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Law No. 460 Of 18 July 2001 On The Amendment Of The Government Ordinance No. 20/1994 On Measures To Reduce Seismic Risk Of Existing Constructions

Original Language Title:  LEGE nr. 460 din 18 iulie 2001 pentru modificarea şi completarea Ordonanţei Guvernului nr. 20/1994 privind măsuri pentru reducerea riscului seismic al construcţiilor existente

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LEGE no. 460 460 of 18 July 2001 to amend and supplement Government Ordinance no. 20/1994 on measures to reduce the seismic risk of existing buildings
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 428 428 of 31 July 2001



The Romanian Parliament adopts this law + Article 1 Government Ordinance no. 20/1994 on measures to reduce the seismic risk of existing constructions, republished in the Official Gazette of Romania, Part I, no. 150 of 15 April 1998, as amended, shall be amended and supplemented as follows: 1. Article 5 shall read as follows: "" Art. 5.-(1) The funds necessary to finance the expenditure on technical expertise, design and execution of consolidation works on existing constructions shall be ensured as follows: a) to existing constructions, owned or in the administration of public institutions: ((i) of the state budget or local budgets, on the basis of the investment programmes of the principal authorising officers, funds comprising the global position "Other investment expenditure"; ((ii) of the own revenue of public institutions financed by extra-budgetary income; b) to existing constructions, owned or in the administration of economic agents, from the own funds of economic agents. (2) For privately owned housing of individuals the necessary funds regarding the financing of expenses for technical expertise, the design and execution of consolidation works will be ensured as follows: a) from transfers from the state budget, within the limits of the funds approved annually with this destination in the budget of the Ministry of Public Works, Transport and Housing, for technical expertise; b) from the owners ' own sources, from compensation granted by insurance companies and/or from loans, for the design and execution of consolidation works. " 2. Article 6 shall read as follows: "" Art. 6. -(1) Multi-stage living buildings, framed by the technical expertise report in seismic risk class I and which present public danger, shall be included in annual action programmes on the design and execution of consolidation works for Seismic risk reduction, hereinafter referred to as annual programmes. (2) The annual programmes shall be drawn up by the Ministry of Public Works, Transport and Housing, together with the Ministry of Public Administration, based on the priorities established on technical criteria by the General Council of Bucharest and county councils and approved by the Technical Commission to reduce the seismic risk of constructions, and shall be approved by Government decision, within the limits of the annual budgetary provisions approved with this destination. (3) The General Council of Bucharest Municipality and the county councils, together with the councils of municipalities and cities that benefit from amounts allocated from transfers from the state budget for the financing of annual programs, are obliged to put to the Ministry of Public Works, Transport and Housing all supporting documents requested, answering for the needs and appropriateness of the requested amounts, as well as for the reality, accuracy and legality of the amounts spent in the purpose for which they were allocated. " 3. Article 7 shall read as follows: "" Art. 7. -(1) The funds required to finance expenditure on the design and execution of consolidation works on the buildings included in the annual programmes shall be ensured as follows: a) of transfers from the state budget, within the limits of the funds approved annually with this destination in the budget of the Ministry of Public Works, Transport and Housing, for private property dwellings of individuals, by exception to Art. 5 5 para. ((2) lit. b); b) from local budgets, for dwellings and spaces with a destination other than that of dwelling, owned or in the administration of administrative-territorial units; c) from the state budget, from local budgets or from extra-budgetary income, as the case may be, within the limits of the funds established annually with this destination for housing and spaces with a destination other than that of dwelling, existing in the property or in the management of other public institutions, depending on the subordination of those institutions d) from the own funds of economic agents, for dwellings and spaces with a destination other than that of dwelling, owned or in their administration. (2) Public institutions and economic operators holding housing or premises with a destination other than housing in the buildings included in the annual programmes shall be obliged to provide financing for the design and execution of the consolidation works, proportionate to the individual share of the common property. ' 4. Article 8 shall read as follows: "" Art. 8. -(1) Housing owners, individuals, from the buildings included in the annual programs will act according to the provisions of art. 2 2 para. (2) and will benefit from financing from transfers from the state budget for the design and execution of consolidation works, under the following conditions: a) the existence of the decision of the association of owners, adopted under the law, on the execution of the consolidation works, as well as of the documents, agreements and opinions provided for in 50/1991, republished, as amended, regarding the authorization of the execution of construction works; b) establishment of legal mortgage of the state on the dwelling; c) restitution, at the end of the consolidation works, of the amounts allocated from transfers from the state budget for the execution of consolidation works, in equal monthly interest rates without interest, with a repayment duration of up to 25 years from the date reception of consolidation works; in case of late payment of instalments by more than 30 days, delay increases are calculated at the due rates, applying the rate of increase, established under the law, for non-payment term of budgetary obligations. (2) The cancellation of the mortgage shall be made only with the proof of full payment of the expenses made from transfers from the state budget for the execution of the consolidation works. ((3) The establishment and deregistration of the mortgage shall be exempt from the stamp duty. " 5. After Article 8, Articles 8 ^ 1 -8 ^ 6 are inserted with the following contents: "" Art. 8 8 ^ 1. -Housing owners, individuals, who make monthly net average income per family member below the average monthly net earnings on the economy, during the periods in which they realize these incomes are exempt from paying monthly rates, by exception to the provisions of art. 8 8 para. ((1) lit. c); the obligation to return the amounts allocated from transfers from the state budget for the execution of the consolidation works shall be reduced by the amounts related to the periods of exemption for payment of monthly instalments. Art. 8 ^ 2. -(1) For the buildings included in the annual programs, the mayors of the municipalities and cities, respectively the general mayor of Bucharest, will take the necessary measures to: a) contracting the design of consolidation works and approval of feasibility studies; b) contracting the execution of consolidation works; c) the establishment of the legal mortgage of the state on privately owned housing of individuals, to which consolidation works financed from transfers from the state budget are to be executed; d) insurance of authorized site supervisors; e) the verification and settlement of the design documentation, as well as of the actual works situations executed for the consolidation of the structural system as a whole or of the structural elements and, where appropriate, the introduction of structural elements additional and/or repair of non-structural elements of the existing construction, including the unwinding and restoration of installations, equipment and finishes in the intervention area; f) organization of reception at the end of consolidation works; g) the establishment of the value situation of settlements by categories of real works executed and the distribution on each owner of the expenses incurred for the execution of consolidation works, proportional to the share of property the common ownership of each owner; h) conclusion of contracts for the restitution of the amounts allocated from transfers from the state budget on the execution of consolidation works, record, calculation and collection of monthly rates and pursuit, according to the law, of outstanding debtors. (2) The contract provided in par. ((1) lit. h) has a genuine inscription value and constitutes enforceable title. Art. 8 ^ 3. -(1) The foreigner, within 25 years of the reception of the completion of the consolidation works, of the private property dwellings of the individuals in the buildings included in the annual programmes and to which funded consolidation works were carried out by transfers from the state budget is conditional on the full reimbursement of unpaid rates, according to the local council's record, updated on the date of estrangement. (2) The update shall be carried out according to the index of the total consumption prices of the population, published monthly by the National Institute of Statistics in the Statistical Price Bulletin, for the interval between the reference month of the reception at the completion of the consolidation works and the month of updating the unpaid rates. Art. 8 ^ 4. -The amounts collected from the monthly rates, as well as those related to the rates remaining to be paid and updated on the date of disposal shall be transferred to the special purpose income account of the administrative-territorial unit, opened at the state treasury, for the further financing of actions to reduce the seismic risk of existing buildings with the destination of housing. Art. 8 ^ 5. -Legal acts of alienation concluded in violation of the provisions of art. 8 3 are hit by absolute nullity, good faith cannot be invoked in such cases. Art. 8 ^ 6. -Private property apartments of individuals in buildings with the destination of dwellings classified in class I of seismic risk by report of technical expertise, acquired under the conditions of art. 9 9 para. ((1) of Law no. 112/1995 for the regulation of the legal situation of some buildings with the destination of housing, passed into state property, included in the annual programs and to which it is financed, from transfers from the state budget, the design and execution of works of consolidation, will be mortgage once the acquisition of the right of property, by exception to the provisions of art. 8 8 para. ((1) lit. b). " 6. In Article 10, paragraph 1 shall read as follows: "" Art. 10. -(1) Transfers from the state budget to finance the expenses provided in art. 5 5 para. ((2) lit. a) and art. 7 7 para. ((1) lit. a) is distinctly founded by the local councils on the occasion of the elaboration of the state budget and shall be transmitted to the county council, respectively to the General Council of Bucharest 7. Article 11 shall read as follows: "" Art. 11. -Contracting technical expertise, design and execution of consolidation works financed by public funds is done in compliance with the legal provisions in force on public procurement. " 8. Article 15 shall be inserted after Article 14: "" Art. 15. -Failure to comply with the provisions of this ordinance attracts, under the law, material, civil, administrative or criminal liability, as the case may be + Article 2 Owners of homes, individuals, from residential buildings classified by the technical expertise report in seismic risk class I, which, on the date of entry into force of this law, benefit from consolidation projects financed from transfers from the state budget, completed or contracted and in the process of elaboration, will continue the execution of consolidation works under the present law. + Article 3 Within 30 days from the date of entry into force of this law the Ministry of Public Works, Transport and Housing and the Ministry of Public Administration, with the opinion of the Ministry of Public Finance, will update the methodological norms approved by Government Decision no. 844/1999 , published in the Official Gazette of Romania, Part I, no. 516 bis of October 25, 1999, which they will submit for adoption to the Government. + Article 4 Government Ordinance no. 20/1994 , republished, as amended, including those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of June 11, 2001, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of June 26, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU --------------