Xining City Housing Security Management Measures

Original Language Title: 西宁市城市房屋安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201206/20120600369084.shtml

Xining city housing security management measures

    (5th of March 29, 2012, Xining municipal executive meeting April 10, 2012 Xining Municipal Government announced come into force on the date of promulgation, 111th) Chapter I General provisions

    First in order to strengthen management of urban House safety and ensure housing safety, safeguard public interest, according to the provisions of relevant State laws and regulations, combined with the city's actual, these measures are formulated.

Second city on State-owned land within the administrative area of the House and its outbuildings have been built using this approach to security management.

    Laws and regulations for the army, religious groups and cultural relic protection units of housing provisions of security management, from its provisions.

    Article III safety management for housing in these measures refers to protect building structural safety and management, including the housing use safety management, safety management, risk management.

    Fourth housing safety management should follow the prevention first and combining prevention with treatment, principles that ensure security.

Fifth of municipal housing administrations are responsible for management of the Housing Authority of the city, district and County real estate administrative departments in accordance with the Division of responsibilities is responsible for security management within their respective jurisdictions. 

    Planning, construction, public security, industry and commerce, development and reform, fire services, urban management, and safety and other relevant departments shall, in accordance with their respective responsibilities shall coordinate the implementation of these measures.

    Sixth, real estate administrative departments shall establish comprehensive housing use safety management system to promote working knowledge of security, strengthen the supervision and inspection of housing security, time to stop and investigate acts of undermining the security of housing.

    Chapter housing use safety management

    Article seventh house owners, users should be in accordance with the structure and use of housing design and reasonable use, safeguard the overall structural safety of housing.

Eighth house owner, who engage in the following behavior, should be to the municipal real estate administration record:

(A) the demolition of load-bearing beams, columns, slabs and infrastructure;

(B) the demolition bearing walls or excavation on the bearing wall cabinets, door and window opening;

(C) design standard features such as increased load changes likely to endanger the safe use of housing;

(D) dug the hole in the floor layer or expanding the hole;

(E) to increase the use of space of housing lower housing ground floor elevation or change features such as layer, expansion;

    (F) the demolition of schools, hospitals, shopping malls, hotels, restaurants, theaters, stadiums, high-rise buildings and other large buildings with seismic, fire the whole function of non-load-bearing structure.

Nineth filed the applicant shall submit the following materials:

(A) housing application for change;

(B) the house owner or user identification;

(C) housing management authority in the registration certificate, the applicant is using should also submit proof of housing ownership agreed to structural changes;

(D) relates to the common parts, shall provide proof of employment agreed to change; (E) the House original design or design unit with the appropriate level of qualification of design. Request demolition matters do not involve building beams, columns, boards and other support structures and infrastructure and no design can be provided by the housing safety and feasibility assessment reports issued by the accreditation body.

    Design Unit, security accreditation body should be responsible for the programme issued by the. Tenth house owners, using persons apply in writing to the municipal real estate administration. Materials conform to established, shall, within seven working days from the date of acceptance of the site survey, relating to fire safety, fire department comments shall be solicited, if approvals are given answers.

    Is not granted, it shall inform the applicant in writing and state the reasons, materials do not meet requirements, real estate administrative departments should be informed at once corrected material.

Home owner or occupier in the 11th before the renovation, decoration, right to housing units for sale, property management companies, owners ' committees and transfer (rent) or urban construction archives and institutes for the main structure of the House, bearing structure, earthquake-resistant fireproof structure, housing the design life and function, are people who have an obligation to cooperate with the query.

    House again when the assignment or lease, transfer or lease of housing shall be the main structure, load-bearing structures, earthquake-resistant fireproof structure, housing design life and use notify assignees or lessee.

12th housing units should be the main structure of the House, bearing structure, earthquake-resistant fireproof structure, housing design life and functions inform the purchaser in writing, according to regulations and the transfer of building materials the prophase Realty service enterprise. The prophase Realty service enterprise building materials should be properly safeguarded in the House and shall be required to apply for change of behavior and considerations inform the house owner or occupier.

    After the establishment of the owners ' Committee or property services companies when there is a replacement, according to law the transfer of building materials.

    13th property management companies, owners ' committees and house units, the property unit of housing should be for its services and managed security monitoring, finds illegal use and decoration of housing and should be discouraged, found to have safety problems, Administrative Department should timely report the property, the property Administrative Department shall order corrective and remedial measures.

14th of municipal housing administrations shall establish safety management for housing archives, and organize relevant departments on a regular basis on the area of schools, kindergartens, nursing home, hospital, and other key units and shopping malls, hotels, theatres, entertainment venues and other public housing safety inspections, do security checks for housing records.

    Property management service, management units on the management or use of housing and ancillary facilities should manage security maintenance records, establishment of housing security files.

    15th of municipal housing administrations received the illegal use or decoration after the reports, complaints, should be accepted in a timely manner, and report the results answer or the complainant, should be governed by administrative law enforcement departments, timely transferred to other departments.

    Chapter House safety appraisal management

    16th House safety appraisal of housing security and authentication institution should be established by law.

17th under any of the following circumstances shall apply for housing safety assessment:

(A) housing over design life continue to use;

(B) schools, theaters, stadiums, shopping malls, restaurants and other public places to meet the design life of half of the (iii) natural disasters after an exception has to be continued;

(Iv) subjected to vandalism after an exception has to be continued;

(V) and piles of the tunnel project, construction of deep Foundation pit excavation and blasting engineering occupation of neighboring homes and auxiliary structures were damaged;

(F) no reporting procedures or without construction permits for housing have been put into use;

(VII) by the application of building, expansion, renovation, need to change the original subject of structural, load-bearing structure of the building;

(VIII) other housing identification should be carried out according to law. Housing identification by housing ownership people and the using people or housing location of district, and County property administration sector delegate; city property administration sector check found housing has Qian paragraph by column case, and housing ownership people, and using people, and units, not application housing security identification of, should ordered deadline proposed application; late not proposed application of, by city property administration sector specified housing security identification institutions for identification.

    Identification of cost units commissioned by the above (people).

    Article 18th abutting owner ownership people, people believe that improper use of the adjacent houses owner-occupied housing safety could be compromised, or that the project could damage the owner-occupied housing under construction, may apply for safety appraisal of housing.

    19th accreditation bodies can be accepted, the Judiciary commissioned safety appraisal of housing.

20th Commission House safety appraisal, should provide the following materials:

(A) the housing safety instructions;

(B) the identity of the client or legal proof;

(C) the building ownership certificate or with the effective identification of housing related civil rights certificate;

    (D) the provisions of laws or regulations should provide other materials.

Article 21st House safety appraisal agencies must be in accordance with the following procedure:

(A) commissions;

(B) investigate, ascertain the history and present situation of housing;

(C) site survey, detection, recording a variety of components damaged data and information;

(Iv) checking and finishing materials;

(E) a comprehensive analysis of argument, and make a comprehensive judgement, and proposed recommendations;

    (F) issue identification instruments.

    22nd article identification institutions should in accepted housing security identification application of day up 5 a days within for site survey, site survey of day up 10 a days within issued housing security identification report, housing structure complex, and identification difficulty larger, in 10 a days within cannot completed of, should to client description situation, and according to reality issued stage identification instruments, identification report validity shall not over 1 years. Security identification article 23rd, there must be two or more members attend, no unit or individual may obstruct regular House safety appraisal appraiser.

    Housing security accreditation bodies and identification of staff responsible for its conclusions.

Article 24th House safety appraisal fee should be made by the real estate administrative departments and by the price administration departments for approval before implementation. Appraisal fees charged according to the principles of who apply and who. Party disagrees with the conclusions, but at the date of the receipt of authentication documents application for recertification in the 15th. Re-appraisal, appraisal Agency shall specify identification personnel. Recertification applicants should pay the appraisal fee, expert conclusions, identification the identification of the applicant's expense.

    Conclusions are not consistent, identification of costs borne by the accreditation body. 25th House safety appraisal standards, implementation of national standards; not yet enacted national standards, implementation of industry standards.

    For industrial buildings, public buildings, high-rise buildings, cultural relic protection safety appraisal of construction, should also refer to the related technical standards, specifications and procedures.
The fourth chapter risk management

    26th housing has been identified as a risk House, House safety appraisal Agency shall promptly report to inform home owners or users, and will identify reports submitted to the municipal real estate administration. Municipal real estate administrative departments shall, without delay after receipt of the report to the house owner or issue the notification of dangerous buildings, and whether it is suspended or governance proposals.

    The notification of dangerous housing may apply as a special fund for the use of personal account Fund ...

27th house owners, occupiers should be based on the appraisal report of dangerous houses respectively to take the following measures: (A) observation.

Apply to take appropriate security measures, short-term use, but needs to continue to watch the House. (B) processing.

Apply to take appropriate technical measures, you can unlock the dangerous houses. (C) discontinue use.

Applies the value no maintenance, temporary inconvenience removed without jeopardizing the safety of adjacent buildings and others housing. (D) the total demolition.

Applies to block dangerous and has no maintenance values for immediate demolition of houses.

Identification is observed by use or deal with the use of the Housing Authority, after treatment, an accreditation body has danger, you can continue to use; fails to control or acceptance is not danger, shall not be used.

    Adjacent to the owners of dangerous houses, they shall jointly carry out dangerous housing obligations of governance.

    28th district and County real estate administrative departments should urge the housing owners, users and timely treatment of dangerous buildings and dangerous home improvement check and record the results reinforce and remove danger.

    Article 29th house owners, users of dangerous houses refused to endanger public security governance, real estate administrative departments can be ordered to stop the use of dangerous housing and, if necessary, can be taken according to law reinforcement and renovation, demolition, renovation and other mandatory measures, management costs borne by the housing ownership and use. Article 30th House when there is a danger, house owners, users shall take security measures and good governance records.

    Housing there is a serious danger, house owners, users shall promptly report to the municipal real estate administration and houses the seat of district and County, seat of the municipal real estate administration and the Housing Authority District and county people's Governments shall organize the relevant departments to eliminate dangerous case. 31st article district, and County property administration sector should strengthening on dangerous housing control of supervision check, on over design using years of acres housing or by identification for dangerous housing and endanger public security of, should timely to city property administration sector and housing location of district, and County Government report, and proposed specific processing programme, city property administration sector and district, and County Government should timely organization excluded danger.

    Municipal real estate administration and the district and county people's Government remove danger measures against dangerous houses, house owners, occupiers may not obstruct.

    Man over the 32nd home ownership housing, required provisional eviction of the lessee, the lessee shall promptly moved out, after treatment danger, the dangerous buildings, owners should continue to perform under the lease agreement, the lease except as otherwise agreed by the parties.

    33rd section abutting owner housing identified risk, the owner of common, shared parts and annexes should be joint governance, the required fee by the owner in accordance with the Ministry of construction of the adjoined houses shares respectively under the regulations. Article 34th housing use without changing the structure or Super loads use resulting in damage to housing, identification of dangerous housing, user shall be responsible for the governance of housing.

    Due to construction, parking lot, collisions and other acts causing houses to the risks posed, the perpetrator is responsible for governance.

    35th article of any unit and individual shall not in any way rental or use qualified is dangerous and should be removed as a whole as a whole House.

    Demolition and reconstruction of 36th dangerous housing need, used by the house owners, who hold a home safety assessment and the notification of dangerous buildings, to planning, construction, and other relevant administrative departments to be rebuilt and approval procedures.

    The fifth chapter legal liability

    37th in violation of the provisions of article eighth, be warned by real estate administrative departments shall be ordered to house owners or occupiers to make restitution, be fined 500 Yuan more than 1000 operations not fined fined 5000 Yuan operations are more than 10000 fine.

    Article 38th in violation of these regulations, refused to accept security checks for housing, be warned by real estate administrative departments, and fined 1000 Yuan fine. 39th in violation of paragraph one of this article 27th, the provisions of the second paragraph, the property Administrative Department shall order its time limit, be fined 500 Yuan more than 1000 operations not fined fined 5000 Yuan operations are more than 10000 fine.

    Violate the provisions of article 27th, fined 500 Yuan more than 1000 Yuan fine.

    40th in violation of the provisions of article 34th, the property Administrative Department shall order housing using a prescribed period, and a fine of less than 1000 Yuan.

    41st article violates article 35th of these measures, the property Administrative Department shall order the immediate suspension of rent or deactivate, be fined 500 Yuan more than 1000 operations not fined fined 5000 Yuan operations are more than 10000 fine.

    42nd house owner, who refused to entrust security identification, refusing to take control measures, refusal to implement decisions, leading to dangerous houses had collapsed, causing damage to others, should bear civil liability in accordance with law, suspected of a crime, and transferred to the judicial organs according to law.

    Article 43rd House Safety Management Department functionary, dereliction of duty, should be held accountable for their respective administrative responsibilities; serious enough to constitute a crime shall be investigated for criminal liability.

    44th House safety appraisal report issued by the accreditation body is not true loss caused to a party, shall bear corresponding liability for compensation.

    The sixth chapter supplementary articles

    45th in the application of these measures by the municipal real estate Administration Department is responsible for the interpretation of the specific problems. 46th these measures come into force on the date of promulgation.