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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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(Adopted at the 53th ordinary meeting of the Government of the Blackonang Province on 7 August 2007 for adoption by Order No. 7 of 7 August 2007 of the People's Government of the Blackon Province, which was launched effective 1 September 2007)

Chapter I General
Article 1 guarantees the quality and safety of construction works and the preservation of the legitimate rights and interests of the parties involved in the construction dressing, in line with the relevant provisions of the State and the province.
Article 2, paragraph 2, provides for construction dressing as described in the present article, which refers to construction activities that have been processed within buildings, constructions, outer space to achieve certain quality and environmental quality requirements.
Construction dressings are divided into public space dressings and family accommodations according to the use.
Article 3 is applicable to units and individuals involved in construction dressing activities within the territorial administration.
Monitoring and management of special engineering buildings such as military facilities, people's air defence and construction walls are carried out in accordance with the relevant national provisions.
Article IV is responsible for the management of the supervision of the refurbishment of buildings in the province and for the organization of the implementation of this provision; the construction dressing administrative authorities established by the Government of the city (the executive branch), the district (the city) are responsible for the supervision of the refurbishment of buildings in the present administration.
The construction refineries at all levels are specifically responsible for day-to-day management.
The provincial General Directorate for Agriation, sub-office and provincial Directorate of Forest Industry, the Authority is responsible for the supervision of the renovation area, the state-owned sensitivities in the forest area, and is operationally guided and supervised by provincial construction refineries.
Article 5. Development and reform, labour, business, environmental protection, health, firefighting, quality technical supervision, safety and production supervision are governed by their respective responsibilities by the relevant supervision of the construction dressing industry.
Article 6. The executive authorities should play a role in industry associations to guide and support industry associations for business services.
Chapter II
Article 7. The units involved in the design and construction of the construction of the construction shall be subject to a corresponding hierarchy of qualifications, in accordance with the provisions of the Blackang Province Building Market Management Regulations, and shall carry out their activities within the limits of their qualifications hierarchy.
The award shall not be transferred or borrowed.
Article 8 units engaged in the design, construction activities shall have the following conditions:
(i) licenses issued by the business administration sector;
(ii) Production tools, equipment adapted to the services provided;
(iii) Funding for activities adapted to the services provided;
(iv) There are fixed office spaces;
(v) A corresponding professional design staff or engineering technicians, technical workers.
Article 9. Agencies engaged in the construction of charging activities should be registered by the business administration and have management tools, equipment and funds adapted to the services provided, with the corresponding engineering administrators and managers.
The institutions involved in the construction dressing exercise should be guided by the principles of integrity, impartiality, science, based on the relevant laws, regulations, regulations and regulations, and the quality of the construction work, the criteria for the receipt and the construction of the construction contract, the treasury contract and the supervision of the construction dressing works.
Article 10. Agencies engaged in the construction of a tendering agent shall be eligible for the construction of a tendering agent in accordance with the provisions of the Petitions Act of the People's Republic of China.
The bidder or the solicitation agent of the construction dressing works, or the solicitation body entrusted to it, shall not be subject to a breach or unreasonable condition limit, exclusion of potential bidders, without discrimination against potential bidders.
Article 11. Agencies engaged in environmental quality, engineering quality testing activities in the construction dressing rooms should be subject to measurement of qualifications, and the parties may engage in corresponding testing activities.
Article 12 Designers, engineering technicians involved in construction dressing activities shall, in accordance with the relevant provisions of the State, obtain a corresponding certificate of eligibility for the operation or a certificate of professional qualifications, and engage in construction dressing activities within the specified framework.
Technical workers engaged in construction dressing activities should be trained by vocational skills training institutions identified by the labour security sector, with vocational skills identification and vocational qualifications certificates, and in construction dressing activities within the mandated profession.
Chapter III
Article 13 states that public space dressings are covered by the present article, which refers to the charging of buildings and constructions used for public purposes other than the renovation of household accommodations.
The owner or the use of the licensor (hereinafter referred to as the public space sensitization), who is required to perform public space dressings, should choose to receive public space dressing works in accordance with the provisions of Article 7, Article 8.
Article 14. The construction contract shall be concluded by law and the use of a model contract. The model text of the contract was developed by the provincial construction refinery administrative authorities with the provincial business administration.
Article 15 units using financial funds to carry out construction dressings should be contracted and sent in accordance with the relevant provisions of the Law on Procurement of the Government of the People's Republic of China and the Law on tendering in the People's Republic of China.
No unit or individual may circumvent solicitation and government procurement by either sub-item or other means.
Article 16 shall have the capacity to prepare solicitation documents and to organize tenders.
The bidder does not have the terms of the solicitation and shall be entrusted with the solicitation by the competent solicitation agent; any unit or individual shall not in any way designate the solicitation agent.
The following construction dressing works shall be carried out:
(i) Government investment works;
(ii) All or partial use of State-owned asset investment or national financing works;
(iii) Public works relating to the security of the property of the people;
(iv) The use of international organizations or foreign government loans and assistance projects;
(v) Work to be carried out in accordance with article 15 of this provision;
(vi) The State stipulates that other construction dressing works should be carried out.
The construction units of public space dressing units shall be informed by the construction refineries at the engineering site either before the start of the work or within 10 days of the start of the work.
Article 19 Testing materials used for construction dressing should be consistent with the mandatory standards set by the State; the use of state orders to phase out or not in compliance with environmental requirements and product quality standards.
The use of prefabricated materials in construction should be in line with the relevant provisions and requirements of the Code of Conduct and Inspection.
Article 20, when construction units perform the construction of public space construction dressing, shall implement the technical norms, technical requirements and mandatory standards promulgated by the State and comply with the following provisions:
(i) No unauthorized change in the design or paper approved by law;
(ii) There shall be no unauthorized removal or destruction of structures such as heavy walls, embassies, columns and pillars;
(iii) There shall be no construction of construction dressing for dangerous buildings;
(iv) The normal use of firefighting facilities and evacuation channels shall not be affected;
(v) The construction site should be in line with fire safety requirements;
(vi) The removal or rehabilitation of heating, water supply, drainage, electricity and fuel pipelines should be implemented separately;
(vii) Construction in accordance with country-mandated process protocols, quality norms and technical standards shall not be subject to theft of work;
(viii) The outside building should be tailored to the planning requirements;
(ix) Quality inspection and record of hidden works;
(x) To comply with the safety construction operation norms, to guarantee the safety of the personnel of the operation and their neighbours and the security of public and private property;
(xi) Effective occupational protection measures by law for persons exposed to toxic and harmful substances;
(xii) Take effective measures to reduce releases of dust, misery and noise;
(xiii) The various wastes generated by construction should be stored and delivered in a timely manner in accordance with the designated location, manner and time of the relevant sector.
Between 12 and 14 hours, between 212 and 6 p.m. are prohibited in the residential area, or in the area of eloquential and shocked construction dressing within two hundred metres of the upper, medium-term examination site.
Article 21 requires a change in the subject matter of construction and a heavy structure or other impact on the use of safety, change in the use of functionality, design programmes should be proposed by the original design unit or design units with a corresponding level of qualifications, with the review of qualifications by the construction paper review body.
In accordance with article 22, hospitals, schools, kindergartens, guests, hotels, stores, recreation sites, vehicle stations, ports, airports, etc., the public space refineries should be entrusted with indoor environmental quality and quality testing of construction works performed by the relevant inspection body certified by measurement.
The mandated inspection body should be responsible for the test results.
Article 23 introduces a system of repairs to construction works, which is responsible for free maintenance by construction units for quality problems arising from the construction units.
The duration of specific maintenance and the content of maintenance are agreed by both parties; the contract does not agree on the duration of the maintenance and the duration of the maintenance is two years.
Chapter IV
Article 24: The owner of the house or the use of the custodian (hereinafter referred to as the breadwinner) shall enter into written or oral agreements with the design, construction unit of its construction works, and promote the use of the model text of the contract for the construction of the household accommodation.
Article 25 advocates the choice of design units consistent with the conditions set forth in Article 7, Article 8, construction units to provide family accommodation services to prevent quality disputes and security accidents.
Article 26 advocates for the commission of a charging exercise by the charging body to ensure the quality of the work.
Article 27 provides for the management of charging materials, construction and maintenance in accordance with articles 19, 20, 21, 23 and 23 of the present provision.
Article 28 encourages family accommodation to cover the quality of the environment in the receiving room or the quality test of construction work.
Article 29 of the Family Secrete Work shall be used for the quality of the product's precision materials and supplies. Due to the lack of qualifications or non-applicability of supplies or supplies, or safety accidents, concealments, should be held by the procurementr responsible for the handling of repairs and supplies.
Article 33 Management units shall communicate the prohibitions and concerns of family accommodations to the construction units commissioned by the breadwinner and the domestic files in writing or in a public manner.
The SPS is prohibited to assign construction units to the domestic fiducer or to forcibly distribut the material.
After the completion of the work of the household housing unit, the construction unit should be given a quality assurance book for household accommodations; the construction unit is responsible for the procurement of charging materials and equipment and should also submit notes, maintenance orders and environmental statements to the household custodians.
The family's family housing unit should be informed of the neighbouring person prior to the introduction by the family clerk.
As a result of the renovation activities in the home's house, the congestion of the neighbouring house, the intrusion of water, the suspension of water and the destruction of the goods, the home-based refineries should be responsible for the rehabilitation and compensation; and the responsibility of the construction unit, the home clerk could recover them.
Article 33 The executive authorities should work with the relevant departments to open the market and to establish an accompanying service system that facilitates family accommodation.
The construction refinery management and construction refinery enterprises should be able to provide counselling services for family accommodations and promote relevant provisions for consumers.
Chapter V Oversight management
Article 34 quantification of administrative authorities and construction refinery management authorities have the right to take the following measures in the exercise of oversight duties with regard to the construction dressing exercise:
(i) Access to the construction site of the inspectorate and other workplace inspections;
(ii) To consult, receive information, documents, such as technical documents relating to the management of construction dressings, internal information, contracts, quality reports, and qualified certificates for the processing of materials;
(iii) Examination of the award of qualifications relating to the refurbishment of buildings or the certificate of eligibility;
(iv) Registration of pre-emptive materials, equipment, production tools for suspected violations.
Article 33, paragraph 15, may be resolved by:
(i) Consultations between the parties;
(ii) To apply for mediation to relevant consumer rights and protection institutions;
(iii) Complaints to the administrative authorities for the construction of the refurbishment, the construction refinery administration or the relevant administrative authorities;
(iv) An arbitration agreement in the construction dressing contract, which is subject to an agreed application for arbitration;
(v) To prosecute the People's Court.
Article XVI provides for offences committed in connection with construction dressing activities, any unit and individual may lodge complaints, reports to the construction of the administrative authority for the refurbishment of the construction or to the construction of the refinery administration.
After a complaint or reporting by the competent organ of the construction dressing, or the construction refinery administration is received by the parties, the processing shall be promptly investigated, the confidentiality of the reporting person and the responses to the parties within 10 days; the transfer of the relevant sector within three days and the notification of the parties.
Chapter VI Legal responsibility
Article 33, relating to the law, regulations or regulations relating to violations of this provision, is punishable by law by the relevant authorities; laws, regulations or regulations do not provide for violations of this provision and are punished by the competent organ of the construction dressing administration in accordance with this provision.
Article 338, the design unit for the construction refinery, the construction unit, the institution of the institution of tendering, the inspection body, the public space dresser, in violation of this provision, is sanctioned by the administrative authorities of the construction dressing system in accordance with the following provisions:
(i) There shall be no corresponding certificate of qualifications for the conduct of construction dressing activities, a change of responsibility and a fine of up to five million dollars.
(ii) The public space dressing units do not carry out the business notification process, with a fine of one thousand.
(iii) Designated units, construction units are designed, constructed without prejudice to the construction-based regulatory, technical requirements or mandatory standards, the time limit is being changed, and the amount of less than 5 per cent of the works is not exceeded at the highest level.
(iv) The public space dresseders, design units, construction units resulting in a reduction in the quality of the works due to the lack of qualifications of the material used, or resulting in a security cover, the return of work or compensation for losses and fines of over $20,000.
(v) In violation of this provision, public space dressing works should be carried out without tendering or imprisonment, corrective orders and fines of up to ten thousand ktonnes of the amount of the project contract, but not more than five thousand dollars.
(vi) In violation of this provision by the solicitation agent or the solicitation agency entrusted to it, the limitation, exclusion of potential bidders, the change of the time limit, the delay of conversion, the amount of the project contract of more than 10 per cent of the total amount of the amount of the project, but not more than five thousand dollars.
(vii) Incorporation of the subject matter of changes in buildings and heavy structures in the course of the refurbishment of the house, which is being restructured to restore the status quo and to meet the security requirements; unprocessarily, a fine of more than 100,000 dollars for the public space sensitivities, imposing a fine on the family breadwinners; causing losses and paying liability under the law.
(viii) In violation of article 22, paragraph 1, of the present provision, the public space licensor has not carried out indoor environmental quality, engineering quality tests, or has been tested for non-qualified inputs, and the period of time has been changed; the fine of over 2,000 yen is less than 2,000.
The executive authorities at all levels may commission administrative penalties provided for in the pre-implementation management.
Article 39 related to administrative authorities, the construction of administrative authorities, the construction refinery management body and its staff, in the management of construction dressing, has one of the following cases, and administrative dispositions by the relevant sector are governed by law:
(i) Failure to perform the statutory duties;
(ii) It is not possible to impose administrative penalties on the basis of or beyond the legal category;
(iii) Execution of administrative penalties in violation of statutory procedures;
(iv) Violations of provisions for administrative inspections or administrative coercive measures;
(v) The treatment of penalties and the imposition of penalties in violation;
(vi) To request or receive property from other persons, with minor circumstances;
(vii) Other circumstances that should be taken administratively by law.
Chapter VII
Article 40