Measures of Shenzhen Municipality on Management of Public Toilets
(Promulgated by Decree No. 252 of Shenzhen Municipal People’s Government on July19th, 2013)
Chapter I General Provisions
Article 1 In order to strengthen the management of public toilets of Shenzhen, improve the level of city appearance and environmental sanitation, facilitate the public to use, these Measures are hereby formulated according to relevant laws and regulations, and in the light of the actual conditions of Shenzhen.
Article 2 These measures shall apply to the planning, construction, management and maintenance of public toilets within the administrative area of Shenzhen.
Article 3 The term “public toilets” in these Measures means the toilets established independently in public places or attached to other buildings for public use. They shall mainly include:
1.municipal public toilets, which means the public toilets established and maintained by the department of urban management, or established according to the city planning and then handed over to the department of urban management for maintenance;
2.social public toilets, which means the public toilets established and maintained by the proprietary units according to the city’s planning at bus stations, ports, subways, train stations, airports, sports and tourism facilities, hospitals, parks, public green spaces, plazas, commercial facilities, financial telecommunications outlets, gas stations, tourism spots, open area of organs and units, and etc.;
3.agreement public toilets, which means the public toilets which are originally internal toilets of the relevant units, with which the department of urban management signs service agreements, and are upgraded to the stipulated standards and are opened for public use according to the aforementioned agreements.
Article 4 The administration of public toilets shall follow the principles of unified planning, proper distribution, environmental coordination, full function, health and safety.
Article 5 The municipal department of urban management (hereinafter referred to as the municipal competent department) is the competent administrative department of public toilets of this municipality, which is responsible for working out special planning and technical specifications for construction, management and maintenance of public toilets, and responsible for the management, coordination, supervision and inspection of all public toilets of this municipality.
The district people's government (including the new district administration institution, the same below) is the responsibility body of the management of public toilets within its administrative area, and its subordinated department of urban management (hereinafter referred to as the district competent department) is specifically responsible for the following supervision and management work of public toilets:
1.the construction and management of municipal public toilets;
2.the supervision and inspection of social public toilets;
3.the identification and regulation of agreement public toilets.
Article 6 Departments of planning and land resources, finance, development and reform, human settlements and environment, housing and construction and water shall, according to their respective functions and duties, make efforts to bring to success the related work of public toilets management.
Chapter II Planning and Construction
Article 7 The municipal competent department shall prepare the special planning of public toilets of this municipality jointly with the municipal department of urban planning and land resources.
Planning and construction of municipal public toilets by using spaces such as public green spaces and the spaces under the overpasses shall be encouraged.
When constructing waste transfer stations and other municipal public facilities, matched municipal public toilets shall be planned and constructed at the same time.
Supporting public social toilets shall be planned and constructed in public area such as bus stations, ports, subways, train stations, airports, sports and tourism facilities, hospitals, parks, public green spaces, plazas, commercial facilities, financial telecommunications outlets, gas stations, tourism spots, and open area of organs and units.
Article 8 The planning and design of public toilets shall comply with relevant national technical standards and the requirements of Specifications on Planning and Design of Small and Medium Sized Environmental Sanitation Facilities of Shenzhen Municipality.
Municipal public toilets shall be planned and constructed by the street and at the lower floors, and shall be coordinated with the surrounding environment.
A reasonable proportion of male to female toilet seats shall be set, and the number of female toilet seats in public toilets shall be increased appropriately.
Article 9 The supporting public toilets which are built according to the planning shall be designed, constructed, accepted, and put into use together with the main body of the construction project spontaneously, and the required funds shall be counted into the total investment of the construction project.
Where supporting public toilets shall be constructed together with a construction project according to the planning, but the design of the construction project does not include public toilets or the design of public toilets does not reach the planning requirements, the department of planning and land Resources shall not handle the planning permit of the construction project.
Article 10 With regard to a construction project, which shall have supporting public toilets constructed together with the project according to the planning, the department of planning and land Resources Committee shall not approve the planning acceptance of the project if the department finds during the planning acceptance that there are no such supporting public toilets or the supporting public toilets do not reach the planning and design requirements.
Where, according to the planning requirements, the supporting public toilets shall be handed over to a competent department for management, but relevant transfer procedures have not been handled, the department of planning and land Resources shall not approve the planning acceptance.
Article 11 The construction of public toilets shall use green building materials preferentially, install energy-saving lighting systems and use water-saving sanitary wares.
Article 12 In the area where urban sewage pipe network covers, the sewage discharged by public toilets may be discharged directly into the municipal sewage pipe network after pre-treated by the septic tanks; in the area where urban sewage pipe network does not cover, the sewage discharged by public toilets may only be discharged after having been treated by the sewage treatment facilities and having met the requirements of Quality Standards of Surface Water Environment.
Article 13 Municipal public toilets, which have been constructed before these Measures are implemented, and do not meet the stipulated standards and technical specifications of the State and Shenzhen City, shall be transformed.
Transformation of social public toilets to meet the stipulated standards shall be encouraged. The responsibilities of transformation shall be assumed by the propertary unit of the toilets. District People's governments may provide appropriate subsidies to the transformation of social public toilets.
Article 14 In the public places where it is difficult to construct fixed public toilets and the flow of people is intensive, the district competent department shall set up movable public toilets which are adapted to the local conditions, and make efforts to bring to success the cleaning services according to relevant standards.
Where large-scale cultural, nonprofit, commercial activities and other activities are held and the existing public toilets do not meet the demands of the public, the organizers shall set up moveable public toilets temporarily, and make efforts to bring to success the cleaning services according to relevant standards.
Article 15 No unit or individual shall, without permission, occupy the planned land or rooms for public toilets or change their purpose, or obstruct the construction of planned public toilets.
Chapter III Administration and Maintenance
Article 16 Public toilets are open to the public free of charge.
Social public toilets shall be open to the public within the service time of the public places, which it belongs to.
Article 17 In the area where public toilets are in a serious shortage and it is difficult to construct new public toilets or, in the densely-populated “villages in the city” or other similar area, the district competent department may, according to the actual needs, sign service agreements with relevant units to upgrade their internal toilets or provide adequate subsidies in order to make those internal toilets open to the public after meeting the standards.
The agreement public toilets shall establish distinct graphic signs and guide boards, and open freely to the public during the agreed time in the service agreement.
Article 18 The municipal competent department shall make electronic maps and brochures of public toilets of the whole city to facilitate the public to check the positions of public toilets in time through public telephone service platforms, mobile phones, computers, and other methods.
The proprietary units of public toilets shall set up clear graphical signs and guide boards according to the setting up specification requirements at the entrance of public toilets and the nearby area to guide the public to use toilets.
Article 19 The responsibilities of routine repair, maintenance and cleaning work of public toilets shall be assumed by their proprietary unit.
The district competent department may entrust the maintenance and management of municipal public toilets to professional service institutions by tendering, recruiting and other competitive methods, which are open and fair.
Proprietary units shall set up signs that publish information of maintenance and management, such as opening time, sanitary quality standards, management person-in-charge, supervision telephone number at visible places of public toilets for the public to supervise.
Article 20 The maintenance and management of public toilets shall comply with the relevant standards and meet the following requirements:
1.being ventilated, well lit;
2.no accumulated water, phlegm, cigarette butts, scraps of paper and other debris on the ground;
3.no maggots, no obvious smell;
4.no dirt, sundries and fecal accumulation inside the pots;
5.being equipped with hand washing equipments, mirrors, clothes hooks, trashes, etc.;
6.other requirements of technical standards and specifications on the maintenance and management for public toilets.
Article 21 District People's governments shall guarantee the funds for the maintenance and management of municipal public toilets, the renovation of existing social public toilets and the operating subsidy funds for agreement public toilets.
Article 22 Competent departments shall establish supervision and inspection and appraisal systems for the maintenance and management of public toilets. With regard to the public toilets, which do not meet the requirements of maintenance and management, the competent department shall urge the proprietary units to make correction in time.
Article 23 The public toilets shall be used civilizedly, the following violations shall be prohibited:
1. painting, engraving, posting disorderly on the walls or facilities
2. spitting, smoking, littering everywhere;
3. dumping dirt and waste to the pots, urinals, cesspits;
4. defecating outside the toilets.
Article 24 Any unit or individual shall not close or dismantle public toilets without permission, and shall not impair public toilets and ancillary facilities.
If the public toilets need to be closed temporarily due to facilities troubles or other reasons, the proprietary unit shall publish the unavailability time and maintain in time.
If the unavailability time is more than 72 hours, the proprietary unit shall report to the district competent department and set up moveable public toilets nearby or adopt other methods to solve the demands of the public.
If the public toilets need to be removed because of the city construction, the construction unit shall bring forward a proposal for re-constructing the toilets first, solicit advice from the district competent department, and submit for approval according to the stipulated procedures. The standards of re-constructed public toilets shall not be lower than the original standards.
Article 25 The emergency sites for disaster mitigation shall reserve the connection points of water, electricity and drainpipes for emergency public toilets, make efforts to bring to success the work of storage of equipment materials for movable public toilets, and provide emergency services in time in case of emergencies.
Chapter IV Legal Liability
Article 26 Relevant administrative departments and their staff members, who, in violation of provisions of these Measures, do not carry out their statutory functions and duties, shall be investigated for administrative responsibilities according to law; if the violation is suspected of committing a crime, the suspect shall be transferred to judicial organs according to law.
Article 27 Where, in violation of the provisions of Article 16, Article 17 of these Measures, the proprietary unit of public toilets charges on the public toilets, or fails to open the toilets within the specified time, the district competent department shall order to make correction in a prescribed period and, impose a fine of 500 yuan; under the circumstances of failure to make correction within the time limit, a fine of 2,000 yuan shall be imposed.
Article 28 Where, in violation of provisions of Article 18(2) or 19 (3) of these Measures, the proprietary unit of public toilets fails to set up guide signs or publish related information, the district competent shall order to make correction in a prescribed period and impose a fine of 500 yuan; under the circumstances of failure to make correction within the time limit, a fine of 2,000 yuan shall be imposed.
Article 29 Where, in violation of the provisions of Article 20 of these Measures, the maintenance and management of public toilets fails to meet the specified standards and requirements, the district competent department shall order the proprietary unit to make correction in a prescribed period, and impose a fine of 500 yuan; under the circumstances of failure to make correction within the time limit, a fine of 2,000 yuan shall be imposed.
Article 30 Where a person, in violation of the provisions of Article 23 of these Measures, fails to use public toilets civilizedly, the district competent department shall impose a fine of 100 yuan; if otherwise provided by laws and regulations, those provisions shall prevail.
Article 31 Where any person, in violation of the provisions of Article 24 , Paragraph 1 of these Measures, closes public toilets without authorization, the district competent department shall order the service to be restored and impose a, fine 500 yuan on every closing day; if removing public toilets without authorization, the district competent department shall order to reconstruct in a prescribed period and impose, a fine of 20,000 yuan; under the circumstances of failure to reconstruct the toilets within the time limit, a fine of 50,000 yuan shall be imposed.
Any person who, in violation of the provisions of Article 24, Paragraph 1 of these Measures, destroys public toilets and ancillary facilities, shall compensate for the damages and be fined 2,000 yuan by the district competent department; if suspected of violating the administration of public security, the suspect shall be transferred to the public security organs; if suspected of committing a crime, the suspect shall be transferred to judicial organs.
Chapter V Supplementary Provisions
Article 32 These Measures shall be effective as of September 1th, 2013.