Regulation on Energy Conservation in Civil Buildings

Regulation on Energy Conservation in Civil Buildings Order of the State Council of the People's Republic of China (No.530) The Regulation on Energy Conservation in Civil Buildings, having been adopted at the 18th executive meeting of the State Council on July 23, 2008, is hereby promulgated, and is effective starting October 1, 2008. Premier: Wen Jiabao August 1, 2008 Regulation on Energy Conservation in Civil Buildings Chapter I General Provisions Article 1 In order to strengthen civil building energy conservation management, reduce energy consumption in the use of civil buildings, and raise energy efficiency, this Regulation is hereby established. Article 2 For the purpose of this Regulation, the term "civil building energy conservation" refers to reducing energy consumption in use of civil buildings, with the precondition of ensuring civil building operating functions and the quality of the indoor thermal environment. In this Regulation, the term "civil building" refers to residential buildings, office buildings for State agencies, and buildings for commerce, services, education, and public health, as well as other such public buildings. Article 3 People's governments at all levels shall strengthen leadership over the work of civil building energy conservation, and actively nurture service markets for civil building energy conservation, construct and improve a service system for civil building energy conservation, promote development and application of technology for civil building energy conservation, and make substantial efforts in the work of publicizing and educating on civil building energy conservation. Article 4 The State encourages and supports, in new construction and the retrofit of existing buildings, the use of solar energy, geothermal energy and other renewable energy sources. For regions that possess conditions for solar energy utilization, relevant local people's governments and their departments shall adopt effective measures to encourage and assist entities and individuals to install solar hot water systems, lighting systems, heating supply systems, heating and cooling systems, and other solar energy utilization systems. Article 5 The department of construction under the State Council is responsible for nationwide supervision and management work regarding civil building energy conservation. Departments of construction of local people's governments at and above the county level are responsible for the supervision and management of civil building energy conservation within their administration regions. Relevant departments of the people's governments at and above the county level shall, in accordance with the provisions of this Regulation and local government rules on their division of official duties, be responsible for civil building energy conservation related work. Article 6 The department of construction under the State Council shall, under the guidance of the State's medium- and long-term energy conservation plan, draw up nationwide civil building energy conservation plans, and align them with related planning. Departments of construction of local people's governments at and above the county level shall organize the preparation of civil building energy plans for their administrative regions and, after reporting them to the people's government at the same level for approval, implement such plans. Article 7 The State establishes a sound standards system for civil building energy conservation. The department of construction under the State Council is responsible for the organization and formulation of national civil building energy conservation standards, and such standards shall be issued in accordance with legal procedures. The State encourages the establishment and adoption of local civil building energy conservation standards that exceed national building energy conservation standards. Article 8 People's governments at and above the county level shall plan funding for civil building energy conservation, which is to be used to support science and technology research and standards setting for civil building energy conservation, energy retrofits of existing building envelopes and heating systems, the use of renewable energy, as well as for civil building energy conservation demonstration projects and the expansion of energy conservation programs. People's governments shall direct financial institutions in their providing support for programs such as energy retrofits of existing buildings, use of renewable energy, as well as for civil building energy conservation demonstration projects. Building energy conservation projects shall, by law, enjoy preferential taxation. Article 9 The State shall actively promote reform of the heating system, improve the mechanism for heating prices, encourage the development of central heating, and progressively implement a system of fee collection based on the amount of heat used. Article 10 Entities and individuals that make notable achievements in civil building energy conservation work are, in accordance with relevant State regulations, offered commendations and awards. Chapter II Energy Conservation in New Buildings Article 11 The State promotes, for use in civil building energy conservation, new technologies, industrial processes, materials and equipment, and restricts or prohibits the use of high energy consumption technologies, industrial processes, materials and equipment. The department in charge of energy conservation and the department of construction under the State Council shall formulate, publicly issue and timely update a catalog on promoted uses, restricted uses, and prohibited uses. The State restricts or prohibits the importation of high energy consuming technologies, materials and equipment. Developers, designers, and contractors shall not, during construction activities, use technologies, industrial processes, materials or equipment listed in the catalog on prohibited uses. Article 12 The development of detailed urban and town plans shall determine building layout, shape and orientation in accordance with civil building energy conservation requirements. Departments in charge of urban and rural planning shall, according to law, conduct planning review of civil buildings, and shall, in determining whether design proposals comply with mandatory standards for civil building energy conservation, seek the opinion of same-level department of construction. The department of construction shall issue its opinion within ten days upon receiving the request for seeking opinions. The period during which opinion is sought is not counted within time limits permitted by planning. Where design proposals are not in compliance with mandatory standards for civil building energy conservation, construction project planning permits shall not be issued. Article 13 Institutions examining construction design documents shall, in accordance with mandatory standards for civil building energy conservation, conduct examination of construction design documents; where, after examination, construction design documents are not in compliance with mandatory civil building energy conservation standards, departments of construction of people's governments at and above the country level shall not issue construction permits. Article 14 Developers shall not explicitly or implicitly instruct designers or contractors to violate mandatory standards for civil building energy conservation in carrying out design and construction, and shall not explicitly or implicitly instruct contractors to use wall materials, insulation materials, windows and doors, heating and cooling systems, and lighting equipment not complying with construction design document requirements. Where, in accordance with contract agreements, developers are to purchase wall materials, insulation materials, windows and doors, heating and cooling systems, and lighting equipment, developers shall ensure that these comply with construction design document requirements. Article 15 Designers, contractors and project supervisors......