Beijing Housing Construction Safety Management

Original Language Title: 北京市房屋建筑使用安全管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351923.shtml

Beijing housing construction safety management

    (January 4, 2011 82nd meeting of the people's Government of Beijing municipality passed on January 26, 2011, Beijing Municipal People's Government promulgated as of May 1, 2011, No. 229) first in order to strengthen the housing use safety management, protect the lives and safety, these measures are formulated.

Article within the administrative area of the city in accordance with construction or registration of various types of housing and its subsidiary structures and supporting facilities and equipment use and safety management, these measures shall apply.

    Other laws and regulations on the safety management of supporting facilities and equipment otherwise provides, from its provisions.

Article city and district and county administrative departments of housing and urban-rural construction is responsible for the supervision and management of building safety.

    Planning, quality and technical supervision, the municipal city appearance, health, weather, work in the countryside, civil air defense, public safety, public security and other departments shall, in accordance with their respective responsibilities, supervision and administration of housing construction using safety-related.

Fourth building security responsibility borne by the building owner.

Owner of building security can be managed solely or Commission property service enterprises and other units, personal management, the trustee shall, in accordance with requirements and agreed to take on housing use safety management responsibility. Self-managed units and entrusted with the management of real property service enterprises shall be equipped with building security administrator.

    Security administrators should have expertise in architecture and building and facility security management.

    Article fifth housing construction should be safe to use the building, timely report to the owner, trustee, found security issues, in conjunction with the inspection and maintenance of buildings, security assessments, security testing, seismic evaluation, security governance and other activities.

Sixth when housing construction project delivery, the construction unit shall submit the warranty and instruction manual, express building performance, maintenance requirements, and according to the warranty conditions and the terms of responsibility.

    Building engineering survey, design, construction, the engineer shall bear the appropriate quality and safety responsibilities.

Article seventh building owner or trustee shall maintain the building, found that endangered the building using security issues shall be promptly reported to the Department of housing and urban-rural construction administration, and the right to jeopardize the safety of buildings using behavior to stop.

    Self-managed units and entrusted with the management of the real property service enterprises shall establish in accordance with Department of housing and urban-rural construction administration building using the security management archives.

The eighth prohibits the following acts affecting the safety of buildings using:

(A) unauthorized changes in housing construction and load-bearing structures;

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

(C) exceeding design loads used buildings;

(D) damage, misappropriation or unauthorized dismantle and stop use fire control facilities and devices;

(E) occupancy, jams, closed building evacuation routes and safety, as well as other acts that impede the safe evacuation;

(Vi) in crowded places put up barriers on the doors and Windows;

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

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

    Nineth condominium buildings and load-bearing structures belonging to the common parts of the building, decoration activities need to change the main building and the load-bearing structure, subject to a joint decision of all owners, may entrust a qualified design unit design, decoration construction of enterprises should be carried out in accordance with the design. Tenth house building owners should be based on building type, design life, time and other circumstances, in accordance with the provisions to Commission security security assessment accreditation bodies for housing construction.

    Employer, the design shall be in accordance with the provisions of the obligation to inform on a regular basis.

11th building, one of the following circumstances, owners of buildings housing security accreditation bodies shall entrust to secure identification:

(A) structural damage such as cracking, deformation;

(B) uneven settlement of Foundation;

(C) due to natural disasters or accidents can cause structural damage;

(D) failing to change subject and the load-bearing structure of the building;

(E) structural modification or change of use use may affect the safety of buildings;

(Vi) construction that may affect adjacent to the building safety;

(VII) security assessment found that building safety appraisal of the need for security;

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

    Public interests may be entrusted by the relevant administrative department safety accreditation body for security identification.

12th house building of the following circumstances, seismic evaluation commissioned by the building owners should:

(A) to design working life needs to continue to use;

(B) failed to take earthquake measures or do not meet current seismic design category and intensity;

(Iii) seismic performance of structural modification or change of use use may affect;

(Iv) other seismic evaluation should be carried out according to law.

    Anti-seismic evaluation report issued by House construction status checks based on test data, units of measurement shall be made by law certification.

13th House safety appraisal agencies engaged in building security assessments, security accreditation activities should be submitted to the municipal administrative departments of housing and urban-rural construction, and submit the following materials:

(I) security accreditation bodies established by the relevant supporting documents, or engineering quality testing agencies testing qualification certificate and construction proof of inspection capacity of engineering structures;

(B) after calibration of detection instruments and equipment list;

(C) the Technical Director's certificate of civil engineering senior, head of the identification certificate of civil engineering more than mid-level titles;

(Iv) management system and quality control measures.

    These changes, security accreditation bodies shall record such changes within the 30th. 14th safety accreditation body to conduct building safety assessment, safety appraisal activities, two or more members shall participate in, and in accordance with State and city regulations and technical standards for evaluation and appraisal, timely, accurately and truthfully to the principal building security assessments, security appraisal report issued by and submitted to the Department of housing and urban-rural construction administration.

    Identification of dangerous buildings, security accreditation body shall inform the client in writing within 24 hours after the conclusion, and Department of housing and urban-rural construction administration. 15th building safety appraisal reports should identify directors, technical director, head of the signing.

Safety appraisal of housing agencies and official reports issued by bear legal responsibility according to law.

Building safety appraisal report covering structure calculation shall be issued by the registered structural engineer with the corresponding qualifications calculations involving detection of structured entities, units of measurement shall be delivered by the appropriate certification issued by the test data.

    Adoption of common Safety appraisal of buildings in the city report, by the city's Department of housing and urban-rural construction administration system and provided free of charge.

The 16th House safety appraisal Agency shall not issue a false sense of security assessments, security evaluation report.

    No unit or individual may interfere with normal security assessment, security and identification of activities may not be forged or altered safety assessment, safety evaluation report.

    17th clients and stakeholders on the safety appraisal of buildings disagrees with the conclusions, to safety appraisal for municipal housing management agencies can apply for recertification, and safety appraisal of City Housing Authority may organize recertification.

    18th the building owner should be based on the report's recommendations for building repairs, removal of danger and other governance measures and bear the costs of security.

19th was identified as a risk House should be based on the report's recommendations to use or stop using the building:

(A) the identification used for the observation shall be indicated according to the appraisal report on the observation of time limits;

(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 of technical measures for crisis and determined according to the design of follow-up service life;

(C) identification for discontinued, removed as a whole, people should stop using immediately moved out.

    User refuses to move in accordance with the provisions of the preceding paragraph, shall be ordered in writing by the Administrative Department of housing and urban-rural construction use and moved out, in case of emergency endangering public safety, district and county people's Government can instruct relevant departments, forced to move out, and make appropriate arrangements. 20th users move out of dangerous houses as their only living room, can contribute to the House seat of district and county people's Government is to seek housing.

    Dangerous buildings after the end of treatment, people should be moved out of temporary housing.

    21st low-income households pay for dangerous housing cost difficulties in risk governance pays for housing or temporary housing to rent difficulties can apply for the subsidy, specific subsidies enacted by the district and county people's Government. 22nd to emergency housing construction should be in accordance with State and municipal emergency regulations.

    Dangerous houses renovation, relevant administrative departments should timely approval needs emergency repairs, you can repair.

23rd housing and urban-rural construction Administrative Department and relevant departments shall establish a building using secure communications and information-sharing system to achieve comprehensive treatment that is safe for housing construction.

    Municipal Department of housing and urban-rural construction administration housing safety evaluation agencies, credit information management system should be established, documented and published for the record and regulatory information. 24th Department of housing and urban-rural construction administration set up building security information files, records information about building security.

The following conditions should be recorded and published in a timely manner:

(A) the unauthorized change of subject and the load-bearing structure of the building;

(B) identification of safety testing should be carried out;

(C) not governance was identified as a risk House.

    Housing registration departments in house transfer registration shall inform the assignee the query building using secure information archive.

    25th building owners are not in accordance with the provisions of the safety evaluation, seismic appraisal or house building was identified as a risk House without timely treatment, housing and urban-rural construction, planning and administrative departments shall, in accordance with their respective responsibilities, such as urging the owner assumed responsibility; refusing to assumed responsibility, you can specify units performed by the Administrative Department, the costs borne by the owner.

Article 26th schools, kindergartens, hospitals, stadiums, shopping malls, libraries, places of public entertainment, hotels, restaurants and passenger station waiting room, airport terminal and other crowded public buildings should be carried out every 5 years a security assessment; to design working life needs to continue to use, should be carried out every 2 years a security assessment.

    Department of housing and urban-rural construction administration shall, together with the relevant departments in charge of industry personnel-intensive public building inspections on a regular basis, for failing to conduct security assessments, security verification, seismic identification or were not in accordance with the report's recommendations and timely treatment, should urge the owners assumed responsibility in a timely manner, refusing to assumed responsibility, you can specify the units performed, costs are borne by the owner.

    27th Executive authority under the relevant license when inspecting business premises according to law, shall verify the building of relevant circumstances, dangerous housing as a place of business, not for the relevant license.

    28th in violation of paragraph III of this article fourth, self-managed units or entrusted with the management of property services companies do not have the security administrator, the Department of housing and urban-rural construction administration rectification; refuses, fines of between 10,000 yuan and 30,000 yuan.

    29th article violates this article approaches its seventh, failing to establish housing use safety management of archives and record, the Department of housing and urban-rural construction administration rectification and fines of between 10,000 yuan and 30,000 yuan.

    30th article violates this article eighth paragraph (c) provides that exceeds design loads used housing construction, the Department of housing and urban-rural construction administration rectification; refuses, fines of between 10,000 yuan and 30,000 yuan.

31st article violates these measures stipulated in the 14th, 15th and 16th, security accreditation bodies of any of the following acts by the Municipal Department of housing and urban-rural construction administration a rectification, counted in the House safety appraisal of enterprise credit information management system, and a fine below 50,000 yuan and 100,000 Yuan:

(A) issue a false report;

(B) the serious error in the conclusions;

    (C) the delays will cause dangerous housing expertise to inform the principal responsibility is not assumed responsibility of accidents in a timely manner.

Article 32nd disobey article 26th, crowded public building owners did not comply with the requirements for safety assessment, safety, seismic identification or were not in accordance with the report's recommendations and timely treatment, the Department of housing and urban-rural construction administration rectification; refuses, fined a maximum of 100,000 yuan.

    Crowded public buildings were identified as dangerous buildings, production and business operation entities to their places of business, do not meet the safety requirements, departments responsible for the supervision and administration of production safety shall, in accordance with the provisions of the Beijing work safety regulations, a rectification, it fails to mend, order to suspend for rectification, production or business for rectifications do not meet the conditions for safe production be shut down.

    Article 33rd prevent functionaries of State organs carry out building security supervisory duties, 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.

    Article 34th owner whose whereabouts are unknown or of unknown ownership of buildings, building owners responsibility for these measures actually borne.

    35th residence of villagers use safety management by district and county people's Government in accordance with the measures to develop specific approaches, housing and urban-rural construction, planning, rural work and other administrative departments are responsible for the supervision and administration of rural residence of villagers for guidance. 36th these measures come into force on May 1, 2011. On January 5, 1991, the Beijing Municipal People's Government for approval, on March 9, 1991, the former Beijing municipal real estate administration released on June 1, 2004, the Beijing Municipal People's Government, the 150th order modified the implementation of Beijing city of dangerous buildings of certain provisions of the regulations repealed simultaneously.