湖北省司法厅

Decree of the People’s Government of Hubei Province

No. 400

Administrative Measures of Hubei Province for the Construction of Barrier-Free Environment, as deliberated and adopted at the Executive Meeting of the Provincial People’s Government on December 3, 2018, is hereby promulgated and shall come into force as of February 1, 2019.

Provincial governor: Wang Xiaodong

December 28, 2018

Administrative Measures of Hubei Province for the Construction of Barrier-Free Environment 

Chapter I General Provisions

Article 1 In order to create a barrier-free environment and ensure that all members of society, whether they are handicapped or not, can equally participate in social life, Administrative Measures of Hubei Province for the Construction of Barrier-Free Environment (hereinafter referred to as “the Measures”) are hereby formulated in accordance with Law of the People's Republic of China on the Protection of Disabled Persons, Regulations for the Construction of Barrier-free Environment, and other relevant laws and regulations based on the realities of Hubei Province.

Article 2 The Measures shall be applicable to the construction and management of barrier-free environment within the administrative area of Hubei Province.

The construction of barrier-free environment as mentioned herein refers to the construction activities that will benefit the handicapped, the elderly, minors, pregnant women, the injured persons, patients, and other members of society (hereinafter collectively referred to as persons with limited mobility) in such a way that they can independently and safely use roads, enter and exit relevant buildings, use public means of transportation, exchange information, obtain community services, and enjoy other public services.

Article 3 The construction of barrier-free environment shall follow the principles of being pragmatic and feasible and providing wide-ranging benefits, keep pace with the level of economic and social development of Hubei province, be aligned with the basic needs of society, and meet the actual needs of persons with limited mobility.

Article 4 People’s governments at or above the county level shall strengthen their leadership over the construction and management of barrier-free environment, organize and prepare development planning for the construction of barrier-free environment, and incorporate the plans into national economic and social development planning as well as urban and rural planning.

For drafting development planning for the construction of barrier-free environment, the opinions of social organizations such as organizations for the disabled, organizations for the elderly and organizations for the protection of the rights and interests of women and children shall be sought.

Article 5 The Working Committee for the Disabled of people’s governments at or above the county level shall be responsible for organizing and coordinating the relevant departments to effectively manage the construction and management of barrier-free environment within their respective administrative areas.

The departments of housing and urban-rural development of the people’s governments at or above the county level shall be responsible for the supervision and administration of the construction of barrier-free facilities within their respective administrative areas.

The development and reform, economy and information technology, education, public security, civil affairs, finance, natural resources, transportation, and health departments of people’s governments at or above the county level shall effectively carry out the construction and management of barrier-free environment in accordance with their respective duties,

Township governments (sub-district offices) shall cooperate with relevant departments to effectively carry out the construction and management of barrier-free environment. Village (neighborhood) committees shall assist township governments (sub-district offices) in effectively constructing and managing barrier-free environment in villages (communities).

Article 6 People’s governments at or above the county level and their relevant departments shall promote the concept of building barrier-free environment and raise public awareness of constructing and protecting barrier-free environment.

Citizens, legal persons, and other organizations shall be encouraged to provide donations and volunteer services for the construction and management of barrier-free environment.

Article 7 Entities and individuals with notable achievements in the construction and management of barrier-free environment shall be commended and rewarded by people’s governments at or above the county level in accordance with the relevant regulations of China and Hubei province.

Chapter II Construction of Barrier-Free Facilities

Article 8 Barrier-free facilities shall be constructed for construction projects of new, rebuilt or expanded roads, public transport facilities, public buildings, residential buildings and residential communities in cities and towns in accordance with the construction engineering standards for barrier-free facilities. They shall also be designed, constructed, inspected, and put into use simultaneously with the main construction works, and shall be linked to the surrounding barrier-free facilities.

The construction and development of townships and villages shall progressively satisfy the standards for the construction of barrier-free facilities.

Article 9 Survey and design organizations shall carry out survey and design in accordance with the standards for the construction of barrier- free facilities and be liable for project quality survey and design in accordance with the law.

Construction drawing review agencies shall review the construction drawing design documents in accordance with laws, regulations and the standards for construction of barrier-free facilities, and bear the responsibility for reviewing the construction drawing design documents in accordance with the law.

Construction contractors shall carry out construction of barrier-free facilities in accordance with the approved construction drawing design documents and construction standards, and shall be liable for construction quality in accordance with the law.

Project supervision organizations shall supervise construction projects in accordance with the approved construction drawing design documents, and shall be responsible for project quality supervision in accordance with the law.

Article 10 For completed construction projects that fail to satisfy the construction standards for barrier-free facilities, people’s governments at or above the county level shall develop renovation plans and turn completed facilities into barrier-free ones through renovation.

The owner or manager of barrier-free facilities shall be responsible for their renovation. Where the ownership and management right of a construction project are separated, the owner and the manager may reach an agreement on renovation responsibilities and the agreed responsible person shall be responsible for the renovation.

Article 11 People’s governments at or above the county level shall give priority to the renovation of barrier-free facilities in the following public service institutions or public places:

(1) Special schools, kindergartens, schools for the aged, and regular schools that admit disabled students and provide integrated education;

(2) Social welfare institutions that provide nursing, rehabilitation, care, and other services for the elderly, the handicapped, orphans and abandoned babies;

(3) Public service places of state organs;

(4) Places of public services such as culture, education, sports, health and medicine;

(5) Urban main roads , airports, railway stations, passenger stations, passenger docks, and other places of public transport ;

(6) Places of public services such as finance, postal service, telecommunications, commerce and tourism;

(7) Places of public services in towns, townships, streets, and communities (villages).

Where barrier-free facilities are not completed or cannot meet the actual needs of people with limited mobility, the public service institutions and public places listed in the preceding paragraph shall provide reasonable accommodation in accordance with the law.

Article 12 Barrier-free facilities shall be equipped with for footbridges and pedestrian underpasses of main roads, business districts, and large residential areas in cities in accordance with the standards for construction of barrier-free facilities.

The installation and upgrading of sidewalk traffic signal facilities shall conform to the standards for construction of barrier-free facilities, and the barrier-free service functions of these facilities shall be improved to meet the needs of persons with limited mobility.

　Article 13 Civil aircrafts, passenger trains, passenger ships, buses, urban rail transits, public elevators and other public transport means shall gradually meet the requirements of barrier-free facilities in accordance with the relevant regulations of China and Hubei province.

Bus and rail transit operators in cities shall provide a considerable amount of barrier-free assistive devices for passengers to use.

Article 14 Barrier-free parking spaces shall, in accordance with the standards for the construction of barrier-free facilities, be arranged and marked in parking lots in large residential areas and public parking lots in hospitals of Grade II and above, hotels of Grade III and above, tourist attractions of Grade AAA and above, large shopping malls, sports centers, and other large and medium-sized public places.

Chapter III Management of Barrier-free Facilities

Article 15 In public places where barrier-free facilities or accessible services are available, the relevant owner or manager shall set up accessibility signs conforming to national and local standards in prominent places.

Accessibility signs shall be incorporated into the system of guidance signs in the urban environment and buildings. The signs shall be standard, legible, and conspicuous, indicating the direction and location of barrier-free facilities.

Article 16 Owners and managers of barrier-free facilities shall protect barrier-free facilities and timely repair damaged or malfunctioning facilities, so as to ensure the normal functioning of barrier-free facilities. Where the owner and the manager agree on the responsibilities for the maintenance and repair of barrier-free facilities, they shall bear corresponding responsibilities in accordance with their agreement.

Article 17 No organization or individual may damage or occupy barrier-free facilities or change their use without authorization.

Where urban construction or major social welfare activities require temporary occupation of barrier-free facilities, necessary formalities shall be handled in accordance with relevant rules. Moreover, guardrails, warning signs or signal facilities shall be set up, and necessary alternative measures shall be taken. Upon the expiration of the temporary occupation period, the barrier-free facilities shall be restored to their original state in a timely manner.

Article 18 Any organization or individual may lodge a complaint or report to the public security, housing and urban-rural development, and transportation departments against any act of intentionally damaging or illegally occupying barrier-free facilities or changing the use of barrier-free facilities. After receiving such a complaint or report, the relevant department shall promptly deal with it or refer it to the department with the authority to handle it in accordance with the law.

Social organizations, such as organizations for the disabled, organizations for the elderly, and organizations for the protection of the rights and interests of women and children, may employ voluntary supervisors to supervise the construction and management of barrier-free environment.

Article 19 Organizations for the disabled, organizations for the elderly, and organizations for the protection of the rights and interests of women and children, along with persons with limited mobility, may submit opinions and suggestions on the construction and management of barrier-free environment to relevant departments; these departments shall handle the opinions and suggestions and reply in a timely manner.

Organizations for the disabled, organizations for the elderly, and organizations for the protection of the rights and interests of women and children may jointly organize the survey and evaluation of the construction and management of barrier-free environment, and relevant organizations and individuals shall cooperate with them.

Chapter IV Barrier-free Information Exchange

Article 20 People’s governments at or above the county level shall incorporate barrier-free information exchange into informatization construction planning; guide and encourage relevant departments, scientific research institutions, enterprises or individuals to carry out research and development and application of products for barrier-free information exchange; and facilitate access to public information for the disabled and the elderly.

Article 21 When people’s governments at or above the county level and their relevant departments publish important government information such as national economic and social development plans, annual work reports, and information related to the disabled and the elderly, they shall create conditions for the provision of voice and text prompts and other information exchange services.

Article 22 Where any visually impaired person participates in any entrance examination, vocational qualification examination or employment test held by China or Hubei province, the examination organizer shall provide Braille question papers or digital question papers, or its workers shall provide reasonable assistance.

Article 23 Television stations established by governments at or above the level of a city divided into districts shall create conditions for airing television programmes with subtitles and broadcast news with sign language at least once a week.

Article 24 Public libraries established by governments at or above the level of a city divided into districts shall open reading rooms for visually impaired persons and provide reading materials in Braille and audio books, so as to make reading easier for visually impaired persons.

Public libraries established by governments at the county level shall open reading rooms for visually impaired persons. Public libraries (reading rooms) established by township governments, sub-district offices, and village (neighborhood) committees shall provide the reading materials and documents that are easy to read by visually impaired persons.

Article 25 The websites of organizations for the disabled shall meet the design standards for barrier-free websites and provide reasonable accommodation for the disabled to use the Internet.

The websites of people’s governments at or above the level of a city divided into districts and the websites of government public welfare activities shall meet the design standards for barrier-free websites progressively.

The websites of government at the county level shall take barrier-free technical measures gradually to facilitate the access to Internet information for the disabled.

Article 26 Institutions and places of public services such as culture, sports, health, medicine, finance, postal services, telecommunications, commerce, and tourism shall create conditions for the provision of barrier-free information exchange services such as voice or text prompts, sign language or Braille.

Chapter V Barrier-free Community Services

Article 27 Barrier-free service functions of public service facilities in communities shall be improved gradually, so as to make it easier for persons with limited mobility to participate in community life.

Article 28 People’s governments at or above the county level shall improve their emergency call systems progressively for call for help, fire alarm, medical first aid, and traffic accident, so as to make it easier for the disabled to receive police report, give an alarm, and call for help.

Article 29 The renovation of family-based barrier-free facilities shall be promoted and supported, so as to create a barrier-free living environment for the disabled. People’s governments at or above the county level may give appropriate subsidies to poor families for whom barrier-free facilities are in need of renovation or help renovate barrier-free facilities.

To turn passages, toilets, staircases, elevators and other facilities of families having disabled or elderly members into barrier-free facilities through renovation, the village (neighborhood) committees, owners committee in residential areas, and property management services providers should provide necessary support therefor. 

Article 30 In any election by state organs, people's organizations, village (neighborhood) committees, and owners committees in residential areas, the election organizer shall provide convenience for persons with limited mobility to participate in the election and provide Braille ballots or other reasonable convenience for visually impaired persons.

Article 31 Barrier-free functions and services shall be improved in urban emergency shelters. Emergency shelter plans for the disabled, the elderly and other members of society shall be formulated and implemented. The relevant staff shall be given relevant training for knowledge and skills about barrier-free services.

Chapter VI Legal Liability

Article 32 In any of the following cases with regard to the construction, renovation and expansion of roads, and the construction of public transport facilities, public buildings, residential buildings and residential areas in cities and towns, the departments of housing and urban-rural development shall order for corrections and impose penalties in accordance with the law:

(1)Survey and design organizations fail to lawfully carry out the survey and design of construction projects in accordance with the standards for construction of barrier-free facilities;

(2)Construction drawing review agencies fail to review the construction drawing design documents in accordance with laws, regulations and the standards for construction of barrier-free facilities;

(3)Construction contractors fail to carry out construction of barrier-free facilities in accordance with the approved construction drawing design documents and construction standards;

(4)Supervision organizations fail to supervise projects in accordance with the approved construction drawing design documents;

(5)Project supervision organizations fail to supervise construction projects in accordance with the approved construction drawing design documents.

Article 33 If barrier-free parking spaces are not arranged and marked in public parking lots in large and medium-sized public places and parking lots in large residential areas in accordance with the standards for the construction of barrier-free facilities, competent authorities shall order relevant organizations to make corrections and may impose a fine of no more than 5,000 Yuan.

If a motor vehicle illegally occupies a barrier-free parking space and thus obstructs persons with physical disabilities from using the parking space, the public security organ shall order for corrections and may impose a fine of more than 20 Yuan and less than 200 Yuan.

Article 34 Whoever intentionally damages or illegally occupies barrier-free facilities or changes the use of barrier-free facilities without authorization shall be punished by competent authorities in accordance with the law; if such act constitutes a criminal offence, the person in question shall be held criminally liable in accordance with the law.

Whoever damages or occupies barrier-free facilities or changes the use thereof, making the facilities' normal use impossible or causing any life or property damage to the facility user  shall be liable for compensation.

Article 35 The staff in the departments in charge of barrier-free environment construction shall be punished in accordance with the law if they abuse their powers, neglect their duties, or engage in malpractice for personal gains; if the act constitutes a crime, criminal liability shall be investigated in accordance with the law.

Chapter VII Supplementary Provisions

Article 36 The Measures shall come into force as of February 1, 2019. The Regulations on the Construction and Management of Barrier-free Facilities in Hubei Province promulgated by the Hubei Provincial People's Government on May 26^th of 2008 shall be invalidated at the same time.