Provisions On Administration Of Building Decoration In Heilongjiang Province

Original Language Title: 黑龙江省建筑装饰装修管理规定

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(Heilongjiang provincial people's Government on August 7, 2007 at the 53rd Executive meeting on August 7, 2007 7th release of Heilongjiang province as of September 1, 2007) Chapter I General provisions article regulating construction and decoration market order to ensure construction quality of building decoration and safety, maintenance and building decoration and the legitimate rights and interests of the parties concerned, in accordance with relevant provisions of national and provincial, combined with the facts of the province, these provisions are formulated.
    Second building decoration in these rules refers to the buildings and structures within, outer space reach a certain quality of engineering quality and environmental requirements, the use of decoration materials, building, structure, appearance and internal modification treatment project construction activities.
    According to the purpose of building decoration is divided into public space decoration and family room decoration.
    Article building decoration in administrative areas of this province, the units and individuals, these provisions shall apply.
    Military facilities, air defense, building walls and other special project oversight and management of architectural decoration, in accordance with the relevant provisions of the State.
    Fourth administrative departments in charge of building decoration, construction and decoration of the province administration, organizing the implementation of the provisions (Administrative Office), County (City) shall determine the competent administrative Department of interior architecture, responsible for the supervision and management of construction and decoration work within their respective administrative areas.
    Building decoration and administrative departments at all levels of authority specifically responsible for the day-to-day management of building decoration work.
    , Ken, stations and provincial forest industry Office, the authority responsible for managing the construction and decoration of the bodies responsible for reclamation and State-owned forest industry region in the supervision and management of building decoration, accepts provincial administrative departments of building decoration on the business guidance and supervision.
    Article development and reform, labor, business, environmental, health, fire protection, quality and technical supervision, supervision and other departments, according to their respective duties related supervision and management of building decoration industry.
    Sixth administrative departments should play of building decoration industry associations, guidance and support to industry associations for enterprise services.
    Chapter II administration of qualified seventh in the interior architecture design, construction units shall in accordance with the provisions of the building management Ordinance in Heilongjiang province, after obtaining the appropriate level of qualification certificates, engaged in activities within the scope allowed by their level of qualification, and complete.
    Certificates shall not be transferable and lending.
    Eighth article engaged in building decorative decoration design, and construction activities of units, should has following conditions: (a) business administration sector issued of license; (ii) and by provides of service phase adapted of tools, and equipment; (three) and by provides of service phase adapted of activities funds; (four) has fixed of Office places; (five) equipped with corresponding of professional design personnel or engineering technicians, and technology workers.
    The Nineth agency engaged in supervision of building decoration activities, should be registered by the Administrative Department for industry and commerce, and commensurate with the services provided by the management tool, equipment and funds, with appropriate supervision and management personnel.
    Agency engaged in supervision of building decoration activities should follow the integrity, impartiality and scientific principles, pursuant to the relevant laws, rules and regulations, as well as building decoration project quality specification, acceptance and building decoration engineering supervision of construction contracts and contracts for construction supervision and management of building decoration.
    Tenth bodies engaged in bidding of building decoration agency activities shall be in accordance with the People's Republic of China tendering and bidding of the law stipulates that after obtaining the corresponding qualification before they can engage in the bidding of building decoration activity.
    Construction bidding of building decoration or commissioned by the tender agent institution in bidding shall not be unlawful or unreasonable conditions, exclusion of potential bidders, shall not discriminate against potential bidders.
    11th to engage in building decoration and Interior environmental quality, quality inspection and testing bodies, shall be subject to metrological certification after passing the corresponding inspection before engaging in activities.
    12th engages in activities of building decoration designers, engineers and technicians, shall, in accordance with the relevant provisions of the State, shall obtain the appropriate certificate of qualification or professional qualification certificate and building decoration in the scope of activities.
    Skilled workers engaged in construction and decoration activities shall be determined by the labor and Social Security Department of vocational and technical training institutions and training of qualified, professional skill appraisal, after you have obtained the professional qualification certificate, within the required range of occupations in construction and decoration activity.
    Chapter III administration of public space decoration decoration of public space in the 13th article of the rules refers to family room decoration for public use buildings and structures of decoration activity.
    Requires public space decoration of the house owner or holder (hereinafter referred to as decoration of public space people) should be selected in accordance with the provisions of the seventh and eighth article units to undertake the decoration of public space. 14th public space decoration works should be entered into the construction contract according to law, and using the Unified contract demonstration text.
    Contract demonstration text, relevant departments for architectural decoration, by province, provincial administration for industry and Commerce departments.
    15th using Government funds for the construction and decoration of units should be in accordance with the People's Republic of China Government procurement law and the People's Republic of China tendering and contracting, the relevant provisions of the law of contract.
    No unit or individual is allowed to split the project or otherwise circumvent the bidding and Government procurement.
    The 16th of the tenderer to carry out the tender itself, should have the capacity to prepare the tender documents and organizing bid.
    The tenderer fails to meet the tender conditions, shall entrust a qualified bidding agency tender; any unit or individual is allowed to bidding Agency assigned to it in any way.
    17th article following building decorative decoration engineering should implemented supervision: (a) Government investment of Engineering; (ii) all or part using state-owned assets investment or national financing of Engineering; (three) involved people life property security of public Engineering; (four) using international organization or abroad Government loan, and assistance funds of Engineering; (five) meet this provides 15th article provides should for tender of Engineering; (six) national provides should implemented supervision of other building decorative decoration engineering.
    18th public space decoration and construction units should be in project or inform project is located in the 10th after the start of administration of building decoration.
    19th building decoration decoration materials shall conform to the national mandatory standards; prohibit the use of the State has been officially eliminated or that do not meet environmental requirements and product quality standard of decoration materials.
    Use decoration of building decoration material, shall conform to the interior decoration of the building fire safety construction and acceptance of relevant provisions and requirements of the specification.
    20th article construction units for public space building decorative decoration construction Shi, should implementation national issued of building decorative decoration technology specification, and technology requirements and mandatory standard, and comply with following provides: (a) shall not unauthorized change law approved of design programme or drawings; (ii) shall not unauthorized demolition or damage bearing wall body, and beam, and Board, and column, structure; (three) shall not on dangerous buildings for building decorative decoration construction; (four) shall not effect fire facilities and evacuation channel of normal using; (Five) construction site should meet fire security requirements; (six) demolition or transformation heating, and water, and drainage, and power, and gas pipeline of, should respectively implementation related management provides; (seven) according to national provides of process procedures, and quality specification and technology standard construction, shall not Jerry; (eight) buildings outside State surface styling should meet planning requirements; (nine) do hidden engineering of quality check and records; (ten) comply with security construction operation specification,
    Guarantee job personnel and adjacent personnel of personal security and public-private property of security; (11) on contact toxic, and harmful material of personnel, should law take effective of occupational protection measures; (12) take effective measures, reduced dust, and odor and noise of emissions; (13) construction produced of various waste, should according to about sector specified of location, and way and time for stacked and timely removal.
    Prohibition of the 12 o'clock to 14 o'clock, between 22 o'clock and six o'clock the next day in a residential neighbourhood, or within 200 metres around the examination room during the examination or test for noise, vibrations of building decoration job.
    21st building decoration needs changes and load-bearing structures or other safe, change the function used shall be subject to the original design unit or with the appropriate level of qualification of design unit designs, construction drawings required after the review body, can be carried out the decoration.
    22nd hospitals, schools, child care centers, hotels, restaurants, shops, entertainment, stations, ports, airports and other public gathering places after completion of the construction and decoration, decoration of public space shall be commissioned after measurement accreditation of inspection bodies to carry out the indoor environmental quality and architectural decoration engineering quality inspection and testing, and inspection by qualified, may be put into use.
    Authorized inspection bodies shall be responsible for the inspection results.
    23rd building decoration construction project guarantee system, warranty of quality problems due to construction reasons, the construction units are responsible for repair free of charge.
    Specific warranty period and warranty agreement by both parties; the warranty period is not agreed in the contract, the warranty period is two years.
    Fourth chapter family room decoration management 24th family room decoration house owner or holder (hereinafter referred to as home decoration people) should undertake its construction decoration engineering design, construction units under a written or oral agreement; promotion of room decoration projects contract demonstration text.
    25th advocate home decoration chosen in accordance with the provisions of article seventh, eighth requirements design, construction units to provide family room decoration service, in order to prevent disputes over quality and safety accident.
    26th advocate home decoration people commissioning supervision for household decoration engineering supervision to ensure project quality.
    27th home decoration and construction units for family room decorating activities shall conform to the provisions of the 19th, 20th, 21st, 23rd on the decoration materials, construction and maintenance regulations.
    28th family room decoration shall be encouraged to accept the indoor environmental quality or building decoration engineering quality inspection. 29th family room decoration projects should use the product quality of decoration materials and supplies.
    Decoration and fitment materials and supplies not eligible or not for quality or safety accidents, hazards, should be responsible for decorating and refurbishing materials and supplies procurement party responsibility.
    30th property management unit should be the family room decoration projects of prohibited acts and matters needing attention in writing or publicity way inform home decoration and home decoration authorized by construction units.
    Prohibits a person from property management firms to home decoration and assigned to construction units or compulsorily selling decoration materials.
    After completion of the 31st family room decoration, the construction unit shall issue a quality warranty family room decoration construction units responsible for the procurement of decoration materials and equipment, should also be submitted to the home decoration people instructions, warranty and environmental specifications.
    32nd home decoration people prior to the family room decoration, should inform adjacent person.
    Due to adjacent residential house family room decorating activities pipe blocked, leaking water, power outages, damage the water supply, home decorating and who shall be responsible for rehabilitation and compensation; responsibility belongs to the construction unit, home decoration to which people can recover.
    33rd building decoration and administrative authorities shall cooperate with the departments concerned, opening up the home improvement market, create a family room decoration service system.
    Decoration management institutions and building decoration enterprises should make family room decorating consultation services for consumers to popularize related knowledge, the publicity of such requirements.
    Fifth chapter supervision management 34th article building decorative decoration administrative competent sector and building decorative decoration management institutions on building decorative decoration activities perform supervision check duties Shi, right to take following measures: (a) into was check units of construction site and other work places for check; (ii) query, and access and building decorative decoration management about of technology file, and within industry information, and contract, and quality report, and decorative decoration material certificate, information, and file;
    (C) the checks associated with the construction and decoration of the qualification certificates or qualifications; (iv) decoration material, equipment, suspected of illegal production tools antecedent register.
    35th article building decorative decoration activities in the occurred dispute of, can through following way solution: (a) both consultations; (ii) to about consumers interests protection institutions application mediation; (three) to building decorative decoration administrative competent sector, and building decorative decoration management institutions or about administrative competent sector complaints; (four) building decorative decoration contract in the has arbitration agreed of, according to agreed application arbitration; (five) to court filed litigation.
    Article 36th on the violations that occurred in the activity of building decoration, no units or individuals may approach the administrative supervisor of building decoration sectors or management bodies, reports of building decoration.
    Chief Executives of building decoration sectors or building decoration after authorities received complaints or reports of the parties, shall promptly investigate and deal with, the informer confidential and replies in the 10th party; belonging to other administrative functions of the Department, should be handed over to relevant departments in the 3rd, and inform the parties.
    Sixth chapter 37th liability laws, rules or regulations for violations of the provisions of the relevant provisions, penalty shall be imposed by the relevant authorities; laws, rules or regulations not specified for violations of the provisions of the Act, by the competent administrative Department for building decoration in accordance with these provisions are punished.
    Article 38th engaged in architectural decoration design, construction units, supervision agencies, bidding Agency, inspection bodies, public space decoration in violation of this provision, by the competent administrative Department of interior architecture in accordance with the following provisions: (a) does not have the qualification certificate to engage in activities of building decoration, correction and fined a maximum of between 50,000 yuan and 10,000 yuan.
    (B) public space decoration construction units are not the commencement inform formalities, of 1000 Yuan fine.
    (C) the design, construction design, construction units, building decoration and design specifications, technical requirements are not met or mandatory standards, a rectification; fails to mend, cost more than 2% 5% fine, but shall not exceed a maximum of 50,000 yuan.
    (D) public space decoration, design units, construction decoration material arising out of the use of substandard engineering quality standards reduce or pose a security risk, ordered to rework or compensation and fines of between 10,000 yuan and 20,000 yuan.
    (E) public space decoration in violation of these provisions should be subject to bidding or implementation of any supervision, ordered corrective action and project contract amount, and fined a maximum of 5 per thousand to 10 per thousand, but shall not exceed a maximum of 50,000 yuan.
    (Vi) the bid of the tenderer or its authorized agents in violation of the provisions, restrictions, exclusion of potential bidders, a rectification; fails to mend, project contracts valued over 5% 10% fine, but shall not exceed a maximum of 50,000 yuan.
    (G) the decoration in the decoration process without changes in housing the main building and the load-bearing structure, correction deadlines for restitution, meet security requirements; it fails to mend, for decoration of public space people fines of between 50,000 yuan and 100,000 yuan, 1000 Yuan fine decoration person; losses caused shall bear liability.
    (VIII) public space decoration violates the provisions of the 22nd article, not for indoor environmental quality, quality inspection and testing, or inspection of the nonconforming use, a rectification; fails to mend, fines of between 5,000 yuan and 20,000 yuan.
    All levels of building decoration decoration may be entrusted by the Administrative Department authorities implement administrative penalties stipulated in the preceding paragraph.
    39th article about administrative competent sector, and building decorative decoration administrative competent sector, and building decorative decoration management institutions and staff in building decorative decoration management work in the, has following case one of of, by about sector law give administrative sanctions: (a) not perform statutory duties of; (ii) cannot set according to or over statutory type, and range implementation administrative punishment of; (three) violation statutory program provides implementation administrative punishment of; (four) violation provides implementation administrative check or administrative forced measures of;
    (E) illegal confiscation, confiscation of goods; (vi) making use of his facilities, demanding or accepting other people's property, minor and (VII) other circumstances should be given administrative sanctions according to law.
                                                                                                                              The seventh chapter by-laws 40th these provisions come into force on September 1, 2007.