measures of guangzhou municipality for the management of manhole cover facilities  广州市司法局网站-凯发k8官方

　　(issued on january 29, 2021 in accordance with decree no. 180 of the people's government of guangzhou municipality and put into effect on april 1, 2021)

　　article 1     these measures are formulated in accordance with the work safety law of the people's republic of china, the regulations on the management of urban roads, the regulations of guangzhou municipality on the management of municipal facilities, the regulations of guangzhou municipality on the management of urban appearance and environmental sanitation, and other relevant laws and regulations, on the basis of the actual conditions of guangzhou, and with a view to strengthening the management of manhole cover facilities, maintaining urban infrastructure in good condition, and ensuring the safe mobility of guangzhou residents and smooth road traffic.

　　article 2     these measures are applicable to the construction, maintenance, protection, emergency response and other activities of or involving manhole cover facilities within the administrative area of guangzhou.

　　the "manhole cover facilities" herein refers to the well seats, grates and covers of the manholes and working wells for the underground pipelines for water supply, sewage discharge, drainage, gas supply, electric power supply, telecommunications, radio and television, public security, traffic, and lighting facilities set up within the boundaries of roads, public squares, public green spaces and residential quarters.

　　article 3     the municipal bureau of urban management and comprehensive law enforcement is responsible for the overall coordination, supervision and appraisal on the management of manhole cover facilities in guangzhou, organizing the relevant municipal authorities to formulate the specifications for the construction of manhole cover facilities, supervising and guiding the persons in charge of the maintenance and management of manhole cover facilities, the relevant municipal authorities and the district people's governments to perform the responsibilities of maintenance and management of manhole cover facilities and carry out emergency response, and shall organize the implementation of these measures.

　　the manhole cover facilities regulatory authority identified by a district people's government (hereinafter referred to as the "district mcf regulatory authority") shall be responsible for the supervision, management and emergency response of manhole cover facilities within its administrative area, and coordinate, supervise and guide the persons responsible for the maintenance and management of manhole cover facilities to perform the maintenance and management responsibilities.

　　the town people's governments and the sub-district offices shall cooperate with the district mcf regulatory authorities in manhole cover facilities management within their respective jurisdictions, and urge the persons responsible for the maintenance and management of manhole cover facilities to perform the maintenance and management responsibilities.

　　article 4     the manhole cover facilities industry regulatory authorities shall fulfill the following tasks related to the management of manhole cover facilities:

　　(1) housing and urban rural construction bureaus are responsible for supervising and guiding the lighting regulatory authority in the maintenance and management of lighting manhole cover facilities, supervise and guide the property service enterprises to perform the responsibilities of maintenance and management of manhole cover facilities in their respective property service areas according to the property service contracts and the ownership of manhole cover facilities.

　　(2) transportation bureaus are responsible for supervising and guiding the road maintenance and management entities in the maintenance and management of self-owned manhole cover facilities within the boundaries of roads and urban roads.

　　(3) water affairs bureaus are responsible for supervising and guiding the water supply and drainage facilities maintenance and operation entities in the maintenance and management of water supply and drainage manhole cover facilities within their respective administrative jurisdictions.

　　(4) industry and information technology bureaus are responsible for coordinating with the relevant electric power and communication entities in the maintenance and management of electric power and communication manhole cover facilities.

　　(5) forestry and landscaping bureaus are responsible for supervising and guiding park management entities, scenic spot management entities and other relevant entities in the maintenance and management of manhole cover facilities within their respective jurisdictions.

　　(6) culture, radio, television and tourism bureaus are responsible for supervising and guiding the relevant cable television entities in the maintenance and management of radio and television manhole cover facilities.

　　(7) urban administration and comprehensive law enforcement bureaus are responsible for supervising and guiding the relevant urban gas entities in the maintenance and management of gas manhole cover facilities.

　　(8) public security bureaus are responsible for the supervision and management of the manhole cover facilities for public security monitoring and intelligent transportation equipment and pipelines.

　　the municipal government affairs data administration shall, with the "guangzhou government service hotline 12345 " as the platform, receive feedbacks from the public on the defects in manhole cover facilities, and timely refer such cases to the corresponding district government service hotline platforms, mcf regulatory authorities or persons responsible for maintenance and management of manhole cover facilities.

　　the municipal bureau of migrant service shall guide and coordinate the district grid service regulatory centers to timely transfer the received information, such as the defects of manhole cover facilities, to the district mcf regulatory authorities or persons responsible for maintenance and management of manhole cover facilities.

　　article 5     the municipal and district people's governments shall incorporate the funds related to the management of manhole cover facilities into their respective financial budgets.

　　the owners of manhole cover facilities shall guarantee the expenses incurred for the maintenance and management of the manhole cover facilities.

　　article 6     the municipal bureau of urban management and comprehensive law enforcement, the manhole cover facilities industry regulatory authority and the district mcf regulatory authorities shall make use of radio stations, television stations, newspapers and the internet to strengthen the publicity of knowledge on safety of manhole cover facilities and emergency disaster prevention, and enhance the whole society's sense of responsibility to protect manhole cover facilities.

　　article 7     the manhole cover facilities for a newly built, reconstructed or expanded pipeline project shall be designed, constructed and accepted simultaneously with the pipeline project, and can be delivered for use only after passing the acceptance inspection.

　　the design, construction and acceptance of manhole cover facilities shall comply with relevant national, provincial and municipal technical standards and specifications, and meet the following requirements:

　　(1) the material, structural form and load capacity of such manhole cover facilities meet the requirements of relevant standards and specifications;

　　(2) the manhole cover facilities shall be kept even with the ground and shall not protrude or settle;

　　(3) the connection between a manhole cover and the base shall be tight and stable, and have anti-theft function, so as to ensure that there is no abnormal noise, displacement or damage when any pedestrians or vehicles pass;

　　(4) the cover and seat of a manhole shall indicate the type and function thereof, the name of the person in charge of maintenance and management, and the phone number for repair application, and the manhole seat shall even indicate its serial number;

　　(5) the manhole cover facilities with a depth of more than 1.5m shall be installed with anti-falling devices.

　　if any built manhole cover facilities do not conform to the provisions of the preceding paragraph, then the person responsible for the maintenance and management of the manhole cover facilities shall timely repair, renovate and transform them to ensure that such facilities meet the requirements.

　　it is encouraged to use adjustable anti-settlement manhole cover facilities on asphalt pavements, direct-bearing manhole cover facilities on cement pavements, and padding manhole cover facilities on green belts and sidewalks.

　　a manhole cover facilities industry regulatory authority shall supervise and guide the construction project developers to implement the relevant standards and specifications for the construction of manhole cover facilities, and supervise and guide the construction project developers to maintain and manage the manhole cover facilities that have not been handed over. the market regulatory authorities are responsible for supervising and administering the quality of manhole cover facilities products produced and/or sold in guangzhou.

　　article 8     the owners of manhole cover facilities shall establish manhole cover facilities management files, and submit the locations and quantity of manhole cover facilities, and the information about newly-built, reconstructed and abandoned manhole cover facilities to the district mcf regulatory authority.

　　the municipal bureau of urban management and comprehensive law enforcement shall establish and improve the manhole cover facilities information management system, use the internet, big data and other modern scientific and technological means to timely identify and deal with the problems with manhole cover facilities, and gradually establish an information network sharing mechanism together with the district mcf regulatory authorities, manhole cover facilities industry regulatory authorities and owners of manhole cover facilities. the sharing of manhole cover facilities information network shall comply with the relevant information security and confidentiality management regulations.

　　article 9     the person responsible for maintenance and management of manhole cover facilities shall be determined as follows:

　　(1) if the manhole cover facilities are owned by a single property owner, the owner shall be the person responsible for maintenance and management.

　　(2) if the manhole cover facilities are owned by more than one property owner, it shall be agreed through negotiation that one of the owners shall be the person responsible for maintenance and management, and other owners shall jointly bear the responsibility for maintenance and management.

　　(3) if the newly installed manhole cover facilities have not undergone the acceptance and handover procedures, the construction project owner shall be the person responsible for maintenance and management.

　　(4) if the ownership of the manhole cover facilities is unknown, then the actual user of the manhole cover facilities shall be the person responsible for maintenance and management; if there are more than one actual user, it shall be agreed through negotiation that one actual user shall be the person responsible for maintenance and management, and other actual users shall jointly bear the responsibility for maintenance and management.

　　where the owner or actual user of the manhole cover facilities mentioned in the preceding paragraph entrusts the maintenance and management of the manhole cover facilities to a professional organization, the entrusted organization shall be the person responsible for maintenance and management; both parties shall sign a maintenance and management commission agreement to clarify their respective rights and obligations.

　　in the case of circumstances described in items 2 and/or 4 of the first paragraph of this article, if the owner or actual user of the manhole cover facilities fails to identify the person responsible for maintenance and management through negotiation, or if there is a dispute over the identification of the owner or actual user of the manhole cover facilities, the competent manhole cover facilities regulatory authority shall organize and coordinate to determine the division of responsibilities for maintenance and management.

　　article 10   a person responsible for the maintenance and management of manhole cover facilities shall carry out the inspection, maintenance, repair, transformation, hidden danger detection and elimination, and emergency handling of the manhole cover facilities in accordance with the following provisions:

　　(1) establish an inspection and maintenance management system, allocate special inspection personnel, regularly inspect, maintain and repair manhole cover facilities, and make a record thereof well.

　　(2) establish a management file system, promote the it construction for management of manhole cover facilities, encourage the use of information management means and scientific and technological means, carry out ownership identification and coding management of manhole cover facilities, and prevent the loss of, damage to and displacement of manhole cover facilities.

　　(3) establish a duty system and announce the 24-hour hotline for repair of manhole cover facilities to the public.

　　(4) establish a hidden danger detection and elimination system, and strengthen the inspection and hidden danger detection and elimination when a rainstorm warning signal is released; in case of any loss of, damage to, collapse of, settlement of, displacement of, loosening of or other problem with manhole cover facilities, carry out timely filling, replacement, transformation, repair or reinforcement to eliminate potential safety hazards.

　　(5) formulate emergency response plans, provide emergency repair personnel, equipment and materials, and carry out emergency response drill regularly.

　　(6) the manhole cover facilities for abandoned underground pipelines shall be disposed of in accordance with the relevant provisions of the measures of guangzhou for the management of underground pipelines.

　　(7) if it is found that any manhole cover facilities the maintenance and management is another person's responsibility are defective, such another responsible person shall be informed immediately and given assistance.

　　article 11   when carrying out inspection, repair, maintenance or emergency disposal of manhole cover facilities, the operational organization shall set up warning and protective facilities; inspection, repair, maintenance and other operations shall be carried out in a way that avoids traffic peak as far as possible. after the completion of the operation, the operational organization shall promptly clean up the site and restore it to its original state; if there are traffic markings on the manhole cover facilities, the connection angle between the markings on the manhole cover facilities and the road markings shall be kept consistent during the re-covering.

　　article 12   if the person responsible for the maintenance and management of any manhole cover facilities is not clear, but there are potential safety hazards, the competent district mcf regulatory authority shall organize and take temporary protective measures, send a letter to the possible owner or actual user of the manhole cover facilities for advice, and make an announcement through the portal website at the same time; if the owner or actual user cannot be identified after the expiration of the announcement period, the competent district mcf regulatory authority shall organize and take such measures as dismantling, sealing and repairing to eliminate the potential safety hazards.

　　article 13   after a person responsible for the maintenance and management of manhole cover facilities discovers that the manhole cover facilities are defective or receives any relevant information, he/she shall immediately take protective measures and replace or repair them or fill the defect within 6 hours; if it cannot be completed within 6 hours due to the limitation of operation conditions, replacement, filling or repairing shall be completed within 36 hours.

　　article 14   after a manhole cover facilities regulatory authority or industry regulatory authority finds that any manhole cover facilities are defective or receives relevant information, they shall guide the person responsible the maintenance and management of the manhole cover facilities and other relevant organizations to set up warning and protective facilities and carry out emergency disposal; if the person responsible for the maintenance and management cannot be defined, the competent district mcf regulatory authority shall undertake the emergency disposal.

　　the competent public security traffic management bureau and the competent transportation bureau shall cooperate with the relevant organizations when such relevant organizations are carrying out emergency disposal or replacement, filling and repair of manhole cover facilities in accordance with the provisions of these measures.

　　article 15   when building, reconstructing, expanding, maintaining or repairing any roads or public places, the construction project developer shall take measures to protect the original manhole cover facilities, and shall not damage or bury the manhole cover facilities; when it is necessary to modify the manhole cover facilities or lift the whole pavement, the plan for modification of the manhole cover facilities shall be formulated, specifying the assumption of costs and other contents, and the consent of the person responsible for the maintenance and management of the manhole cover facilities shall be obtained.

　　article 16   no organization or individual may steal, damage, or move without authorization any manhole cover facilities and relevant warning and protective facilities; nor shall any organization or individual illegally purchase any manhole cover facilities.

　　any organization or individual shall have the right to stop or report any and all acts that may damage any manhole cover facilities; upon the discovery that any manhole cover facilities are defective, any organization or individual may have the right to call the "guangzhou government service hotline 12345" or report to the person responsible for the maintenance and management of manhole cover facilities, the competent manhole cover facilities industry regulatory authority, or the competent mcf regulatory authority. if possible, warning and protective facilities can be set up.

　　article 17   in case of any of the following circumstances in violation of the provisions of these measures, the competent bureau of urban management and comprehensive law enforcement shall impose punishment in accordance with the relevant provisions of the regulations on the management of urban roads and the regulations of guangzhou municipality on the management of municipal facilities:

　　(1) anyone violates the second paragraph of article 7 of these measures by failing to design and construct well cover facilities in accordance with relevant technical standards and specifications;

　　(2) any person responsible for the maintenance and management of well cover facilities violates item 1 of article 10 of these measures by failing to establish a management system for the inspection and maintenance of well cover facilities;

　　(3) anyone violates the provisions of article 11 of these measures by failing to set up warning and protective facilities during the inspection, repair, maintenance, emergency disposal and other operations on well cover facilities;

　　(4) any person responsible for the maintenance and management of well cover facilities violates the provisions of article 13 of these measures by failing to complete the replacement, filling and repair within the specified time upon discovery of the defects in well cover facilities or upon receipt of relevant information.

　　article 18   anyone who, in violation of the provisions of the first paragraph of article 16 of these measures, steals, damages or moves without authorization any well cover facilities and relevant warning and protection facilities or illegally purchases the well cover facilities, which constitutes a violation against public order control, shall be punished by the competent public security organ in accordance with the law of the people's republic of china on administrative penalties for public security; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 19   if any relevant administration and their staff violate the provisions of these measures by failing to legally perform their duties, they shall be ordered by the competent authority to make corrections, and the responsible leaders and the directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 20   these measures shall come into force on april 1, 2021.