Provisions of Hubei Province on the Administration and Construction of Obstacle-free Facilities

· Document Number：Decree No.317 of the People's Government of Hubei Province

· Area of Law： Civil Law

· Level of Authority： Local Government Rules

· Date issued：05-26-2008

· Effective Date：07-01-2008

· Status： Effective

· Issuing Authority： People's Government of Hubei Province

Decree of the People's Government of Hubei Province
(No. 317)
Provisions of Hubei Province on the Administration and Construction of Obstacle-free Facilities, deliberated and adopted at the Executive Meeting of the People's Government of Hubei Province on April 28, 2008, are hereby promulgated and shall come into force as of July 1, 2008.
Governor: Li Hongzhong
May 26, 2008
Provisions of Hubei Province on the Administration and Construction of Obstacle-free Facilities
Article 1 With a view of strengthening the administration and construction of obstacle-free facilities, these Provisions have been formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons as well as the provisions of relevant laws and regulations, and in the light of the actual circumstances of this Province.
Article 2 The obstacle-free facilities mentioned in these Provisions refer to the service facilities to ensure that the handicapped, senior citizens, children and other persons with restricted mobility can pass and use conveniently, safely automatically when they reside, travel, work, enjoy entertainment or take parting other activities.
The scope and construction standard of necessary accessory obstacle-free facilities to the construction projects shall be determined according to the provisions of "Norms on the Obstacle-free Design of Urban Roads and Buildings" (hereinafter referred to as Design Norms).
Article 3 People's governments at all levels shall enhance the leadership of the administration and construction of obstacle-free facilities within their administrative areas, integrate the construction of obstacle-free facilities into the economic and social development planning and urban construction planning and organize the implementation seriously within their administrative areas to ensure the construction of obstacle-free facilities in line with the economic and social development.
The competent administrative department of planning and construction at all levels shall be responsible for the daily work of the administration and construction of obstacle-free facilities within their administrative areas. The working agencies of the people's governments at all levels shall be responsible for the supervision, coordination and inspection over the administration and construction of obstacle-free facilities within their administrative areas. Other relevant departments shall, in accordance with their respective functions and duties, be responsible for work related to the administration and construction of obstacle-free facilities within their administrative areas.
Article 4 People's governments at all levels shall support the scientific and technological research of obstacle-free facilities and encourage the development and application of obstacle-free products.
Article 5 The property owner of a construction project shall be the obligor to construct obstacle-free facilities of the project. The property owner shall reach an agreement with the user to determine their respective responsibilities for construction, maintenance and administration of obstacle-free facilities where ownership is separated from the right of use.
While constructing the newly-built, re-built and extended construction projects, the parties responsible for the construction of obstacle-free facilities shall, in line with the proceeding paragraph, design and construct obstacle-free facilities and set internationally practiced obstacle-free signs according to the standard provided in Design Norms. The synchronized planning, design, construction, acceptance and delivery for use of the necessary accessory obstacle-free facilities with the main construction project shall be ensured.
Article 6 The competent administrative departments of planning and construction of cities and counties shall list the content of the construction of necessary accessory obstacle-free facilities in the scope of examination before their checking and issuing the "Permit of Construction Project Planning" and the "Permit of Construction Project Implementation", and shall deny the approval and issuance of permits of a project or the organization of check and acceptance of a project that does not design or build obstacle-free facilities according to Design Norms violating paragraph two of Article 5 of these Provisions.
Article 7 The unit in charge of construction of a construction project shall, according to the approved designing documents, build the necessary accessory obstacle-free facilities.
The unit in charge of supervision of a construction project shall be responsible for the supervision over the construction quality of necessary accessory obstacle-free facilities.
The construction unit shall, in accordance with relevant regulations of the State, install graphic signs for the completed obstacle-free facilities to guide and remind people of the correct use of the obstacle-free facilities.
Article 8 The property owner or the user of the construction project shall be responsible for the maintenance of the necessary obstacle-free facilities of the project.
The person responsible for the maintenance of obstacle-free facilities shall, according to the prescribed standard and requirement, conduct the daily maintenance and repair of the obstacle-free facilities to ensure the normal use of obstacle-free facilities.
Article 9 The competent administrative department of construction that approved the construction of a project shall, jointly with relevant departments, formulate reconstruction plan and organize the reconstruction gradually for the completed construction project without necessary accessory obstacle-free facilities, or with necessary accessory obstacle-free facilities but failing to the standard and requirement prescribed in Design Norms. The property owner or the manager of the construction project shall be responsible for the reconstruction of the obstacle-free facilities according to the reconstruction plan.
The competent administrative department of construction at the higher level shall make supervision over the reconstruction of obstacle-free facilities integrated in the reconstruction plan jointly with relevant competent administrative departments. Relevant departments shall not approve the extension or rebuilding of a similar project applied by the property owner or the manager of the construction project who failed to complete the reconstruction task in accordance with the reconstruction plan.The reconstruction fund shall be borne by the property owner or the manager of the construction project.
Article 10 Public transport operators shall have barrier-free vehicles gradually on the public transport operating lines. Public transport vehicles shall have subtitles and voice system to deliver stops and keep them in normal use. The operating marks and signs of existing barrier-free vehicles shall be conspicuous enough to identify easily.
Article 11 No units or individual persons may damage, occupy without authorization or use the obstacle-free facilities, or change the use of obstacle-free facilities.
In case the urban construction or large-size mass activities temporarily need occupying and using obstacle-free facilities on urban streets, the construction unit or holding unit shall report to administrative departments concerned for approval , and warning signs or signal facilities shall be installed. At the expiration of the temporary occupation and use, the mentioned unit shall restore the obstacle-free facilities to the original state.
Article 12 The competent administrative department of planning and construction at all levels shall strengthen the daily supervision and inspection over the construction, daily use, maintenance and administration of obstacle-free facilities, and shall timely stop acts that violate these Provisions, handle the case according to law and notify the reporter of the handling result.
The association of the handicapped at all levels, commission of the senior citizens' affairs and other mass organizations or individual persons have the right to exercise supervision over the construction, daily use, maintenance and administration of obstacle-free facilities, and may report to the competent administrative department of construction in case of finding problems. The competent administrative department of construction shall investigate and handle the case in time upon receiving the report and shall also notify the handling result to the reporter.
Article 13 The unit in charge of design of a construction project who, in violation of these Provisions and the compulsory requirement of the design Norm, fails to design obstacle-free facilities, shall be dealt with by the competent administrative department of construction in accordance with provisions in Article 63 of Regulations on Quality Administration of Construction Projects.
The unit in charge of construction of a construction project who, in violation of these Provisions and relevant provisions in Regulations on Quality Administration of Construction Projects, fails to construct obstacle-free facilities according to design drawings and construction technology standard, or the construction hereof has quality problems, shall be dealt with by the competent administrative department of construction in accordance with provisions in Article 64 of Regulations on Quality Administration of Construction.
The construction unit who, in violation of these Provisions, fails to make the acceptance examination of the necessary accessory obstacle-free facilities or deliver the use thereof that have not passed the quality examination at will, shall be dealt with by the competent administrative department of construction in accordance with provisions in Article 58 ofRegulations on Quality Administration of Construction Projects.
Article 14 The party concerned who violates Article 11 of these Provisions, occupies without authorization or uses the obstacle-free facilities, or changes the use of obstacle-free facilities illegally, shall be ordered to stop the damage and restore the facilities to the original state by the competent administrative department of construction and may be imposed a punishment in accordance with relevant laws and provisions. In case of causing damage and destruction of obstacle-free facilities, the party concerned shall be punished by the public security organs in accordance with relevant provisions in Public Order Administration Punishment Law of the People's Republic of China in addition to the legal damage compensation.
Article 15 The competent administrative department of planning and construction and their staff members who have one of the following acts shall be given administrative sanctions by the unit where they work or competent department at the higher level; they shall be investigated for criminal liability if a crime is constituted:
1. checking and issuing the "Permit of Construction Project Planning" and the "Permit of Construction Project Implementation" to those construction projects that do not plan or design necessary accessory obstacle-free facilities as provided;
2. failing to handle the act of not constructing necessary accessory obstacle-free facilities of the newly-built, re-built and extended construction projects as provided;
3. failing to perform supervision duty over the implementation of reconstruction plan for obstacle-free facilities of key public construction projects;
4. failing to perform administration duty over maintenance of obstacle-free facilities or failing to perform the duty of encouraging obligors thereof to do so;
5. failing to investigate into and handle the reported existing problems related to the construction, use, maintenance and administration of obstacle-free facilities as provided;
6. committing other acts such as abusing power, engaging in malpractice for personal benefit and neglecting duty, etc…
Article 16 These Measures shall come into force as of July 1, 2008.