Zhengzhou City Housing Security Management Measures

Original Language Title: 郑州市房屋安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379350.shtml

Zhengzhou city housing security management measures

    (September 3, 2012 the 88th meeting of the people's Government of Zhengzhou city considered by people's Government of Zhengzhou city, on October 6, 2012 announced order No. 206, come into force on December 1, 2012) Chapter I General provisions

    First to strengthen the security management, protection of housing security, maintenance of public security and the public interest, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article within the administrative area of the city housing security management in construction and commissioning according to law, these measures shall apply.

    Article III shall follow reasonable safety management for housing use, the principle of putting prevention first and combining prevention, ensure safety.

Fourth city, County (city, district) people's Governments shall strengthen the unified leadership of the safety management for housing within their respective administrative regions, organize relevant departments to do the safety management for housing.

    City, County (city, district) people's Governments shall formulate emergency plans for housing, organize the administrative emergency housing.

Fifth City real estate management Department is responsible for the safety management of municipal housing, organize the implementation of these measures.

    Urban and rural construction, urban and rural planning, urban management, finance, public security, civil defense, price, safety supervision and management departments shall, in accordance with their respective responsibilities, to do the safety management for housing.

The sixth County (municipal and district) property management departments in accordance with the territorial principle is in charge of the management of housing safety management work in their respective administrative areas.

    The township (town) people, neighborhood offices responsible for safety supervision and management of the self-built housing within their respective jurisdictions, to assist counties (cities, districts) property management departments of safety management for housing.

Article seventh city, County (city, district) people's Governments shall organize regular census of housing security within their respective administrative areas, and implementation of security management.

    Security surveys, risk costs such as housing emergency into government budgets at the same level. Article eighth any units or individuals found to have violated these rules of conduct, the right to property management reports, complaints.

    City, County (city, district) property management should be investigated and prosecuted in a timely manner.

    Chapter housing use safety management

    Nineth housing ownership housing, safe responsible.

Tenth house owner in housing can use security management, you can also entrust the Realty service enterprise or any other entity, personal management. Commissioned by the receiver shall, in accordance with agreed to take on housing use safety management responsibilities.

    Provisions of laws, regulations and rules, from its provisions.

11th House on its own management unit or units shall be provided for the establishment of the Housing Authority was entrusted with the management of security management, equipped with security administrator for housing and to County (municipal and district) property management Department.

    Security administrators should have the architecture and building and facilities management expertise.

Delivery of the 12th house when in use, the quality of the construction unit shall submit the certificate and housing performance indicators set forth in the manual, the use of maintenance requirements.

    Safe use of building quality housing, construction, survey, design and construction, the engineer shall bear corresponding responsibility.

    13th the township (town) people's Government, the subdistrict office of self-built housing within their respective jurisdictions should be relevant procedures, safety inspections, self-built housing or housing using persons shall cooperate with.

14th home owner, home use shall maintain the overall structural safety of housing, the housing design of the structure and use of fair use, not to affect the security of adjoining houses.

House owner or entrusted with the administrator shall maintain the House, threatens housing Security Act are entitled to be stopped.

    Housing found safety hazards shall timely inform the house owner, the delegated manager, and with checks for housing maintenance, safety and security risk management.

15th prohibits the following acts affecting housing use safety:

(A) unauthorized changes in housing the main building or structure;

(B) without exceeding design loads used housing;

(C) the lower housing interior elevation at the bottom;

(Iv) installation of structural safety of housing facilities and equipment;

(E) the illegal storage of explosive, toxic, radioactive, corrosive and other dangerous items;

(Vi) damage, misappropriate or unauthorized dismantle and stop use fire control, civil air defense facilities, equipment;

(VII) take up, the jam, close the housing of evacuation routes and safety, as well as other acts that impede the safe evacuation;

(VIII) damaged or dismantles or water supply, sewerage, electricity, gas, heating equipment, lightning protection equipment, elevators and other facilities;

    (IX) other acts in violation of laws, rules and regulations.

    16th in the city urban planning area housing or housing used to build buildings, structures, or change the House facades, in non-load-bearing walls doors, Windows and changing the nature, it shall be approved by the competent administrative Department of town and country planning to be implemented.

17th for the interior decoration of residential housing, should be entrusted with the management of people register and submit the following information:

(A) the housing ownership certificates;

(B) identification of the applicant;

    (C) change in housing the main building or structure, design standards increase the load of the floor, and require submission of original design or design unit with the appropriate qualification of design. The 18th was entrusted with the management of residential housing interior decoration shall be prohibited and the note in writing inform the house owner and on-site inspections of decoration project.

    For violations of these rules may affect housing and security, should be discouraged in a timely manner, ask for correction; it refuses to, shall be located, County (city, district) property management reports.

    Chapter House safety appraisal management 19th House safety appraisal by a lawfully established housing safety evaluation agencies.

House safety appraisal report of the identification of the bodies was found housing based on the security situation.

Housing safety identification personnel should have appropriate expertise and training.

    House safety appraisal of the legally established units outside of the body shall not issue safety evaluation report.

20th under any of the following circumstances, housing or housing construction should delegate the security accreditation bodies were identified:

(A) meet the housing design life continue to use; 

(B) schools, kindergartens, hospitals, stadiums, shopping malls, theaters, hotels, underground parking places of large public buildings such as libraries and crowded housing, to design working life of more than half; 

(C) it appeared structural cracks, deformation, signs of uneven settlement of Foundation using security;

(D) demolition for housing the main structure, significantly increased the load; 

(E) victims of natural disasters or accidents, House structural damage occurs;

(F) adjacent to the construction site, distance, depth of Foundation excavation of Foundation pit twice times range;

    (VII) other housing identification should be carried out according to law.

    21st article this approach 20th article subsection (a) items of housing should each across a years for once identification; subsection (ii) items of housing each across 5 years for once identification; subsection (three), and (four), and (five) items of housing should in effect housing security of situation appeared Shi, timely application identification; subsection (six) items of housing by units in pit, and based construction excavation Qian delegate identification.

22nd Commission House safety appraisal, shall provide the following information:

(A) the housing safety instructions;

(B) the basic situation of the client certificate;

(C) housing or other valid certificates;

(D) housing-related technical information;

    (E) the laws, rules and regulations should be provided with additional information.

23rd housing safety accreditation body should be based on national norms and standards for identification.

    House safety appraisal agencies when two or more members shall participate in.

    24th security identification Office shall receive within 20 working days from the date on which the Commission issued report; housing complex structure and identification difficult, extend evaluation period shall not exceed 10 working days and should issue a written statement from the principal.

The 25th House safety appraisal agencies and examiners on appraisal report issued by bear legal responsibility according to law.

    No unit or individual shall interfere in accordance with identification may not be forged or altered identification report.

26th Commission House safety appraisal, the principal shall, in accordance with the provisions to House safety appraisal agencies pay the appraisal fee.

    Safety appraisal of residential housing, legally approved for low-income families, low-income families, and unable to bear the costs of identification of dangerous buildings, can contribute to the city and County (City), shangjie District real estate management application in writing and submitted to the approval of the people's Government at the relief. 27th House safety appraisal institution shall report in accordance with the regulations submitted to the municipal and County (City), shangjie District real estate management Department.

    Was identified as a risk House, city and County (City), shangjie District real estate management Department shall, within 3 working days from the date of receipt of the record announced to the public.

    Fourth chapter of dangerous housing management

28th was identified as dangerous housing, housing ownership should be according to House safety appraisal report of dangerous houses respectively to take the following measures:

(A) observe, apply appropriate security measures, short-term use, but needs to continue to watch the House;

(B) processing, applied to take appropriate technical measures, you can unlock the risk of housing;

(C) stop using, apply repair value-free, temporary inconvenience removed without jeopardizing the safety of adjacent buildings and others housing;

(D) the overall removal, apply to the whole risk value and there is no renovation, housing to be immediately removed.

    Adjoined houses natural damage, was identified as a risk House, jointly by house owners take measures to lift risk costs in accordance with their proportion to their floor space of buildings. 29th dangerous housing governance prior to or during normal use, no transfer, lease or as working capital.

    Housing ownership should be set to prevent others from entering the fenced or obvious signs of dangerous buildings.

    30th the County (city, district) property management departments should urge the housing ownership and timely treatment of dangerous buildings and dangerous home improvement check and record the results reinforce and remove danger.

31st dangerous housing in any of the following circumstances, the local County (municipal and district) Government Organization related to real estate management sector consolidation, repairs, demolition, renovation and other measures on behalf of management:

(A) endanger public security, house owners refused to governance;

(B) the housing ownership difficulties of weak governance. Governance costs borne by the housing.

    Legally approved for low-income families, low-income families, and couldn't afford to risk governance costs of housing, to the County (city, district) a written application to the property management Department and submitted to the approval of the people's Government at the relief.

32nd dangerous houses as the only living rooms, house owners, housing the housing is located County (municipal and district) people's Government is to seek transitional housing.

    Risk governance of housing after the house owner, House must move out within the prescribed transitional housing; fails to move, according to rental market prices of rent in the region.

    33rd city, County (City), Census of shangjie district people's Government should be out into dangerous buildings to transform priorities into urban construction planning.

    34th emergency housing should be carried out in accordance with the emergency regulations.

    Chapter fifth penalty

    35th acts in violation of these procedures, laws, regulations, administrative penalty provisions have been made, from its provisions; losses caused, he shall bear civil liability.

    The 36th article violates this article 15th (a) to (d) the provision, by the city and County (city, district) property management a rectification; it refuses, up to 5000 Yuan and 10,000 yuan fine.

    37th article violates these measures set forth in the 20th, 21st, house owners or the owner is not in accordance with the provisions of the safety assessment, by the city and County (city, district) property management a rectification; fails, more than 2000 by the property management Department fined 5000 Yuan. Article 38th House safety appraisal issued a false report, by the city and County (city, district) property management departments to impose a penalty of more than 10,000 yuan to 30,000 yuan.

    Directly responsible to the judge fined 1000 Yuan and 3000 Yuan fine.

    39th article violates article 28th of these measures, housing is not based on the appraisal report of dangerous housing and timely treatment, endanger the safety of the public, by the city and County (city, district) real estate management authority shall order management, refusing to control damaging fined 5000 Yuan and 10,000 yuan fine.

    Section 40th siege, abused, beaten or otherwise impede real estate management staff to perform security management responsibilities, in violation of the People's Republic of China Law on administrative penalties for public security, for punishment by public security organs constitutes a crime, criminal responsibility shall be investigated according to law.

41st property management Department and township (town) people, neighborhood offices and its staff has one of the following situations, by their work units or agencies with administrative privileges shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) refuse to investigate and deal with acts in violation of safety management for housing;

(B) to identify dangerous houses, was not announced to the public;

(C) does not urge the housing ownership of dangerous housing and timely treatment;

(D) failing to perform their safety oversight responsibilities for housing, major security incidents;

    (E) abuse of power, dereliction of duty, favoritism and other violations.

    The sixth chapter supplementary articles

    42nd religious and cultural relic protection units of housing and safety management in accordance with the relevant provisions of the State. 43rd these measures shall come into force on December 1, 2012.  On July 11, 2003, Zhengzhou municipal people's Government published by risk management of housing (municipal people's Government, the 125th) repealed simultaneously.