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Construction On The Decision To Modify The City Of Dangerous Buildings Regulations

Original Language Title: 建设部关于修改《城市危险房屋管理规定》的决定

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(July 20, 2004 the Ministry of construction released, 129th, since as of the date of promulgation) the Ministry of construction decided to delete the provisions on administration of the city of dangerous buildings (Ministry of construction, 4th) tenth.
    In addition, some of the provisions of the order adjusted accordingly. Purposes from the date of publication of this decision.

    The city dangerous housing regulations, corresponding amendments shall be made according to this decision, publish it again.
    Report: City of dangerous buildings regulations (revised 2004) (November 21, 1989 Ministry of construction released 4th, July 20, 2004, according to the Ministry of construction on modifying risk management decision to amend the provisions of the city) Chapter I General provisions article for strengthening risk management and protect the lives and safety, promoting effective use of housing, these provisions are formulated.
    Provisions of this article apply to the city (of municipalities, cities and towns, the same below) the ownership of the housing.
    Dangerous buildings mentioned in these regulations, means a structure has been severely damaged or dangerous components of bearing, and may lose their stability and bearing capacity of structure at any time, cannot guarantee the residents and the use of safe houses.
    Article the homeowners, users shall abide by these provisions.
    Article fourth owners and users should care and correct use of the Housing Authority.
    Fifth Ministry of construction is responsible for the National City of dangerous buildings management.
    Local real estate administrative departments of the people's Government at or above the county level shall be responsible for the area of the city of dangerous buildings management.
    Identified in chapter II article sixth city and County real estate administrative departments should set up home security accreditation bodies (hereinafter referred to as accreditation bodies), responsible for the safety appraisal of the House, and to enable "housing safety seal".
    Article seventh house owner or when you use the people application to local institution, must have legitimate documents to prove their related civil rights.
    Accreditation body after receipt of the application should be identified in a timely manner.
    Eighth article identification institutions for housing security identification should by following program for: (a) accepted application; (ii) initial survey, found out housing of history and status; (three) site survey, and test, and records various damaged data and status; (four) detection checking, finishing technology information; (five) full analysis, argument qualitative, made integrated judge, proposed processing recommends; (six) issued identification instruments. Nineth has been identified as a risk House, can generally be divided into the following four categories: (a) observed.
    Apply to take appropriate security measures, short-term use, but needs to continue to watch the House. (B) processing.
    Apply to take appropriate technical measures, you can unlock the dangerous houses. (C) discontinue use.
    Apply repair value-free, temporary inconvenience removed without jeopardizing the safety of adjacent buildings and others housing. (D) the total demolition.
    Applies to the whole risk value and there is no renovation, housing to be immediately removed. Safety appraisal of the article tenth, there must be two or more members to participate in.
    The identification of particularly complex projects, accreditation bodies can be other hired professionals or invite participation of staff from relevant departments identified.
    11th House safety appraisal of uniform terminology should be used, and fill in the authentication documents, and put forward opinions.
    Identified hazardous housing, accreditation bodies must promptly give notice of dangerous houses belonging to non-dangerous housing, should be indicated on the identification document in normal conditions of use of a time limit, usually not more than one year. After 12th house safety appraisal, identification of certified agencies can charge fees.
    Appraisal fee collection standards, according to local conditions, by an accreditation body and is subject to city and county governments implemented after being approved by the competent administrative authorities and the prices of real estate sector. Owners and users can apply for identification.
    Was identified as a risk House, appraisal cost borne by all; identified as non-dangerous housing, identification of costs borne by the applicant.
    13th cases involving dangerous housing disputes to arbitration or judicial organs, parties to a dispute can be specified to apply for housing safety evaluation, if necessary, can also direct House security identification requirements. Article 14th appraisal of dangerous buildings Enforcement Division awarded the appraisal standard of dangerous buildings (CJ13-86).
    For industrial buildings, public buildings, high-rise buildings and identification of heritage buildings, also with reference to the relevant technical standards, specifications and regulations. Chapter III governance 15th homeowners should carry out periodic security checks of its housing.
    During the storm, snow season, owners should remove danger of the crisis would be ready; city and County real estate administrative departments should strengthen supervision and inspection, and, under the unified leadership of the local government, emergency rescue and disaster relief work.
    16th homeowners of dangerous housing crisis, time crisis; the crisis temporary difficulties, security measures should be taken. 17th homeowners on the appraisal of dangerous houses, you must follow the recommendations on accreditation bodies, strengthening or restoration of governance in a timely manner if all who refused to follow the recommendation dealing with repairs of housing management, hinder or user behaviour, designating the competent administrative Department of the real estate sector, or take other measures of constraint.
    Charges incurred will be borne by the person responsible.
    Article 18th homeowners when the formalities necessary to rescue the crisis, relevant departments should support and handle in a timely manner, so as not to delay the time of an accident.
    19th governing private dangerous housing, owners are genuine financial hardship when unable to control, the unit to which they can give loans; in case of rental housing, and joint management of the lessee, the lessee pay the repair costs can be offset rent amortization or by the lessor.
    20th identified bodies identified as dangerous housing and demolition and reconstruction is required, the departments concerned should, where appropriate, granting preferential policies. 21st adjoined dangerous houses all of adjoined houses should be in accordance with the national regulations to meet their governance responsibilities.
    Refusing to take responsibility, location of the housing Administrative Department of real estate mediation; party is dissatisfied, he may apply to the local people's Court.
    Fourth chapter legal liability article 22nd due to the following reasons caused the accident, owners should bear civil or administrative forms of liability: (a) insurance is not checked or damage is not repaired, (ii) identified by the accreditation bodies as a risk House without taking effective measures in the crisis.
    Article 23rd caused the accident for the following reasons, used, authors should bear civil liability: (a) use without changing the structure, components, equipment, or the nature and (ii) take the homeowners crisis measures against dangerous houses and (iii) who, because of construction, parking lot, collisions and other endangered houses.
    24th under any of the following circumstances, accreditation bodies shall bear civil or administrative forms of liability: (a) for intentional dangerous buildings identified as non-dangerous houses had been lost, (ii) hazardous housing identified as housing for the negligence, and accidents in the period, (iii) accident due to time delay identification.
    25th article 22nd of this chapter, listed in section 23, 24, to cause loss of life and property, constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Fifth chapter supplementary articles article 26th real estate administrative departments of the people's Governments at and above the county level can be based on these provisions, combined with the local situation, formulate rules for its implementation, upon approval by the people's Governments at the same level, reported to the competent authorities at a higher level for the record.
    27th article does not set industrial and mining areas of the town formed may refer to these provisions.
    28th article of the regulation by the Ministry of construction is responsible for the interpretation.
                                                                                            29th article of the regulations come into force on January 1, 1990.