Procedures of Shanghai Municipality on the Administration of Building Energy Saving
Article 1 (Purpose)
Procedures of Shanghai Municipality on the Administration of Building Energy Saving
Promulgated on June 13, 2005 by Decree No. 50 of the Shanghai Municipal People’s Government)
For the purpose of strengthening the administration of building energy saving in this Municipality, reducing the energy consumption of buildings, increasing the efficiency of energy use, improving the environmental quality and promoting the sustainable development of economy and society, these Procedures are formulated in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Procedures shall apply to the building energy saving in the new construction, reconstruction, expansion and use of urban public buildings and residential buildings (hereinafter collectively referred to as“buildings”) and related administrative activities in the administrative areas of this Municipality.
Article 3 (Definition)
“Building energy saving”as mentioned in these Procedures refers to such activities as the adoption of heat-protection and insulation measures for building cladding structures and the selection and use of energy-saving energy use systems and renewable energy use systems in the designing, construction, installation and use of buildings, according to relevant State, trade or local standards relating to building energy saving (hereinafter collectively referred to as“building energy saving standards”), as well as the maintenance and upkeep of such structures and systems,.
The“energy use systems”as mentioned in these Procedures refer to the energy use equipment and facilities designed and installed at the same time as the buildings.
Article 4 (Administrative Departments)
The Shanghai Municipal Economic Commission shall be responsible for the comprehensive supervision and administration of the energy-saving work in this Municipality.
The Shanghai Municipal Construction and Communications Commission (hereinafter referred to as the SMCCC) shall be responsible for the supervision and administration of building energy saving in this Municipality, and the Shanghai Municipal Administrative Office of the Building Trade shall be responsible for the concrete implementation of these Procedures.
The district/county administrative departments of construction shall, according to these Procedures, be responsible for the supervision and administration of building energy saving in their respective jurisdictions.
Relevant administrative departments of development and reform, planning, science and technology, housing, land and resources and finance in this Municipality shall, according to their respective functions and duties, cooperate in the implementation of these Procedures.
Article 5 (Implementation and Formulation of Standards)
Development units, design units, construction units and supervision units shall implement mandatory building energy saving standards. The adoption of recommended building energy saving standards shall be encouraged.
In those construction areas where there are no energy-saving standards set by the State, the SMCCC shall, in the light of the status of development of building energy saving in our country and this Municipality and the principles of being advanced in technology and reasonable in economy, organize and formulate this Municipality’s energy-saving standards and necessary technical norms for implementing such standards,
Article 6 (Requirements for Detailed Planning of Urban Construction)
When determining the layout, shape and exposure of buildings in the formulation of detailed urban planning, the municipal or district/county administrative departments of planning shall take into account of the requirements for building energy saving.
Article 7 (Energy-saving Requirements for Newly-constructed Projects)
Building energy savings measures shall be adopted for newly-constructed buildings according to the provision of these Procedures and the building energy saving standards.
Article 8 (Requirements for Reconstruction and Expansion Projects)
In case of the existing buildings that do not meet the building energy saving standards, building energy saving measures shall be adopted according to the provision and requirements of these Procedures if the building cladding structures are involved in their reconstruction or expansion.
Article 9 (Requirements for Relevant Units)
The design units shall, when designing buildings, follow the building energy saving standards.
The construction units shall conduct the construction according to the approved design documents and construction rules.
The supervision units shall supervise according to the building energy saving standards and the provisions and requirements of the design documents; in case such provisions or requirements are not met, corrections shall be required.
Article 10 (Formulation and Examination of Working Drawings)
Where buildings are to be constructed, reconstructed or expanded, the contents of building energy saving shall be included in the construction drawings and design documents.
Examination agencies of construction drawings and design documents shall examine the contents of building energy saving in the construction drawings and design documents. The construction drawings and design documents that are not examined or do not meet the mandatory building energy saving standards upon examination may not be used and the municipal or district/county administrative departments of construction may not issue construction permits.
Article 11 (Filing on Completion and Acceptance)
When organizing the acceptance-check of buildings on their completion, the development units shall at the same time conduct acceptance-check on the implementation of building energy saving, and include the contents of the implementation of building energy saving in the project completion and acceptance report filed with the municipal or district/county administrative departments of construction.
The supervision agencies of construction project quality in this Municipality shall put forward specific supervision suggestions on building energy saving in their reports on construction project quality supervision submitted.
In case the development units are found to be in violation of the provision of these Procedures in the completion and acceptance process, the municipal or district/county administrative departments of construction shall order them to make corrections within a prescribed time limit.
Article 12 (Instructions for Use)
Where newly-constructed buildings are sold, the conditions of the building cladding structures, energy use systems and renewable energy use systems and their corresponding protection requirements shall be specified in the operational manuals of the newly-constructed residential housing.
Article 13 (Certification of Energy-saving Buildings above the Standard)
This Municipality encourages the adoption of building materials and energy use systems that are above the existing building energy saving standards and their corresponding construction processes and technologies.
With regard to buildings that are above the existing building energy saving standards, the development units may, on the basis of the principle of voluntariness, apply to relevant professional social intermediate agencies for certification. The certification procedures shall be formulated separately by the SMCCC.
Article 14 (Requirements for Decoration of Buildings)
When decorating the buildings for which building energy saving measures have already been adopted, the owners or users of such buildings shall take necessary protective measures to avoid damaging the existing energy-saving facilities.
Article 15 (Regular Maintenance and Repair by Owners)
The owners or users of the buildings shall, according to the provisions and requirements set by the State and this Municipality for building energy saving, conduct regular maintenance of the buildings and avoid or guard against damaging relevant cladding structures and energy use systems; upon discovering that the building cladding structures or the energy use systems do not meet the requirements for building energy saving, they shall repair or replace them without delay.
Article 16 (Encouraging Development and Application)
Governments at all levels in this Municipality shall adopt measures to encourage scientific research and technological development of building energy saving, popularize the application of energy-saving building materials and energy use systems and their corresponding construction processes and technologies, and promote the development and utilization of renewable energy resources.
The SMCCC shall, according to the status of technical research and development of building energy saving in this Municipality, formulate and promulgate a catalogue of popularizations and applications to be encouraged.
Article 17 (New Energy-saving Wall Materials)
This Municipality encourages the development and research of new wall materials for building energy saving, and commends and awards those units and individuals that make outstanding achievements in or contributions to the popularization and application of new wall materials for building energy saving.
Article 18 (Energy-saving Renovation by Marketized Means)
This Municipality shall encourage diversified and multi-channel investment in the energy-saving renovation of buildings and the investors may share in the profits from the energy-saving renovation of buildings according to agreements.
Article 19 (Education and Training)
Units engaged in building energy saving and related administrative activities shall train relevant personnel in professional knowledge, such as building energy saving standards and technologies.
Article 20 (Supervision)
The municipal or district/county administrative departments of construction shall strengthen the day-to-day supervision and administration of building energy saving, and, upon discovering any acts that violate the provision of these Procedures, timely stop such acts and handle them according to law.
All units and individuals have the right to supervise the activities of building energy saving, and, upon discovering any act that violates relevant provisions on building energy saving, may report it to the municipal or district/county administrative departments of construction. The municipal or district/county administrative departments of construction shall timely investigate and handle it upon receipt of such reports.
Article 21 (Provisions of Prohibition and Restriction)
The use of building materials and energy use systems that do not meet the building energy saving standards shall be prohibited and the use of backward construction processes and technologies shall be prohibited or restricted.
A catalogue of prohibitions or restrictions shall be proposed by the SMCCC in conjunction with relevant departments and promulgated upon approval by the Municipal People’s Government.
Article 22 (Punishment of Violations of Provisions of Prohibition)
Those who, in violation of Article 21, Paragraph 1, of these Procedures, use building materials, energy use systems, construction processes or technologies whose use is prohibited shall be ordered by the municipal or district/county administrative departments of construction to make corrections within a prescribed time limit, and subjected to a fine from not less than 5,000 yuan to not more than 3,0000 yuan; where laws or regulations provide otherwise, such provisions shall apply.
Article 23 (Houses Constructed by Individual Farmers)
The application of these Procedures as a reference shall be encouraged for building energy saving in the houses constructed by individual farmers.
Article 24 (Effective Date)
These Provisions shall become effective from July 15, 2005.