Safety Management Of Guangzhou Municipality On House Rules

Original Language Title: 广州市房屋安全管理规定

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(The people's Government of Guangzhou City, on September 22, 2007 23rd Executive meeting on January 2, 2008, Guangzhou City people's Government promulgated as of March 1, 2008, 6th) Chapter I General provisions article to strengthen the safety management of municipal housing, public safety, combined with the city's actual, these provisions are formulated.
    Second District within the city (including the built-up area of the town) of safety management for housing the present provisions shall apply. Safety management for housing in these rules refers to as the security architecture and building safety and management.
    Housing safety risk management, housing management, housing emergency and termite prevention and eradication of governance.
    Home fire safety, facility safety in use as well as indoor decoration safety management implementation in accordance with other laws, rules and regulations.
    III safety management should follow the principle of prevention first, to ensure that security. Fourth municipal Bureau of land resources and Housing Authority is the Administrative Department of security management, responsible for the implementation of this provision.
    Municipal Bureau of land resources and housing management District Branch (hereinafter the "branch") in charge of management of the Housing Authority, within their respective jurisdictions.
    Municipal Bureau of land resources and housing management and district branch may appoint a housing safety assessment, dangerous houses, termite and other institutions of governance, is responsible for the safety management of the transaction.
    Construction, planning, finance, Commerce and industry, municipal gardens, culture, environmental protection, sanitation, comprehensive urban management enforcement, fire, electricity and other services shall, in accordance with their respective responsibilities, coupled with good management of housing security, coordinate the implementation of these provisions.
    The fifth building, land and housing, planning, comprehensive urban management enforcement departments shall accept it dismantles the housing complaints of violations, and duties to investigate.
    Construction Administrative Department is responsible for the unauthorized demolition of housing decoration businesses to deal with land and housing management administration assistance.
    Land and Housing Administration Department is responsible for the demolition of housing violations of safety management for housing the investigation work.
    Planning Administrative Department is responsible for the demolition of housing violations of planning management investigation work.
    Comprehensive urban management enforcement department is responsible for the investigation work on the demolition constitute an act of illegal construction of housing.
    Public security departments are responsible for safety management for housing resist or obstruct investigation and dealing with Security Administration cases, with the management of land and housing authority housing security administrative law enforcement.
    The sixth municipal and district people's Government shall strengthen the safety management of housing within their respective jurisdictions leadership and supervision, to organize and coordinate the relevant departments to coordinate security management.
    Municipal and district people's Government shall formulate emergency plans for housing, establishment of housing security emergency command, organizing and commanding the emergency housing.
    Seventh Government should play house safety appraisal, termite and other industry organizations in the role of security management, encourages and supports industry organizations to carry out the work.
    Industry organization it shall assist the municipal land and Housing Authority and District Branch housing security management, self-discipline and supervision.
    Eighth municipal Bureau of land resources and the Housing Authority should regularly organize citywide census of housing security, establishment of housing security dynamic information management system.
    Nineth municipal and district people's Government shall guarantee the housing census of security, identification, dangerous housing repair, emergency security and management of special funds in escrow.
    Safety management of special funds by the municipal Bureau of land resources and housing management and district branch into sectoral budgets, financial departments at the same level according to prescribed procedures shall be followed. Chapter II security responsibility for housing the tenth House all the security responsibilities of housing people. Houses all missing or house ownership is not clear, responsible custodian housing security; no custodian, housing using the Security responsible for housing.
    Except as otherwise agreed in the lease.
    Within the scope of urban house demolition in housing units between the date of announcement of housing demolition during the completion of the housing security responsibilities, shall apply to the provisions of the Guangzhou urban housing units management.
    Adjoined the city housing security responsibilities, the adjoined the city housing otherwise provided by the regulations, from its provisions.
    11th House responsible for the safety of building structure and ancillary facilities are responsible for the security. Housing security responsibilities should standard requires the installation of security network, air conditioning stent ancillary facilities to ensure safety, integrity and cleanliness of the premises and its facilities, the housing and ancillary facilities to periodic inspections.
    Discover hidden, timely in accordance with the provisions for identification and treatment.
    12th belongs to the Heritage House, by the cultural administration departments in accordance with the People's Republic of China cultural relic protection act the security management opinion.
    13th article housing using process in the, shall not has following effect housing security of behavior: (a) not reported by city planning sector approved, unauthorized change using nature and unauthorized open (blocking) outside wall doors and Windows, and closed balcony, and built shed cover or in days stage construction built (frame) built real; (ii) in residential within store business sex acid, and alkali, strong corrosion sex items and flammable, and easy burst, risk items; (three) decorative decoration activities in the unauthorized demolition housing, effect housing structure security and normal using of behavior.
    Installing and using network security and other subsidiary facilities, air conditioning stent should not endanger public safety.
    14th real property service enterprises shall conduct housing safety awareness, and according to the owners ' decision or property service contracts periodically to check the management of housing common parts, common facilities of the security situation.
    Found to have safety problems, Realty management company shall promptly report in writing to the owners ' Committee, notices in conspicuous places in the district, to inform all owners; and according to the Realty service contract identification, maintenance organizations.
    15th underground utility construction, pipeline construction, pile foundation construction and deep Foundation pit construction, demolition, and lowering the underground water level and other activities, may endanger the safety of surrounding houses, building and construction units should adopt effective security measures.
    Endanger the safety of housing has occurred, building and construction units should be repaired in time, eliminate risk.
    16th security responsibilities for housing and property service enterprises shall establish safety management for housing, housing safety inspections, maintenance records.
    17th security responsibility for housing people, housing people, property management companies and other relevant units and individuals shall cooperate with the municipal Bureau of land resources and housing management and branch organizations in various districts of housing security survey or the housing safety inspections and other activities.
    18th units and individuals can contribute to the municipal Bureau of land resources and safety branches report against in a housing authority or the Housing Act, reflect there are significant security implications of housing municipal Bureau of land resources and housing management Bureau or District Branch should be processed in a timely manner, and reply the processing results of an informer or a person.
    Third chapter housing security identification management first section housing security identification delegate 19th article has following case one of of, housing security responsibility people should timely delegate original design units or housing security identification units for housing security identification: (a) Housing Foundation based, and subject structure has obviously sinking, and crack, and deformation, and corrosion, phenomenon of; (ii) housing over design using years needed continues to using of; (three) natural disasters and explosion, and fire, accident caused housing subject structure damaged of;
    (D) require demolition housing main body or load-bearing structures, changing functions or significantly increase the housing loads (v) other circumstances that may endanger the safety needs identification.
    20th article has following case one of of housing, construction, and construction, units in pit and based engineering construction, and blasting construction or underground engineering construction Qian, should delegate housing security identification units for housing security identification: (a) distance twice times excavation depth range within of housing; (ii) blasting construction in the, in blasting security procedures requirements of blasting earthquake security distance within of housing; (three) Metro, and civil defense engineering, underground engineering construction distance construction edge twice times buried deep range within of housing;
    (D) the excavation and Foundation construction, blasting and underground construction may threaten other houses.
    21st has to the circumstances prescribed in the provisions of article 19th House without identification or a certified safety conditions are not met, shall not be used as business premises.
    22nd House could endanger neighboring people, houses and other interested persons of the security implications of using people, interested persons may request the Housing Authority security responsibility for safety identification of authorized housing units for identification.
    Housing housing security refused to delegate security identification unit identification, safety identification of interested parties may entrust the housing unit for identification.
    After safety appraisal of housing, housing is a dangerous House or there is the risk of endangering an interested person, appraisal cost borne by the housing security responsibilities; not dangerous housing or there is not the risk of endangering an interested person, appraisal fees borne by the seller.
    Section II identification article 23rd units and individuals identified a serious security risks in housing, could inform the neighborhood offices, the town government or District Office.
    Street, town Government should grasp the serious security implications of housing information to register and inform the housing location of distinction.
    The District Branch of the serious security implications of housing should be registered and carry out investigation to verify the information.
    Serious security risks in the 24th House, delegates identified the children of housing security responsibilities, the Bureau shall promptly issue notice of House safety appraisal mandated housing security responsibility in safety identification of houses within the stipulated period.
    Housing security responsibilities in the security notice of identification is not made within the period required by Commission House safety appraisal of each branch shall issue a written decision on House safety appraisal, and entrusted the security identification unit identification.
    Identification of dangerous houses, appraisal cost borne by the housing security responsibilities.
    25th House has serious security risks, security responsibility to take measures to exclude risks, should be submitted to the branch-related documents in a timely manner through District Branch, Division of investigation and verification, safety can no longer Entrust security identification of those responsible.
    26th housing security people, using people should cooperate with the investigation and verification, as well as identification of security identification unit.
    Section III housing security identification unit management article 27th House safety appraisal units, shall, in accordance with the provisions of Guangzhou Municipality on House safety appraisal units record management to municipal Bureau of land resources and housing authority filing procedures.
    House safety appraisal of personnel certification and certified management system, housing staff safety identification certificate and certified management rests with the municipal housing association for security identification. House safety appraisal of the 28th, there should be security and identification of two or more persons to participate in and present housing safety evaluation of certified documents.
    The identification of particularly complex projects, housing security identification unit to employ another professional or invite the participation of staff from relevant departments identified.
    No unit or individual may obstruct or interfere with normal House safety appraisal of personnel safety appraisal of housing. 29th safety appraisal of housing units should be strictly in accordance with the identification of business specifications and identification standards identification requirements for identification of activities and the production of reports.
    Identification identification seal shall be affixed to the housing security, and served on the identification of the client in a timely manner.
    House appraisal report issued by the Security Identification Unit shall bear the corresponding legal responsibility.
    Article 30th interested person disagrees with the conclusions on safety appraisal of housing units, can contribute to the Housing Association for security identification, Committee of experts on the application of complex learning.
    Complex conclusions consistent with the original conclusions, and expenses shall be borne by the applicant; conclusion and restored conclusions essentially different, and costs borne by the safety appraisal of housing units.
    31st security identification unit housing security identification business shall establish a professional file, summary of status of established businesses, and at the end of each year the House safety appraisal of the annual statistical reports submitted to the municipal Bureau of land resources and housing management.
    Identification of dangerous housing, housing security identification Unit dangerous housing report should immediately be submitted to the district station, District Branch master dangerous housing information should be submitted to the municipal Bureau of land resources and housing management.
    32nd of municipal administration of land resources and housing should be open to the public the following information: (a) the housing unit filed safety identification, (ii) identified unsafe housing conditions.
    Fourth danger dangerous House governance section in Chapter House 33rd dangerous by the governance body shall be approved by the Housing Authority for housing security identification unit identification confirmation. Identification of dangerous housing, housing security responsibilities shall, in accordance with security identification unit identification categories of housing, management. Category divided into use, handling of dangerous housing use, stop use and demolition of four categories as a whole.
    Heritage classics appraisal of dangerous houses, should be in accordance with the People's Republic of China cultural relic protection act for emergency repairs.
    Identify hazardous housing but there are security risks, security responsibilities should promptly eliminate security risks.
    Was identified as a risk House, interested people apply complex, did not stop during the complex period of crisis measures. Article 34th concluding comments to address, stop or total demolition of dangerous buildings, houses should move out immediately.
    Conclusions for disposal in order to observe the use of dangerous buildings, threatening houses use shall immediately move out.
    Conclusions for disposal in order to observe the use of dangerous buildings, failed to take appropriate security measures, and dangerous parts of the housing may be used.
    Conclusion comments to address the use of dangerous buildings, not before the crisis, may be used. 35th article dangerous housing has following case one of, housing location of District Branch should on housing implementation escrow and for governance: (a) housing ownership not clear, cannot determine housing security responsibility people of; (ii) all people death and cannot determine heir as housing security responsibility people of; (three) all people unaccounted for and no legal agent perform housing security responsibility of; (four) dangerous housing of security responsibility people does have difficult cannot governance dangerous housing,
    Written agreement to entrust the Housing Branch escrow, where housing and implementation of governance. Escrow preceding paragraph (a) to (c) listed houses, before the escrow shall issue a notice not less than 30 days notice period.
    But dangerous houses in need of immediate treatment, can simultaneously during the announcement.
    36th District Branch escrow, governance should be the cost of homes in escrow and the income generated in the course of evidence preservation. Belonging to the circumstances prescribed in the 35th, escrow, governance costs incurred shall be borne by the housing security responsibilities.
    Housing security responsibility is not determined or does not pay the relevant fees, District Branch, Division of proceeds from rental homes in escrow deductions.
    Escrow was identified by the owner or heir of the House, hosting, overhead expenses when closing the branches in various districts should escrow costs, governance within ten working days of the closing release escrow houses and the remaining proceeds in escrow returned to owners or heirs.
    37th security responsibilities were not processed in accordance with the conclusions of the views and timely treatment of dangerous buildings, each branch shall issue security responsibility for housing risk to housing a prescribed period of notice.
    Housing responsibility for security in dangerous housing is not made within the period provided governance of a prescribed period of notice of dangerous buildings, branches in various districts should be housing governance on behalf of the housing security responsibility a dangerous decision, ordered the Housing Authority responsible for the security or use the move out of dangerous housing and emergency remove danger.
    Stop using the or total demolition of dangerous buildings, in critical condition, District Branch directly to housing security danger the housing management decisions on his behalf, ordered the Housing Authority responsible for the security or use immediately moved out of dangerous buildings and emergency remove danger.
    District Branch of security responsibility for housing or moved out of danger after housing should conduct risk governance for housing rates.
    Article 38th observation use, handling of dangerous houses, branches in various districts in dangerous buildings after the end of treatment, shall notify in writing within ten working days after the end of treatment safety responsible for housing receiving housing.
    Risk governance, relocation, temporary housing and other housing costs which the Housing Authority has assumed responsibility for security.
    39th security responsibility for housing or houses and moved out of dangerous houses as their sole living space, may apply to the district station temporary housing.
    Security responsibility for housing or housing using self-governance of dangerous buildings, using the branch to provide houses, dilapidated housing governance during the rent on public housing rents charged; District Branch on behalf of the management, the Housing Authority security responsibility or houses used the District Branch provided houses, dilapidated housing governance during the rent at market rents charged.
    Approved by the Civil Affairs Department of the low relief families, low-income families, or approved by the municipal Trade Union of poor working families, risk governance of housing during the branch providing rental housing in the area, according to the relevant regulations of the low-rent housing charge.
    Use branches in various districts to provide temporary housing, dangerous buildings after the end of treatment, District Branch should inform the security responsibility for housing or housing using the deadline to move out, fails to move the rents at market rents charged.
    40th approved by the Civil Affairs Department of the low relief families, low-income families, or approved by the municipal Trade Union of poor working families, unable to bear the risk governance for housing costs, according to the first paragraph of the article 35th (d) District, where the provisions of a written agreement to entrust the Housing Branch, Division of administration and governance, and apply for remission of overhead expenses.
    41st security responsibility for housing people lazy, cannot risk governance of housing, land and housing management compensation standard of administration according to the law of acquisitions.
    Section II hazardous housing governance related subjects of 42nd dangerous housing housing security responsibilities shall set clear danger signs, adjacent to the pedestrian, who in the past safety reminders; on temporary cannot remove danger danger danger House, effective protection measures should be taken. 43rd bars set in the dangerous buildings or appendages on the Billboard, billboards, signs, and power supply and communication lines, such as suspension, State, when the risk governance in the way of housing, shall be removed, relocated all of its people. The proprietor of the suspension, State could not be removed, relocated, responsibility for security in dangerous buildings may apply for district branches torn and migration.
    Removal, relocation costs by all persons suspension, State responsibility.
    Governance risk need to make reasonable use of housing housing common parts, common facilities and equipment, homeowners and the person concerned shall cooperate, not an excuse to obstruct.
    44th security responsibility for housing or district branch of the dangerous buildings were the status quo maintenance and reinforcement of the necessary emergency procedures, the planning, construction, municipal gardens, culture, sanitation and other administrative departments should be handled in a timely manner, so as not to delay the time of an accident.
    Dangerous buildings threatening public security need urgent treatment, you can simultaneously handle the governance procedures, taking the necessary crisis measures.
    Co-owner of dangerous houses in the governance process, immediately remove danger of the crisis, can be handled at the Administrative Department of planning alone the status quo maintenance and reinforcement of emergency procedures.
    45th of municipal land and Housing Authority and District Branch should strengthen risk control inspections for housing, governance and loss of control, verification of dangerous buildings, build dangerous houses, cancellation of registration systems.
    Fifth chapter house emergency 46th of municipal and district people's Government shall establish a housing emergency relief organizations, develop emergency plans for housing, sufficient stock of emergency relief supplies and equipment, adequate transportation and communication tools, ensure relief supplies and personnel in place in time.
    47th emergency housing following the principle of territorial management.
    Typhoons, torrential rains, fires and other accidents in housing when there is a sudden danger, security responsibilities shall immediately take suitable measures, and to the local branch and the Administrative Department on the fire report, actively cooperate with the competent administrative Department for emergency rescue and investigation of the accident.
    Security emergency response command structure and housing emergency relief organizations after the sudden danger in it knows, it should be handled in a timely manner, the implementation of emergency housing.
    48th city housing, safe emergency command organization responsible for organizing inter-district emergency housing; the city housing security emergency command authority deems it necessary, or directly to the great danger of the housing organization emergency.
    Safety emergency command authority shall, without delay, security, report on housing of sudden danger emergency command structure.
    49th security emergency command organizations when implementing the housing emergency, based on actual needs, the following measures: (a) cut off the electricity, combustible gas and liquid delivery, (ii) delimit warning zone and exercise local transportation control; (c) the use of adjacent buildings and related facilities; (d) removal or damage neighboring buildings and structures.
    Electricity, municipal gardens, police, fire and other departments should be given the necessary assistance.
    Emergency needs for housing and removal or damage to the adjacent buildings and structures, and branches in various districts should be repaired later.
    Sixth chapter of termite prevention and eradication governance 50th new construction, renovation or expansion of commercial housing, carried out by the real estate development enterprise termite prevention treatment does not provide for termite prevention treatment, termite eradication treatment liability of real estate development enterprises.
    Other buildings without termite prevention, termite liability of security responsible for housing.
    51st termite prevention has been implemented to deal with real estate, Ant damage that occurred during the cure period, termite eradication treatment liability of real estate development enterprises.
    Termite prevention treatment has been implemented for other housing, in termite prevention cure Ant damage within the time limit stipulated in the contract, the original termite control unit responsible for the voluntary eradication treatment.
    Beyond the cure period of ants by the Housing Authority security responsibility is responsible for killing rule.
    Termite prevention contract cure period shall not be less than ten years, cure the term confession Ant control calculated from the date of acceptance.
    52nd Ant check housing security responsibilities should be strengthened, and found the ants should be promptly destroyed governance.
    At the time of termites control, all of the adjacent houses, use and management shall cooperate with the termites termite inspection, anti-Government.
    53rd termite control unit to implement quality management system certification and certified termite personnel management system.
    Termites termite and unit qualification qualification, termite, registered and practising management by industry associations are responsible for.
    Termite check Ant and termite control treatment work, certified documents shall show the termite.
    54th in termite control unit, to the municipal Bureau of land resources and housing management filing procedures.
    Termite control units in pre-construction termite prevention project, should be in writing, email, telephone or any other means to inform municipal Bureau of land resources and housing management. After completion of the termite prevention from termite control units, project units and project supervisory units, in accordance with national, provincial, City issued termite control construction quality inspection and evaluation standards for acceptance.
    Termite control unit shall be in the 30th after acceptance to municipal Bureau of land resources and Housing Bureau of the acceptance formalities.
    55th delegate supervision of construction engineering, the construction unit shall be termite prevention project supervision tasks be entrusted to the supervisory unit.
    The construction supervising units shall in accordance with the entrusted termite prevention into the scope of project supervision, supervision of the content must include termite prevention construction of drug testing, implementation of the construction programme and the preparation of the report of the Commissioner.
    56th real estate development enterprises in commercial distribution (pre) when the sale, shall be produced to the House termite prevention contract or the Guangzhou termite control construction quality acceptance of housing for the record to prove it.
    The 57th municipal Bureau of land resources and Housing Authority termite prevention projects should be strengthened and the sales of commercial housing (pre) selling real estate termite inspections for housing in the city.
    58th of municipal land and Housing Authority should be open to the public the following information: (a) termite control unit record, record of termite prevention project acceptance, (ii) termite prevention engineering, real estate and marketing (pre) selling real estate termite inspections for prevention and (iii) other information about termites.
    Seventh chapter legal liability article 59th House security provisions fails to perform the obligations related to building safety management, accident or damage caused, he shall bear civil liability constitutes a crime, criminal responsibility according to law.
    60th article violation this provides 13th article subsection (a) items provides, by planning administration sector in accordance with city planning management legal regulations of provides punishment; violation this provides 13th article subsection (ii) items provides, by police fire institutions in accordance with fire management legal regulations of provides punishment; violation this provides 13th article subsection (three) items and the second paragraph provides, by land housing administration sector ordered corrected, belongs to illegal construction of, by planning, and city management integrated law enforcement sector investigation.
    61st article has following case one of of, by city land resources and Housing Authority the District Branch be punishment: (a) violation this provides 24th article of provides, housing security responsibility people in housing security identification notice requirements of term within not for housing security identification, by housing security identification units identification for dangerous housing of, sentenced housing security identification fee 1 time times amounts of fine, but fine amounts highest shall not over 30,000 yuan.
    (B) violation of the provisions of article 31st of the second paragraph, warning against security identification unit; after a warning is not in accordance with the provisions of, and fined 5,000 yuan and 20,000 yuan fine. 62nd article has following case one of of, by city land resources and Housing Authority be punishment: (a) violation this provides 27th article first paragraph of, on not handle record procedures and engaged in housing security identification of units, ordered deadline replacement procedures, late still refused to handle of, sentenced 5,000 yuan above 20,000 yuan following of fine; (ii) violation this provides 27th article second paragraph of, on not made housing security identification personnel qualification card, and practice industry registered documents or was canceled qualification card, and Practice industry registered documents still engaged in housing security identification work of personnel, sentenced 1000 Yuan punishment; and on its where units sentenced 5,000 yuan above 20,000 yuan following of fine; (three) violation this provides 31st article first paragraph of, on housing security identification units sentenced warning; by warning Hou still not by provides handle of, sentenced 5,000 yuan above 20,000 yuan following of fine; (four) violation this provides 53rd article first paragraph of, on not made termite control qualification still engaged in termite control of units, ordered deadline replacement procedures, Late still refused to handle of, sentenced 5,000 yuan above 20,000 yuan following of fine; on not made termite control personnel qualification card, and practice industry registered documents or was canceled qualification card, and practice industry registered documents still engaged in termite control work of personnel, sentenced 1000 Yuan punishment, and on its where units sentenced 5,000 yuan above 20,000 yuan following of fine; (five) violation this provides 54th article first paragraph of, on not handle record procedures and engaged in termite control of units, ordered deadline replacement procedures, late still refused to handle of,
    Sentenced to between 5,000 yuan and 20,000 yuan of fine (f) violation of the provisions of the 54th article, without termites termite control units to prevent engineering acceptance record, ordered a replacement procedure, still refused to take care of overdue and fined 5,000 yuan and 20,000 yuan fine. 63rd to siege, abused, beaten or otherwise refuses or obstructs the normal House safety appraisal of personnel security identification and census of housing security, or security checks for housing activity, or siege, abused, beaten or otherwise refuses or obstructs the functionaries of the State organs to perform security management responsibilities for housing, in violation of the People's Republic of China Law on administrative penalties for public security, for punishment by public security organs.
    Constitute a crime, criminal responsibility shall be investigated according to law.
    64th State organ staff negligence, malpractice, abuse of power, by their work units, superior or the supervision authority the administrative liability of those constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Eighth chapter supplementary articles the 65th termite control unit records and House termite prevention project completion record of specific measures by the municipal Bureau of land resources and housing management shall be formulated.
    66th city housing security management may refer to these provisions. Urban areas (including the built-up area of the town), safety management of rural housing by district and town-level Government with reference to these provisions.
    67th these provisions come into force on March 1, 2008.
                                                                                                              As of August 28, 1991, the Guangzhou urban private buildings repair and reform regulations, as of June 24, 1996 the Guangzhou security management regulations as of February 1, 1998 and the regulations of Guangzhou Municipality on house repairs repealed simultaneously.