Hohhot City Housing Use Safety Management Procedures (Trial Implementation)

Original Language Title: 呼和浩特市房屋使用安全管理办法(试行)

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379271.shtml

Hohhot city housing use safety management procedures (trial implementation)

    (August 24, 2012 municipal people's Government at the 47th Executive session on September 6, 2012, Hohhot municipal people's Government announced 4th October 20, 2012) Chapter I General provisions

    First to strengthen safety management for housing, protecting public interests to protect the lives and property of citizens, legal persons and other organizations security, in accordance with relevant laws and regulations, combined with the city's actual, these measures are formulated.

Article has been completed and delivered within the administrative area of the city housing use safety management, housing safety assessment and risk management procedures apply for housing.

    Laws and regulations for the army, religious organizations, cultural relic protection unit safety management otherwise provides, from its provisions.

    Article housing use safety management should follow the legal use, the principle of putting prevention first and combining prevention, ensure safety. Fourth, housing, housing, housing management Department is the Administrative Department of security, the housing use safety management under the institutions specifically responsible for the implementation of these measures.

The flag, County and district building management is responsible for housing use safety supervision and management within their respective jurisdictions, business, housing and housing management oversight and guidance.

    Development and reform, urban and rural construction, planning, safety, law enforcement, public security, defence, industry and commerce, quality supervision, earthquakes and other sectors in accordance with their respective responsibilities, cooperative housing use safety management.

    Fifth article of any units and individuals have the right to violate the housing use of safety reports, complaints.

    Chapter housing use safety management

Sixth house owners housing using the security responsibility.

Housing ownership, users should follow the House's design uses reasonable use of housing, not destroying or altering the structure shall not affect the safety of adjacent houses.

    Owners should regularly check the housing for housing maintenance, damage was found and timely treatment, in order to ensure building safety; House shall promptly furnish owners, Trustees report found security issues, in conjunction with the housing inspection and maintenance, security identification, security, governance and other activities. Article seventh housing unit, the trustee shall do within the scope of management housing use safety management and inspection and maintenance work, find housing use safety violations should be discouraged, stopped.

    Refusing to accept the management's and shall promptly report to the housing using the Administrative Department of security.

Eighth prohibits the following actions undermining the structural safety of housing:

(A) dismantles, changes in the main building and the load-bearing structures;

(B) illegal over the design standards increase the use of load;

(C) changing use, affecting the safety and durability of housing;

(D) opening hole, add doors and Windows building, demolition or expanding the existing door and window size;

    (E) other acts of undermining the security of housing structure.

Nineth housing using the Security Administrative Department should strengthen supervision and inspection, against stopping, investigating the behavior of the housing security, timely information and complaints of unsafe housing.

    Except as provided in this article eighth pose a security risk by the Housing Authority, the housing using the Security Administrative Department shall issue notice of the housing problems, ordered to house owners repair, reinforcement of limited duration.

    Tenth Article units should in new housing delivered using Shi, will housing of subject structure, and bearing structure, and seismic structure, and fire facilities and housing of design using years, and seismic capacity, and using maintenance maintenance requirements, matters written told purchase people, according to provides will housing building information transfer trustee management people, and in handle property registration Shi will related technology information sent housing using security administrative competent sector, established housing using security information archives. 11th new courses with accommodation, dining, bath, dance halls, Internet cafes and other service sectors, the relevant administrative departments in the relevant licenses required when inspecting business premises, shall verify the security situation in the operating room. Business premises unsafe, shall require the applicant to provide the housing safety evaluation report.

    On hazardous House as a place of business, not for the relevant license.

    Services required by various administrative authorities in the previous paragraph, operating room safety inspection the first responsibility for the approval process requires identification of the place of business units.

    Chapter House safety appraisal

12th of municipal housing and housing Administrative Department of the establishment of housing security and authentication institution, responsible for the safety appraisal of city housing, the basis for its conclusions is that the security situation.

    Housing staff safety identification shall have relevant expertise, specialized training, and certified.

    13th house owners, users or of the trustee that the security problems of housing, can assure security accreditation bodies apply for housing.

Any of the following circumstances, housing ownership shall apply to the security identification identification:

(A) over housing design life should continue to use;

(B) structural damage due to accident, still needs to continue to put into use;

(C) failing to complete the construction approval process has been put into use in housing, does not determine its safety;

(D) change of use use endanger the safety of houses;

(E) increase housing demolition for housing the main load-bearing structure design load;

(Vi) structural cracks, deformation, endanger the safety of houses such as differential settlement of Foundation;

(G) education, science and technology, culture, entertainment, radio and television, sports, health, transportation, business services, the job market and other crowded public buildings, design life span more than half every period of 5 years without identification; meet the design life, want to continue to use, and safety appraisal of once every two years; 

    (VIII) other safety evaluation should be carried out according to law.

14th the applicant shall follow the price administrative departments approved standard pay House safety appraisal fees, and human factors lead to security problems in housing, identification of costs borne by the accident. People, entrusted with the management of housing units and other interested people find the House unsafe, can ask the owner to safety appraisal of housing. Safety appraisal of housing ownership refused to apply for the housing, housing employment, fiduciary management units and other interested parties can submit to the accreditation body safety appraisal of housing.

    Was identified as a risk House, identification of the house owner's expense; identified as non-dangerous housing, identification of costs borne by the client.

15th House safety appraisal of the applicant shall submit the following materials: (a) the housing safety instructions;

(B) the identity of the applicant;

(C) housing, lease contracts or other valid proof of recognition of their civil rights;

    (D) other material should be provided by law. 16th House safety appraisal should be based on the national, State and city standards, and identification shall be not less than two persons.

The identification of particularly complex projects, accreditation bodies can be other hired professionals or invite the participation of staff from relevant departments identified. Accreditation body shall, within 15 working days to make home safety evaluation report; housing which is obvious dangers, should an immediate identification.

Housing complex track, issued by the Housing Authority may extend the term of the security report, and explained the situation to the applicant.

    House safety appraisal report consistent text formatting, marked "Hohhot housing safety seal".

    The fourth chapter of dangerous buildings management Article 17th identified pertaining to housing, housing safety evaluation appraisal report should be issued by the Agency and submitted to the municipal housing Administrative Department of security.

    Municipal housing issued by the Administrative Department of security should be based on the appraisal report in time the notification of dangerous buildings, and puts forward opinions.

Article 18th identified pertaining to housing, housing ownership should be based on identification and home use made by the competent administrative Department of security management in accordance with the following situations:

(A) identification for observation, in the identification of observed within the time frame indicated in the report;

(B) the identification used for the treatment, identification shall, in accordance with the requirements of reporting restrictions on the use of moving out of position, building owner shall entrust the original design or design unit with the appropriate level of qualification programme, take appropriate measures to control and follow the design determine the subsequent use of the life;

    (C) identification for discontinued, removed as a whole, users should stop using immediately moved out people refused to move out of the housing using the Security Administrative Department shall be ordered to stop using. 19th all house owners of abutting owner of dangerous buildings, to meet their governance responsibilities. Governance costs required by the ownership share.

    Refusing to take responsibility, Administrative Department of security used by the housing adjustment; any party dissatisfied with, a people's Court according to law. 20th house owner, responsible for the accident on dangerous houses refusing to governance, the housing using the Security Administrative Department shall order the prescribed period of time, the Elimination of risk.

    Because they do not control could jeopardize public safety, housing using the Security Administrative Department should apply to a people's Court for compulsory execution.  Article 21st? Due to earthquakes, floods and other natural disasters, or other factors lead to significant distress in housing, housing security administrative departments shall organize safety appraisal of housing agencies to identify major emergency housing, and will identify promptly report to the municipal people's Government.

To emergency housing in accordance with State and municipal emergency regulations.

    City flag, County, and district governments should set up special funds for governance, identification of dangerous houses, for an emergency repair, reinforcement and demolition, as well as people moved out of the place of residence and other fees.

    The fifth chapter legal liability
22nd article violates this article eighth paragraph (a) provides, in accordance with the regulations on the management of construction engineering quality 69th of the rules will be punished.

Non-residential house in violation of the article eighth paragraph (ii), (iii), (iv) provisions of the housing using the Security Administrative Department shall order house owners, the use of human restitution, take measures of limited duration, may be fined a maximum of 1000 Yuan.

    Residential houses the eighth paragraph (b), (c), (d), in accordance with the management measures of residential interior decoration will be punished.

    23rd violates the 13th paragraph these measures shall apply for housing safety testing of applications from housing use safety administrative authorities shall order its deadline to apply for identification, informed the identification requirements and does not apply the legal consequences still does not apply overdue, may be fined a maximum of 1000 Yuan.

    24th production and business operation entities was identified as a risk House of production and operation, does not have the safety conditions, work safety supervision and management departments to be dealt with according to the relevant laws and regulations.

    25th article housing using the Security Administrative Department staff negligence, malpractice and abuse their powers shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 26th housing security and authentication institution issues a false report or report a serious error, by using the Security Administrative Department responsible for housing criticized serious, cancel its qualifications.

    Identified as a risk House to notify applicants and report housing Administrative Department of security measures caused the loss of shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles

Meaning of related terms in the 27th article this way:

    (A) dangerous houses: refers to the 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.

    (B) trustee: refers to the housing owners delegate, in accordance with the provisions and conventions on housing use safety management of property services companies or other entities or individuals.

    (C) the main building: refers to the structure of housing entities, including roofs, floors, beams, columns, supports, walls and the connection point and the Foundation.

    (D) bearing structure: refers to itself directly to weight with various external forces passed to the Foundation of the system of main structural components and its point of attachment, including load-bearing wall, pole, column, columns, piers, floors, roofs, foundations, beams and roof trusses, cables, etc.

    28th of municipal housing housing management departments in accordance with this approach to the implementation details. 29th article of the rules take effect on October 20, 2012.