Domestic outdoor lighting pollution legislation blank to be filled

The problems caused by light pollution have become increasingly serious. However, all possible related government departments have claimed that they are not within the scope of their ownership. The reporter finally found the most likely related Shenzhen City People's Committee, issued a written interview outline and repeatedly urged, obtained The reply is: “The 10 business departments are unable to reply to the issue of light pollution. At present, there are no relevant laws and regulations on light pollution, nor a clear authority and responsibility department, so we do not belong to us. It is recommended that we go to the Urban Management Bureau or build. Administration."

There is no solution yet. As far as light pollution is concerned, we can only initiate discussions and suggestions from relevant professionals and see if there is any experience in other cities or countries.

Light pollution in Hong Kong has no legislation

Hong Kong, which is close to Shenzhen, has a higher density of cities, more integration between commerce and residence, and a higher degree of internationalization of its own cities. The problem of light pollution such as glass curtain walls, LED, and neon is even worse than in Shenzhen. Light pollution in Hong Kong is governed by various departments including the Environmental Protection Department, the Housing Department, the Fire Services Department, the Marine Department, the Police Force, the Civil Aviation Department and the Food and Environmental Hygiene Department. Among them, only the EPD released data showing that during the four years from 2005 to 2008, 190 complaints about lighting problems were received and there has been an upward trend year by year.

Even if the problem of light pollution is serious, Hong Kong has not yet legislated it. Once a lawsuit is created, it is generally filed as an “infringement”.

Opening the official website of the Hong Kong Environmental Protection Agency, its special laws have covered many areas such as air pollution, waste disposal, water pollution, noise control, ozone layer, dumping of materials at sea, toxic chemicals, etc. Even the shutdown of parking lots has been quite specific. Terms, but light pollution is not among them. The reporter from Nandu interviewed the senior partner of Dacheng Law Firm and Shi Ruolong, executive director of Hong Kong. He also stated that light pollution is also an emerging issue in Hong Kong. Although the Legislative Council has discussed it, many bills are currently queuing up to receive information from him. Judging from the current situation, there is no special legislation on light pollution in Hong Kong.

How do Hong Kong citizens deal with the inconvenience caused by light pollution to their lives? The reporter learned that for the light pollution disputes that occur in the private sector, it is generally not the case that the public does not sue officials. "For example, some traditions will burn incense outside the door on the first day and the fifteenth, smoke will linger, and the neighbors will certainly suffer some influence, but if the neighbors do not sue, the government will not interfere, but if the neighbors think they If the rights are infringed, they can lodge a complaint with the management office. According to the previous agreement on the signing of the DMCs in public space, they can also initiate lawsuits.” Shi Ruolong said that this metaphor may not be appropriate, but the attitude of Hong Kong law to both is basically the same. Is similar. For the light pollution caused by municipal facilities, the government will still actively improve, such as the use of installed light-cutting fixtures or shading panels.

Japan: Advertising Lighting Cannot Use Lasers

Hong Kong has also prepared to learn from laws and regulations concerning light pollution in other cities. In the document published by the Legislative Council of Hong Kong, a document numbered IN 08/08-09 summarizes the light pollution in Japan, the United Kingdom and California. Legislative situation.

In terms of mandatory enforcement, the United Kingdom and the United States have mandatory regulations. Before lighting devices or buildings are built, they need to obtain government approval. The various regulations issued by Japan basically fall within the guidelines and do not require government approval. There is no follow-up enforcement.

In terms of management methods, Japan and California have classified the lighting area for the lighting area. Among them, California has included the wildlife protection area as the first-class lighting area, requiring the use of lighting facilities with the lowest energy consumption, and Japan Natural parks and residential communities, which are inherently dark, should be positioned as primary lighting areas, with the most stringent controls and requiring the lowest brightness of the lighting devices. However, the restrictions adopted by the two are different. Japan uses the brightness to correspond to different levels of areas, while the United States responds to energy consumption.

In terms of details, Japan requires that searchlights or laser beams cannot be used for advertising lighting. When the UK requires the use of floodlights, it should ensure that local facilities are not affected by excessive light. California, in the United States, will set the lamp power limit of lighting facilities to 175W. Use a "shade" design to let light hit the ground.

Hong Kong: Part of the wall-mounted street light was installed in 2008

On January 7, 2009, Member Ye Guoqian asked about light pollution. He said that some environmental protection organizations have found that some of the wall-mounted streetlights installed on the external walls of buildings are seriously affected by the residents' windows due to their closeness to the windows of residents. In the question, Ye Guoqian also mentioned that the problem of the secretion of melatonin in the human body is caused by too much light.

The Secretary for Transport and Housing stated that since 1980, the Highways Department has avoided installing streetlights on the external walls of buildings to reduce the impact on residents. If they are located close to residents' windows, they will use "cut-off" lamps where circumstances permit. Improve lighting and energy-saving effects, and avoid light source scattering caused by leakage of light bulbs, reducing nuisance to residents. The Highways Department will also install shade plates depending on the location and actual needs to prevent light sources from scattering to the external walls of buildings. The reply also stated that in response to public appeals, the HyD completed a preliminary inspection of all wall-mounted street lights outside residential buildings in Hong Kong in December 2008. Apart from installing light-cut luminaires or shading plates, the HyD also adjusted the street lights on the external walls. Position, or change the wall light to a column light.

Another member, Li Yongda, continued to ask questions about the light pollution problem of large-scale billboards. The Secretary for the Environment has responded that the EMSD had discussed the issue with the Chamber of Commerce and encouraged them to reduce the luminosity of the billboard as far as possible so as not to affect residents. Member Liu Xiucheng proposed to treat the business district and the residential district separately. However, the Secretary for the Environment Bureau responded that "Hong Kong's residential areas and business districts are often separated by only one street." The difference will be more difficult. However, it is suggested that some forms of supervision can be formulated based on energy waste as the main line.

(source of the above case, record of the Hong Kong Legislative Council meeting on January 7, 2009)

ASTRI: Proposed Control Standards for Glass Curtain Walls, City Lighting, etc.

The problem of light pollution caused by urban construction and urban commercial activities is one of the problems in the deterioration of many physical environments such as urban noise and urban heat islands currently facing the city. These problems are a feature of the traditional urban development model. On certain levels, they are even a symbol of urban prosperity. However, with the development of human society, attention to the living environment and people's livelihood, urban pollution such as light pollution, noise and heat islands have become important factors affecting livable quality.

Therefore, for light pollution, we should treat it dialectically. On the basis of a systematic study of light pollution on people's psychological and physiological tolerance and possible adverse consequences, it is recommended that light pollution sources such as glass curtain walls and urban lighting be introduced with design and operation management control standards. For example, we put forward the concept of “soft city” in the construction of eco-city, that is, we must plan the layout of the business district in the urban planning to minimize the interference of the business district to the residential area. For example, buildings and residential buildings along the street have certain space forgiveness or physical and plant shelters. In the design of building facades, it is necessary not only to consider the sunshine analysis, but also to analyze the facade reflection, and to reduce the generation of light pollution by controlling the ratio of window to wall and external sunshade. For road lighting and architectural facade lighting, anti-glare luminaires should be mandatory to reduce the emission of light. Commercial advertisements such as LEDs and neon lights should learn from foreign experience and establish specifications such as strict specifications, brightness, setting areas, and opening times, and reduce the impact on urban residential buildings.

(Shenzhen Institute of Building Research)

Architect: Although the glass curtain wall is beautiful, it will inevitably cause light pollution.

Li Jiguang Shenzhen Architectural Design Group's architects The emergence of more and more glass curtain walls is the result of learning from the United States, Singapore and other developed countries and regions. We can see that the design of the glass curtain wall has been widely used in commercial and commercial areas like Manhattan in New York and Central in Hong Kong, symbolizing the modernization and development of the city. This type of design has been gradually adopted by high-end office building designers in front-line Chinese cities such as Guangzhou Guangshen.

The glass curtain wall has practical advantages with its irreplaceable advantages. First, the glass material can bring about a beautiful and modern appearance. The glass can reflect light and generate light ray imaging, especially when the outer light of the night hits the glass outer wall. The reflection will be extremely beautiful; Second, it is easier to clean than the traditional exterior wall glass exterior; Third, the glass exterior wall can make the indoor lighting better; Fourth, the solar energy device can be added to the glass curtain wall to convert sunlight to energy. Energy used.

However, glass curtain walls inevitably produce light pollution. For example, reflection of strong light through the glass wall can cause irritation to human eyes. In fact, before the era of the glass curtain wall, paint-based, stone-like facades produced light pollution, but the effects of glass curtain walls were even more pronounced.

Light-pollution-related "rubbing edge" legal provisions of science popularization

The General Principles of Civil Law: Article 83 stipulates: Adjoining parties of real estate shall properly handle the adjacent relations of water cutoff, drainage, ventilation, lighting, etc. in accordance with the spirit of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness. If the neighbor causes obstruction or loss, it shall stop the infringement, remove the obstruction, and compensate for the loss.

Environmental Protection Law: Article 24 stipulates that units that generate environmental pollution and other public hazards must prevent and control the pollution of the environment caused by waste gas, waste water, waste residue, dust, malodorous gases, radioactive substances, and noise and electromagnetic waves generated during production or other activities. And hazards.

Property Law: Article 134 stipulates that landowners or users, in other people’s land, buildings or other work items, have gas, steam, heat, odor, smoke, dust, blemishes, radio waves, light, vibration, and When other types of intruders invade, they have the right to be banned.

It is still a legal blank

Regulations, norms, and guidelines have been formulated to limit light pollution. Foreign countries have emerged as early as the 1970s, and China has always been a blank spot for "light pollution" environmental legislation.

Although China currently has a comprehensive environmental protection law, the “Environmental Protection Law,” it does not address light pollution regulations. In this context, laws and regulations for the settlement of disputes, such as the Administrative Procedure Law and the Civil Procedure Law, did not involve the investigation of the administrative and civil liabilities of light polluters. Although regulations of some provinces and cities expressly stipulate light pollution, they only emphasize prevention and control, and do not involve measures for prevention and treatment.

lawyer:

The blank of light pollution legislation can not provide the ideal relief measures for the affected

Tang Haiyang Attorneys at Beijing Dongyuan (Shenzhen) Law Firm currently do not have specific legislation on light pollution in China. Tang Yang, a lawyer from Beijing Dongyuan (Shenzhen) Law Firm, said that China’s basic environmental protection law “Environment Protection Law” does not include light pollution as a pollution hazard, and the environmental protection legal system is targeted at water pollution. Air pollution, solid waste pollution, environmental noise pollution, and other related one-way laws, but there is no systematic legislation on light pollution, an emerging form of environmental pollution in recent years.

He said that the latest law relating to light pollution is the Property Law. Article 90 of the law provides that “the right holder of real estate shall not abandon solid waste in violation of state regulations, and emit harmful substances such as air pollutants, water pollutants, noise, light, and electromagnetic radiation. "This article confirms that light can be used as a source of environmental pollution."

Tang Haiyang believes that because of the lagging nature of the law, the blank of legislation is still not able to provide ideal relief measures to people affected by light pollution, nor can it safeguard public welfare, and it cannot effectively protect the environment. However, according to legal practice, light pollution and people The relevance of the vital interests of life is summarized in three categories of light pollution.

The first is light pollution that invades people's lives and work space. Whether it is self-luminous or reflected light, which has caused adverse effects, it can still be resolved through lawsuits. The parties can choose neighbor relationship disputes or environmental pollution infringement disputes as the cause of the case. The judges will deal with the relevant legal principles and at least achieve To stop the infringement and eliminate the purpose of the obstruction, if you want to claim damage, you have to prove that "light pollution" caused actual loss to the parties, which is difficult to prove.

The second is light pollution that can cause accidents and damage social welfare in roads, public places, and entertainment places. Such as billboards, spotlights and other mixed light, glare, mainly through the Urban Management Bureau and other departments can carry out administrative management and coordination, follow-up or through legislation to determine light pollution as the object of governance, so that the normalization of such management and coordination.

Finally, it is aimed at over-illumination and artificial light pollution. This kind of pollution has nothing to do with people's direct interests and will not cause bad influence in a short time. It can be said that either legislation or administrative supervision is a blank. Such light pollution will cause energy waste or damage to the ecological environment. Whether prevention or control is related to the entire environment of humanity cannot be ignored in subsequent legislation.

At present, for the future legislation on light pollution, China's Ministry of Environmental Protection's “12th Five-Year National Environmental Protection Regulations and Plans for the Construction of Environmental and Economic Policies” plans to do its utmost to carry out revisions to the “Environmental Protection Law” and actively carry out the preparatory work for the compilation of the Environmental Code. the study. In Shenzhen, the "Notice of the Shenzhen Municipal People's Government General Office on Printing and Distributing the Working Plan for the Establishment of a National Ecological Garden City in Shenzhen" plans to formulate the "Urban Landscape Lighting Plan", and has standardized the lighting specifications.

In this regard, Tang Haiyang suggested that the light pollution prevention and control law should be developed in accordance with the times, so that the prevention and control of light pollution into the rule of law. For light pollution prevention and control legislation, we should take into account the interests related to people's livelihood, human society, and nature-related interests. Before the introduction of the systemic light pollution prevention and control law, we can start with the technical standards, adopt the departmental regulations and local legislation to first solve the light pollution evaluation standard problem, define the light pollution qualitatively scientifically, and allow parties to prosecute, court trial, and administrative enforcement. To some extent, there are laws to follow.

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