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Law No. 72 Of 7 April 1998

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

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LEGE no. 72 72 of 7 April 1998 on approval Government Ordinance no. 67/1997 to amend and supplement Government Ordinance no. 20/1994 on the safe implementation of the existing building fund
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 142 142 of 8 April 1998



The Romanian Parliament adopts this law + Article 1 Approval Government Ordinance no. 67 67 of 28 August 1997 to amend and supplement Government Ordinance no. 20/1994 on the safe implementation of the existing building fund, issued pursuant to art. 1 lit. f) of Law no. 134/1997 for the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 227 of 30 August 1997, with the following amendments and additions: 1. In Article I, point 2, Article 1 shall read as follows: "" Art. 1. -Reducing the seismic risk of construction constitutes a complex action of national interest in the context of mitigating the effects of a potential disaster caused by earthquakes, and includes intervention measures in existing buildings, which present insufficient levels of protection from seismic actions, degradation or damage as a result of seismic actions. " 2. In Article I, point 5, paragraph 1-(4) of Article 4 shall read as follows: "" Art. 4. -(1) The technical coordination of the activity in the field of reducing the seismic risk of existing constructions is carried out by the Ministry of Public Works and Spatial Planning by: a) organization of elaboration, approval and approval of technical regulations in the field of anti-seismic protection; b) technical approval of intervention solutions for buildings of vital importance for society, whose functionality, during the earthquake and immediately after the earthquake, must be fully ensured. To this end, the Technical Commission for reducing the seismic risk of constructions, consisting of personalities in the field, is organized within the Higher Technical Council of the Ministry of Public Works and Spatial Planning. (2) The county commissions, respectively of the city of Bucharest, of defense against disasters will act, in their area of authority, for: a) elaboration of programs and monitoring of intervention actions to reduce the seismic risk of constructions; b) anti-seismic education of the population. (3) The county councils, respectively the General Council of Bucharest, and the councils of municipalities, cities and communes will act, in their area of authority, for: a) the establishment and application of restrictions in terms of seismic risk due to the local location conditions imposed by the urban planning and landscaping documentation approved according to the legal provisions; b) identification and inventory of constructions with the destination of dwelling, described in art. 1, private property of natural persons or owned or in the administration of administrative-territorial units, public institutions and economic agents, and monitoring of intervention actions regarding the reduction of risk seismic of these, including technical expertise, design and execution of intervention works; c) substantiation, verification and approval of documentation on intervention actions financed from the state budget or local budgets, as the case may be. The commissions of municipalities, cities and communes will provide housing of necessity, for the temporary accommodation of persons and families, during the execution of interventions that cannot be carried out in occupied buildings. The county councils, respectively the General Council of Bucharest, for the buildings with the destination of housing, technically surveyed and framed by the technical expertise report in seismic risk class I, will notify in writing owners, natural or legal persons, and associates of owners, as well as legal entities, who have under management these constructions, their obligations, according to the legal provisions, to reduce the seismic risk of construction, as well as taking the risk and liability for the potential effects of earthquakes, in a situation where they do not comply with legal obligations. (4) State inspection in construction, public works, urban planning and spatial planning within the Ministry of Public Works and Spatial Planning, through the county inspections and the city of Bucharest in constructions, public works, urban planning and spatial planning, subordinated to it, will technically endorse the lists of priorities, by category of construction, on technical expertise, design and execution of intervention works financed from the state budget or local budgets, as the case may be, to reduce the risk seismic of existing constructions ". 3. In Article I, point 6, letter a) of Article 5 shall read as follows: "" a) for buildings intended for housing, private property of natural persons or owned or in the administration of administrative-territorial units and economic agents-commercial companies with majority state capital or autonomous kings-, within the limits of transfers from the state budget, established annually with this destination in the budget of the Ministry of Public Works and Spatial Planning; " 4. In Article I, paragraph 8, letter a) of Article 6 shall read as follows: " a) for buildings intended for housing, private property of natural persons or owned or in the administration of economic agents-commercial companies with majority state capital and autonomous kings-, as the case may be, from: -the own sources of the owners or economic agents who manage them; -compensation granted by insurance undertakings; -bank loans with a repayment duration of up to 20 years and with an interest rate of 5% per year, for the consolidation of structural elements or structural system as a whole and, where applicable, non-structural elements of the existing construction and/or the introduction of additional structural elements, including the disposal and restoration of related installations, equipment and finishes; for this purpose, the National Bank of Romania is authorized and will open a credit line, according to the provisions legal, at the Romanian Bank for Development-S.A. and other accredited commercial banks, as well as at the Savings and Consemnations House; the difference between the credit interest rate, which includes the reference interest rate (official account fee) of the National Bank of Romania, plus the 5% interest margin per year of the Romanian Development Bank-S.A. and other agreed commercial banks, as well as the House of Savings and Consemnations and the interest paid by the loan beneficiaries will be borne from transfers from the state budget; the way of carrying out the financing is established by convention concluded between the Ministry of Public Works and Spatial Planning, Department for Local Public Administration, National Bank of Romania, Romanian Bank for Development-S.A. and other agreed commercial banks and the House of Savings and Consemnations, with the opinion of the Ministry of Finance; establish the mortgage on the home; in the case of the sale of the home, the agreed price shall ensure the full repayment of the credit, including the related interest, according to bank records from the date of sale of the home; with proof of full payment of the bank loan granted and related interest; -local budgets, for dwellings owned or in the administration of administrative-territorial units; " 5. In Article I, point 9, Article 6 ^ 2 shall read as follows: "" Art. 6 6 ^ 2. -(1) Owners, individuals, who, at the time of approval of the intervention decision, make monthly average net income per family member under the average net monthly earnings on the economy, benefit from allowances to finance expenses on the execution of intervention works on buildings in property with a dwelling destination, classified in the report of technical expertise in seismic risk class I, within the limit of transfers from the state budget, established annually with this destination in the budget of the Ministry of Public Works and Spatial Planning. (2) For owners, individuals, who do not fall within the provisions of par. (1), local councils may finance from local budgets expenditure on the execution of intervention works, depending on the material situation of the owners and the technical condition and the heritage value of the constructions from their property. (3) Financing from local budgets, under the conditions of par. (2), is made in addition to transfers from the state budget, established annually for the financing of expenses on the execution of intervention works on home buildings, classified by the technical expertise report in Seismic risk class I. " 6. Article 11 (2) of Article 11 shall be repealed. + Article 2 Government Ordinance no. 20/1994 on the safe implementation of the existing built fund, republished in the Official Gazette of Romania, Part I, no. 338 of December 7, 1994, as amended, including those brought by this law, shall be republished in the Official Gazette of Romania, Part I, giving the articles and paragraphs a new numbering. This law was adopted by the Senate at the meeting of March 9, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT MIRCEA IONESCU QUINTUS This law was adopted by the Chamber of Deputies at its meeting on March 9, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ANDREI IOAN CHILIMAN -----------