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Xining Interim Measures For The Management Of Urban House Demolition

Original Language Title: 西宁市城市房屋拆除管理暂行办法

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(Summit 3rd ordinary meeting of the People's Government of Sihan on 21 March 2007 to consider the adoption of Decree No. 80 of 26 March 2007 of the People's Government Order No. 80 of 26 March 2007, which came into force on 1 May 2007)

Article 1. To strengthen and regulate the demolition and management of urban homes, to ensure that houses dismantle on-site civilization, orderly operation, and to ensure the smooth conduct of construction projects, in accordance with the laws, regulations and regulations of the Department of State's Urban Housing Demobilization Management Regulations, in conjunction with the practice of the city.
Article II shall be subject to this approach by implementing the demolition and supervision of urban homes and their subsidiary facilities within the city's jurisdiction.
In addition to construction projects, temporary housing, military facilities, churches, temples, monuments and demolitions of villagers from home-based homes are not applicable.
Article 3. The municipal housing demolition administrative authority is the home demolition authority in the city, which is responsible for the supervision of the demolition of urban homes in the city's administration and the introduction of an annual appraisal system for house demolition units.
Sector-building administrative authorities are responsible for the day-to-day supervision of the demolition of urban homes in this administrative area.
The executive authorities, such as urban management, security supervision and public safety, should be based on the division of responsibilities, and on the management of urban homes.
Article IV is responsible for the demolition of urban homes.
In carrying out the Housing Democtation Removal Licence, demolitions should be concluded with the construction of housing safety works, sanitation, and control of anti-star pollution responsibilities with the local authorities in the area of housing. The letter of responsibility was developed by the municipal housing demolition authorities.
Article 5 The demolition of construction units in urban homes shall be commensurate with the qualifications of the construction units that do not have the housing to dismantle the wage and shall not be carried out.
The construction units for the demolition of urban homes should have the following conditions:
(i) A certificate of salary quality for more than three construction works;
(ii) The operation of the explosion was carried out, and it was necessary to have the corresponding value of the explosion.
Article 6. The demolition of houses should be sent to the construction units with corresponding qualifications by solicitation or agreement.
Article 7. Demobilization shall enter into a home demolition contract with the housing demolition unit and, within 15 days prior to the house demolition work, the following information will be sent to the establishment of administrative authorities in the area:
(i) Modalities for the demolition of construction units;
(ii) The house demolition contract with the construction unit;
(iii) Removal of safety construction, sanitation and control of anti-star contamination letters of responsibility;
(iv) The proposed demolition of homes and subsidiary facilities may endanger adjacent buildings;
(v) To dismantle construction organization programmes, safe operating protocols and accident response programmes and anti-lides measures;
The implementation of the bombing operation should be in compliance with national regulations relating to the management of civilian explosive items.
A review shall be carried out within 2 days after the establishment of the administrative authorities in the region has received the required material. In accordance with conditions, the notice of work on the demolition of urban homes should be given to the Secretary-General, the written replies should be made to the conditions in which they are not met, and the time-bound changes should be made.
The establishment of administrative authorities in the area shall be reported to the administrative authorities for the demolition of houses within 10 days upon receipt of the residues of the demolitions.
Article 8 Housing demolition contracts shall include the following main elements:
(i) The name of the legal body of both parties, the place of residence, the name of the legal representative, gender, age, residence;
(ii) The structure of the demolition of houses, the area of construction, the construction of buildings;
(iii) The cost of house demolitions, the manner of settlement and the duration of implementation;
(iv) To dismantle the intentions of the disposal of the old materials of the house;
(v) Ground management and security measures to dismantle homes;
(vi) The rights and obligations of both parties;
(vii) The settlement of the breach of responsibility and contract disputes;
(viii) Other.
Article 9. The demolition of construction units in urban homes may be carried out after the receipt of the letter of notification of the demolition of work in urban homes.
Article 10. The demolition of construction units in urban homes is responsible for the removal of construction. The demolition of construction sites should take the following safety precautions:
(i) Prior to the dismantlement of construction operations, a field survey should be conducted on the demolition of homes and their subsidiarys, with the development of corresponding construction operations plans and preventive measures based on operational means used;
(ii) The demolition of the construction site should be marked by the name of the demolition unit, the name of the unit responsible, the name of the head of the construction operation, the name of the security supervisor and the name of the social oversight;
(iii) The dismantlement of construction sites should establish a temporary fence not less than 1.80 mun, and operate closed operations;
(iv) The head of the working area and the main technical chiefs are required to take on-site command, and the construction staff must be assembled at the safety thres;
(v) The removal of accidents in the construction of houses must be reported in a timely manner on the safety oversight, construction and emergency measures to minimize the loss of life and accidents of personnel.
Article 11. The demolition of construction units in urban homes should strengthen the rule of law education and training for the dismantling of construction personnel. The house demolition of construction personnel into new posts or new construction sites should receive safe production education without education training or education training of non-qualified personnel.
Article 12. The urban house demolition units are responsible for the demolition of homes and the surrounding environment and the surrounding city's care. The following provisions should be observed:
(i) No water supply, electricity and gas shall be removed from homes that clearly affect the housing sector;
(ii) The demolition of homes in the area of urban centres or in the busy, should be based on temporary separation blocks along the range of demolitions and safety fences, with the exception of the word left behind, and the right-by-side of the clergy, without affecting urban transport;
(iii) At night, the red warning light should be set up and the removal of waste should be carried out in a timely manner, without being sold on the ground;
(iv) The land and garbage of the demolition work must be dumped at designated locations for urban management;
(v) In the process of saving, garbage transport, no leakage, polluting roads and urban environments may be allowed to sludge wells.
Article 13 should be responsible for inspecting the production safety and sanitation of house demolition operations and identifying problems to be addressed in a timely manner.
Article 14. The demolition of homes should take two ways of mechanical demolitions and dismantling.
The housing at a high level of 7 (consistency 7) or below 21 metres (including 21 m) should be dismantled by mechanical means, but one of the following conditions may be artificially dismantled with the consent of the municipal housing demolition administration authorities:
(i) The mechanical arm of the construction machinery cannot reach more than the construction high;
(ii) The construction of machinery for road reasons cannot reach the operational site;
(iii) It is not possible to meet security cross-cutting requirements in the vicinity of the dismantled buildings.
More than 7 levels or more than 21 metres of buildings should be dismantled in a fragmented manner, except in the view of the public security authorities that there are no conditions for the operation.
In the course of house demolitions, the discovery of material, explosives and unaccounted cables, pipelines, etc., should immediately cease construction and take the necessary emergency measures to protect good sites and report to the relevant departments and district-building administrative authorities within 24 hours.
Article 16, in violation of this approach, provides that one of the following cases is warned by district-building administrative authorities to reorganize the period of time or to stop the demolition; and in serious circumstances, the transfer of the relevant administrative authorities to the extent that:
(i) Removal of works by unauthorized or adaptive means;
(ii) No unauthorized removal of the notice of removal of the construction work;
(iii) Excluding the scope and time frame required;
(iv) Damage to the urban base and utilities;
(v) The failure to adopt dust noise, environmental protection measures and the absence of temporary fences;
(vi) Exclusive swing and maiming;
(vii) Including traffic and affecting surrounding sanitation;
(viii) Contrary to dangerous operations.
In violation of this approach, the demolition of construction units was delayed without administrative penalties and, in addition to the imposition of mandatory measures under the law, the establishment of administrative authorities in the area should inform the authorities of the relocation of homes into the administration, the relocation of the municipal housing authority should be disqualified at the time of the annual review and the release of the nuclear results to the original house for the removal of the salary quality clearance authority.
Article 17
(i) Non-performance of the responsibility for monitoring management or the finding that the offence is not lawfully investigated;
(ii) To request, receive the property of another person or complicate other interests, using the place of office;
(iii) There are other abuses of authority, omissions, provocative fraud.
The demolition management of urban homes in urban areas under the municipal jurisdiction may be implemented in the light of this approach.
Specific issues in the application of this approach are explained by the administrative authorities responsible for the relocation of houses in Sihan City.
Article 20