Guiyang Interim Measures For The Management Of Decoration

Original Language Title: 贵阳市装饰装修管理暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201210/20121000377287.shtml

Guiyang interim measures for the management of decoration

    (May 21, 2012 Executive meeting of the Guiyang municipal people's Government on May 25, 2012, Guiyang municipal people's Government announced as of August 1, 2012, 9th) Chapter I General provisions First article for strengthening decorative decoration activities of management, specification market order, guarantees decorative decoration of engineering quality and security, maintenance public interests and decorative decoration activities party, and interest relationship people of lawful rights and interests of, according to People's Republic of China building method, and construction 212 drive quality management Ordinance, and property management Ordinance, and Guizhou province building market management Ordinance, and Guiyang housing using Security Management Ordinance, and residential indoor decorative decoration management approach, legal, and regulations, and regulations of provides,

    This municipality actually, these measures are formulated.

    Article working in the administrative area of the city decoration activities and implement regulatory decoration activities shall abide by these measures.

    Decoration in these measures refers to use of decoration materials, building, structure, appearance and modified internal processing activities, including the decoration of public buildings (including glass curtain wall), and House decoration.

    Decoration of people mentioned in these measures refers to the decoration of buildings and structures construction units, owners or users.

    Article decoration activities shall comply with town planning, building energy-saving, quality, safety, fire, seismic, environmental protection, urban management, property management and other relevant provisions shall be without prejudice to national interests, public interests and the legitimate interests of others.

    Encourage the introduction of new environmental protection and energy saving technologies, new materials, new technology.

    On newly-built commercial residential real estate development enterprises are encouraged to provide decoration in the finished room and menu style decoration boutique room use, advocates a gradual reduction roughcast supplied.

    Fourth of municipal housing and urban-rural construction administrative departments supervise management responsible for decoration of the city activities, their decoration management body responsible for daily work.

    Districts and counties (cities) housing and urban-rural construction administrative departments in charge of decorating the supervision and management of the activities within their respective jurisdictions.

    Industrial, urban and rural planning, fire, urban management, environmental protection, quality and technical supervision (City law enforcement), tax, statistical and other administrative departments, according to their respective duties, in collaboration with decoration of the supervision and management work.

    The fifth housing and urban-rural construction administrative departments should strengthen guidance for decoration industry associations.

    Decoration industry associations shall strengthen self-discipline, industry services, standard industry code of conduct. Sixth for acts in violation of these rules, any unit and individual have the right to report.

    Receive reports, complaints Department and shall promptly investigate and deal with.

    Chapter II general provisions

    The seventh in the city engaged in decoration and design, construction and supervision of enterprises, shall obtain the appropriate level qualification certificate, party decoration and renovation activity within their level of qualification.

    Qualification application, qualification criteria and scope respectively, according to the Ministry of construction, the construction Enterprise qualification management regulations, the construction Enterprise qualification grade standard and the construction survey and design enterprise quality management regulations, the architectural design of the qualification grade standard regulations.

    Construction of building decoration enterprises shall obtain a safety license.

    Article eighth decoration activities of professional and technical personnel, shall obtain the appropriate certificate of qualification and licensing to determine the decoration and renovation activity within.

    Nineth decoration enterprises outside the province, decoration activities in this municipality, shall, in accordance with the relevant provisions to set up branches and provincial housing and urban-rural construction Administrative Department filing procedures.

    Materials used for decoration of the tenth article should comply with the design requirements and national quality control standards, hazardous substances and combustion performance, and product quality inspection qualified certificate and marked in Chinese products names, specifications, types, production and the use of the business name, address and other identification.

    Prohibiting the use of unqualified, the State has been officially eliminated or not in compliance with the national indoor environmental pollution control and other related norms and standards of decoration materials.

    11th decoration people according to law and decoration decoration signed construction contracts.

    Decoration and fitment engineering contract contract demonstration text should be used, and includes the following:

    (A) the parties ' names, addresses, contact information;

    (B) the decoration and fitment engineering and Contracting;

    (C) the main materials used in decoration name, brand, model, size, grade and quantity;

    (D) the time of commencement and completion;

    (E) the price and method of payment, duration;

    (F) quality requirements and inspection approaches;

    (VII) scope, duration of warranty;

    (VIII) breach of contract and the ways to resolve disputes;

    (I) the parties consider it necessary to clear other terms.

    12th dangerous housing decoration should not be conducted.

    13th decoration activities, the following actions are forbidden:

    (A) without original design enterprise agreed or has corresponding qualification grade of design enterprise proposed design programme, unauthorized changes building subject, and bearing structure or obviously increased load contains, demolition bearing wall, and column, and Board and based structure, demolition bearing wall or in bearing wall Shang excavation closet, and doors and Windows hole, over design standard increases load contains, in floor surface structure layer dug hole or expanded hole, for increased housing using space reduced housing ground to ping elevation;

    (B) to change the room, balcony bathroom;

    (C) damage to the original energy-saving facilities or buildings barrier-free facilities;

    (D) unauthorized disassembly, modification or gas pipeline facilities;

    (E) the discharge of domestic sewage into storm sewer;

    (Vi) without approval of the competent administrative Department of town and country planning, buildings and structures built without authorization or change of use, elevation, color and appearance of the original design format;

    (VII) dismantles and construction related to the fire safety facilities, fittings, or by public security fire control institutions for approval without changing the building fire protection distance, fire, fire, fire safety evacuation conditions;

    (H) the occupation of public space or damage to public areas and facilities;

    (I) affect the structural safety of buildings, structures or other safe behavior. 14th involving changes in the main building, the load-bearing structure of the building decoration engineering, decoration shall be commissioned before the construction of the original design unit or have the appropriate qualifications and design unit of construction drawing design documents, review and submit construction plans review bodies.

    Construction drawing design documents of the uncensored, not construction.

    15th when the users of the building decoration on buildings, should ask the written consent of the owner of the building; while going through relevant procedures, shall provide written consent and the building lease contract.

    Article 16th decoration activities, should deal with drainage, water supply, power supply, gas supply, traffic, sanitation, ventilation, lighting, smoke emissions, such as adjacent relations, adjacent to and without prejudice to the legitimate rights and interests of the owner or occupier.

    Article 17th decoration activities, steps should be taken to, strengthening the safe management of inflammable materials, use, preventing all kinds of construction site dust, harmful gases, solid waste, waste water, noise, vibration, pollution and damage to the environment.

    18th decoration works to implement quality warranty system.

    During normal conditions of use, decoration works a minimum warranty period of 2 years, water resistant requirements of bathrooms, rooms and exterior wall anti-leakage minimum warranty period is 5 years.

    Warranty from the date of decoration and fitment engineering acceptance of calculations.

    Decoration engineering quality problems occurred during the term of warranty coverage and warranty, decoration and construction side should fulfil its warranty obligations and liability for damages caused.

    19th decoration on entry into service, it shall comply with the indoor air quality indoor air quality standards and the demands of indoor environmental pollution control norms.

    20th indoor air quality testing unit, shall obtain the appropriate certification, and responsible for its testing conclusion issued by. Article 21st of Housing Department and other relevant departments shall conduct supervision and inspection on a regular basis, decorated decoration, design, construction and supervision of each Party shall cooperate and provide the necessary information, documents, and so on.

    Shall not refuse or impede personnel from performing their duties of supervision and inspection.

    22nd article for decoration business and related fields should be introduced for public confidence in a system and quality assurance system.

    Chapter III public construction decoration

    23rd decoration should be public construction and decoration projects with appropriate level of qualification interior architecture design, construction, supervision of design, construction and supervision.

    24th construction decoration design, construction, supervision and with regard to the construction of important equipment and materials procurement, to one of the following, tenders shall be:

    (A) the relationship between public interests, public safety infrastructure projects;

    (B) public utilities in the public interest and public safety projects;

    (C) State-owned funds investment projects;

    (D) State-financed projects;

    (E) the use of international organizations or foreign government loans or aid projects.

    Laws and regulations on construction project bidding provisions of range, from its provisions.

    25th comply with the provisions of the preceding article within the scope of various types of construction projects, including the decoration of the project design, construction, supervision and with regard to the construction of important equipment and materials procurement, to one of the following size criteria, tenders shall be:

    (A) the construction items in 2 million Yuan more than the estimated price of the contract;

    (B) purchase important equipment and material estimation of individual contract price of the goods in more than 1 million Yuan;

    (C) the design, supervision and other services in 500,000 yuan more than the estimated price of the individual contract;

    (D) single contract estimated below this section (a), (b), (c) scope of the provisions of the standard, but projects involving a total investment of more than 30 million Yuan. 26th invested more than 300,000 yuan, or an area of 300 square meters and relates to buildings and structures the structural safety of the decoration of public buildings or public safety project, before construction, decoration to the project is located above the county level shall be in accordance with housing and urban-rural construction Administrative Department application for a construction permit.

    Failing to obtain a construction permit, shall not commence.

    Except as provided in the preceding paragraph the decoration of public buildings and filing system.

    27th lawfully required to obtain a construction permit public construction decoration works together with the main project contract, should be handled in conjunction with the main part of the project of construction permits procedure; not employer together with the main part of the project, construction licensing procedures should be handled separately.

    28th decoration and one application for a construction permit, subject to the following conditions, and provide the supporting documents:

    (A) has determined that construction of building decoration enterprises;

    (B) to meet the construction needs of construction drawings and technical information, and construction drawing design documents had been reviewed in accordance with the provisions;

    (C) ensure the safety of public construction quality of building decoration and specific measures, and in accordance with the provisions of the project registration record or the winning record, engineering quality supervision, safety and fire protection audits and other procedures;

    (D) public buildings decoration engineering supervision according to law has entrusted supervision;

    (E) the decoration of funds have already been implemented;

    (Vi) the raw materials used in decoration must comply with quality and safety requirements;

    (VII) other conditions stipulated by laws, rules and regulations.

    29th building decoration construction companies must in accordance with design requirements, technical standards and contracts for construction, decoration materials, construction fittings sent harmful substances testing qualification testing of its content, strength and flammability test without testing or not qualified, shall not be used. 30th public before project completion acceptance of building decoration, decoration shall be commissioned on indoor air quality indoor air quality testing unit for testing.

    Failed to pass the test, interior architecture construction enterprise reform should be carried out without rectification shall not be put into use, and in accordance with the parties to the contract undertake the corresponding responsibilities.

    31st decoration shall be in accordance with organizational design, construction, supervision and other relevant public acceptance of building decoration engineering.

    Public acceptance of building decoration engineering shall satisfy the following conditions:

    (A) completion of the engineering design and the elements of the contract;

    (B) the complete technical file and the construction of management information;

    (C) projects using the main decoration materials and decoration fittings into the test report;

    (D) the design, construction, supervision and quality document signed by enterprises;

    (E) signing of construction Enterprise Engineering warranty books;

    (F) engineering quality supervision departments and fire departments to sign a legal document;

    (VII) other conditions stipulated by laws, rules and regulations.

    Decoration shall public building decoration project completion date of acceptance in the 15th, following the completion of inspections, indoor air quality test report issued by the public security and fire departments authorized file works above the County housing and urban-rural construction administrative departments.

    32nd decoration shall be in accordance with State regulations on file management, collect, collate documentation for public construction and decoration projects, establish and improve the decoration of public buildings projects archive, to project above the County housing and urban-rural construction administrative departments related to the transfer of administration of urban construction archives project files.

    The fourth chapter House decoration

    33rd decoration shall be encouraged who qualified decoration design, construction and supervision of residential house decoration and engineering design, construction and supervision.

    Decoration authorized decoration construction enterprise units or individual decoration project for the construction of the House, their personnel engaged in, such as water, electricity, pipeline construction, shall obtain the appropriate professional qualification certificates.

    Article 34th in electrical construction decoration enterprises, shall be to the district and County (City) Department of housing and urban-rural construction contracts registration.

    35th real estate Enterprise Unified decoration of sales of commercial housing, both parties shall share in the contract of sale of commercial housing residential decoration and fitment engineering warranty to agreed, the warranty period, the warranty liability.

    Real estate development enterprises to deliver a unified decorating commodity House, should provide the real estate buyer's residential house decoration and drawings, indoor air quality testing report and includes home warranty, home of House decoration instruction manual.

    36th real estate development enterprises to sell real estate buyer is not unified decoration of commodity housing, which provides residential instructions should be clearly prohibited in housing decoration and considerations.

    Develop interim management rules of the prophase Realty real estate development enterprise should include specification of residential house decoration and contents.

    37th decoration of residential decoration, need to build units or real estate service businesses, community service centers, other management provided in charts, electrical and other pipeline route map, the aforementioned units shall be provided.

    Article 38th decoration in the House decoration projects begun, shall provide the Realty service enterprise or community service center, the other Manager to register and provide the following materials:

    (A) property ownership certificate or a copy of valid documents to prove their lawful rights and interests; decoration are occupiers, should also provide written proof housing decoration and renovation of the owner's consent;

    (B) construction of residential house decoration and engineering programmes;

    (C) relates to matters specified in this article 13th, should provide approvals documents, authorities agreed to a written certificate or change design of the relevant units.

    39th decoration shall, together with the Realty service enterprise or community service centers, other managers House decoration services agreement.

    House decoration services agreement shall contain the following contents:

    (A) the duration of residential decoration;

    (B) allows the construction of time;

    (C) the removal and disposal of waste;

    (D) residential facade installation requirements for facilities, security and other facilities;

    (V) prohibited acts and notes;

    (F) the collection and refund of deposit;

    (G) liability for breach;

    (VIII) other promise.

    40th decoration in residential decoration works before construction, adjacent to shall notify the owner or occupier.

    41st decoration contractors should be listed on the site, express construction unit, name and construction personnel and contact information, and to comply with relevant provisions of property management.

    42nd installation the laying of water pipes or toilet, kitchen waterproof layer of alteration, the construction unit shall, in accordance with standard waterproof construction and pressure test or a closed water test.

    Outside the 43rd closed balcony and air-conditioning, solar water heaters, anti-theft network, Sun shroud and other facilities, shall comply with the relevant provisions of the Statute and property management, keeping the buildings clean and tidy and beautiful.

    44th House decoration produced in the process of construction waste and construction debris should be agreed upon in the House decoration services agreement for stacking and transportation, not outside throwing, not to trash road, drains, vents, fire exits and other dumping. 45th House decoration activities causing the common parts, common facilities damaged or adjacent residential water, pipes get clogged, water power, decoration shall be responsible for repairing; cause damage to others shall be compensated according to law.

    Is a decoration contractor responsibility, decoration to which people can recover.

    Article 46th 12 o'clock to 14 o'clock, 20 o'clock to 8 o'clock, shall not affect adjacent property owners or use normal rest house decoration activity.

    47th article property service enterprise or community service center, and other management people should on residential decorative decoration activities for inspections, found decorative decoration people and decorative decoration construction party has violation this approach provides behavior of, should be discourage, and stop; on discourage, and stop invalid of, should timely report live built, and planning, and Chengguan (city integrated law enforcement), and police fire, and environmental protection, sector, about sector should law be processing.

    48th commissioned decoration construction companies after completion of the construction of residential house decoration, decoration and organization shall, in accordance with the contract acceptance. Decoration construction companies to deliver House decoration projects, the decoration should be issued by the residential decoration project quality warranty and all kinds of pipe line finish construction. Decoration and fitment engineering contract have agreed on indoor air quality, indoor air quality testing report issued by.

    Construction enterprise is responsible for the purchase and decoration material for decoration, decoration should be delivered mainly material certificate, instructions, warranty.

    Chapter fifth penalty

    The 49th in violation of the provisions of article 13th, by the relevant authorities in accordance with the provisions of the relevant laws, rules and regulations for punishment.

    50th acts in violation of these rules, provisions of the laws, regulations and rules have been made, from its provisions has not made the provisions of the laws, rules and regulations, in accordance with these regulations for punishment.

    The 51st article violates these rules, damage of the original energy-saving facilities or buildings barrier-free facilities, the Department of housing and urban-rural construction of the people's Governments above the county level administration a rectification, and fined 1000 Yuan fine.

    52nd in violation of the provisions article 30th on public construction and decoration projects indoor air quality testing, the Department of housing and urban-rural construction of the people's Governments above the county level administration rectification; fails, decoration can be put more than 3000 RMB 10000 Yuan fine. 53rd article violation this approach 35th article provides, real estate development enterprise delivered unified for decorative decoration of commodity residential Shi, not to housing buy by people provides residential decorative decoration engineering completed figure, and indoor air quality detection report or contains residential decorative decoration content of residential quality guarantee, and residential using manual of, by County above government housing and urban and rural construction administrative competent sector ordered deadline corrected, and sentenced illegal proceeds 3 times times following not over 30000 Yuan of fine,

    No illegal gains of more than 5000 Yuan less than 10000 fine.

    54th housing and urban-rural construction Administrative Department and other relevant departments and their staff, one of the following acts, to managers directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) to investigate the reported breaches of the decoration are not processed;

    (B) failure to perform a duty of supervision and inspection, resulting in accidents;

    (C) in violation of regulations, approval, issuance of construction permits;

    (D) other acts of abuse, malpractice, neglect their duties.

    The sixth chapter supplementary articles

    Public buildings in 55th article of the rules for business, Office, teaching, health care, public places of entertainment, sports and non-residential.

    Real estate development companies for decoration of newly-built commercial residential unity, these measures shall apply to provisions relating to public management of building decoration.

    56th laws and regulations on ancient architecture, important modern buildings and the military provisions of decoration of the building, from its provisions. 57th these measures shall come into force on August 1, 2012. Guiyang City, the original decoration regulations repealed simultaneously.