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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE MANAGEMENT OF ROADS AND OTHER MAJOR FACILITIES

CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary to maintain and manage the safety of major facilities of the Seoul Metropolitan Government in order to develop a safe and comfortable living environment for citizens.
[This Article Wholly Amended by Ordinance No. 4566, Oct. 1, 2007]

Article 2 (Scope of Application) Except as otherwise provided for in any other Act, subordinate statute, or ordinance, the management of the following major facilities of the Seoul Metropolitan Government (hereinafter referred to as "facilities") shall be governed by this Ordinance:
1. Roads and road facilities;
2. Utility tunnels;
3. Facilities for traffic safety and control;
4. River-covering structures;
5. Rivers and river facilities;
6. Sewerage facilities;
7. Other road fixtures.
[This Article Wholly Amended by Ordinance No. 4566, Oct. 1, v007]

Article 3 (Definitions) Terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4566, Oct. 1, 2007; Ordinance No. 4695 Jul. 30, 2008>
1. "Road facilities" means roadways (including motorways), sidewalks, bridges over the Han River, general bridges, tunnels, overpasses, interchanges, underpasses, etc.
2. "Motorway" means a road installed only for the motor vehicle traffic and designated for such purpose by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
3. "Utility tunnel" means a facility installed underground in order to improve urban aesthetics, preserve the structure of roads, and promote smooth traffic flow by collectively accommodating facilities buried underground (such as facilities for supplying electric power, gas, and water, telecommunications facilities, and sewerage facilities);
4. "Road signs" means signs for bounds, distances, directions, routes, and other signs specified in Article 2 of the Rule on Road Signs, installed at places as required to preserve the structure of roads and the promotion of safe and smooth traffic flow;
5. "Road sign system" means a series of facilities for the efficient installation, management, and operation of road signs by computerizing the location, details, and specification of each road sign;
6. "Unmanned control system" means facilities for identifying and controlling violating vehicles automatically from an operating center by installing unmanned cameras, detecting facilities (buried under roads), controllers, and equipment for telecommunications, and electric cables on exclusive bus lanes;
7. "Smart traffic system" means facilities for improving the efficiency and safety of transport by making the operation and management of transport systems scientific and automatic and collecting, handling, storing, processing, or providing traffic information by applying advanced technologies for electronic control and telecommunications to means of transport and traffic facilities;
8. "Electric signboard" means an electronic and electric signboard installed on a road to provide traffic information to drivers by using letters, numeral figures, and pictograms;
9. "River-covering structure" means a set of structures (including the foundation, columns, slabs, and walls) that cover a river under the River Act (including the Ukcheon) to use the river as a road, parking lot, or for any other purpose;
10. "River facilities" means facilities, such as embankments, revetments, dams, water controls, sluice gates, observation facilities, floodgates, rainwater pumping stations (including retarding reservoirs), and facilities ancillary to the facilities mentioned above, which are necessary for the control of rivers and the prevention of disasters;
11. "Sewerage facilities" means a total system of sewerage culverts, terminal sewage treatment facilities, and other structures and facilities installed to discharge and dispose of sewage;
12. "Road fixtures" means facilities and structures defined in Article 2 (1) 4 and 5 of the Road Act;
13. "Traffic safety facilities" means traffic signals and safety signs under subparagraphs 14 and 15 of Article 2 of the Road Traffic Act;
14. “Class-I facilities" means the facilities under subparagraph 2 of Article 2 of the Special Act on the Safety Control of Public Structures (hereinafter referred to as the "Special Act");
15. "Class-II facilities" means the facilities under subparagraph 3 of Article 2 of the Special Act;
16. "Facilities, other than Class-I and -II facilities" means facilities other than those under subparagraphs 2 and 3 of Article 2 of the Special Act.

Article 4 (Designation of General Manager) (1) The Mayor shall designate the General Director of the City's Public Safety Headquarters as a general manager for the following facilities: <Amended by Ordinance No. 4097, May 15, 2003; Ordinance No. 4566, Oct. 1, 2007; Ordinance No. 4616, Apr. 3, 2008; Ordinance No. 4659, Jul. 30, 2008; Ordinance No. 5137, Jul. 28, 2011>
1. General Director of the City's Public Safety Headquarters: Road facilities and road fixtures on the Seoul Metropolitan roads and motorways, rivers, river facilities, sewerage facilities and river-covering structures;
2. General Director of the City's Transportation Headquarters: Facilities for traffic safety and control.
(2) Each general manager under paragraph (1) shall have control over the systems and policies for the management of facilities within his/her remit and may require a facility manager or a person to whom the management of a facility is entrusted (hereinafter referred to as "manager") to report to him/her on the current status of the management of a facility or demand a manager to submit data about a facility. In such cases, a manager shall comply with such demand.

Article 5 (Delegation of Management) (1) The agencies responsible for the management of each facility shall be as specified in attached Table, and the Mayor shall delegate his/her authority for the maintenance and management of each facility or road fixture to the manager specified in attached Table. <Amended by Ordinance No. 4659, Jul. 30, 2008>
(2) When a manager finds it necessary particularly due to the structure, or the purpose of use, of a facility or road fixture, he/she may entrust any other administrative agency, corporation, organization, or individual with some of works delegated for the maintenance and management of facilities pursuant to paragraph (1), subject to prior approval from the Mayor. <Amended by Ordinance No. 4659, Jul. 30, 2008>
(3) A manager under paragraph (1) or a trustee under paragraph (2) shall be responsible for the safety, maintenance, and management of the facilities under his/her responsibility. In such cases, a manager who entrusts someone with maintenance and management pursuant to paragraph (2) shall be responsible for supervision over the trustee's performance.

Article 6 (Establishment and Implementation of Plans) (1) A manager shall establish a plan for the safety, maintenance, and management of each facility for every five years with regard to Class-I and -II facilities, utility tunnels, river-covering structures, rivers, and river facilities, and shall establish and implement an implementation plan for each year according to the plan mentioned above. <Amended by Ordinance No. 4566, Oct. 1, 2007; Ordinance No. 4659, Jul. 30, 2008>
(2) If a manager finds it necessary even for any facility other than Class-I and -II facilities, he/she shall establish and implement a separate implementation plan for the facility. <Amended by Ordinance No. 4659, Jul. 30, 2008>
(3) When a manager establishes a plan under paragraph (1) or (2), he/she shall submit it to the Mayor.
(4) The Mayor shall request a manager to take corrective or supplementary measures for a plan under paragraph (1) or (2) in order to ensure the appropriate management of facilities, and the manager shall comply with such request, except in extenuating circumstances.
(5) Article 5 (2) of the Enforcement Decree of the Special Act on the Safety Control of Public Structures (hereinafter referred to as the "Decree") shall apply to detailed matters that shall be included in the plan for the safety, maintenance, and management of facilities, and a manager may prescribe additional matters separately for each facility, if he/she finds it necessary. <Amended by Ordinance No. 4659, Jul. 30, 2008>

Article 7 (Performance of Safety Inspections) (1) A manager shall perform a safety inspection, taking into consideration the nature of each facility, and the Mayor may specify a tighter safety inspection cycle for the facilities for which the Mayor considers it necessary due to the conditions and aging of the facilities.
(2) A manager shall take necessary measures, such as a close safety examination, repairs, improvements, and restrictions on use, without delay for the facilities from which he/she discovers any defect as a result of a safety inspection.
(3) A manager shall prepare and keep records of the results of safety inspections on facilities and the measures taken pursuant to paragraph (2).
(4) A manager shall reflect the results of safety inspections under paragraph (3) in the plans established pursuant to Article 6 to ensure the systematic maintenance and management of facilities.

Article 8 (Securing Workforce, Equipment, etc.) (1) A manager shall secure workforce and equipment appropriate for safety inspections in accordance with special features of each facility, such as mobile equipment, equipment for access, and nondestructive equipment, so as to prevent any trouble in performing safety inspections.
(2) A manager may request the head of an administrative agency affiliated to the Seoul Metropolitan Government to lend any equipment that the agency has for safety inspections, and the head of the agency so requested shall comply with such request, except in extenuating circumstances.

Article 9 (Performance of Close Safety Examinations) (1) A manager shall perform close safety examinations on facilities under his/her responsibility as follows:
1. If a facility is ten ore more years old and is a Class-I facility under the Special Act, a close examination shall be performed once a year during the first five years;
2. If it is found as a result of a safety inspection under Article 7 that the structure of a facility is not safe, a close examination shall be performed without delay.
(2) The Special Act and the Decree shall apply to the agencies and fees for close safety examinations under paragraph (1).

Article 10 (Establishment of System for Handling Accidents) A manager shall establish a system for handling accidents, such as the system and guidelines for control and methods for recovery, in preparation for cases where various kinds of accidents occur in a facility due to any defects of the facility itself or any other external cause.

CHAPTER Ⅱ ROADS AND ROAD FACILITIES Article 11 (Execution of Road Works) (1) A person who intends to carry out any construction works on a road shall prepare measures for traffic control to ensure the safety of workers and pedestrians and a smooth traffic flow and submit them to the competent manager.
(2) The measures for traffic control under paragraph (1) shall include the following:
1. Matters regarding the installation of signs informing of construction works and signs for traffic control;
2. Matters regarding the placement of traffic signalmen;
3. Matters regarding the installation of signs indicating detours, if detours are necessary;
4. Other matters necessary for the measures for traffic control.

Article 12 (Performance of Safety Inspections) A manager shall perform safety inspections on roads and road facilities as follows:
1. Periodic inspection: At least once each quarter (inspection visually, with portable equipment, etc.);
2. Close inspection: At least once every two years (inspection visually, with test equipment and instruments, etc.);
3. Emergency inspection: Occasional inspection that shall be performed when any of the following events occurs:
(a) When an anomaly is discovered during patrol or by a periodic inspection;
(b) When a typhoon, a localized heavy rainfall, an earthquake, or any other natural disaster occurs;
(c) When a risk equivalent to an event under item (a) or (b) arises;
(d) When a manager considers it necessary on any other ground.

Article 13 (Classification of Conditions of Facilities) A manager shall classify roads and road facilities into the following safety grades for management, based on results of safety inspections and close safety examinations:
1. Graded A: Best normal conditions in which safety and functions are maintained at an appropriate level;
2. Grade B: Mostly good conditions in which minor damage exists but does not threaten to safety;
3. Grade C: Moderate conditions in which any auxiliary material is damaged;
4. Grade D: Conditions in which urgent repairs or reinforcing works are required due to the aging of main materials (fatigue crack in steel members, shear crack in concrete, settlement, etc.) and judgment on whether to restrict the use of a facility is required;
5. Grade E: Conditions in which the use of a facility shall be prohibited immediately due to the serious aging or sectional loss of main materials or a hazard to safety and therefore rebuilding works are required.

Article 14 (Designation of Dangerous Facilities) (1) A manage shall designate a road or a road facility as a dangerous facility, if its safety grade under Article 13 is rated Grade D or E.
(2) As regards roads and road facilities designated as dangerous facilities under paragraph (1), the management card under Article 7 of the Enforcement Rule of the Framework Act on the Management of Disasters and Safety shall be prepared. <Amended by Ordinance No. 4566, Oct. 1, 2007>

Article 15 (Repair, Improvement, etc.) (1) In order to ensure the efficient and systematic performance of works for repairing and improving roads and road facilities, a manager shall establish a plan for repair and improvement of each road or road facility according to the safety grade under Article 13 and shall reflect the plan in the plan for the safety, maintenance, and management under Article 6.
(2) If a manager considers it necessary to take safety measures or other urgent measures for a road or a road facility, he/she shall take measures necessary for repair, reinforcement, or restriction on use without delay in accordance with the provisions of relevant Acts and subordinate statutes.

Article 16 (Maintenance and Management of Street Lamps and Mechanical and Electrical Facilities) (1) A manager shall maintain and manage street lamps and mechanical and electrical facilities to ensure the safe traffic of vehicle drivers and pedestrians.
(2) A manager shall clean lighting fixtures in roads and tunnels, replace lighting sources, repair cables and instruments, reinstate street lamp posts damaged by an accident, and carry out maintenance works so that lighting fixtures can be maintained in good condition all times.
(3) When a manager installs street lamps or mechanical and electrical facilities, he/she shall prepare and maintain data about the street lamps or mechanical and electrical facilities and the records of the actual state of maintenance and management.

CHAPTER Ⅲ UTILITY TUNNELS Article 17 (Management of Utility Tunnels) (1) A manager shall manage the main body of each utility tunnel and facilities ancillary to the tunnel: Provided, That a person who occupies part of a utility tunnel for a facility installed in the utility tunnel (hereinafter referred to "occupant") shall be responsible for the management of the facility installed therein and facilities auxiliary thereto (hereafter referred to in this Chapter as "occupying facilities").
(2) A manager shall collect expenses incurred in the management of a utility tunnel from each occupant.
(3) An occupant shall designate an organization and workers exclusively responsible for the management of occupying facilities under his/her control and shall report the designation to the competent manager.
(4) A person who intends to enter the inside of a utility tunnel for construction works or an inspection shall obtain prior approval from the competent manager.

Article 18 (Organization and Operation of Council for Management of Utility Tunnels) (1) The Mayor shall establish the Council for the Management of Utility Tunnels of the Seoul Metropolitan Government (hereinafter referred to as the "Council") in the City's Public Safety Headquarters of the Seoul Metropolitan Government to deliberate on important matters regarding the management of utility tunnels, including the allocation of expenses for the safety inspection of utility tunnels and the improvement and management of facilities, and may establish a working council for the management of each utility tunnel, if necessary. <Amended by Ordinance No. 4097, May 15, 2003; Ordinance No. 4593, Dec. 26, 2007; Ordinance No. 5137, Jul. 28, 2011>
(2) The Council shall be comprised of not more than 16 members, including one chairperson; and the Director General of the City's Public Safety Headquarters, shall serve as the chairperson, while other members shall be appointed or commissioned by the Mayor from among persons falling under any of the following subparagraphs: <Amended by Ordinance No. 4097, May 15, 2003; Ordinance No. 4593, Dec. 26, 2007; Ordinance No. 5137, Jul. 28, 2011>
1. Public officials of agencies related to utility tunnels (including executives and employees of entrusted institutions);
2. Fire officers of the Fire and Disaster Headquarters;
3. Executives and employees of institutions occupying a utility tunnel;
4. Persons who have considerable knowledge and experience in the safety of the structure of utility tunnels or the disaster prevention.
(3) The Council shall deliberate on the following:
1. Matters regarding safety inspections of utility tunnels;
2. Matters regarding the improvement of facilities of utility tunnels and the allocation of expenses for management;
3. Matters regarding whether to permit any other facility to occupy (or use) a utility tunnel;
4. Matters regarding implementation plans for projects for the improvement of facilities (time, scope, and methods of performing construction works, etc.);
5. Other important matters necessary for the management of utility tunnels.
(4) A working council for the management of each utility tunnel shall be comprised of persons falling under any of the following subparagraphs, and members shall be appointed or commissioned by the chairperson of the Council:
1. Public officials of the agencies responsible for the maintenance and management of the utility tunnel (including employees of entrusted institutions);
2. Fire officers of the competent fire station;
3. Employees of institutions occupying the utility tunnel.
(5) A working council for the management of each utility tunnel shall deliberate on the following:
1. Matters regarding implementation plans for projects for the improvement of facilities of each utility tunnel (time, scope, and methods of performing construction works, etc.);
2. Other practical matters regarding the management of each utility tunnel.
(6) The term of office for each member of the Council under paragraph (2) or (4) shall be two years, which may be renewed consecutively.
(7) The Mayor may pay allowances to members who attend a meeting of the Council and have their travel expenses reimbursed within budget limit: Provided, That the foregoing shall not apply to public officials who attend a meeting in direct connection with their duties.

Article 19 (Preparation of Drawings for Maintenance and Management) (1) A manager shall prepare and maintain drawings for the maintenance and management of each utility tunnel (hereinafter referred to as "drawings") by surveying the tunnel based on detailed design drawings, completion drawings, and other relevant drawings and shall modify or supplement the drawings without delay, whenever there is any change.
(2) Floor plans for various facilities installed in each utility tunnel, longitudinal section plans for each utility tunnel, detailed plans for intersections, and plans for other facilities shall be prepared separately.
(3) Each drawing shall indicate various facilities for the prevention of disasters.
(4) A manager shall prepare detailed drawings indicating all facilities at major points of each utility tunnel in addition to the drawings under paragraph (2).
(5) When a manager prepares or modifies a drawing, he/she shall distribute it to the general managers, the Director General of the Fire and Disaster Headquarters, and occupants so that it can be utilized for the maintenance and management of utility tunnels and activities for the prevention of disasters. <Amended by Ordinance No. 4593, Dec. 26, 2007>

Article 20 (Performance of Safety Inspections) (1) Each manager and occupant shall perform inspections on the main body of each utility tunnel, ancillary facilities, and occupying facilities as follows:
1. Daily inspection: Inspection on internal and external facilities visually, with portable equipment, etc.;
2. Periodic inspection: At least once each quarter (inspection visually, with portable equipment, etc.);
3. Close inspection: At least once every two years (inspection visually, with test equipment or instruments, etc.; if such inspection requires special technology, it shall be entrusted to the occupant specializing in the relevant area or a specialized service company);
4. Emergency inspection: Occasional inspection that shall be performed when any of the following events occurs:
(a) When an anomaly is discovered during a patrol or by a periodic inspection;
(b) When a typhoon, a localized heavy rainfall, an earthquake, or any other natural disaster occurs;
(c) When a risk equivalent to an event under item (a) or (b) arises;
(d) When a manager considers it necessary on any other ground.
(2) When a manager or an occupant performs an inspection under paragraph (1), he/she shall check whether there is an electrical fault, fire, or water leakage, or any problem in locking devices, shall take corrective measures without delay, if he/she discovers any problem as a result of checking, and shall keep and maintain records thereof.
(3) When an occupant intends to inspect occupying facilities under his/her control, he/she shall submit an inspection plan to the competent manager in advance for approval.

Article 21 (Inspections and Close Safety Examinations) (1) If a manager considers it necessary for safety in a utility tunnel, he/she may request each occupant to perform an inspection or a close safety examination on occupying facilities under his/her control within a period specified by the manager.
(2) Upon receiving a request under paragraph (1), an occupant shall comply with such request and shall submit a report on results of the inspection or examination to the competent manager without delay.

Article 22 (Approval of Construction Works) (1) When an occupant intends to carry out construction works for installing or repairing occupying facilities (hereinafter referred to as "construction works"), he/she shall obtain prior approval thereof from the competent manager.
(2) If it is anticipated that any construction works under paragraph (1) are likely to affect the main body of a utility tunnel, an ancillary facility, or any other occupying facility, the relevant occupant shall file an application for the approval of the construction works with the competent manager, clearly stating the details thereof. In such cases, the occupant shall consult in advance with the other occupant whose occupying facility is anticipated to be affected.

Article 23 (Execution of Construction Works) (1) A person who carries out any construction works inside a utility tunnel shall comply with safety regulations prescribed by the competent manager on the execution of construction works.
(2) When a manager executes any construction works for the main body of a utility tunnel or an ancillary facility, he/she shall consult in advance with occupants to avoid any problem to occupying facilities.
(3) When an occupant completes any construction works, he/she shall report the completion of the construction works to the competent manager for approval.

Article 24 (Measures in Emergency Cases) (1) When any trouble has occurred, or is likely to occur, in an occupying facility due to an electric fault, fire, or water leakage, he/she shall report it to the competent manager without delay and shall take necessary measures. In such cases, the procedure for prior approval under Article 22 (1) may be omitted.
(2) When an occupant completes an emergency measure under paragraph (1), he/she shall report details of the emergency measure to the competent manager without delay to obtain approval therefor.

Article 25 (Settlement of Damages or Disputes) If any injury is inflected on a third party or a civil or criminal case arises or an accident occurs in the course of the installation or management of an occupying facility, or the execution of construction works for an occupying facility, the occupant of the relevant facility shall be liable for such injury or such case or accident.

Article 26 (Security-Related Matters) An occupant shall comply with regulations prescribed by the competent manager on the security of utility tunnels with respect to security and disaster prevention in connection with the management of utility tunnels.

CHAPTER Ⅳ FACILITIES FOR TRAFFIC SAFETY AND CONTROL Article 26-2 (Management of Facilities for Traffic Safety) (1) When a manager responsible for facilities for traffic safety establishes, implements, or revises an annual plan for safety, maintenance, and management, he/she shall report it to the Mayor.
(2) A manager shall perform a periodic inspection on a quarterly basis, shall also perform occasional inspections, whenever necessary, shall keep and maintain the records of the results of such inspections, and shall take measures necessary to secure safety and maintain functions.
[This Article Newly Inserted by Ordinance No. 4566, Oct. 1, 2007]

Article 27 (Establishment and Implementation of Plans for Safety, Maintenance, and Management of Road Signs) (1) A manager shall establish and implement a plan for the safety, maintenance, and management of road signs each year (hereafter referred to in this Article as "maintenance and management plan") and shall submit the maintenance and management plan to the Mayor, whenever the plan is established or revised. <Amended by Ordinance No. 4566, Oct. 1, 2007>
(2) In order to ensure the appropriate management of road signs, the Mayor may request a manager to correct or supplement the maintenance and management plan established by the manager.
(3) The maintenance and management plan under paragraph (1) shall include the following:
1. Matters regarding the installation or alternation of road signs;
2. Matters regarding washing, painting, and improvement of road signs;
3. Matters regarding the improvement of facilities for disabled persons in connection with road signs (traffic signals, roadside trees, etc.);
4. Matters regarding the organizational structure, workforce, and equipment for maintenance and management;
5. Other matters regarding the maintenance and management of road signs.

Article 28 (Establishment of Road Sign System) (1) In order to promote the efficient management of road signs, the Mayor shall establish a road sign system and permit managers to utilize the system jointly.
(2) Managers shall secure equipment or goods necessary for utilizing the road sign system.
(3) If a manager installs or alters a road sign, he/she shall modify or renew data of the road sign system with prior approval thereof from the Mayor.

Article 29 (Inspection of Road Signs) (1) A manager shall perform a periodic inspection on road signs on a quarterly basis, shall also perform occasional inspections, whenever necessary, to ensure to maintain road signs in good condition, and shall keep and maintain the records of the results of such inspections.
(2) A manager shall perform the periodic inspection under paragraph (1) in accordance with the following guidelines: <Amended by Ordinance No. 4566, Oct. 1, 2007>
1. Organization of inspection team: An inspection team shall be organized with employees of the division responsible for the management of road signs and shall include experts specializing in relevant areas, whenever necessary;
2. Matters subject to inspection: The matters specified in Articles 2 through 13 of the Rule on Road Signs shall be inspected during a periodic inspection.

Article 30 (Management of Unmanned Control System) The works for the management of the unmanned control system shall be as follows:
1. Management of facilities installed in the center for the operation of unmanned monitoring cameras and at various points;
2. Management of telecommunications cables;
3. Management of other conditions, such as conditions of roads at the points where an unmanned camera is installed.

Article 31 (Management of Smart Traffic System) (1) The works for the management of the smart traffic system shall be as follows:
1. The operation, maintenance, and management of facilities installed in the traffic control centers (the Urban Expressway Traffic Control Center, the Namsan Area Traffic Control Center) and at various points for the collection, processing, and provision of traffic information;
2. The operation, maintenance, and management of electric and telecommunications networks and other related facilities;
3. The operation, maintenance, and management of other facilities for the smart traffic system.
(2) If an institution that performs road patrol, emergency rescue, traffic broadcasting or public relations, or management of construction sites in order to utilize the facilities under paragraph (1) or maintain the performance of such facilities, discovers any problem in connection with the works under paragraph (1), it shall take measures for such problem after notifying the general manager of its discovery and consulting thereon with the general manager.

Article 32 (Inspection of Smart Traffic System, Unmanned Control System, etc.) A manager shall perform periodic and occasional inspections on the smart traffic system and the unmanned control system, shall repair the systems without delay, if necessary, and shall keep and maintain records of the results of such inspections.

Article 33 (Improvement of Facilities of Unmanned Control System) A manager shall analyze environmental changes to roads where the smart traffic system is installed and evaluate the performance of the operation of the system at least once a year, and may adjust the method and time of control, if necessary.

Article 34 (Road Works at Points where Smart Traffic System or Unmanned Control System is Installed) A person who has the authority to grant a permit for the excavation and occupancy of a road at a point where the smart traffic system or the unmanned control system (including a person who has the authority to accept reports thereon) shall consult with the manager responsible for the facility at issue in advance before granting a permit.

CHAPTER Ⅴ RIVER-COVERING STRUCTURES Article 35 (Designation of Occupants, etc.) (1) A road, a building, an apparatus, or a facility (hereafter referred to in this Chapter as "facility") installed on a structure covering a river (hereinafter referred to as "covering structure") shall be managed by the person who installed or uses the facility (hereafter referred to in this Chapter as "occupant").
(2) The occupant of a facility shall be determined as follows: <Amended by Ordinance No. 4097, May 15, 2003; Ordinance No. 4593, Dec. 26, 2007; Ordinance No. 4659, Jul. 30, 2008; Ordinance No. 5137, Jul. 28, 2011>
1. If the main purpose of use of a covering structure is a road (including a parking lot and a place for transshipment of cargo), the Director General of the City's Public Safety Headquarters, the Director of the Road Office, or the head of the competent autonomous Gu shall be deemed the occupant (Provided, That if a river is covered for a place for storage of seized vehicles, a parking lot, railroad, or shopping center without any function as a road, the head of the division responsible for such facility shall be deemed the occupant);
2. If the main purpose of use of a covering structure is a building, the head of the agency that built the building or the division responsible for the management of the building shall be deemed the occupant, if it is used for a public building, while the head of the competent autonomous Gu shall be deemed the occupant, if it is used for a private building;
3. If the main purpose of use of a covering structure is not any purpose of use under subparagraph 1 or 2, the head of the division responsible for the structure shall be deemed the occupant.
(3) The Mayor shall designate the occupant of each facility to clarify the responsibility for the management of each facility installed on a covering structure.

Article 36 (Safety Inspections, etc.) (1) An occupant shall perform a safety inspection under Article 6 of the Special Act on the main body of each covering structure by deeming it as a Class-Ⅱ facility in order to keep the covering structure safe. <Amended by Ordinance No. 4659, Jul. 30, 2008>
(2) If an occupant finds it necessary as a result of a safety inspection to prevent any disaster in the main body of a covering structure and secure the safety of such facility, he/she shall perform a close safety examination.

Article 37 (Patrol of Facilities) (1) An occupant shall establish and implement a patrol plan for the facilities under his/her control to secure the safety of covering structures and facilities and maintain the functions of such facilities in good condition.
(2) If an occupant finds, as a result of a patrol that there is a problem in the safety of a covering structure or the maintenance of functions of such structure, he/she shall promptly restrict the use of facilities thereon, carry out works for maintenance and repair, perform a safety inspection or a close safety examination, and take appropriate measures, and shall notify the Mayor of the measures taken, if the measures so taken are serious.
(3) The Mayor may request an occupant to restrict or prohibit the use of a facility under his/her control, or remove or repair the facility in order to maintain functions of a river, and the occupant shall comply with such request, except in extenuating circumstances.

Article 38 (Execution of Construction Works for Covering Rivers) If a manager intends to cover a river to use it, he/she shall include it in the basic plan for the improvement of rivers for deliberation by the Committee for the Management of Local Rivers of the Seoul Metropolitan Government under Article 87 of the River Act. <Amended by Ordinance No. 4659, Jul. 30, 2008>

Article 39 (Keeping Documents) (1) When an occupant carries out patrols, safety inspections, or works for maintenance, repair, or improvement, he/she shall keep the following documents:
1. Daily records of patrols or safety inspections;
2. Work schedule;
3. Facility management cards;
4. Other reports and evidentiary documents.
(2) An occupant shall permanently preserve the facility management cards under paragraph (1) 3.

CHAPTER Ⅵ RIVERS AND RIVER FACILITIES Article 40 (Plans for Safety, Maintenance, and Management) A plan for safety, maintenance, and management under Article 6 shall include the following matters:
1. Matters regarding the inspections, improvement, safety, maintenance, and management of rivers and river facilities (hereafter referred to in this Chapter as "river facilities");
2. Matters regarding the inspections and examinations under the Special Act and the Decree for Class-I and Class-II facilities and facilities other than Class-I and Class-II facilities. <Amended by Ordinance No. 4659, Jul. 30, 2008>

Article 41 (Performance of Safety Inspections) (1) A manager shall perform a safety inspection on a river as follows:
1. Periodic inspection: At least once each quarter (inspection visually, with portable equipment, etc.);
2. Close inspection: At least once every two years (inspection visually, with test equipment and instruments, etc.);
3. Emergency inspection: Occasional inspection whenever any of the following events occurs:
(a) When an anomaly is discovered during a patrol or a periodic inspection;
(b) When a typhoon, a localized heavy rainfall, an earthquake, or any other natural disaster occurs;
(c) When a risk similar to an event under item (a) or (b) arises;
(d) When a manager considers it necessary on any other ground.
(2) A manager shall perform safety inspections on sluice gates, floodgates, and rainwater pumping stations (including retarding reservoirs) as follows:
1. Daily inspection: Daily or at any time, whenever necessary;
2. Periodic inspection: On a weekly, monthly, quarterly, or annual base according to the checklist prescribed by the manager;
3. Emergency inspection: When an emergency situation occurs in a facility.

Article 42 (Repairing Works) (1) A manager shall repair river facilities in accordance with the results of inspections on river facilities and the plan for maintenance and management of such facilities in order to maintain the safety and functions of the facilities.
(2) If a manager finds, as a result of an inspection performed in accordance with Article 41, that there is a problem in the safety of a river facility or the maintenance of functions of such facility, he/she shall take appropriate measures without delay and shall notify the Mayor of the measures taken, if the measures so taken are serious.
(3) The Mayor may request a manager to carry out works for removing, repairing, or reinforcing a facility under his/her control for the safety of a river facility or the maintenance of functions of such facility, and the manager shall comply with such request, except in extenuating circumstances.

Article 43 (Keeping Documents) (1) A manager shall keep the following documents about river facilities:
1. Records of safety inspections;
2. Work schedule;
3. Facility management cards and drawings;
4. Data about inspections and examinations under the Special Act;
5. Other reports and evidentiary documents.
(2) A manager shall permanently preserve facility management cards and drawings under subparagraph 3 of Article 43.

CHAPTER Ⅶ SEWERAGE FACILITIES Article 44 (Plan for Safety, Maintenance, and Management) The Guidelines for the Maintenance and Management of Sewerage Culverts (Ministry of Environment) shall apply mutatis mutandis to the plan for the safety, maintenance, and management of sewerage culverts.

Article 45 (Performance of Safety Inspections) (1) A manager shall perform the following safety inspections in order to maintain the safety and functions of sewerage facilities:
1. Occasional inspection: Daily inspection by the staff in charge of maintenance and management;
2. Periodic inspection: Inspection at least once a year visually, with portable equipment, etc.;
3. Close inspection: At least once every two years (limited to terminal sewage treatment facilities);
4. Special inspection: When it is necessary to perform a special inspection before or after a heavy rain.
(2) The head of the Seoul Metropolitan Quality Testing Laboratory (hereinafter referred to as the "head of the Testing Laboratory") shall select major weak points of covering structures and intercepting sewers and perform a survey at least once a month on whether sewage gas is emitted and the quantity of emissions.
(3) A manage shall consult with the head of the Testing Laboratory when he/she intends to designate places from which sewage gas shall be collected for the survey under paragraph (2).
(4) If a manager considers it necessary, he/she may request the head of the Testing Laboratory to perform a survey on sewage gas, and the head of the Testing Laboratory shall perform a survey without delay upon receiving a request for the survey and shall notify the manager of the results thereof.

Article 46 (Management of other Ancillary Road Facilities) As regards other ancillary road facilities not specified in this Ordinance, a manager or the head of an autonomous Gu shall be responsible for the management of such facilities in accordance with the details of the maintenance and management of facilities in attached Table.

CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS Article 47 (Subsidization of Expenses) The Mayor may fully or partially subsidize expenses, when he/she delegates or entrusts any works for the maintenance and management of facilities.

Article 48 (Payment of Rewards for Reporting) (1) A reward may be paid to a person who reports the failure in a facility or a person who has damaged or destroyed a facility within budget limit for the efficient management of road facilities, ancillary road facilities, and facilities for traffic safety and control. In such cases, the reward for reporting shall not exceed 5 percent of expenses incurred in the reinstatement of the facility.
(2) The guidelines, methods, and procedure for the payment of rewards to reporting persons under paragraph (1) and other necessary matters shall be prescribed by Rules.
[This Article Newly Inserted by Ordinance No. 4566, Oct. 1, 2007]