Law No. 72 Of 7 April 1998

Original Language Title:  LEGE nr. 72 din 7 aprilie 1998

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Law No. 72 of 7 April 1998 on the approval of the Government Ordinance. 67/1997 for the modification and completion of the Government Ordinance. 20/1994 on the implementation of safety built into existing ISSUER PARLIAMENT published on OFFICIAL GAZETTE nr. 142 of 8 April 1998, the Romanian Parliament adopts this law.


Article 1 shall be subject to approval of the Government Ordinance No. 67 of 28 august 1997 on the amendment Ordinance No. 20/1994 on the implementation of the safety fund built, issued pursuant to art. and (b). f) of law No. 134/1997 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 227 of 30 august 1997, with the following amendments and supplements: 1. In article I, section 2, article 1 shall read as follows: Art. 1. Reduction of the seismic risk-construction constitutes a complex action, national interest, in the context of the effects of attenuation of a potential disaster caused by earthquakes, and include measures of intervention to existent constructions, showing insufficient levels of protection against seismic actions, degradation or damage as a result of seismic actions. "
2. In article I, section 5, paragraph (1) to (4) of article 4 shall read as follows: Art. 4.-(1) coordination in terms of activity in the field of seismic risk of existing constructions are carried out by the Ministry of public works and town and country planning through: (a) the development, endorsement) and approval of technical regulations in the field of earthquake;
  

b) endorsement in terms of technical intervention solutions for construction of vital importance to society, whose functionality during the Quake and immediately after the quake, must be ensured.
  

To this end, within the framework of the technical Council of the Ministry of public works and town and country planning Commission are organized for seismic risk reduction technique of construction, made up of personalities in the field.

(2) the County Committees, respectively Bucharest, defense against disasters will act in their area of authority for: (a) elaboration of programmes and monitoring) of intervention to reduce the seismic risk of construction;
  

b) educating the population. seismic
  

(3) County Councils, namely the General Bucharest City Council, and the Councils of municipalities, cities and municipalities will act in their area of authority for: a) the establishment and application of restrictions in terms of seismic risk thanks to the local site conditions imposed by the town planning documentation and landscaping have been approved according to law provisions;
  

b identification and inventory of construction) intended as a principal residence, as defined in article 10. 1 private individuals owned or times in the management of administrative-territorial units, public institutions and economic agents, and monitoring the actions of intervention on reducing seismic risk thereof, including technical expertise, design and execution;
  

c), verification and justification the approval of documentation concerning intervention actions financed from the State budget or local budgets, as appropriate.
  

Commissions of municipalities, cities and municipalities will provide needed housing, temporary accommodation for individuals and families during the execution of the interventions which cannot perform in occupied buildings.
County Councils, namely the General Bucharest City Council, for the construction of housing, technical expertise and framed by the ratio of technical expertise in seismic risk class I, shall notify in writing to the owners, individuals or legal entities, and Associates, as well as legal persons, who in these buildings, their obligations under the provisions of law, to reduce the seismic risk of construction and the fact that assumes the risk and responsibility for the potential effects of seismic, in the event that does not comply with legal obligations.

(4) Inspection of State construction, public works, zoning and planning in the Ministry of public works and town and country planning, through inspections and of Bucharest in construction, public works, zoning and planning, subordinated to it, will deliver in terms of technical lists priorities, building categories, related technical expertise, design and execution of intervention financed from the State budget or local budgets where appropriate, to reduce the seismic risk of existing constructions ".
  

3. In article I, section 6, paragraph a) of article 5 shall read as follows: ") for the construction of housing, private property of individuals of the time owned or in the management of administrative-territorial units and economic agents-companies with majority state capital 1900-within the limits of the transfers from the State budget, which is set annually with this destination in the budget of the Ministry of public works and town and country planning;"
4. In article I, section 8, litera a) of article 6 shall read as follows: ") for the construction of housing, private property of individuals of the time owned or in the administration of economic agents-companies with majority state capital and 1900, as appropriate, of:-the sources or own of economic agents which it manages;
-damages awarded for insurance companies;
-Bank loans with a repayment term of up to 20 years and with an interest rate of 5% per annum, to strengthen structural elements or structural system as a whole and, as appropriate, of existing construction structural elements and/or introduce additional structural elements, including undoing and redoing of installations, equipment and related finishes; to this end, the National Bank of Romania shall authorize and will open a credit line, according to the legal provisions, the Romanian Bank for development-and to other banks S.A. commercial accredited, and la Casa de Economii and Consemnaţiuni; the difference between the interest on the loan, which includes the interest reference (official fee discount) of the National Bank of Romania, plus the margin interest of 5% per annum of the Romanian Bank for Development Corporation and other commercial banks, as well as to savings and interest paid by Consemnaţiuni and recipients of loans it will incur from transfers from the State budget; the mode of financing is established through the Convention concluded between the Ministry of public works and town and country planning, Department for local public administration, the National Bank of Romania, Romanian Bank for Development Corporation and other approved commercial banks and savings and House Consemnaţiuni, the opinion of the Ministry of finance; until the full repayment of the loan mortgage of the housing shall be established; in case of sale, the price agreed shall ensure full repayment of the loan, including interest, according to today's date of sale banking housing; the termination of a mortgage is done only with the proof of payment of the credit granted full banking and interest;
-local budgets for all properties owned or in the management of administrative-territorial units; "
5. In article I, section 9, article 6 ^ 2 shall read as follows: Art. 6 ^ 2. -(1) the owners, individuals who, on the date of the approval decision, realises the average net monthly income per family member under the average monthly net earnings, benefit from the allowances to fund expenditure relating to execution of the intervention of the constructions of dwelling, in the ratio of technical expertise in seismic risk class I, limited transfers from State budget fixed annually with this destination in the budget of the Ministry of public works and town and country planning.

(2) for homeowners who are individuals that do not fall within the provisions of paragraph 1. (1) local councils can fund from local budgets, expenditure relating to execution of intervention, depending on the material situation of the owners and the technique and value of heritage buildings from their property.
  

(3) funding from local budgets, according to para. (2) is made in addition to transfers from the State budget, which is set annually for financing expenditure relating to execution of intervention at the construction of the House, framed by the ratio of technical expertise in the class of seismic risk. "
  

6. In article 12, point (2) of article 11 shall be repealed.


Article 2


Government Ordinance No. 20/1994 on the implementation of the safety fund built, republished in the Official Gazette of Romania, part I, no. 338 of 7 December 1994, as amended, including those brought by this law, shall be in the Official Gazette of the Republic of Romania, part I, items and posing a new numbering paragraphs.
This law was adopted by the Senate at its meeting of 9 March 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. SENATE CHAIRMAN MIRCEA IONESCU QUINTUS this law was adopted by the Chamber of deputies at its meeting of 9 March 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT ANDREW JOHN CHILIMAN — — — — — — — — — — —