Benxi City Of Dangerous Buildings Management

Original Language Title: 本溪市城市危险房屋管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201301/20130100380303.shtml

Benxi City of dangerous buildings management

    (September 29, 2012 the 14th session of the Standing Committee of the people's Government of the 115th district, Benxi City review by October 16, 2012, 164th, Benxi City people's Government promulgated as of December 1, 2012) Chapter I General provisions

    First to strengthen risk management and protect the lives and safety, according to the People's Republic of China emergency response Act, the Benxi City real estate regulations, urban risk management requirements and other relevant provisions, based on actual city, these measures are formulated.

    Second approach applies to all kinds of dangerous houses on State-owned land within the urban planning area of identification, management, collection and related management activities.

    Dangerous buildings mentioned in these measures refers to structure has been severely damaged or dangerous components of bearing, may lose their stability and bearing capacity of structure at any time, cannot guarantee the residents and the use of safe houses.

    Article III shall follow the old city of dangerous buildings management and Manpower, relief priorities, Government-led principle.

    Fourth, real estate administrative departments to my city of dangerous buildings management authorities.

    Counties (districts, high-tech district in Benxi, the same below) is responsible for the town warning of dangerous housing within their respective jurisdictions, hedge, rescue, emergency relief, as well as collection of dangerous housing.

    Planning, construction, land and natural resources, development and reform, finance, public security, auditing, supervision, comprehensive law enforcement departments shall, in accordance with their respective responsibilities, management of common dangerous houses.

    Chapter II identification

    Fifth of municipal property housing established by the Administrative Department of security accreditation bodies, specifically responsible for the risk level at the expense of housing, and accepting City real estate business guidance and supervision of the Executive authority.

    House safety appraisal of the sixth article, there must be two or more have the appropriate professional and technical qualification of personnel, the identification of particularly complex projects, safety appraisal for municipal housing institutions housing quality should be entrusted to a qualified testing agency for testing.

    Seventh House, one of the following circumstances, housing repair person or house owner, use shall be submitted to the departments of municipal real estate administration security application:

    (A) is unsafe;

    (B) meet the required age or previous security identification to determine age;

    (C) change of use of safety;

    (D) housing decoration and endanger the safety of buildings.

    Find housing one of the circumstances set forth in the preceding paragraph, relevant stakeholders and the House local Government shall report to the municipal real estate administration.

    Public use from the date of final acceptance, should be rotated every 5 years, and at the security identification.

    The eighth House safety appraisal of the applicant shall submit the following information:

    (A) the identity of the applicant;

    (B) housing or public housing rental permit and other relevant legal documents;

    (C) the application is entrusted, it should submit a power of Attorney and proof of identity of the applicant.

    The applicant is unable to provide the preceding paragraph (b) provides proof of, and found to be admissible by the municipal real estate administration departments.

    Nineth, real estate administrative departments from the date of receipt of the application, within 2 workdays commissioning House safety appraisal for identification, security accreditation body shall be accepted within 5 working days from the date of the application the applicant served the housing safety evaluation report.

    Tenth House safety appraisal agencies to conduct housing safety evaluation should be carried out in accordance with the following procedure:

    (A) accept the application;

    (B) the initial investigation and find out the House's history and the status quo;

    (C) the scene investigation, testing and documenting all kinds of corrupt data and status;

    (D) in checking and finishing materials;

    (E) a comprehensive analysis of argument, and make comprehensive judgments, and put forward opinions;

    (Vi) delivery report issued identification.

    11th identified housing should be implementing national housing Ministry promulgated by the appraisal standard of dangerous houses (JCJ125-99), taking into account relevant technical standards, specifications and regulations.

    Housing risk identification of grades a-, b-, c-, d-level.

    A-class: bearing capacity of the structure to meet the normal requirements and found no dangerous point, housing is structurally safe.

    Class b: structural capacity can meet normal requirements, individual structural members at risk, but do not affect the main structure, meet the normal requirements.

    C-level: can not meet the normal requirements of part of the load-bearing structure bearing capacity, local danger dangerous components.

    Class d: load-bearing structural capacity cannot meet the normal requirements, the whole House is there danger, constitute the whole buildings.

    12th house safety appraisal report issued by the accreditation body shall use uniform terminology, indicating housing risk identification and disposal and the safety appraisal of housing seal.

    The House safety appraisal report is valid for 1 year.

    Chapter management and collection

    13th of municipal property shall be drawn up by the Administrative Department of the city of Benxi City of dangerous buildings safe haven rescue and disaster relief emergency plan, submitted to the municipal people's Government for approval, by the County (district) Government organizations.

    14th municipal real estate administrative departments should be an annual security survey of various types of housing in the city, and will be submitted to the municipal people's Government before the census in the year to September 30, with a copy to the County (district) people's Government.

    15th home repair person should be regular security checks of its housing, in storms, rain and snow season remove danger of the crisis would be ready in advance.

    16th qualified housing risk level belongs to the a, b, housing the municipal real estate administrative departments shall, within 3 working days of the liability home improvement home improvement notice will serve, and home repair person should be conducted in accordance with the notification of home improvement requires timely reinforcement or repair, and in the 30th home repair, real estate administrative departments.

    Home repair person responsible refused to reinforce or repair of, the Department of municipal real estate administration commissioned a third party agent to perform obligation to repair, charges incurred will be borne by the housing repair responsibilities.

    No units or individuals shall impede the reinforcement and repair of dangerous buildings.

    17th responsible for strengthening housing housing repairs or structural shall entrust a qualified level of design unit basis set out in the notice of home improvement renovation programme, commissioned construction units with the appropriate qualifications to carry out construction project after the completion of home improvement related technical information should be sent, real estate administrative departments.

    18th identified hazard rating of c-class of dangerous buildings for housing the municipal real estate administrative departments shall be within 2 business days on housing location County (district) Government served notice of the dangerous houses disposed, County (district) the Government shall, in accordance with the notification of dangerous houses disposed requests that measures be taken, within 5 working days and disposition of the feedback to the departments of municipal real estate administration. 19th section identified risk level d of dangerous buildings for housing, County (district) Government shall, in accordance with the Benxi City of dangerous buildings safe haven rescue and disaster relief emergency plan, to take immediate emergency measures, will vacate the premises.

    Meanwhile, according to the city's State-owned housing on land expropriation and compensation standards to be monetary compensation, rehousing and compensation funds paid by the financial sector, and expropriation of the land into a land bank.

    The fourth chapter legal liability

    20th home repair responsibility violates the 15th and 16th article, does not pose a risk to housing security checks and promptly eliminate hidden consequences, more than 2000 by the Department of municipal real estate administration fined a maximum of 20,000 yuan.

    Disobey the 16th paragraph, repair person refuses to pay the repair costs of the municipal real estate administrative departments may initiate litigation to the people's Court.

    Contrary to the 16th paragraph these measures, preventing dangerous reinforcement and renovation of, the Department of municipal real estate administration fined 2000 Yuan and 20,000 yuan fine.

    21st housing use without changing the structure, components, equipment or the nature of the municipal real estate administrative departments be ordered to desist from the illegal act, restitution and a fine of 50,000 yuan and 100,000 yuan fine.

    22nd due to following reasons caused the accident, person, shall bear civil liability for acts or administrative responsibilities:

    (A) the user without changing the structure, components, equipment, and the nature of;

    (B) the users due exceeds the allowable loads or heavy impact structure;

    (C) take the homeowners crisis measures against dangerous houses;

    (D) using knowledge structure, deformation of danger is not timely reporting;

    (E) the use of unauthorized use of identified hazardous housing;

    (Vi) the actor due to the piling, excavation, pile, collisions and other acts threatening security.

    23rd House safety appraisal for breaches of these rules, any of the following circumstances, the municipal real estate administration authorities shall order rectification; an accident or loss, shall bear civil liability for:

    (A) intentionally dangerous buildings identified as non-dangerous houses had been lost;

    (B) hazardous housing identified as housing for the negligence, and accidents within the effective time;

    (C) the accident because of the time delay identification.

    24th article violating these rules, refused to identify, obstructing the appraiser, or prevent home repair person to reinforce and repair of dangerous buildings, activities contravening public security management, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security to deal with it.

    25th dangerous Housing Authority and Housing Department staff and other relevant administrative departments abuses his power, malpractice, negligence, by their work units or higher authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    26th in violation of these rules, causing loss of life and property to others constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    27th dangerous housing on rural collective land management can be performed in accordance with the measures. 28th article of the rules take effect on December 1, 2012, Benxi City, Liaoning Province issued on October 29, 1997, the municipal government risk management of housing (municipalities, 53rd) repealed simultaneously.