Procedures of Shanghai Municipality on the Construction and Administration of a Non-impeding Environment were adopted at the 114th Routine Meeting of the Municipal People’s Government on February 7, 2021, and are hereby promulgated. They shall be effective as of June 1, 2021.

Mayor Gong Zheng

March 12, 2021

Procedures of Shanghai Municipality on the Construction and Administration of a Non-impeding Environment

(Promulgated by Decree No. 45 of Shanghai Municipal People’s

Government on March 12, 2021)

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to creating a higher-level non-impeding environment, ensuring the equal participation in and sharing of a high-quality life by such members of society as the disabled and the elderly, raising the city warmth and civilization degree, and revealing the image of an international metropolis, these Procedures have been formulated in accordance with the Law of the People’s Republic of China on the Protection of the Disabled, the Law of the People’s Republic of China on the Protection of the Rights and Interests of the Elderly, the Regulations on the Construction of a Non-impeding Environment and other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)

The non-impeding environment mentioned in these Procedures means an environment convenient for such members of society as the disabled and the elderly to independently and safely pass roads, enter and exit relevant buildings, take public traffic means, exchange information and access social services.

Article 3 (Scope of Application)

These Procedures shall apply to the relevant construction and administration activities of the non-impeding facilities, non-impeding information dissemination and exchanging, and non-impeding social services within the administrative area of this Municipality.

Article 4 (Basic Principle)

The construction of a non-impeding environment shall match the economic and social development level, and abide by the principle of government leadership, social participation and widespread benefits, meet the needs of relevant members of the society for independent travel, convenient exchange, and service access, and reflect the humanistic care and social support.

Article 5 (Governments’ Duties)

The municipal and district people’s governments shall strengthen the leadership over the construction and administration of a non-impeding environment, establish and perfect a comprehensive coordination mechanism to coordinately solve the important problems in the non-impeding environment construction and administration, and urge the implementation of relevant tasks.

Article 6 (Departments’ Duties)

The department of housing and urban-rural development shall be responsible for the supervisory administration of the engineering construction activities of the non-impeding facilities in public buildings, residential buildings and residential quarters, and jointly with the relevant departments, conduct supervisory inspection on the service condition of the said facilities.

The traffic department shall be responsible for the supervisory administration of the engineering construction activities of the non-impeding facilities on roads and in public traffic facilities, and conduct the supervisory and inspection of the service condition of the said facilities.

The departments of economy and informatization, and culture and tourism shall, according to their respective functions and duties, be responsible for the promotion of  non-impeding information dissemination and exchange.

The civil affairs department shall be responsible for the guidance and promotion of the non-impeding environment construction work in elderly care service institutions, welfare institutions for children, care agencies for the disabled, and for the organizing of reform the household non-impeding facilities for the elderly.

The departments of health, and education shall be responsible for the guidance and promotion of the non-impeding environment construction work in medical and healthcare institutions and schools.

The departments of development & reform, finance, planning and resources, housing administration, greening & city appearance, agriculture and rural affairs, commerce, sports, science and technology, public security, and urban management and law enforcement shall, within their respective functions and duties, be responsible for the relevant work of non-impeding environment construction and administration.

Article 7 (Social Organizations)

The disabled federation, the legally established organizations for the elderly (hereinafter referred to as the organizations for the elderly) and such other social organizations have the right to report the needs of relevant members of society for a non-impeding environment to the relevant departments, put forward the opinions and suggestions on strengthening and improving the construction and administration of a non-impeding environment, and carry out the relevant social supervision.

The disabled federation shall be responsible for organizing the reform of the household non-impeding facilities for the disabled.

The relevant industry associations shall give play to the self-discipline role of the industries and organize, coordinate and promote the construction work of a non-impeding environment in their own respective industries.

Article 8 (Development Planning)

The municipal and district people’s governments shall be responsible for organizing the formulation of the development planning of building a non-impeding environment within their own respective administrative areas, include it into the national economic and social development planning and the national land space planning, and for organizing the implementation thereof.

The departments of housing and urban-rural development, traffic, and economy and informatization shall include into the relevant special planning the contents of building a non-impeding environment, and organize the implementation thereof.

In formulating the development planning and relevant special planning of the non-impeding environment construction, the opinions of the disabled federation, the organizations for the elderly and such other social organizations shall be solicited.

Article 9 (Demonstrative Guidance and Science and Technology R&D)

The district people’s governments shall be encouraged to apply, in advancing the new town development, old quarter reconstruction, and urban renewal, such new generation of information technology as 5G, the Internet of Things, and artificial intelligence, build a non-impeding environment of a higher standard, and establish demonstrative projects and areas of non-impeding environment.

Enterprises, public institutions, social organizations, and individuals shall be supported to research and develop, spread and apply general non-impeding design technologies and products, and raise the convenience, systematization and intelligence level of the non-impeding environment.

Article 10 (Publicity and Education)

The relevant departments of the municipal and district people’s governments shall, in performing their duty of the construction and administration of non-impeding environment, organize and carry out the publicity and education on the construction of a non-impeding environment.

Such social organizations as the disabled federation shall be encouraged to organize and carry out the activities of publicity and education on the construction of  a non-impeding environment, and provide the guidance and help for relevant units and individuals to learn the knowledge of non-impeding environment and to carry out the relevant skill trainings.

Such media as radio broadcasts, TV stations, news papers and periodicals, and news web sites shall, according to the relevant provisions, carry out public welfare publicity of the non-impeding environment construction.

Article 11 (Social Support)

Volunteers and voluntary service organizations shall be encouraged to participate in the publicity of the non-impeding environment construction, supervise the construction activities of non-impeding environment, and provide voluntary services.

Enterprises, public institutions, social organizations, and individuals shall be encouraged to make donations to the non-impeding environment construction.

Article 12 (Evaluation and Awards)

The municipal and district people’s governments shall take the non-impeding environment construction as an important content of the innovation activity of spiritual civilization, and include it into the evaluation index system for the innovation of spiritual civilization.

The units and individuals that have made remarkable achievements in the non-impeding environment construction shall be given commendation and awards according to relevant provisions of the State.

Chapter II  Construction and Maintenance of Non-impeding Facilities

Article 13 (Construction Requirements for Non-impeding Facilities)

The newly-built, rebuilt, and extended roads, public buildings, public traffic facilities, residential buildings and residential quarters shall comply with the engineering construction standards for non-impeding facilities. The relevant departments shall perfect the engineering construction standards for non-impeding facilities in time.

The non-impeding facility project shall be designed, constructed, accepted upon completion and delivered for use in a synchronized manner with the main project.

The newly-built non-impeding facilities shall be connected to the surrounding ones.

Article 14 (Marks of Non-impeding Facilities)

The non-impeding facilities shall be installed with up-to-standard non-impeding marks, which shall be included into the guiding mark system in urban environment or within buildings. The non-impeding marks shall be at eye-catching positions, be clear in contents, comply with the norms, and indicate clearly the directions and positions of the non-impeding facilities.

Article 15 (Design, Construction and Supervision)

The design unit shall, in the designing of a construction project, design the accessory non-impeding facilities according to the engineering construction standards for non-impeding facilities.

The construction unit shall, according to the construction drawing design documents approved upon examination, build the accessory non-impeding facilities, and be responsible for the construction quality.

The construction supervision unit shall, according to the engineering construction standards for the construction of non-impeding facilities, and the construction drawing design documents approved upon examination, supervise the construction quality of non-impeding facilities, and bear the supervision responsibility.

Article 16 (Examination of Planning and Construction)

The department of planning and resources shall consult the opinions of the department of housing and urban-rural development and the department of traffic on the construction requirements for accessory non-impeding facilities in examining and checking the design plan of the construction project.

The construction drawing examination agency shall, in examining and checking the drawing design documents of the construction project, examine the design contents of accessory non-impeding facilities according to the relevant laws and rules and the engineering construction standards for the construction of non-impeding facilities; and shall not approve those documents that do not comply with the relevant compulsory requirements.

Article 17 (Acceptance Upon Completion and Filing for the Record)

The development unit shall, in organizing the acceptance upon completion of a construction project, perform simultaneously the acceptance upon completion of the accessory non-impeding facilities; and the project’s acceptance upon completion report submitted for the record shall include the content of the construction of non-impeding facilities.

The quality supervision agency of construction projects entrusted by the housing and urban-rural development department and the traffic department shall, in its submitted quality supervision report of the construction project, include the content of the construction of the non-impeding facilities.

Article 18 (Trial and Experience of Non-impeding Facility)

In the organizing of the acceptance upon completion of the following newly-built, re-built or extended places, the development unit may invite such representatives of members of society as the disabled and the elderly to make a trial use and to experience personally of the non-impeding facilities, and listen to their opinions and suggestions:

1. places of such professional services as social welfare, rehabilitation and fostering, and special education;

2. public service places of state organs and public institutions;

3. public activity places such as main urban roads, squares, parks, green spaces, and public toilets;

4. places of such public services as public traffic and transportation, culture, sports, education, and medical treatment and healthcare;

5. places of such business as finance, postal services, communication, and public utilities;

6. large and medium-sized department stores, and places of such commercial services as catering, accommodation, and tourism; and

7. other places closely related to the daily life and work of such members of society as the disabled and the elderly.

Article 19 (Non-impeding Public Traffic)

The public traffic operation unit shall, according to the actual needs, provide non-impeding vehicles gradually, and install them with signs of non-impeding operation that are easily identifiable.

The public traffic operation unit shall install the operation vehicles with a station announcement system with both voice and subtitles and maintain the normal use thereof.

Rail traffic stations shall be installed with non-impeding facilities from the ground level to the station hall, and realize non-impeding facility connection between transfer stations. Rail traffic vehicles shall be equipped with non-impeding compartments gradually.

Article 20 (Non-impeding Parking)

Urban public parking lots and the parking lots at large residential quarters shall provide non-impeding parking spaces according to the engineering construction standards for non-impeding facility projects, and be installed with conspicuous signs and marks.

The non-impeding parking spaces are equipped for the exclusive use by the motor vehicles driven or ridden by persons with limb and trunk disability. The parking manager shall dissuade those illegally occupying the non-impeding parking space. To the one who refuses the dissuasion, the manager shall demand him/her to drive away immediately, or refuse to provide the parking service; and to the one who refuses to drive away or makes the parking irrespective of the refusal, which disturbs the public order of the parking lot, the manager shall report that to the public security department in timely for handling according to law.

The public parking lots built with the funds of the government shall reduce or exempt the parking fees for motor vehicles for the disabled within a prescribed time limit. The specific procedures shall be separately formulated by the municipal traffic department jointly with the municipal competent departments of public security and pricing, and the Municipal Disabled Federation.

The parking lots run by social forces shall be encouraged to provide preferential reduction or exemption of parking fees for motor vehicles for the disabled.

Article 21 (Reconstruction of Non-impeding Facilities)

The relevant municipal departments of housing and urban-rural development and traffic shall organize the formulation of non-impeding facility reconstruction plans for the existing roads, public buildings, public traffic facilities, residential buildings and residential quarters that do not comply with the engineering construction standards for non-impeding facility projects, and organize the implementation thereof upon submitting them to and obtaining the approval of the Municipal People’s Government. The district people’s governments shall formulate the non-impeding facility reconstruction plans of their respective administrative areas and organize the implementation thereof.

The reconstruction of the non-impeding facilities at the places listed in Article 18 of these Procedures shall be included into the reconstruction plan with a priority.

The property owner or manager shall be responsible for the reconstruction of non-impeding facilities. Social forces shall be encouraged to participate in the reconstruction of non-impeding facilities.

Article 22 (Maintenance of Non-impeding Facilities)

The property owner and the manager of the non-impeding facility shall maintain and manage the said facility, and shall make timely repair thereof if there is any damage or breakdown, so as to ensure the normal use of the non-impeding facility.

Article 23 (Use of Maintenance Funds)

Where the maintenance, renewal and reconstruction of the non-impeding facilities in a residential quarter requires the use of the special funds for maintenance, the handling procedures shall conform to the relevant provisions of the State and this Municipality on residential property management.

Article 24 (Addition of Elevators and Reconstruction of Household Non-impeding Facilities)

This Municipality shall encourage old residential quarters to add elevators, and promote the reconstruction of household non-impeding facilities for the disabled and the elderly qualified.

Appropriate subsidies shall be supplied for the reconstruction of household non-impeding facilities for the disabled and the elderly qualified.

Article 25 (Requirements for Non-impeding Facilities in Units with Many Disabled Employees)

Units with many disabled employees shall, according to the relevant standards and requirements, ensure the construction and/or reconstruction of non-impeding facilities is well done.

Article 26 (Forbidden Acts and Temporary Occupation and Use)

No unit or individual may damage, or occupy or use without authorization non-impeding facilities, or change the use of such facilities.

The urban construction or important social welfare activities shall, in case of a need of temporary occupation and use of an urban road, avoid the occupation and use of the non-impeding facilities. In case of a real need of occupying and using the non-impeding facilities, guardrails or warning signs shall be installed and necessary alternative measures shall be taken. At the expiration of the temporary occupation and use, the relevant unit shall restore the non-impeding facilities to the original state.

Chapter III  Non-impeding Information Transmission and Exchange

Article 27 (Non-impeding Public Information)

The people’s governments at all levels and their relevant departments shall take measures to provide convenience for such members of society as the disabled and the elderly to access public information.

In issuing important government information, information on emergencies, and the information relevant to the disabled and the elderly, the people’s governments at all levels and their relevant departments shall provide such information exchange services as voice broadcast and text prompts.

Where a municipal or district people’s government holds a press conference to issue the information provided for in the preceding Paragraph, sign language or subtitles may be added in the transmission thereof as needed.

Article 28 (Non-impeding Film and TV Program)

News, popular science and documentary TV programs shall provide sign language or subtitles additionally. Video products for film and television openly published and issued shall be provided with subtitles.

Websites shall be encouraged to provide sign language or subtitles for the video programs transmitted thereby.

Such units as cinemas, theaters, cultural centers and community cultural activity centers which have the proper conditions shall be encouraged to open special non-impeding film shows and to hold activities like Non-impeding Film Day.

Article 29 (Non-impeding Reading)

The municipal and district public libraries shall open reading rooms for those with visual impairment, provide Braille books, audio books, and voice screen reading software, so as to provide non-impeding reading services for those with visual impairment.

Other libraries which have the proper conditions shall be encouraged to open reading rooms/corners for those with visual impairment or to provide Braille books and audio books.

Article 30 (Websites and Mobile Terminal Applications)

The government service platforms, government affairs websites, public service websites of this Municipality and their mobile terminal applications shall comply with the relevant standards for non-impeding design, and provide services of non-impeding  information transmission and exchange.

Article 31 (Emergency Calls and Hotline Services)

Such emergency call systems as police alarm of 110 , fire alarm of 119, and emergency medical aid of 120 shall have the function of text message alarming and calling, so as to ensure the needs of those with aural and speech impediment for giving an alarm and receiving a first raid.

The resident service hotline of 12345 shall have the function of text message exchange or provide the service of sign language interpretation, so as to ensure the needs of those with aural and speech impediment for consultation, suggestions, help seeking, complaints, and reports.

Article 32 (Information Exchange Services in Public Activities)

When holding public activities such as meetings, lectures, trainings and performances attended by many people with visual or aural impediment, the hosting units shall provide such information exchange services as subtitles, sign language, and commentaries.

Chapter IV  Non-impeding Social Services

Article 33 (Election Activities)

The department and/or the unit that organizes an election shall provide convenience and necessary assistance for such members of society as the disabled and the elderly to participate in the election, and provide Braille or large-print votes for those with visual impairment.

Article 34 (Examination Activities)

The relevant departments of the municipal and district people’s governments, and the examination organizing units shall，according to actual needs, provide members of society like the disabled with convenience for the participation in entrance examinations, occupational qualification examinations and occupation entry examinations of all kinds. Where persons with visual impairment participate in an examination, they shall, as needed, be provided with Braille exam papers, large-print exam papers, electronic papers or audio exam papers, or take the examination under the help of specialized working staff.

The traffic control department of the public security organ shall provide those with limb and trunk disability and those with aural impediment with the convenience for participating in the motor vehicle driving qualification test.

Article 35 (Services of Government Affairs)

Such service agencies of government affairs as administrative service centers and community affairs service centers shall provide necessary non-impeding services for such members of society as the disabled and the elderly, and give priority to them in handling the relevant matters.

Article 36 (Cultural and Tourist Services)

Such public cultural facilities as museums, art galleries, science & technology museums, cinemas, theaters and community cultural activity centers, and tourist spots shall provide such non-impeding services as wheelchairs, voice and text guides, and sign language interpretation for such members of society as the disabled and the elderly.

Article 37 (Public Services)

Public service units of finance, postal services, communication, and public utilities shall provide such auxiliary equipment as electronic information display screens and writing pads in their business premises to provide text information services for those with aural or speech impediment and in need of such equipment, and provide speech information service for those with visual impairment, so as to facilitate their business handling.

Postal enterprises shall deliver Braille readings free of charge.

Article 38 (Medical and Healthcare Services)

Medical institutions such as hospitals and community health service centers shall, according to the relevant provisions, provide convenient services such as priority in registration and medicare guiding services for the disabled and the elderly.

Medical institutions shall be encouraged to open non-impeding outpatient services, and provide sign language interpretation services for those with aural or speech impediment.

Article 39 (Education and Teaching Services)

Schools of all levels and kinds shall provide necessary non-impeding services for disabled students in the aspects of non-impeding facilities and equipment, education and teaching, and life.

Article 40 (Public Traffic Services)

Public traffic service places such as airports, train stations, bus passenger terminals, port passenger terminals, and rail transit stations shall be installed with text display systems and voice prompt systems that issue the information, and provide necessary help like consultation services or wheelchairs for such members of society as the disabled and the elderly.

Article 41 (Intelligent Information Services)

The relevant departments of the people’s governments at all levels and the units that provide public services shall take measures to spread and apply the intelligent information services that meet the needs of such members of society as the disabled and the elderly and provide corresponding support, respect the habits of the disabled and the elderly, reserve and improve traditional service modes and promote the integrated development and mutual supplementation of online and offline services.

Social organizations such as the disabled federation, the organizations for the elderly, and training institutions shall be encouraged to carry out trainings on special subjects to help such members of society as the disabled and the elderly to raise their ability to apply intelligent technologies.

Article 42 (Emergency Shelter Services)

The maintenance and management units of urban emergency shelters shall formulate working plans for emergency shelters for such members of society as the disabled and the elderly, improve the function of non-impeding services in urban emergency shelters, and provide relevant workers with trainings in non-impeding services.

Article 43 (Service Dogs)

The staff members of public places shall provide convenience for the disabled who takes along a service dog.

Where a disabled person takes along a service dog in a trip, he/she shall carry the relevant certificates with himself/herself; in the case of entering or exiting from a public place or taking a public means of traffic, he/she shall obey the relevant provisions of the State and this Municipality.

Chapter V  Supervision and Administration

Article 44 (Supervision)

Social organizations like the disabled federation may invite deputies to the people’s congress, members of the Chinese People’s Political Consultative Conference, experts, scholars, and resident representatives to work as supervisors to supervise the construction and use of a non-impeding environment.

When finding a problem that does not comply with the requirements for the construction and management of a non-impeding environment, the supervisor may put forward improvement suggestions to the property owner or manager of the non-impeding facility or the provider of non-impeding service, or directly report to the relevant department.

Article 45 (Grid Administration)

This Municipality shall include the maintenance of non-impeding facilities into the urban grid administration. As for the damage or breakdown of a non-impeding facility found in its patrol, the urban operation management organ under the district or town/township people’s government or the sub-district office shall dispatch the task sheet, conduct the supervision and verification, and command and coordinate the relevant departments or units to make a timely repair.

Article 46 (Complaint, Reporting and Feedback)

As for an act in violation of the provisions on the construction and administration of non-impeding environment, any unit and individual may report to the property owner or manger of the non-impeding facility or the provider of non-impeding service, or complain or report to the relevant departments.

Upon receiving the complaint or report, the relevant departments shall investigate and handle the case in time, and give a feedback on the handling to the complainant or the reporter.

Chapter VI  Legal Liability

Article 47 (Guiding Provisions)

Where the Regulations on the Construction of a Non-impeding Environment or other relevant laws or rules have the provisions on the handling of an act in violation of the provisions in these Procedures, such provisions shall prevail.

Article 48 (Responsibility for Damaging, Occupying and Using Non-impeding Facilities Without Authorization, or Changing the Use of Non-impeding Facilities)

In violation of the provisions of Paragraph 1 of Article 26 of these Procedures, any act that damages or occupies or uses non-impeding facilities without authorization, or changes the use of non-impeding facilities, the traffic departments and urban management and law enforcement department shall, according to their respective functions and duties, order the violator to make a rectification within a time limit, and impose a fine of not less than 2,000 yuan but not more than 5,000 yuan; if no rectification is made or the case is serious, the violator shall be imposed on a fine of not less than 5,000 yuan but not more than 20,000 yuan.

Article 49 (Punishment for Discredit)

The discredit information such as units or individuals being subject to the administrative penalty for violation of relevant provisions on the construction and administration of a non-impeding environment shall be included and shared in the Public Credit Information Service Platform of this Municipality according to the provisions, and corresponding punishment shall be imposed for such violations according to law.

Article 50 (Accountability)

In case that the relevant departments or their staff members bearing the duty of building and administrating the non-impeding environment violate the provisions of these Procedures, do not perform their statutory duty, abuse their power, neglect their duties, or play favoritism and commit irregularities, the person direct in charge or other persons directly responsible shall be punished according to law; if such an act constitutes a crime, the violator shall be prosecuted for criminal liability according to law.

Chapter VII  Supplementary Provisions

Article 51 (Effective Date)

These Procedures shall be effective as of June 1, 2021. The Procedures of Shanghai Municipality on the Administration of the Construction and Use of Non-impeding Facilities, promulgated by Decree No. 1 of Shanghai Municipal People’s Government on April 3, 2003, and amended and re-promulgated by Decree No. 52 of Shanghai Municipal People’s Government on December 20, 2010, shall be repealed simultaneously.