Harbin City Housing Management Measures

Original Language Title: 哈尔滨市城市房屋安全管理办法

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(August 22, 2007, Harbin municipal people's Government at the 12th Executive meeting on August 30, 2007, Harbin municipal people's Government, the 168th announced as of October 1, 2007) Chapter I General provisions article to strengthen safety management of urban housing, maintenance of housing security and the public interest, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.
    These measures shall apply article II on State-owned land in the city's urban planning has been completed and delivered all kinds of safety management for housing.
    Article III safety management for housing in these measures refers to for the protection of building structures using security and management activities, and includes housing use safety management, safety management and risk management.
    Fire safety equipment and facilities for housing use safety management, in accordance with the provisions of relevant laws and regulations.
    Fourth housing safety management should follow putting prevention first and combining prevention with treatment and security principles.
    Article fifth Department of municipal real estate administration is the city's Housing Authority the Administrative Department of security management, is responsible for implementation of the measures.
    District and city appearance and environmental sanitation, building, planning, finance, public security fire, city administration and other relevant administrative departments shall, in accordance with their respective responsibilities, to do the safety management for housing-related work.
    Chapter housing use safety management article sixth of housing for all, users should be in accordance with the structure and use of housing design and reasonable use, ensure the integrity and security of housing structure, not dismantles buildings, or affect the safety of adjoining houses.
    Identified as serious damage or risk to housing security level housing demolition should not be conducted.
    Seventh article housing all, and using people except law made planning, and construction administrative license of alterations, and expansion engineering outside, shall not has following involved building subject structure and bearing structure of split diverted for: (a) demolition based, and beam, and column; (ii) demolition concrete cut force wall; (three) mining indoor ground, expansion basement; (four) demolition connection balcony up anti-capsized role of wall body; (five) demolition has housing seismic, and fire overall function of non-bearing wall body; (six) other against housing structure security of behavior.
    Main structure in these measures refers to structures housing entities, including roofs, floors, beams, columns, supports, walls and the connection point and the Foundation.
    Load-bearing structure of the premises mentioned in these measures refers directly to housing weight with various external forces systematically passed on to the Foundation of the main structural components and other connections, including load-bearing walls, vertical poles, columns, frames, columns, piers, floors, beams, trusses, cables, etc.
    Article eighth among seventh paragraph of these measures, and other body structure and the load-bearing structure of the housing demolition, belonging to public institutions shall, in accordance with the provisions of the regulations on urban public housing management in Heilongjiang province, Department of municipal real estate administration approval for house demolition procedures; non-public housing, should be to the municipal real estate administration authority housing demolition record.
    Before going through the house demolition or filing procedure, relating to the protection of buildings, facades of historic buildings or housing, shall first obtain planning permission from the administrative departments involved away from the building, should agree on the prior consent of the competent departments of city appearance and environmental sanitation administration. Nineth article housing all or public housing tenant people application housing demolition approval or handle record procedures Shi, should submitted following material: (a) housing demolition application table or record table and the applicants, and handling people identity proved; (ii) housing ownership card, housing ownership proved or public housing tenant card, and property units agreed views; (three) housing security identification report; (four) original design units or has corresponding qualification grade of design units issued of design file; (five) legal, and regulations, and
    Rules and regulations of the other materials.
    Article the applicant or filing shall truthfully report to the municipal real estate administration authority on materials and reflect the situation, and responsible for the authenticity of the material.
    11th before the house demolition article, house demolition owners or the public housing tenants should be content and inform the housing management units, and houses demolition approved the relevant archive materials management unit.
    12th the content and scope of the housing demolition should be consistent with the demolition of the approval or for the record content, scope, and meet the requirements of design documents.
    Need to change parts of the demolition, beyond the scope of demolition approval or for the record, it should be to the municipal real estate administrative departments to apply for the relevant procedures.
    13th homeowners or public housing tenant when the housing demolition may not infringe upon other people's legitimate rights and interests of the relevant stakeholders.
    People infringe on their legitimate rights and interests of the other relevant stakeholders, may initiate litigation to the people's Court according to law.
    14th demolition for housing construction after the record shall record of housing demolition-related materials to a housing management authority in the registration agency for ownership of housing, where the alteration.
    15th homeowners, users should regularly check for housing use safety, damage repairs in a timely manner to ensure the normal use of the housing.
    16th housing management units should be on housing use safety management scope to regular patrols, discovered illegal use may affect the safety of buildings for housing, it shall be stopped, and report to the Department of municipal real estate administration.
    Article 17th of citizens, legal persons and other organizations found in acts against security and right to report or complaint to the municipal real estate administrative departments.
    Department of municipal real estate administration received a report or complaint, should be processed in a timely manner and reply informant or complainant will result.
    Chapter House safety appraisal of article 18th House safety appraisal in these measures refers to House safety appraisal of security accreditation bodies according to the national housing standards and other technical specifications, identification and determination of the State of security.
    19th housing safety accreditation body established by the municipal real estate administrative departments according to law.
    Safety appraisal of housing agencies made conclusions for identified housing based on the security situation.
    Article 20th owners, users or an interested person may entrust the housing safety accreditation body for safety appraisal of housing.
    House safety appraisal Agency shall, in accordance with standards approved by the price Department charged House safety appraisal fee. 21st article housing delivered using Hou, has following case one of of, housing all or using people should delegate housing security identification institutions for housing security identification: (a) demolition subject structure or bearing structure of housing; (ii) in roofing or attached wall body established large advertising facilities, and communications facilities,, obviously increased load contains of housing; (three) over provides design using years still needed continues to using of housing; (four) change original design uses, may effect using security of housing; (five) school, and theaters, and
    Sports stadiums and other public cultural entertainment and shopping malls, restaurants and other places of public service design life use for more than half of the housing (f) housing a security risk identification in other circumstances.
    Need to be removed in the process of transformation of the old city houses, units shall in accordance with the provisions of Commission housing safety accreditation body for safety appraisal of housing.
    22nd homeowners or interested persons to entrust the housing safety evaluation should provide the following materials: (a) the housing safety instructions, (ii) the client identity, (iii) housing ownership certificates or certified proof of housing has an interest; (d) laws, regulations and other materials.
    Article 23rd construction engineering construction, surrounded by the neighboring houses, the construction unit shall, before construction commissioning House safety appraisal on the safety of adjacent houses were identified. Units in the construction process should be on adjacent houses to take safety precautions.
    Affected by the construction of the adjacent houses, construction after the adjacent homeowners or use the request to House safety appraisal, commissioned by House safety appraisal of construction should.
    Adjoining houses damaged due to construction, the construction unit shall, according to the expert opinion to give treatment to repair, and the civil responsibility.
    Article 24th housing safety evaluation should be carried out by 2 or more professional judges, identification of particularly complex projects, you can hire an expert or invite the relevant sector. 25th House safety appraisal agencies to accept the identification request, shall, within 7 working days to complete the housing safety evaluation, and provide home safety evaluation report.
    Complex or need tracking, issued by the Housing Authority may extend the term of the security report, but shall advise his client to explain the situation.
    Article 26th House safety appraisal of dangerous buildings, security accreditation body shall identify findings to inform the client within 24 hours, and report to the Department of municipal real estate administration.
    Fourth chapter risk management article 27th dangerous houses in these measures refers to serious damage or dangerous components of bearing structure, may lose their stability and bearing capacity of structure at any time, cannot guarantee the residents and the use of safe houses. 28th responsible homeowners as a risk House care, governance (hereinafter referred to as dangerous housing responsibility), shall assume custody of dangerous houses, repair, strengthening, crisis management responsibilities.
    Otherwise provided for by laws, rules and regulations, from its provisions.
    Due to delay in treatment cause harm to others and risk liability shall bear the responsibility for housing. Article 29th of dangerous buildings to implement territorial management.
    District people's Government shall strengthen the management of dangerous buildings within their respective jurisdictions, and specialized agencies responsible for risk management within the district by working. 30th district people's Government designated agencies shall organize the relevant departments and units of housing security.
    In the inspection found unsafe housing, shall promptly report Department of municipal real estate administration. Municipal real estate administrative departments shall, according to the report commissioned House safety appraisal of housing security agencies identified in a timely manner.

    31st was identified as a risk House the municipal real estate administrative departments shall provide the dangerous person issued the notice of dangerous buildings for housing, at the same time inform the housing district people's Government of the location of the specified body. Article 32nd was identified as a risk House to be housing dangerous degree, respectively, under the following circumstances: (a) observed.
    Apply to take appropriate security measures, short-term use, but needs to continue to watch the House. (B) processing.
    Apply to take appropriate security measures, you can unlock the dangerous houses. (C) discontinue use.
    Applies to the repair value-free, temporary inconvenience removed without jeopardizing the safety of adjacent buildings and others housing. (D) the total demolition.
    Value applies to the whole risk-free repair and endanger the safety of others or adjacent building houses.
    33rd dangerous housing responsibility after receipt of the notice of the dangerous housing should be based on the conclusions and recommendations for maintenance treatment in a timely manner.
    District Government designated agencies shall urge, guide risk responsible for the housing of dangerous housing for maintenance treatment.
    Article 34th was identified as a risk House need to be removed, seat of the District Government should be organized using moving people out of housing.
    Identified as dangerous buildings need to be renovated and meets the requirements of urban planning, owners are required to the relevant departments for renovation approval.
    35th sets dangerous houses and their appendages on the plaque, hanging objects, such as lines, State, preventing dangerous housing management, the facility owner shall be removed, relocated.
    36th dangerous housing when the emergency occurred, City real estate administrative departments, location of the district people's Government shall, in accordance with the danger level in time to start the housing emergency plan, organizing rescue and relief.
    Fifth chapter legal responsibility 37th article violation this approach provides has following behavior one of of, by city property administrative competent sector ordered corrected, plot serious of, according to following provides be punishment: (a) not according to approved, and record of demolition content, and range or design file of technology requirements for demolition of, is non-business behavior of, sentenced 500 Yuan above 1000 Yuan following fine; is business behavior of, sentenced 2000 Yuan above 10,000 yuan following fine.
    (B) subject to article 21st of this approach (a) provides, shall apply for safety appraisal of housing they had not applied, is a non-operational, a fine of 200 Yuan more than 1000 Yuan fine; an operation and fined 2000 Yuan and 10,000 yuan fine.
    38th article violation this approach provides has following behavior one of of, by city property administrative competent sector be warning, ordered stop violations, and deadline corrected, plot serious of, on personal sentenced 1000 Yuan above 10,000 yuan following of fine, on units sentenced 50,000 yuan above 100,000 yuan following of fine, caused loss of, law bear compensation responsibility: (a) on shall not demolition of building subject structure, and bearing structure for demolition of; (ii) without approved or record unauthorized demolition building subject structure, and bearing structure of. 39th applicant provides false materials, such as deception to obtain approval or for the record, be revoked by the Department of municipal real estate administration, ordered to restore the demolition site, is a non-operational, a fine of 200 Yuan more than 1000 Yuan fine; an operation, up to 5000 Yuan and 20,000 yuan fine.
    Causing harm to others, and shall bear the liability for damages.
    40th article violates other provisions of these measures, by the relevant authorities in accordance with relevant laws and regulations will be punished.
    41st City real estate administrative departments and their staff should seriously perform their duties, must not use the terms of reference of the favoritism.
    Violations of the provisions of the preceding paragraph of this article, by their work units or by the competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Sixth chapter supplementary articles article 42nd district (municipal) housing safety management, in accordance with the measures implemented.
    Article 43rd City real estate administrative departments in accordance with this regulation the development of implementing rules. 44th article of the rules take effect on October 1, 2007.
                              The Harbin municipal people's Government on October 6, 1992 city of dangerous buildings regulations repealed simultaneously.