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Measures of Guangzhou Municipality for the Management of Urban/Rural Lighting
(Issued on August 15, 2012 in accordance with Decree No. 86 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality and amended for the second time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)
Article 1 In order to strengthen the planning, construction and management of urban/rural lighting, improve the lighting environment of urban/rural roads and standardize urban landscape lighting, these Measures are developed in accordance with relevant laws and regulations and on the basis of the actual conditions of this Municipality.
Article 2 These Measures shall apply to the planning, construction, maintenance, supervision and management of urban/rural lighting within the administrative area of this Municipality.
Article 3 The planning, construction, maintenance and management of urban/rural lighting shall be people-oriented, cost-efficient, energy-saving, environment-friendly and environment-improving, and be compatible with the urban/rural economic and cultural development and people’s living standards.
Article 4 The municipal urban-rural development authority shall be responsible for the urban/rural lighting work of the whole city and organize the implementation of these Measures.
Article 5 The municipal urban-rural development authority shall establish a supervision and assessment system for urban/rural lighting construction, maintenance and management, and regularly organize inspections on the preparation and implementation of lighting facilities construction plans, lighting energy consumption and actual lighting effects.
Article 6 Entities engaged in survey, design, construction or supervision of urban/rural lighting projects shall have corresponding qualifications; relevant professional and technical personnel shall obtain corresponding practicing qualifications according to law.
Article 7 For new roads in urban/rural areas or buildings and structures that are newly-built, altered or expanded and shall be equipped with urban landscape lighting facilities, the lighting facilities shall be designed, constructed, inspected for acceptance and put into use simultaneously with the main works.
Article 8 Encourage the use of new technologies, new processes, new materials, new light sources and products with low energy consumption and are environmental-friendly when building urban/rural lighting facilities to improve the overall level of urban/rural lighting.
Article 9 Guangzhou City shall waive the compensation (indemnity) for the occupation and utilization of roads for urban/rural road lighting construction.
Article 10 No entity or individual may commit any of the following acts that damage urban/rural lighting facilities:
(1) Scratching or smearing on urban/rural lighting facilities;
(2) Shooting or throwing objects at urban/rural lighting facilities;
(3) Stealing urban/rural lighting facilities;
(5) Planting trees, digging pits for soil or setting other objects without authorization, or dumping corrosive substances containing acid, alkali, salt or corrosive waste residue and waste liquid within the safe distance of urban/rural lighting facilities;
(8) Unauthorized relocation, demolition, alteration and use of urban/rural lighting facilities;
(10) Other acts that may affect the normal operation of urban/rural lighting facilities.
Chapter II Planning, Construction, Maintenance and Management of Urban Road Lighting
Article 11 The urban road lighting construction content shall be included into the special plan for urban roads. The municipal urban-rural development authority shall be responsible for organizing the preparation of development plan and annual construction plan for urban road lighting, as well as professional construction standards and construction guidelines.
Article 12 The implementation of annual construction plan for urban road lighting shall be organized by the municipal lighting construction authority. For urban road lighting facilities that need routine maintenance andrenovation, the municipal lighting construction authority shall be responsible for preparing the annual routine maintenance and renovation plan and reporting it to the municipal urban-rural development authority for approval.
Article 13 When an urban road lighting construction project is completed and needed to be inspected for acceptance, the project owner shall notify the municipal lighting construction authority or the district lighting authority to be present for technical guidance.
Article 14 The trial operation stage of urban road lighting facilities shall be within 2 months from the date when urban road lighting facilities are put into use. The project owner shall record the monitoring data during the trial operation stage to ensure the integrity and normal operation of urban road lighting facilities.
Article 15 The urban road lighting facilities may be transferred to the municipal lighting construction authority for unified maintenance and management. The transferred urban road lighting facility shall meet the following conditions:
(4) It meets the professional requirements on environmental protection, fire control, etc.;
(6) Evaluation results in the trial operation stage are good or above;
(7) Other conditions needed for maintenance and management.
Article 16 If the municipal lighting construction authority agrees to accept the urban road lighting facilities applied for transfer by the project owner, it shall sign a written handover contract with the project owner and handle the transfer procedures.
Article 17 The municipal lighting construction authority may entrust entities with corresponding qualifications to carry out routine maintenance of urban road lighting facilities by means of bidding, and gradually realize socialized management. The maintenance and management entities shall be selected in accordance with the provisions of Article 58 herein for the urban road lighting facilities that are undergoing energy-saving renovation by means of contract energy management.
The entrusted entities shall carry out the following maintenance and management work:
(4) Other work on the maintenance and management of urban road lighting facilities.
Article 18 Other urban road lighting facilities that have not been transferred to the municipal lighting construction authority for maintenance and management shall be maintained and managed by the project owner in accordance with the requirements of the Paragraph 2 of Article 17 herein, and shall accept the supervision, inspection and guidance of the municipal lighting construction authority.
Article 19 For urban road lighting facilities maintained and managed by the municipal lighting construction authority, the operation and maintenance costs shall be included into the annual expenditure plan of the urban maintenance and construction project at the municipal level.
Article 20 Where it is necessary to relocate, demolish or alter urban road lighting facilities due to construction projects or other reasons, the opinions of the owner or manager of the facility shall be sought first, and an application shall be submitted to the municipal urban-rural development authority. After approval, relevant organizations shall be entrusted to take necessary measures, such as relocation, protection and establishment of temporary road lighting facilities, before construction may be started. When the project is completed, urban road lighting facilities shall be restored or newly built at the same time, and the required expenses shall be borne by the applicant.
Article 21 To apply for relocation, demolition or alteration of urban road lighting facilities, the following documents shall be submitted:
(2) Opinions of the owner or manager of urban road lighting facilities;
(3) Construction Permit for Building Works or other documents proving the legality of the project;
(5) The information of the construction unit;
(7) The supporting documents of the implementation of funds.
Article 22 If the natural growth of a tree causes the substandard safe distance and affects the lighting effect, the owner or manager of the tree shall trim it by himself/herself. If the branches with a diameter of more than 5 cm needed to be trimmed, the owner or manager of the tree shall report to the forestry and landscaping authority for approval before trimming.
Article 23 The holding of major celebrations and temporary setting of public welfare propaganda slogans or lighting decorations on lampposts shall be reported to the urban management authority for approval. After the end of the events, the relevant entities shall dismantle, clean up and restore the lampposts to their original states within 3 days.
Chapter III Planning, Construction, Maintenance and Management
of Road Lighting in Villages and Towns
Article 24 The district lighting authority shall be responsible for organizing the preparation of special plans for village/town road lighting, and organizing the implementation after the plans have been approved by the district people’s government.
Article 25 The funds for road lighting construction of villages and towns shall be raised through the following channels and methods:
(1) Financial funds of the town people’s government;
(2) Funds subsidized by the municipal/district people’s governments;
(3) Villages’ self-owned funds, social funds and funds raised by other channels and methods.
Article 26 The municipal urban-rural development authority shall develop technical specifications for road lighting construction in villages and towns suitable for this Municipality adhering to the principles of low costs, practicality and safety.
Article 27 The town people’s government shall, when organizing the implementation of road lighting construction in villages and towns, conduct bidding for construction projects in accordance with the relevant provisions of the State.
Article 28 The project owner accountability system shall be implemented for village/town road lighting construction projects. The accountability system for work safety and construction quality shall be implemented as required, and supervision system shall also be implemented.
Article 29 For the completion acceptance check of a village/town road lighting construction project, the project owner shall notify the district lighting authority to be present for technical guidance.
Article 30 After the completion acceptance check of a village/town road lighting construction project, the project owner shall provide the town people’s government with a detailed list of lighting facilities and completion files and other relevant information needed for maintenance and management. The town people’s government shall sign a written handover contract with the project owner and handle the handover procedures.
Article 31 Town people’s governments shall be responsible for the maintenance and management of road lighting facilities in villages and towns, and the required funds shall be included into the financial budget of the towns at the corresponding level.
Article 32 With the approval of the municipal people’s government, road lighting facilities in villages and towns may be built uniformly with the contribution of the municipal finance. The road lighting facilities in villages and towns funded by the municipal finance shall be handed over to the local district lighting authorities by the project owners after passing the completion acceptance checks. The funds needed for the maintenance and management of road lighting facilities in villages and towns after the handover shall be provided by the district people’s government as a whole.
Article 33 If there is a lighting construction and management agency in the district where the town people’s government is located, the town people’s government may entrust the district lighting construction and management agency to carry out unified maintenance and management of road lighting facilities in villages and towns within its jurisdiction.
Article 34 Town people’s governments or district lighting construction and management agencies may entrust entities with corresponding qualifications to carry out routine maintenance of road lighting facilities in villages and towns by means of bidding.
Article 35 Town people’s government shall establish and improve the village and town road lighting management system to strengthen management and maintain timely, so as to maintain the lighting rate and facilities intact rate.
Article 36 The villagers’ committee may designate a special person to cooperate with the town people’s government to inspect the road lighting facilities in villages and towns. If it is found that the road lighting facilities in villages and towns are lost or damaged and there is any private connection on the road lighting facilities in villages and towns, he/she shall promptly stop it and report to the town people’s government.
Article 37 Town people’s governments and villagers’ committees shall jointly carry out mass publicity and education of caring for road lighting facilities in villages and towns.
Chapter IV Planning, Construction, Maintenance and
Management of Urban Landscape Lighting
Article 38 The municipal urban-rural development authority shall, jointly with the municipal planning authority, organize the preparation of special plans for urban landscape lighting, which shall be organized to implement by the municipal urban-rural development authority after being approved by the municipal people’s government.
Article 39 The preparation of special plans for urban landscape lighting shall be based on the level of urban economic and social development and combined with the natural geographical environment and cultural conditions of the city. The total amount and layout of landscape lighting in the whole city shall be scientifically set, the area of buildings structures, road sections and areas where landscape lighting facilities are set shall be determined, and the key areas and prohibited areas of urban landscape lighting shall be delineated.
Article 40 For the preparation of special plans for urban landscape lighting, the opinions from the relevant district people’s government, relevant authorities and experts and the public shall be sought.
Article 41 The municipal urban-rural development authority shall, according to the special plans for urban landscape lighting, organize the preparation of the plan on setting urban landscape lighting in key areas, and organize the implementation with the approval from the municipal planning authority.
Article 42 Municipal urban-rural development authority shall, according to the special plans for urban landscape lighting, organize the formulation of the annual construction plan of urban landscape lighting, and report it to the municipal people’s government for approval before implementation.
Article 43 The following buildings and structures shall be equipped with urban landscape lighting facilities according to the plans:
(6) Buildings, structures or historic buildings with historical commemorative significance;
(7) Urban landmark buildings and structures;
Article 44 Urban landscape lighting facilities shall be set by the following entities and individuals (hereinafter referred to as the setters):
Article 45 The planning and design scheme of the main works of the newly-built, rebuilt or expanded buildings and structures that shall be equipped with urban landscape lighting facilities shall include the design scheme of urban landscape lighting facilities. The planning authority shall check this item for the approval of the construction project planning permit.
Article 46 For buildings and structures that have been delivered for use and need to be equipped with urban landscape lighting facilities but which are not set yet, the setter shall build additional urban landscape lighting facilities in accordance with relevant technical requirements. If the setter fails to do so, the municipal urban-rural development authority or the district lighting authority shall urge it to implement the setting work, and theproperty service enterprise shall cooperate with it.
Article 47 The construction costs of urban landscape lighting facilities shall be borne by the setter. The construction cost of urban landscape lighting facilities uniformly set up by the municipal lighting construction authority or the district lighting authority shall be borne by the municipal/district financial funds accordingly.
Article 48 For buildings and structures that have been equipped with urban landscape lighting facilities, the setter shall submit the acceptance check results on urban landscape lighting facilities in the completion acceptance report to the local district lighting authority in writing for filing within 20 days from the date of passing the project completion acceptance check.
Article 49 The municipal urban-rural development authority shall establish a centralized control system for urban landscape lighting facilities, and gradually realize centralized control over the turn-on and turn-off of urban landscape lighting facilities in key areas. Urban landscape lighting facilities in other areas may be incorporated into the centralized control system for unified management upon the decision of the municipal people’s government.
Article 50 The maintenance and management of urban landscape lighting facilities shall be implemented as follows:
Article 51 The person in charge of maintenance and management shall strengthen routine maintenance and safe operation management, keep the integrity, good condition and clean appearance of urban landscape lighting facilities, and ensure safe operation and use. If the patterns, texts and lights are incomplete, dirty or old and the facilities are damaged, they shall be cleaned, repaired or replaced in time.
Article 52 For urban landscape lighting facilities incorporated into the centralized control system of the whole city, the municipal lighting construction authority may entrust entities with corresponding qualifications to be responsible for the maintenance and management.
Article 53 Urban landscape lighting facilities shall be turned on in accordance with the following regulations:
(4) In the power supply shortage period, based on the decision of the municipal people’s government and the implementation plan of the city’s off-peak power consumption, the turn-on time may be shortened.
Article 54 The municipal urban-rural development authority shall, in conjunction with the municipal science and information technology authority, support urban/rural lighting related scientific research, promote the use of energy-saving and environment-friendly new lighting technologies and products and carry out green lighting demonstration pilot activities to improve the scientific and technological level of urban/rural lighting and promote the development of emerging lighting industries with independent intellectual property rights and international competitiveness in this Municipality.
Article 55 The municipal urban-rural development authority shall, in accordance with the relevant special plans for urban/rural lighting, develop energy conservation plans for urban/rural lighting.
Article 56 The municipal lighting construction authority shall, based on the release time of the catalogue of new technologies and new materials in the lighting industry in this Municipality, regularly carry out energy conservation education and post energy conservation training for urban/rural lighting construction, maintenance and management entities.
Article 57 The municipal lighting construction authority shall regularly inspect and organize the evaluation of lighting energy conservation measures of urban/rural lighting construction, maintenance and management entities and summarize and popularize advanced technical experience of lighting energy conservation to improve the energy conservation level of urban/rural lighting construction, maintenance and management entities.
Article 58 Urban/rural energy-saving lighting facilities may be constructed through multiple channels and diversified investment. Energy conservation transformation of urban road lighting facilities shall be organized by the municipal lighting construction authority, who may adopt the contracted energy management approach to select professional energy management companies to manage urban/rural lighting facilities by means of public bidding. The saved electricity charges shall be refunded in the city maintenance fee.
The energy conservation transformation of road lighting facilities shall not be carried out until the corresponding lighting standards are met.
Article 59 If any project owner violates the provisions of Article 7 herein by failing to design, construct, accept and operate urban/rural lighting facilities simultaneously with the main works, the municipal urban-rural development authority or the district lighting authority shall impose a fine of not less than RMB 5,000 but not more than RMB 20,000 on the project owner.
Article 60 Whoever violates the provisions of Article 10 herein by committing any of the following acts shall be punished by the urban management and comprehensive law enforcement authority:
Article 61 Whoever commits any of the following acts shall be punished by the municipal urban-rural development authority or the district lighting authority:
Article 62 If the district lighting authority finds anything not conforming to the contents of the special plan on urban landscape lighting during the filing of urban landscape lighting facilities, it shall order the setter to make corrections within a time limit; those who refuse to make corrections shall be fined not less than RMB 5,000 but not more than RMB 10,000.
Article 63 If the setter violates the provisions of Article 48 herein by failing to submit the urban landscape lighting facilities for filing, delaying in submitting them, concealing the relevant information or providing false information for filing, the district lighting authority shall order it to make corrections within a time limit; those who refuse to make corrections shall be fined not less than RMB 5,000 but not more than RMB 10,000.
Article 64 Those who violate the provisions of Paragraph 2 of Article 57 herein by using excessively the lighting or commit any other act exceeding energy consumption standards shall make corrections within a time limit as required by the district lighting authority; those who fail to make corrections within a time limit shall be fined not less than RMB 1,000 but not more than RMB 30,000.
Article 65 Those who violate the provisions of Paragraph 3 of Article 10 herein by stealing urban/rural lighting facilities, if violating the Law of the People’s Republic of China on Penalties for Administration of Public Security, shall be punished by the public security organs according to law; if a crime is constituted, the offender shall be investigated for criminal responsibility according to law.
Article 66 If the relevant authorities and their staff violate these Measures by failing to perform their duties according to law, the competent authorities shall order them to make corrections, and punishments shall be given to persons in charge and persons directly responsible, and whereas the case constitutes a crime, criminal responsibilities shall be affixed.
Chapter VII Supplementary Provisions
Article 67 The following terms have the following meanings:
(2) Urban/rural lighting facilities refer to lighting appliances used for outdoor night lighting in urban/rural areas, as well as equipment and ancillary facilities of power distribution systems, monitoring systems, energy-saving systems, etc.;
(3) Village and town roads refer to public roads connecting towns and villages.
Article 68 These Measures shall come into force on January 1, 2013. The Measures of Guangzhou Municipality for the Management of Urban Road Lighting Facilities, which came into effect on September 1, 1998, shall be abolished accordingly.