legal ground
Measures of Sichuan Province on Hygiene Management in Public Places
Chapter I General Principles
Article 1 In order to create good sanitary conditions in public places, prevent and control the spread of diseases and the occurrence of mass health hazards, and safeguard public health, these Measures are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Infectious Diseases, the Regulations on Hygiene Management in Public Places and other laws and regulations, combined with the actual situation in Sichuan Province.
Article 2 Public places are divided into Class A places and Class B places.
_ _ _ class places include:
(1) Hotels, inns and guest houses;
(2) Public bathrooms, barber shops and beauty salons;
(three) theaters, video halls (rooms), recreation halls (rooms), dance halls and concert halls;
(4) stadiums (gymnasiums) and swimming pools (gymnasiums);
(5) Exhibition halls, museums, art galleries and libraries;
(6) Shopping malls (shops) and bookstores;
(seven) waiting room, waiting room (plane, ship), public transport.
Class b places include:
(1) Indoor areas outside the waiting rooms of medical institutions, teaching and living places of schools, office buildings, business halls and offices where state organs provide public services;
(2) Internet cafes, kindergartens, youth palaces, etc.
Article 3 These Measures shall apply to the hygiene management of public places within the administrative area of Sichuan Province.
Article 4 The local people's governments at or above the county level shall strengthen their leadership over the health supervision and management in public places and ensure the funds needed for the health supervision and monitoring in public places.
The health administrative department of the local people's government at or above the county level shall be responsible for the health supervision and management of public places within its administrative area.
Education, public security, human resources and social security, construction, transportation, culture, commerce, industry and commerce, sports, food and drug supervision and other departments shall, according to their respective responsibilities, do a good job in public health supervision and management.
Fifth public places and related service industry organizations should strengthen health management and implement health management responsibilities.
Article 6 Class A places shall be licensed for hygiene in accordance with the Regulations on Hygiene Management in Public Places, and Class B places shall be put on record in accordance with these Measures. _ _ _ _ _ Chapter II Health Management
_ _ _ Article 7 Units in public places shall formulate emergency plans to prevent and control the spread of infectious diseases and health hazards, and establish and improve the hygiene inspection in public places and the hygiene and safety management system for articles and appliances.
Units in public places shall be equipped with full-time (part-time) health management personnel, establish and improve the health examination, health knowledge training and assessment system for employees, and establish health management files.
Article 8 Personnel who directly serve customers in Class A and B places engaged in business services shall undergo regular health examinations in accordance with relevant state regulations and obtain health certificates before they can engage in the work of directly serving customers.
Persons suffering from digestive tract infectious diseases (including pathogen carriers) such as dysentery, typhoid fever, viral hepatitis A and viral hepatitis E, active pulmonary tuberculosis, suppurative or exudative skin diseases and other diseases that hinder public health shall not engage in the work of directly serving customers before being cured.
Article 9 Persons in charge of public places and health management personnel shall learn and master health laws, regulations and related knowledge, and accept professional guidance from the health administrative department.
Units engaged in business services in Class A places and Class B places shall organize employees to carry out health knowledge training, and only after passing the training can they take up their posts.
Training requirements and assessment standards shall be formulated by the provincial health administrative department and announced to the public.
Tenth public places should have special cleaning and disinfection places, equipped with corresponding cleaning and disinfection facilities, equipment and cleaning and storage facilities, and classified use.
Public places should be equipped with effective facilities to prevent and control rodents, mosquitoes, flies, cockroaches and other vectors and special facilities to store wastes.
Public places should be equipped with corresponding toilet facilities and equipment, and toilets should be equipped with independent ventilation and exhaust devices.
Units in public places shall ensure the normal operation of various sanitary facilities and equipment, and shall not dismantle them or use them for other purposes without authorization.
Eleventh public * * * places units to provide public * * * supplies, appliances should be hygienic, safe and harmless. Reuse of disposable articles and appliances is prohibited.
Twelfth public places indoor air, indoor microclimate, drinking water, lighting, lighting, noise and other health indicators should comply with the relevant national and provincial health administrative departments of health standards and norms.
Units in Class A places shall regularly detect relevant health indicators in accordance with the relevant provisions of the state, and units in Class B places shall detect health indicators in accordance with the detection frequency specified by the provincial health administrative department.
Article 13 The sanitary indicators of central air conditioning and ventilation systems in public places shall conform to the relevant national sanitary standards or norms.
Article 14 The fresh air outlet of central air conditioning ventilation system in public places shall be set outdoors, away from pollution sources, and equipped with protective nets and primary filters.
The central air-conditioning ventilation system used in public places should have sanitary facilities such as return air, emergency closing of fresh air, openable windows for cleaning and disinfection of air duct system, rat prevention device for return air outlet, air purification and disinfection device, and partition operation control device for air conditioning system.
Fifteenth central air conditioning and ventilation system management units in public places shall regularly check, clean and maintain according to the following requirements, and have a complete record:
(a) Clean the open cooling tower, air handling device, surface cooler, heater (wet), condensation tray, etc. Not less than 1 time per year;
(2) Check or replace the air filter, filter screen and purifier at least once every 6 months 1 time;
(3) Clean the air duct system at least 1 time every two years.
Units that use split air conditioners in public places shall regularly carry out cleaning and disinfection, inspection and maintenance.
Article 16 When the sanitary inspection of central air-conditioning and ventilation system in public places fails, the central air-conditioning and ventilation system in the area involved shall be closed in time, cleaned and disinfected, and can be reused only after passing the inspection.
When airborne diseases break out and become popular locally, public places and units should start emergency plans and clean, disinfect or replace the components of open cooling towers, air handling units and central air conditioning ventilation systems every week.
Seventeenth service institutions engaged in the cleaning and disinfection of central air conditioning and ventilation systems shall meet the following conditions:
(1) Having a fixed office space;
(2) Having instruments and equipment required for cleaning and disinfection services;
(three) the professional composition and skills training of personnel can meet the cleaning and disinfection services;
(4) Having a quality management system;
(five) equipped with corresponding safety protection and personal protective equipment.
Eighteenth public places centralized air conditioning ventilation system cleaning and disinfection service institutions shall carry out cleaning and disinfection work in strict accordance with the relevant provisions of the state.
The cleaning and disinfection service institution of central air conditioning and ventilation system in public places shall issue a test report on the cleaning and disinfection effect to the entrusted cleaning unit.
Nineteenth _ * * * when public health hazards occur in public places, units in public places shall promptly start emergency plans, report according to law, and cooperate with relevant departments to take preventive and control measures to prevent the hazards from expanding.
Chapter III Control of Smoking in Public Places
Twentieth local people's governments at or above the county level shall be responsible for organizing, coordinating and guiding the tobacco control work within their respective administrative areas, and supervising the tobacco control work of various departments and industries.
Twenty-first relevant administrative departments shall be responsible for the supervision and management of smoking control in the following public places in accordance with the principle of who manages and who is responsible. Where laws and regulations provide otherwise, such provisions shall prevail:
(a) education, human resources and social security departments respectively supervise and manage the tobacco control work in the schools under their jurisdiction;
(two) the cultural department is responsible for the supervision and management of tobacco control in cultural and entertainment places;
(3) Traffic administrative law enforcement agencies and agencies undertaking the law enforcement work of airports, railways and urban rail transit shall, according to their respective functions and duties, supervise and manage the tobacco control work of public transport vehicles and related public places;
(four) the food and drug supervision department is responsible for the supervision and management of tobacco control in catering establishments;
(five) the public security department is responsible for the supervision and management of tobacco control in Internet cafes and other Internet service places;
(six) the commercial department is responsible for the supervision and management of tobacco control in public places such as shopping malls and supermarkets;
(seven) the sports department is responsible for the supervision and management of tobacco control in public stadiums;
(eight) the health department is responsible for the supervision and administration of tobacco control in medical and health institutions and other public places as stipulated in these Measures. Guide relevant departments to carry out scientific tobacco control work.
Twenty-second relevant departments, social organizations and public places should carry out publicity and education on smoking hazards and tobacco control.
Radio, television, newspapers, internet and other media should carry out public welfare propaganda that smoking is harmful to health.
Twenty-third smoking is prohibited in the following public places:
(1) Kindergartens, primary and secondary schools and youth palaces;
(2) Indoor areas of schools other than primary and secondary schools;
(3) Maternal and Child Health Hospital and Children's Hospital;
(4) Indoor areas of other medical and health institutions;
(5) Indoor areas such as libraries, theaters, concert halls, exhibition halls, art galleries, museums and gymnasiums;
(six) the office area where the state organs provide public services;
(seven) the indoor areas of shopping malls, bookstores, business halls and other places;
(eight) on buses, taxis, rail vehicles and passenger ferries and other public transport;
(nine) other public places as prescribed by the state.
Other public places other than those mentioned in the preceding paragraph shall be designated as non-smoking areas (rooms) and smoking areas (rooms), and indoor smoking areas shall be provided with ventilation and exhaust facilities.
No one is allowed to smoke in places and areas (rooms) where smoking is prohibited.
Twenty-fourth units in public places where smoking is prohibited shall perform the following duties:
(a) the establishment of smoking management system, do a good job in smoking publicity and education;
(two) set up a no smoking sign and the telephone number of the supervision department in a conspicuous position;
(3) Smoking-related appliances shall not be installed;
(4) Take effective measures to prevent smokers from smoking or persuade them to leave the place. Smoking behavior that does not listen to dissuasion can be obtained through legal channels and reported to the supervision and management department in time.
Chapter IV Health Supervision
Twenty-fifth _ In addition to stadiums and public transport, Class A places shall obtain public health permits issued by the administrative department of health. Health permits in public places are reviewed every two years.
Where a public place unit changes its name, legal representative or person in charge, it shall apply to the health administrative department that originally issued the certificate for change; Where the address of a business project or business premises is changed, it shall re-apply to the health administrative department for a health permit.
The Hygiene Permit for Public Places shall be placed in a prominent position in public places and shall not be altered, resold or transferred.
The unit of Class B premises shall, within 30 days after opening, file its name, address, project, legal representative (or person in charge), contact person and telephone number with the local county-level health administrative department.
Twenty-sixth to apply for a public health permit, the following materials shall be submitted:
(1) An application form for hygiene license;
(two) the legal representative or person in charge of the identification materials;
(3) the certificate of legal use of the business premises;
(4) Schematic diagram, floor plan, layout plan of sanitary facilities and sanitary examination and approval of the address and orientation of public places;
(five) health management system and related information;
(six) health indicators in public places detection or evaluation report.
Twenty-seventh health administrative departments shall, within 20 working days from the date of accepting the application for health license, conduct on-site inspection of health conditions, and review and deal with them in accordance with the statutory authority, scope, conditions and procedures.
Twenty-eighth health administrative departments shall regularly organize the monitoring, analysis and evaluation of health hazard factors and degree of danger in public places.
The administrative department of health shall, in accordance with the provisions of the state, implement quantitative and hierarchical management of health supervision in Class A places, and determine the frequency of supervision according to the quantitative results.
The place unit that implements the quantitative classification management of health supervision shall disclose the quantitative evaluation results in a prominent position in the place.
Twenty-ninth health administrative departments shall promptly announce to the public information such as health permit, health supervision and quantitative classification management in public places.
Thirtieth health administrative law enforcement personnel shall conduct health supervision and inspection in public places according to law, and no unit or individual may refuse or conceal it.
Article 31 After receiving the report of infectious diseases and public health hazards in public places, the administrative department of health shall promptly report to the people's government at the same level and the administrative department of health at the next higher level, and shall not make false reports, delay reports or conceal them.
The administrative department of health shall promptly start the emergency plan, and dispose of public places where infectious diseases and events endangering public health occur or public facilities or articles that may lead to the outbreak and epidemic of infectious diseases and endanger public health due to unqualified detection of relevant indicators.
Thirty-second health technical service institutions shall, in accordance with the relevant provisions of the state, carry out health examination, testing, hygiene evaluation and other work, and shall not issue false reports.
Thirty-third acts in violation of these measures, any unit or individual has the right to report and accuse.
After receiving the report, the health administrative department shall investigate and deal with it according to law; If it is not within the scope of responsibilities of this department, it shall be transferred to the relevant departments in a timely manner.
Chapter V Legal Liability
Thirty-fourth in violation of the provisions of the second paragraph of Article 7, Article 8 and Article 9 of these measures, any of the following acts shall be ordered by the health administrative department at or above the county level to make corrections within a time limit, given a warning, and may be fined 1000 yuan; Overdue correction, punishable by a fine of 2000 yuan:
(a) not equipped with full-time (part-time) health management personnel;
(two) the health management system and files of employees have not been established;
(3) Employees who engage in direct customer service work without obtaining health certificates;
(four) employees without health knowledge training qualified posts.
Thirty-fifth in violation of the provisions of article tenth, article eleventh and article twelfth of these measures, one of the following acts, the health administrative department at or above the county level shall order it to make corrections within a time limit, give a warning and impose a fine of 2000 yuan; If no correction is made within the time limit, a fine of 654.38+0,000 yuan shall be imposed:
(1) The sanitary facilities and equipment in Class B places do not meet the requirements of sanitary standards or specifications;
(two) health facilities and equipment can not operate normally;
(three) unauthorized removal of health facilities and equipment or used for other purposes;
(4) Reusing disposable public articles, utensils or articles that do not meet the hygiene standards;
(five) health indicators do not meet the prescribed standards or norms.
Thirty-sixth in violation of the provisions of Article 13, Article 14, Article 15, Article 16, Article 18 of these measures, one of the following acts, the health administrative department at or above the county level shall order it to make corrections within a time limit, give a warning and impose a fine of 2000 yuan; Overdue correction, a fine of 20 thousand yuan:
(a) the sanitary index of the central air conditioning and ventilation system does not meet the national sanitary standards or norms;
(two) the central air conditioning and ventilation system is not equipped with sanitary facilities in accordance with the regulations;
(3) Failing to regularly check, clean and maintain the central air-conditioning ventilation system as required.
Article 37 Except for stadiums and public transportation, if a Class A place violates the provisions of Article 25 of these measures and commits one of the following acts, the health administrative department at or above the county level shall order it to make corrections within a time limit, give it a warning and may impose a fine of 6,543,800 yuan; Overdue correction, punishable by a fine of 20 thousand yuan:
(a) engaged in business activities without obtaining a public health permit;
(two) alter, resell or transfer the hygiene license in public places.
Thirty-eighth public places in violation of the provisions of Article 23 and Article 24 of these measures, one of the following acts, by the provisions of Article 21 of these measures, by the relevant departments shall be ordered to make corrections within a time limit, given a warning, and may impose a fine of 6.5438+0 million yuan; Overdue correction, punishable by a fine of 20 thousand yuan:
(1) failing to set up smoking areas (rooms) in public places other than those specified in the first paragraph of Article 23 of these Measures;
(2) Failing to set up no-smoking signs in no-smoking places or setting up smoking equipment in violation of regulations.
Individuals who smoke in no-smoking places shall be ordered to make corrections by the relevant departments stipulated in Article 21 of these Measures, and shall be fined from 50 yuan to 200 yuan.
Thirty-ninth citizens, legal persons and other organizations who refuse to accept the decision on administrative punishment may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VI Supplementary Provisions
Fortieth the meaning of the following terms in these Measures:
Health technical service institutions refer to health technical institutions that conduct inspection, detection, evaluation and technical evaluation of indoor air, drinking water, swimming pool water, lighting, lighting, noise, central air conditioning and ventilation systems in public places.
Central air conditioning ventilation system: refers to the sum of all equipment, pipes, accessories, instruments and meters that carry out centralized treatment, transportation and distribution of air in order to make the air temperature, humidity, cleanliness and airflow speed in indoor or enclosed space meet the set requirements.
Public bathhouses: refer to bathhouses (including those set up by guilds, clubs and clubs), sauna centers (including hotels, restaurants, hotels, recreation centers' sauna departments and water bar spas), bathrooms (including bathhouses and bath centers), hot springs and foot baths. , excluding baby bath.
Barber shop: refers to the place where customers can be provided with services such as hair design, hair trimming and styling, hair quality maintenance, dyeing and so on by using technology, equipment and equipment, including waiting, shampoo, haircut, hair dyeing and other areas and special rooms. Excluding the mobile barber shop.
Beauty shop: refers to a place that provides customers with non-invasive skin cleaning, nursing, maintenance and modification services by using technologies, equipment and products such as makeup, beauty and skin care, including waiting, washing, beauty and fitness areas and special rooms.
Shopping malls (stores) and bookstores: refer to all kinds of department stores, supermarkets, comprehensive or professional shopping malls (stores) and bookstores with a business area of more than 200 square meters. Not including the farmers' market.
Gymnasium: refers to all kinds of sports venues and fitness places with an area of more than 200 square meters.
Swimming venues: refers to indoor and outdoor waters and their facilities and equipment that can meet people's swimming, fitness, training, competition, entertainment and other activities. Including artificial swimming places, natural swimming pools and water entertainment facilities.
Business hall: refers to trading and service places with an area of more than 200 square meters, including securities trading places, banking service places and communication service places.
Public health hazard: refers to the group health damage accident that occurs in public places because the air quality and water quality do not meet the hygiene standards and the articles, appliances or facilities are polluted.
Article 41 These Measures shall come into force on May 20 1 year 1 day.