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Rules of Guangzhou Municipality for the Administration of Construction of a Barrier-free Environment
(Issued on March 6, 2020 in accordance with Decree No. 172 of the People's Government of Guangzhou Municipality and put into effect on May 1, 2020)
Article 1 These Rules are formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons, the Regulations on the Construction of a Barrier-free Environment, the Rules of Guangdong Province for the Administration of the Construction of a Barrier-free Environment and other laws, regulations and rules, in the light of the actual situation of this Municipality, and with a view to creating a barrier-free environment, ensuring the equal participation of disabled persons and other members of society in social life, and promoting social civilization and progress.
Article 2 These Rules are applicable to the construction of a barrier-free environment within the administrative region of this Municipality, as well as the administrative activities related thereto.
The term "construction of a barrier free environment" herein refers to the construction activities carried out for the disabled, the elderly, the injured, pregnant women, children and other social members to independently and safely pass through roads, access relevant buildings, take public transport, exchange information, obtain social services, enjoy public services and live at home.
Article 3 The municipal and district people's governments shall strengthen their leadership over the construction of a barrier-free environment.
The body for deliberation and coordination of the work for disabled people under the municipal people's government or under a district people's government is responsible for organizing and coordinating the construction and management of a barrier-free environment in its administrative area, and formulating specific coordination systems.
Article 4 The municipal housing and urban-rural development department shall be responsible for the supervision and administration of the activities for construction of barrier-free facilities and works for buildings, and shall carry out supervision and inspection on the construction and use of barrier-free facilities and works for buildings.
The municipal transportation authority shall be responsible for the supervision and administration of the activities for construction of barrier free facilities and works for roads and urban rail transit within its administrative region, and shall carry out supervision and inspection on the construction and use of barrier-free facilities and works for roads and urban rail transit.
The municipal forestry and landscape, water affairs, law enforcement for urban management, port affairs, and other administrative departments shall, in accordance with their respective responsibilities, do a good job in the supervision and administration of the activities for construction of barrier-free facilities and works for, including but not limited to, parks, blueway, public toilets and ports.
The municipal development and reform, government service data management, industry and information technology, public security, planning and natural resources, civil affairs, culture, radio, television, tourism, finance, postal and other relevant departments shall do a good job in the construction, supervision and administration of a barrier-free environment in accordance with their respective responsibilities.
The relevant district departments shall do a good job in the construction, supervision and administration of a barrier-free environment in their respective administrative areas, in accordance with their respective responsibilities.
Article 5 The municipal and district housing and urban-rural development departments shall, in conjunction with the transportation, forestry and landscape architecture, water affairs, law enforcement for urban management, port administration, data management of government affairs services, industry and information technology, development and reform, planning and natural resources and other departments, work out the development plans for construction of a barrier-free environment in their respective administrative areas, and submit them to the people's governments at the corresponding levels, respectively, for approval before implementation.
To draw up a development plan for construction of a barrier-free environment, it is necessary to listen to the opinions of disabled people's organizations, the elderly's organizations, the women's federation, etc.; when necessary, the opinions of the relevant stakeholders may be solicited.
Such development plans for construction of a barrier-free environment shall be incorporated into the municipal or district national economic and social development plans as well as urban-rural plans.
The body for deliberation and coordination of the work for disabled persons under the municipal people's government shall organize an evaluation of the implementation of the development plans for the construction of a barrier-free environment, at least once every five years, and report on the evaluation results to the municipal people's government. All relevant departments and organizations shall report the implementation to the municipal body for deliberation and coordination of the work for disabled persons every year.
Article 6 The relevant municipal and district departments shall take the construction of a barrier-free environment as an important part of the work of promoting civilized behavior and include it in the evaluation index system of civilized behavior of their own system, and include the construction of a barrier-free environment in the evaluation index system for commendation and reward for civilized behavior such as civilized units or civilized communities.
Article 7 Disabled people's organizations, the elderly's organizations, the women's federation may employ supervisors to carry out supervision on the construction and administration of a barrier-free environment in this Municipality.
Disabled persons and their organizations, elderly and their organizations, and the women's federation may put forward opinions and suggestions to the relevant departments on the construction and administration of a barrier-free environment, and such relevant departments shall handle and reply in a timely manner.
The federation of the disabled, the office of the working committee on aging and the women's federation may organize investigation and evaluation on the construction of a barrier-free environment in this Municipality, publish the investigation and evaluation report to the public, and put forward opinions and suggestions to the relevant departments, which shall handle and reply in a timely manner.
Article 8 The federation of the disabled, the office of the working committee on aging and the women's federation may regularly carry out publicity and education activities on the construction of a barrier-free environment, and provide guidance and help for relevant organizations and individuals to learn the knowledge about a barrier-free environment and carry out relevant skills training.
Radio stations, television stations, newspapers, news websites and other media shall arrange a certain period of time or layout for public welfare publicity of the construction of a barrier-free environment in accordance with relevant regulations.
This Municipality encourages charitable organizations, voluntary service organizations and other social organizations and individuals to provide donations or voluntary services for the construction of a barrier-free environment.
Article 9 Any organization or individual may report to the owner and manager of any barrier-free facilities on any acts that may damage or occupy without authorization such barrier-free facilities or change without authorization the use of such barrier-free facilities, or file a complaint or report through the municipal unified government service hotline or platform.
After receiving such a complaint or report, the competent departments of housing and urban-rural development, transportation, forestry and garden, water affairs, law enforcement for urban management, port administration, public security, and planning and natural resources and other relevant departments shall timely supervise the performance by the owner and manager of such barrier-free facilities of the responsibility of protection or maintenance, and inform the informant or complainant of the handling thereof.
Article 10 The construction of barrier-free facilities shall meet the basic requirements of safety, applicability and convenience, comply with the standards for construction of barrier-free facilities, and abide by the following provisions:
(1) Pedestrian overpasses and pedestrian underpasses in major urban roads, major urban commercial areas and large urban residential areas shall be provided with wheelchair ramps or accessible elevators and other barrier-free facilities in accordance with the standards for construction of barrier-free facilities. Curb ramps shall be provided at the intersections, entrances and exits of sidewalks;
(2) Blind tracks shall be laid continuously on the main urban roads, main urban commercial areas, urban public transport stations and urban squares, and avoid obstacles such as trees (holes), poles, wires, garbage cans, etc.;
(3) Where Braille stop plates are set up at bus stops and urban rail transit stations, the position, height, form and content of each stop plate shall be convenient for the visually impaired;
(4) Low-level service facilities shall be set up at ticket offices, service desks, public telephones, drinking fountains, etc. in public buildings and buildings of historical and cultural relics protection organizations;
(5) Warning signs, signals or indicator devices shall be set up at glass doors, glass walls, staircases, elevators and passages in public buildings or public transport facilities;
(6) Sound warning devices shall be set up on the sidewalk signal lights in the main urban roads, main urban commercial areas and large urban residential areas;
(7) Wheelchair ramps shall be set up at the entrances and exits of subway stations, railway stations, bus passenger stations, passenger terminals, airports, parks, hospitals, window service outlets of State organs, cultural and sports public buildings, restaurants, shopping malls, banking service places and residential areas where steps are set up;
(8) Accessible entrances and exits and barrier-free toilets shall be set up for the toilets in window service outlets of State organs, banking business service places, tourist attractions, parks, hospitals and large and medium-sized shopping malls and for outdoor public toilets.
Barrier-free facilities should be gradually built in villages, curb ramps should be set up on roads with sidewalks, and relevant barrier-free facilities should be set up in comprehensive service centers, activity squares, parks and public toilets for villagers.
Article 11 The owner of a construction project shall construct barrier-free facilities in accordance with laws, regulations, rules and national standards, and the funds required shall be included in the estimate (or budget) of the construction project; when preparing a project feasibility report or putting forward design entrustment, the contents related to the construction of barrier-free facilities shall be included.
When designing a construction project, the design organization shall design supporting barrier-free facilities in accordance with the requirements of barrier-free design specifications. If barrier-free facilities should be designed but fail to be designed, the body examining shop drawing design documentation shall not approve the design documentation.
The construction organization shall carry out the construction of barrier-free facilities in accordance with the approved shop drawing design documentation and construction technical standards, and shall be responsible for the quality of construction.
The project supervisory organization shall implement supervision on the quality of construction of barrier-free facilities in accordance with laws, regulations, construction standards for barrier-free facilities and approved shop drawing design documentation, and bear the supervision responsibility for the quality of construction.
Article 12 Any newly-built metro station or other urban rail transit station shall have at least one entrance equipped with a barrier-free elevator for wheelchair passengers.
For any built urban rail transit station with no barrier-free elevator for wheelchair passengers, when conditions permit, accessibility renovation shall be implemented step by step.
Article 13 The following parking lots shall have and be marked with barrier-free parking spaces at convenient locations in accordance with the Code for Accessibility Design and the Standard for Construction of Urban Public Parking Lot Projects:
(1) Parking lots for public service places of State organs;
(2) Parking lots for large shopping malls, hospitals at Grade II or above and three-star or higher hotels;
(3) Medium-, large- and super large-sized urban public parking lots.
If any parking lot as mentioned in the preceding paragraph has been built but no barrier-free parking space has been set up, such set-up shall be gradually completed.
Barrier-free parking spaces shall be exclusively used for motor vehicles driven or taken by physically disabled persons, and shall not be occupied by any other motor vehicles. When using a barrier-free parking space, a physically disabled person shall place his/her "Disabled Person Certificate of the People's Republic of China" in an obvious position of the vehicle.
If the person parking a motor vehicle fails to comply with the requirements of the preceding paragraph, the operator of the parking lot shall dissuade him/her; if he/she does not listen to the dissuasion, the operator may ask him/her to leave the parking lot immediately or refuse to provide parking service, and report to the relevant administrative authority according to law; if he/she affects the order of public security administration or is suspected of violating fire control law, the operator shall timely submit the case to the competent public security organ for handling according to law.
If a parking lot is run by the government, the parking service fee for special motor vehicles for the disabled shall be reduced by half. Other operators of parking lots are encouraged to waive or reduce the parking fee for the disabled.
Article 14 When organizing the completion acceptance of any of the following new construction, reconstruction or expansion projects, the owner of the project shall invite the disabled persons' federation to participate, and listen to the opinions of the disabled persons' representatives on trial use; those that do not meet the standards for the construction of barrier-free facilities shall not pass the completion acceptance or go through the filing procedures:
(1) Airports, railway stations, bus stations, subway stations, passenger terminals and other public transit hubs;
(2) The main urban roads and their ancillary facilities such as sidewalks, pedestrian overpasses and pedestrian underpasses;
(3) Hospitals, stadiums, libraries, museums, cinemas and other institutions or venues;
(4) External window service outlets of State organs and public institutions;
(5) Tourist attractions, parks, public toilets and other public places.
The owner of the project shall inform the disabled persons' federation, five (5) working days in advance, who shall arrange for disabled persons' representatives to participate in the trial use.
Article 15 Each public bus/trolleybus, rail transit or cruise tax operator organization shall be equipped with wheelchair accessible vehicles according to a certain proportion and shall formulate supporting barrier-free service specification.
public buses/trolleybuses and rail transit vehicles shall be gradually installed with subtitle and voice station-reporting devices.
The bus stops for accessible vehicles shall comply with the national standards for the construction of barrier-free facilities.
The online taxi-hailing service providers in the Municipality are encouraged to provide wheelchair passengers with accessible vehicles and services to meet their riding needs.
Article 16 No organization or individual may damage, or occupy without authorization, any barrier-free facilities, or change the use thereof.
The owner and manager of any barrier-free facilities shall conduct daily inspection on such facilities, maintain and repair them in time, and ensure the normal use of such facilities. If the owner and the manager agree on their own responsibility for the maintenance and repair of barrier-free facilities, they shall bear the corresponding responsibility as agreed.
The departments of housing and urban-rural development, transportation, forestry and landscape, water affairs, law enforcement for urban management, and port affairs, and other relevant departments shall establish an inspection system, regularly check the maintenance and use of barrier-free facilities, and timely facilitate the owners and managers to rectify the barrier-free facilities that are inconvenient for the disabled to use. When inspecting or facilitating the rectification of barrier-free facilities, the opinions of the disabled shall be listened to.
Article 17 The municipal and district People's governments shall formulate plans for the renovation of barrier-free facilities for any roads, urban squares, urban green spaces, residential areas, residential buildings, public buildings, public transit facilities, or parks that have been built but do not comply with the standards for the construction of barrier-free facilities, and for the cultural relics protection organizations that are open to the outside world and meet the conditions for the renovation of barrier-free facilities.
The owner or manager shall be responsible for the renovation of barrier-free facilities. The departments of housing and urban-rural development, transportation, forestry and garden, water affairs, law enforcement for urban management, port affairs, and public security, and other relevant departments shall carry out supervision and inspection on the renovation by the owner or manager of barrier free facilities.
Article 18 The municipal and district People's governments shall give priority to the renovation of barrier-free facilities for the following institutions and places:
(1) Special education, rehabilitation, social welfare and other institutions as well as pension service facilities;
(2) Public service places of State organs and public institutions;
(3) Schools, hospitals, stadiums, libraries, cultural centers, museums, cinemas, theaters;
(4) Airports, railway stations, bus stations, subway stations, passenger terminals, ports and other public transport service places;
(5) Financial, postal, communications, business, tourism and other public service places;
(6) Main urban roads and their ancillary sidewalks, pedestrian overpasses, pedestrian underpass and other facilities, squares, green space, parks;
(7) Other service places closely related to the life or work of the disabled.
If the barrier-free facilities for any institutions or places mentioned in the preceding paragraph are to be renovated, the opinions of the disabled persons' organizations, the elderly's organizations and women's federations shall be solicited.
Article 19 For any and all newly-built public libraries, subway stations, pedestrian overpasses, underground passages and other public places equipped with escalators or elevators, such an escalator or elevator, as the case may be, shall have the voice reminder function, so as to facilitate the visually disabled and the elderly to identify the location, running direction and floor of the escalator or elevator, as the case may be.
If any public place mentioned in the preceding paragraph has been built, with no voice reminder function set up in any escalator or elevator, the setting shall be completed step by step.
Article 20 The municipal and district government service data management departments shall, in accordance with the relevant national and provincial regulations, incorporate the construction of barrier-free information exchange into their respective government information technology construction plans at the corresponding levels.
The competent industry authorities, the federation of the disabled and the office of the working committee on aging shall, based on the needs of wheelchair users, the visually impaired, the hearing impaired and other groups for barrier-free information exchange, guide and encourage relevant scientific research institutions, enterprises or individuals to carry out topic research on the construction of a barrier-free environment, and develop, popularize and apply barrier-free maps, teaching materials, translation software and other technologies, products and services to serve the barrier-free information exchange.
Article 21 The municipal and district people's governments and their relevant departments shall strengthen the construction and renovation of barrier-free information on their respective official websites, and make the following important public government affairs information into Braille or audio versions available to the municipal and district public libraries for the reading by the visually disabled:
(1) The annual work reports of the municipal and district people's governments;
(2) Planning and annual plans for national economic and social development at the corresponding levels;
(3) Important data in the annual statistical communiqué issued by the competent department of statistics;
(4) Government rules and administrative normative documents of the municipal government, which are closely related to the rights and interests of the disabled.
Article 22 The visually impaired persons who carry guide dogs or the severely disabled persons who carry service dogs when going out shall carry relevant certificates with them; the relevant national, provincial and municipal regulations shall be observed when accessing public places and taking public transport. No organization or individual may obstruct them.
Workers in public places shall, in accordance with the relevant national, provincial and municipal regulations, provide necessary barrier-free services for the visually disabled with guide dogs and the severely disabled with service dogs.
Article 23 If any newly built, reconstructed or expanded urban roads, public buildings, public transport facilities, residential buildings or residential areas do not meet the standards for the construction of barrier-free facilities, the competent authority shall order corrections and impose penalties according to law.
Article 24 If any motor vehicle other than those driven or taken by physically disabled persons occupies a barrier-free parking space, which affects the use by any physically disabled person, or if the operator of the parking lot fails to dissuade him/her from occupying, in violation of regulations, a barrier-free parking space, he/she shall be punished by the competent traffic administrative department of the competent public security organ according to law.
Article 25 If the owner or manager of any barrier-free facilities fails to protect or maintain such facilities in a timely manner, thus making it impossible for them to be used as normal, the competent authority shall order the owner or manager to repair such facilities within a time limit; if any personal injury or property damage is caused to the users of such facilities, the owner or manager of such facilities shall be liable for compensation.
Article 26 If any organization or individual violates these Rules by committing a violation of law, the competent authority may, after handling it according to law, include the violation information of the relevant organization or individual into the public credit information management system of this Municipality in accordance with the regulations of this Municipality, and implement joint punishment.
Article 27 If any relevant administrative authority and their staff violate these Rules by failing to perform their duties according to law, the competent authority shall order corrections, and give a disciplinary action to the officers in charge and directly responsible persons according to law; if the case constitutes a crime, they shall be investigated for criminal responsibility according to law.
Article 28 These Rules shall come into force on May 1, 2020. The Rules of Guangzhou Municipality for the Administration of Construction of Barrier-free Facilities issued by the People's Government of Guangzhou Municipality on October 1, 2003 (Decree [2003] No. 10 of the People's Government of Guangzhou Municipality) shall be abolished accordingly.