Interim Measures On Building Management In Fujian Province

Original Language Title: 福建省建筑装修管理暂行办法

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(April 9, 2007, Fujian Provincial people's Government, the 75th Executive meeting April 22, 2007 by Fujian Provincial people's Government, the 97th released as of June 1, 2007) Chapter I General provisions article acts regulating construction renovation to ensure construction quality of decoration and safety, maintenance and decoration of public interest legal rights and interests of the parties involved, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article within the administrative area of the province engaged in building decoration, implementation of the supervision and management of architectural decoration, these measures shall apply.
    Architectural decoration in these measures refers to the buildings and structures meet and use on environmental quality requirements, the use of decoration materials, construction activities for its appearance and internal processing, including renovation and interior decoration of public buildings.
    Public buildings in these measures, including office buildings, commercial buildings, tourism building, science, medical buildings, communications, construction and transportation.
    Article building decoration shall comply with urban planning, engineering, quality, safety, fire, seismic, environmental protection, property management, national and provincial standards and regulations.
    Encourage building power, raw materials, water, fire and environmental protection of new technologies, new processes, new materials, new equipment.
    Article fourth construction administrative departments of the people's Governments above the county level are responsible for supervise building activities within their respective administrative areas.
    People's Governments above the county-level urban planning, real estate, fire protection, environmental protection, quality and technology supervision departments shall, in accordance with their respective responsibilities, and building activities related to the supervision and administration.
    Article fifth construction administrative departments of the people's Governments above the county level shall strengthen guidance for building decoration industry associations, give full play to the role of industry associations.
    Building decoration industry associations shall strengthen self-discipline, services industry, industry norms, accepted construction repair inquiries and complaints, coordinate repair disputes.
    Chapter II general provisions article sixth of architectural decoration design, construction and project management agency (hereinafter referred to as flats) shall obtain the appropriate level of qualification certificates, and to the extent permitted by their level of qualification contract construction and decoration works.
    Engaged in building decoration construction units shall obtain a safety license.
    Seventh architectural decoration and design units should be in accordance with architectural decoration design engineering construction compulsory standard, and is responsible for the quality of the design.
    Architectural decoration design drawings and construction of units shall, in accordance with the technical standards, and is responsible for the quality of the construction.
    Decoration supervising units shall in accordance with the laws, regulations and related technical standards, design documents and construction and decoration contracts on behalf of decoration project supervision for people, and bear the responsibility of supervision.
    Article eighth for building decoration materials and equipment shall comply with the relevant national requirements, product quality and the limit of harmful substances and flammability standard, along with product quality inspection qualified certificate and marked in Chinese product name, size, type, name and address of manufacturer.
    Prohibiting the use of unqualified, the State has been officially eliminated or not in compliance with the national indoor environmental pollution control standards, such as building materials, components and equipment. Nineth for decoration of buildings and structures owners, users or real estate development enterprises (hereinafter referred to as the decoration people) shall enter into decoration and building decoration construction contracts.
    Contract should including following main content: (a) decoration people and building decoration construction units name, and address and contact way; (ii) decoration engineering basic situation and contracting way; (three) for decoration of main material name, and brand, and model, and specifications, and grade, and number; (four) starts, and completed date; (five) engineering price and paid way, and term; (six) engineering quality requirements and acceptance approach; (seven) warranty range, and term; (eight) default responsibility and solution disputes of way.
    Article tenth of buildings and structures of any of the following circumstances, not for decoration: (I) new buildings and structures of main structure of substandard and (ii) existing buildings and structures there are safety risks.
    11th article in decoration activities in the, ban following behavior: (a) without original design units agreed or has corresponding qualification grade of design units proposed design programme, unauthorized changes building subject, and bearing structure; (ii) damaged housing original energy-saving facilities; (three) demolition and fire security about of building facilities or building component; (four) itself demolition, and modified pipeline gas facilities; (five) effect structures security or using security of other behavior.
    12th article building decoration engineering involved changes bearing structure, and using function or over design standard increased floor surface load contains of, its construction figure design file should law submitted construction figure review institutions review; according to national engineering construction fire technology standard need for fire design of, its fire design drawings should law submitted police fire institutions audit; without review, and audit or by review, and audit not qualified of, shall not issued construction license, shall not delivered construction.
    Fire control design of building decoration engineering, construction drawing design documents or drawings need to be modified, it shall be submitted to the original examination, audit, agreed.
    13th article without city planning administrative competent sector approved, shall not unauthorized built buildings, and structures or change buildings using function, shall not unauthorized changes original design State surface, and color, and appearance format; without police fire institutions approved, shall not unauthorized change buildings fire spacing, and refractory grade, and fire partition, and fire security evacuation conditions, and fire facilities, and fuel facilities and the implementation other increased buildings fire load contains or effect fire saves of behavior.
    14th building decoration should be dealing with drainage, water supply, electricity, traffic, sanitation, ventilation, lighting, smoke emissions, such as adjacent relationship.
    15th building decoration construction units shall take measures to strengthen the use of flammable materials, materials and safety management, control and handling all kinds of construction site dust, harmful gases, solid waste, waste water, noise, vibration, pollution and harm to the environment.
    16th renovation works on entry into service, it shall comply with the indoor air quality indoor air quality and indoor environmental pollution control standards requirements.
    Article 17th of indoor air quality testing unit, shall obtain a relevant qualification certificates.
    Detection units should be in accordance with the relevant testing specifications for testing, testing the conclusions issued by shall be true, accurate and complete. Article 18th under the normal conditions of use, minimum warranty period of 2 years of building decoration engineering, water resistant requirements of bathrooms, rooms and exterior wall anti-leakage minimum warranty period is 5 years.
    Have agreed to longer than this period, perform as agreed.
    The warranty period from the date of acceptance of building decoration engineering calculations.
    19th at 12 o'clock noon to 14:30 P.M., 22 o'clock at night to 6 in the morning the next day, may not affect the neighborhood decoration of the normal resting activities; during the exam, college entrance examination, in addition to repair emergency ban on noise sensitive buildings are concentrated in the region engaged in decoration of noise generating activities, specific time and region ranges from city and County Governments announced.
    20th construction administrative department or building decoration Association decoration should be established credit history, credit rating, and the evaluation to the public in a timely manner.
    Chapter III public construction decoration engineering 21st public buildings renovation should be contracted to flats with the appropriate level of qualification.
    Construction of renovation of public buildings must be tendered according to law, the tender documents shall clearly building decoration material specification, type and quality level. 22nd separate employer for public building projects, decoration shall legally apply to departments of engineering construction of local people's Governments above the county level administration of construction permits; employer together with the main part of the project, according to the construction permit in conjunction with the main part of the project. Failing to obtain a construction permit, shall not commence.
    Limits set by the State except in the following architectural decoration engineering.
    Article 23rd renovation receives the decoration of public buildings after the project completion report, relevant departments should organize the design, construction, supervision and acceptance, and fire inspection formalities according to law.
    Decoration shall in the decoration project completion date of acceptance in the 15th, the completion report and approval documents issued by public security fire control institutions construction administrative departments. Article 24th before the renovation project use for public buildings, decoration shall be commissioned on indoor air quality indoor air quality testing unit for testing.
    After passing the examination, may be put into use.
    Fourth chapter House decoration projects 25th owner can decorate their own homes, or Commission shall obtain the appropriate certificate of residential flats decoration.
    Owners renovated, personnel must be held responsible for interior utility lines construction post certificate.
    Article 26th decoration in residential renovation begun, shall inform the management company or the Housing Authority; residential lessees under renovation, will provide the consent of the lessor written proof of the decoration.
    27th property management companies or housing management agencies should be prohibited in housing decoration and allow construction, waste removal and disposal issues inform the people of the decoration.
    Decoration of people required to build units or property management company for building structures, electrical and other pipeline route map, owner or Realty Management Enterprise shall provide.
    28th repair construction shall be listed on the site, sign renovation construction name (name), and contact information.
    Article 29th renovation process waste and other waste generated shall be as specified by the property management company or housing management agencies, modalities, time to pile up and removal, not outside throwing, not to rubbish roads, drains, vents, fire exits, such as dumping. Article 30th toilet, kitchen waterproof layer of alteration, shall, in accordance with waterproof construction standards and closed water test.

    31st property management companies or housing management agencies, identified a violation in residential renovation, shall dissuade, deter and dissuade or stop is not valid for Convention against the landlord actions should be reported within 24 hours of the owners ' Committee; for acts in violation of the relevant provisions shall be reported within 24 hours of relevant law enforcement authorities, relating to violations by law enforcement departments shall be stopped or the law. Article 32nd commissioned after completion of the renovation, renovation organization shall, in accordance with the contract acceptance.
    Acceptance, renovated unit shall issue a decoration quality warranty and all kinds of pipe line finish construction, and according to the contract to entrust a qualified testing unit for indoor air quality testing.
    Decoration unit responsible for procurement of materials and equipment, should be submitted to decoration material and equipment manuals, warranty and environmental specifications.
    Article 33rd Convention on temporary owners of real estate development enterprise development should include renovation of norms; to provide the buyers of the housing manual should be explicitly prohibited acts in decoration, decoration specification, the indoor environmental pollution control requirements and other related matters.
    34th to encourage citizens, legal persons and other organizations to invest in residential renovation market as decoration choice residential interior design, construction, supervision, testing and refurbishing materials provided facilitation services. 35th real estate Enterprise Unified decoration goods on sale dwelling, centralization and decentralization should be renovated in a contract of sale of commercial housing warranty, warranty term, warranty liability conventions.
    When delivered, the real estate development enterprise should provide the purchaser completes decoration, indoor air quality inspection report and includes renovation of the residential quality guarantee and the housing with the instruction manual.
    Fifth chapter 36th penalties in violation of the provisions of article tenth, construction administrative departments of the people's Governments above the county level shall order rectification refuses, the decoration of public buildings who fined 10,000 yuan and 30,000 yuan fines, more than 1000 Yuan for residential renovation people fined not more than 3000 Yuan.
    37th article violation this approach 11th article subsection (ii) items, and subsection (four) items provides of, by County above government construction administrative competent sector ordered corrected, and by following provides sentenced fine: (a) damaged housing original energy-saving facilities of, on decoration units sentenced 1000 Yuan above 5000 Yuan following of fine; (ii) itself demolition, and modified pipeline gas facilities of, on decoration people sentenced 200 Yuan above 2000 Yuan following of fine.
    38th article violates these rules, without an indoor air quality testing or the delivery of a screening unqualified building, the construction administrative departments of the people's Governments above the county level shall order rectification, repair people fined 5000 Yuan and 30,000 yuan fines.
    39th in violation of the provisions article 30th, not according to waterproof construction or closed water test standards, the construction administrative departments of the people's Governments above the county level shall order rectification, more than 1000 Yuan for building decoration construction of up to 5000 Yuan fine.
    40th disobey article 35th, real estate homes of enterprises use uniform decoration, did not provide the purchaser with the decoration as-built drawings, indoor air quality inspection reports or contains a renovated the residential quality guarantee of the contents and the housing with the instruction manual, the construction administrative departments of the people's Governments above the county level shall order rectification, fined 1000 Yuan and 10,000 yuan fine.
    41st for acts in violation of these rules, laws and regulations on penalties from its provisions.
    42nd out of building renovation contract disputes, the parties can contribute to the architectural decoration industry associations, consumer protection Commission, can also apply for arbitration or a lawsuit.
    Decoration right affecting public interests, or the interests of the people, owners of owners of related rights may request the Commission, in accordance with Convention, you can also complain to the relevant law enforcement authorities according to law, to report, or a people's Court according to law. 43rd article about sector and law enforcement institutions and staff has following behavior one of of, on has responsibility of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) received property management enterprise or housing management institutions on decoration people or decoration units violations of report Hou, not law be survey processing; (ii) not perform this approach provides of supervision check duties, caused major security accident; (three) violation this approach provides approval, and issued construction license; (four) other abuse, and
    Favoritism, negligent behavior.
    Sixth chapter supplementary articles article 44th of newly-built commercial residential real estate development enterprises of unified decoration, these measures shall apply to the relevant provisions of the decoration of public buildings.
    In industrial architectural decoration and the supervision of its implementation, in accordance with the measures relating to public building regulations.
                                                              45th these measures shall come into force on June 1, 2007.