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Benxi City Of Dangerous Buildings Management

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

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Urban-risk housing management approach

(The 14th Annual Conference of the People's Government of Japan, 29 September 2012, considered the publication, effective 1 December 2012, of the Decree No. 164 of 16 October 2012 of the People's Government Order No. 164 of 16 October 2012)

Chapter I General

Article 1 guarantees residence and safety in order to strengthen urban risk management, in accordance with the relevant provisions of the People's Republic of China's Emergency Response Act, the veteran Urban Housing Regulations, the Urban Dangerous Housing Regulations, and the Urban Lands Management Provisions.

Article 2. This approach applies to the identification, governance, collection and related management activities of various types of hazardous homes in urban planning areas.

The risk of housing referred to in this approach is that the structure has been severely damaged or seriously constructed is already at risk, and that it is at any time possible to lose its structural stability and affordability and that it cannot guarantee residence and the use of safe houses.

Article 3

Article IV. The municipal housing administration is the competent authority for the management of dangerous homes in my city.

Districts (zones, including new streams, with the same) are responsible for early warning of dangerous homes in the Territory, the avoidance of risk, theft, emergency relief and the collection of dangerous homes.

Sectors such as planning, land resources, development reform, finance, public safety, audit, screening and integrated law enforcement should be jointly managed in accordance with their respective responsibilities.

Chapter II Identification

Article 5

Article 6. The safety recognition of homes must involve more than two accredited personnel with corresponding professional technical qualifications, with special complex identification projects, and municipal housing safety recognition institutions should be entrusted with the inspection of the housing quality testing institutions with corresponding qualifications.

Article 7 has one of the following conditions, and the homeowner or homeowner, the user shall submit a request for a safe identification of housing to the municipal housing administration authorities:

(i) Insecurity factors;

(ii) A period of time for the use of time limits or prior security identification;

(iii) Changes in use endanger security;

(iv) The renovation of houses endangers the security of homes.

As a result of the discovery of one of the above-mentioned provisions, the relevant stakeholders and the host Government should report to the municipal housing administration.

Since the date of the completion of the inspection of public premises, a security certificate should be applied every five years.

Article 8 shall submit the following information:

(i) The identity of the applicant;

(ii) Home ownership certificates or public housing rental certificates and other relevant legal documents;

(iii) Authorization of other requests shall also be submitted to the author and the author's identity certificate.

The applicant is unable to provide the material in accordance with paragraph (ii) of the previous paragraph, which is admissible by the municipal property administration.

Article 9. The municipal housing administration authorities have been entrusted with the identification of the housing safety accreditation body within two working days from the date of receipt of the request for recognition, and the housing safety accreditation body shall send the applicant within five working days of the date of receipt of the application.

Article 10

(i) To receive the application;

(ii) Initial investigations to map the history and status of homes;

(iii) On-site survey, test, record of various damage data and status;

(iv) Monitoring tests and collating technical information;

(v) A comprehensive analysis of the characterization of the argument, a comprehensive judgement and a response;

(vi) To issue identification reports.

Article 11. Identification of dangerous homes should be carried out in accordance with the National Housing Department's Guidelines for the Identification of Dangerous Households (JCJ125-99), taking into account relevant professional technical standards, norms and protocols.

The level of hazard identification of homes is divided into levels A, B, C, D.

Level A: Structural power can meet normal use requirements, uncovered dangerous points and the security of the housing structure.

B: Structural delivery is essentially able to meet normal use requirements and individual structural components are at risk, without prejudice to the structure of the subject matter and basic requirements for normal use.

Level C: Some of the heavy structure cannot meet normal use requirements, where there is a risk and form a bureau-risk facility.

Level D: Strive structures have not been able to meet normal use requirements, and the overall security of the house constitutes a life-threatening house.

Article 12 Identification reports by the Housing Safety Identification Body should use a uniform terminology indicating the level of hazard identification and treatment of the home and highlighting the specific chapter for the safety of the home.

The report on housing security is valid for one year.

Chapter III Governance, collection

Article 13 Administrative authorities of the city shall prepare a “Removal of Risks and Emergency Responses in the City of Ben streams”, which are organized by the Government of the People of each county (zone).

Article 14. The municipal housing administration authorities shall conduct a security census of all types of homes throughout the city each year and report the census to the Government of the city by 30 September, while transmitting to the people of each district (zone).

Article 15 Responsibilities for house repairs should conduct regular security inspections of their homes and prepare for pre-emptions in storms, rains seasons.

Article 16, which has been identified as a dangerous hierarchy of homes at A, B, shall be sent by the municipal housing administrative authorities to the home renovation responsibilities within three working days to the home repair responsibilities, and the responsibility for the repair of the house shall be accompanied by the timely consolidation or renovation of homes, as required by the Housing Restructuring letter, and to the administrative authorities of the housing refurbishment within 30 days.

The responsibility for the repair of homes rejects the unauthorized or refurbishment, and is entrusted by the municipal housing administration to the third person to perform the repair obligation and the costs incurred are borne by the owner of the house repair responsibility.

No unit or individual may impede the consolidation and renovation of dangerous homes.

Article 17, the responsibility for housing renovation, which is inherently or structurally disposed of by the owner, should be entrusted with the development of a renovation programme in accordance with the Housing Renovation letter, which entrusts the construction units with a corresponding level of qualifications; and upon completion of the construction work, the relevant technical information on the renovation of the house should be sent to the municipal property administration.

Article 18, which identifies hazardous homes at the C level, shall be sent by the municipal housing administration authorities within two working days to the Government of the place of the house (zone) to the notice of the disposal of the hazardous homes, and the Government of the District (zone) shall require disposal measures in accordance with the letter of the Hazardous Housing Disposal and receive feedback from the municipal property administration authorities within five working days.

Article 19, which identifies a hazardous home at the D level, should take immediate and immediate measures to avoid the risk of theft and disaster response of dangerous homes in the city. At the same time, in accordance with the standard of reimbursement for the home on the State's land, the settlement of the compensation funds is paid by the same-level financial sector and the subsequent land collection is included in the land reserve.

Chapter IV Legal responsibility

In violation of article 15, article 16, paragraph 1, of the scheme, the responsibility for the repair of the house is subject to a fine of up to $20,000 for the administrative authorities of the city's properties, without a security inspection and the timely exclusion of the consequences of the security concealment.

In violation of article 16, paragraph 2, of this approach, the responsible for the renovation was denied the cost of repair, and the municipal property administration authorities could bring proceedings before the People's Court.

In violation of article 16, paragraph 3, of the present approach, it impedes the consolidation and renovation of dangerous homes, with the imposition of a fine of up to $20,000 for municipal property administration authorities.

Article 21, the owner of the house has changed its own structure, structure, equipment or the nature of its use, and is responsible for the cessation of the offence by the municipal housing administration authorities, the restitution of the status quo and the imposition of a fine of more than 100,000 dollars.

Article 2 causes an accident, with the use of the person, the perpetrator or the perpetrator responsible for civil responsibility or administrative responsibility:

(i) Use unauthorized changes in the structure, structure, equipment and the nature of the use of the house;

(ii) The use of the person to influence the structure owing to the excess of the number of copies or heavy shocks;

(iii) The use of persons hindering the use of risk-free housing by all;

(iv) The use of persons to know that the structure is unusual and volatile and is not declared in a timely manner;

(v) Use unauthorized use of identified hazardous homes;

(vi) The perpetrator endangers the security of the house by carrying out, exhuming, storing and collisions.

Article XXIII, in violation of this approach, provides that one of the following cases has been converted by the administrative authorities of the city's properties; the occurrence of accidents or losses should bear civil responsibility:

(i) Damage caused by the intentional identification of non-hazardous houses as hazardous homes;

(ii) Identification of dangerous homes as non-risk homes due to negligence and accident within an effective time frame;

(iii) Incidents caused by delays in the identification period.

Article 24, in violation of this approach, rejects, impedes the identification of persons or obstructs the renovation of dangerous homes by those responsible for house repairs, constitutes a violation of the security administration and is dealt with by public security authorities in accordance with the provisions of the Law on Security and Safety of the People's Republic of China.

Article 25. Staff members of hazardous housing management and other relevant administrations misuse their functions, favour private fraud, play a role and are subject to administrative disposition by their units or superior authorities; and constitute criminal liability by law.

Article 26, in violation of this approach, causes loss of life property to others as a crime and is criminalized by law.

Chapter V

Article 27 governs the management of dangerous homes in rural collective land may be implemented in the light of this approach.

Article 28 of this approach is implemented effective 1 December 2012, with the abolition of the stream Urban Dangerous Housing Management Scheme (No. 53 of the Municipal Government Order) issued on 29 October 1997.