Regulations of Ningbo Municipality on Housing Safety Management

Article 1 These Regulations are formulated in accordance with the provisions of relevant laws and regulations and combined with the actual situation of this Municipality in order to strengthen the safety management of urban housing use and ensure the safety of people's lives and property.

Article 2 These Regulations shall apply to the use safety management of all kinds of residential and non-residential houses that have been delivered for use in the built-up areas of cities (including towns) within the administrative area of this Municipality.

Article 3 The term "house use safety management" as mentioned in these Regulations refers to house decoration safety management, house safety appraisal management and dangerous house prevention management.

Fourth housing use safety management should follow the principles of prevention first, combining prevention with control, comprehensive management and ensuring safety.

Article 5 The municipal real estate administrative department is the competent department of the city's housing use safety management, and the county (city) and district real estate administrative departments are responsible for the housing use safety management within their respective jurisdictions. Construction, planning, urban management, industry and commerce, public security, production safety supervision and other departments, as well as street offices and town people's governments shall, according to their respective responsibilities, coordinate in the safety management of housing use. Safety management of residential decoration

Sixth house decoration should ensure the integrity and structural safety of the house, and shall not affect the use safety of adjacent houses.

Seventh residential (including non-residential buildings connected with the residential structure) housing decoration prohibits the following acts that endanger the safety of housing use: (1) illegal demolition and alteration of load-bearing beams, columns (including structural columns) and infrastructure; (two) illegal removal of the bearing wall or digging doors on the bearing wall; (3) illegally digging holes in the load-bearing wall of overhanging stairs; (4) digging holes in the wall of the cantilever balcony; (five) to build a wall that exceeds the design standard on the floor; (6) Grooving and installing various pipes on the floor structure layer; (seven) the house or balcony that does not meet the waterproof requirements is changed to the bathroom and kitchen; (eight) adding stories to build sheds at the top of buildings without authorization; (nine) unauthorized adjustment, change of housing fire, gas, electricity, urban central heating, water supply and drainage facilities and equipment.

Eighth non-residential housing decoration involves changing the main building and load-bearing structure, or exceeding the design standards to increase the use load of the house, the original design unit or other design units with corresponding qualifications shall put forward the decoration design scheme in accordance with state regulations; No construction is allowed without a design scheme.

Ninth housing renovation project in the amount of more than 300 thousand yuan and the construction area of more than 300 square meters, it should be handled in accordance with the law to the construction administrative department for construction permits before the project starts. If a house decoration project needs to apply for a construction project planning permit according to law, it shall apply to the planning department for a construction project planning permit.

Tenth residential housing decoration, the owner or user shall inform the realty service enterprise in writing of the decoration items, decoration parts, decoration time, etc. ; If property management is not implemented, it shall inform the safety management department where the house is located. In any of the following circumstances, it shall be filed with the house use safety management department where the house is located or the property service enterprise entrusted by it: (1) Dismantling, refitting or changing the non-load-bearing structure; (two) increase the wall, increase the use of housing load; (3) Digging non-bearing walls, expanding or moving the size and position of doors and windows. Before the renovation of a non-residential house, the owner or user shall file with the safety management department where the house is located or the property service enterprise entrusted by it. When applying for house decoration, the owner or user of the house shall submit the following materials: (1) the identity certificate and property right certificate of the owner or user of the house; (two) the design scheme, construction scheme or related instructions of the house decoration. When decorating a house, the user of the house shall obtain the consent of the owner.

Eleventh housing safety management departments and property services companies shall inform the owners and users of housing in writing about the scope of prohibition of housing decoration and related matters needing attention. The house use safety management department and the property service enterprise entrusted by it shall timely review the filing materials submitted by the house owners and users; If it is found that there may be illegal decoration, an on-site investigation shall be conducted to stop the illegal decoration.

Twelfth non residential housing decoration should be termite prevention, the owner or user should sign a termite prevention contract with the termite control agency. The owner or user of a residential house may sign a termite prevention contract with a termite control institution. Termite control institutions shall carry out termite control activities in newly-built residential areas, and provide pharmaceutical, technical and consulting services.

Thirteenth housing use safety management departments should investigate the scene of housing decoration to stop illegal decoration; Housing owners, users and decoration construction personnel shall accept the on-site investigation by the housing use safety management department and promptly correct the illegal decoration behavior. In residential areas where property management has been implemented, the house use safety management department may entrust a property management company to carry out daily management of house decoration.

Article 14 If the pipes of adjacent houses are blocked, leaked or structurally damaged due to house decoration, the owners or users of the adjacent houses have the right to require the owners or users of the renovated houses to dredge, repair and reinforce them in time and compensate the corresponding losses.

Fifteenth house decoration shall not interfere with the normal life, study and work of others. From 2 1 hour to 7: 00 the next day, no decoration activities that affect others shall be carried out. Housing safety appraisal management

Article 16 The term "house safety appraisal" as mentioned in these Regulations refers to the appraisal and judgment of the safe use of houses.

Seventeenth housing safety appraisal shall be accepted by the legally established housing safety appraisal institution. The appraisal conclusion made by the housing safety appraisal institution is the basis for determining the housing safety status.

Eighteenth housing owners, users or other responsible persons who find that the house is in danger or have doubts about the safety of the house may apply for housing safety appraisal. To apply for housing safety appraisal, the following documents and materials shall be provided: (1) an application for housing safety appraisal; (2) identification; (3) Property right certificate of the house or other valid documents to prove its property right, lease contract or valid documents to prove that the house has relevant civil rights; (4) Other materials required by laws and regulations.

Nineteenth the following houses should apply for housing safety appraisal: (a) houses that have exceeded the reasonable service life; (2) houses with dangerous symptoms; (three) change the nature of the use of housing; (four) the construction of soil compaction piles, houses without pile foundation are within one and a half times the length of the nearest pile foundation; The excavation depth is more than three meters, and the non-pile foundation houses are within twice the depth of the foundation pit. Items (1) and (2) of the preceding paragraph shall be applied by the owner or user of the house; Item (3) is applied by the owner of the house; Item (4) shall be applied by the construction unit before pile foundation construction or foundation pit excavation. If the house use safety management department finds the houses listed in the preceding paragraph, it shall promptly notify the house owner, user or construction unit to apply.

Twentieth housing safety appraisal institutions shall conduct on-site investigation within ten working days from the date of accepting the application for housing safety appraisal, and issue a housing safety appraisal book within twenty working days from the date of on-site investigation; The houses with obvious danger should be identified immediately; If the house structure is complex and the appraisal is difficult, and the appraisal cannot be completed within twenty working days, the staged appraisal documents shall be put forward according to the actual situation. If it is identified as a dangerous house, the housing safety appraisal institution shall report to the housing use safety management department in a timely manner.

Twenty-first housing safety appraisal institutions to carry out housing safety appraisal, there should be more than two appraisers to participate. The relevant units or individuals shall cooperate with the appraisers to carry out normal house safety appraisal activities. For appraisal projects with special structure and complex environment, the housing safety appraisal institution shall hire experts or invite relevant departments to send personnel to participate in the appraisal.

Twenty-second when applying for housing safety appraisal, the applicant shall pay the housing safety appraisal fee. If it is identified as a dangerous house, the housing safety appraisal fee shall be borne by the responsible person or the owner of the house; If it is identified as a non-dangerous house, the housing safety appraisal fee shall be borne by the applicant. Housing safety appraisal fees are charged according to the standards approved by the price department.

Article 23 If the house owner, user or other responsible person has any objection to the appraisal conclusion of the house safety appraisal institution, he may, within 30 days from the date of receiving the house safety appraisal book, apply to the local or municipal house use safety management department to designate other house safety appraisal institutions for re-appraisal.

Twenty-fourth housing safety appraisal is based on the current national norms and appraisal standards. When appraising houses with a reasonable service life, the housing safety appraisal institution shall appraise them jointly with the survey and design units with corresponding qualification grades; Identification of industrial buildings, public buildings and high-rise buildings should also refer to relevant professional and technical standards, norms and procedures. Prevention and management of dangerous houses

Twenty-fifth housing safety management departments should strengthen the daily management of housing safety and supervision and inspection of the prevention and control of dangerous houses. If a piece of housing exceeds the reasonable service life or is identified as a dangerous house, it shall report to the local people's government in a timely manner, and do a good job in the renovation of dangerous houses and emergency rescue and disaster relief under the unified leadership of the people's governments at all levels. People's governments at all levels shall incorporate the renovation of dangerous houses into urban construction planning, implement them in a unified way, and renovate them year by year.

Twenty-sixth housing owners, users should always carry out safety inspections of housing, do a good job of housing repair records over the years, save design and construction materials, and establish housing safety files; In typhoons, rainstorms and flood seasons, it is necessary to do a good job of eliminating dangers.

Twenty-seventh citizens have the right to ask the owners, users or responsible persons of adjacent houses to take safety measures when there are dangers that may endanger their personal or property safety. Failing to take safety protection measures in time, the house use safety management department shall order the house owner, user or relevant responsible person to take safety measures within a time limit.

Twenty-eighth housing owners, users and housing management units found that termites harm houses, they should promptly report to the termite control institutions, and entrust the termite control institutions to carry out inspection and extermination.

Twenty-ninth construction projects may affect the safety of buildings around the construction area due to pile foundation, deep foundation pit, underground pipeline, blasting and artificial adjustment of groundwater level, and the construction, survey, design and construction units shall take effective safety precautions and protection measures; Due to the impact of construction projects and damage to housing safety, the construction unit shall make compensation according to law.

Article 30 The house use safety management department shall, within three working days from the date of receiving the dangerous house report from the house safety appraisal agency, issue a dangerous house notice to the house owner, user or relevant responsible person, put forward opinions on handling dangerous houses, urge the house owner, user or relevant responsible person to take safety measures within a time limit, and report to the departments of industry and commerce, public security and production safety supervision when necessary.

Article 31 If a house is identified as a dangerous house, the owner, user or relevant responsible person shall take safety measures in time according to the following handling opinions put forward by the house use safety management department: (1) Observing the use, which is suitable for houses that can be used for a short time after taking appropriate safety technical measures, but need continuous observation; (two) after treatment and use, suitable for taking appropriate safety technical measures, can lift the danger of housing; (three) stop using, applicable to houses that have no repair value, are temporarily inconvenient to dismantle, and do not endanger adjacent buildings and affect the safety of others; (four) the overall demolition, which is applicable to the situation that the whole building is dangerous and has no repair value and must be demolished.

Thirty-second dangerous housing reinforcement, risk removal costs according to the following principles: (a) the house is dangerous due to force majeure, borne by the owner of the house; (two) more than the reasonable service life of the house, which shall be borne by the owner of the house; (three) within the reasonable service life of the house, if the house is in danger due to the quality of the construction project, the relevant units shall undertake the warranty obligation in accordance with the regulations of the State Council on the quality management of the construction project, and bear the responsibility for the losses caused; (four) due to construction, stacking, impact and other human factors caused by housing danger, shall be borne by the responsible person.

Thirty-third houses that do not meet the housing safety standards and affect the safety of use shall not be rented. If the leased private house is identified as a dangerous house, the lessor shall solve the danger in time. Legal liability

Thirty-fourth acts in violation of these regulations, the relevant laws and regulations of the state and the province have been stipulated, in accordance with its provisions.

Article 35 If the owner or user of a house commits any of the acts in Items (1) to (7) of Article 7 of these Regulations, the house use safety management department shall order him to stop construction, restore to the original state or reinforce it, and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan; Involving illegal changes in the main building and load-bearing structure, it shall be punished in accordance with relevant state laws and regulations; Damage to the housing structure and facilities, shall be ordered to compensate for the losses according to the prescribed standards, and the compensation shall be earmarked for the maintenance and reinforcement of the housing. If the owner or user of the house has the act in Item (8) of Article 7 of this Ordinance, it shall be handled by the planning administrative department in accordance with the relevant provisions. If the owner or user of the house has the act of Item (9) of Article 7 of this Ordinance, it shall be handled by the relevant administrative departments in accordance with the relevant provisions.

Article 36 If anyone violates the provisions of Article 8 of these regulations and fails to put on record before the house decoration, the county (city) or district housing use safety management department where the house is located shall order him to go through the formalities, and may impose a fine of 200 yuan on the owner or user of the residential house and a fine of 1,000 yuan on the owner or user of the non-residential house.

Thirty-seventh in violation of the provisions of the provisions of article twelfth, non residential housing renovation without termite prevention, the housing use safety management department shall order it to make corrections within a time limit, and may impose a fine of 200 yuan to 2000 yuan.

Article 38 If the pipes of adjacent houses are blocked, leaked or structurally damaged due to house decoration, and the pipes are not dredged, maintained and reinforced in time, the house use safety management department shall order the owner or user of the renovated house to dredge, maintain and reinforce within a time limit, and compensate the corresponding losses.

Article 39. In violation of the provisions of Article 15 of these regulations, if the house decoration construction seriously affects the normal life, study and work of others, the house use safety management department shall cooperate with the public security department to order it to stop the construction immediately and may impose a fine of more than 200 yuan and less than 1,000 yuan.

Fortieth in violation of the provisions of article nineteenth of these regulations, if the owner, user or construction unit fails to apply for housing safety appraisal in time, the housing use safety management department shall notify him to apply within a time limit; If the application is not made within the time limit, the house safety appraisal institution shall be designated by the house use safety management department for appraisal, and the appraisal fee shall be borne by the relevant responsible person, and a fine of more than 2,000 yuan from 200 yuan may be imposed.

Article 41 If the owner, user or relevant responsible person of a dangerous house fails to take corresponding safety measures in time, the house use safety management department shall order him to take safety measures within a time limit and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Forty-second housing owners, users or other responsible persons who refuse or hinder the housing safety management personnel from performing official duties according to law shall be punished by the public security organs in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Public Security Administration Punishment; Those who use violence or threats to obstruct the use of housing safety management personnel from performing official duties according to law shall be investigated for criminal responsibility according to law.

Article 43 Where a house safety appraisal institution or termite control institution refuses or delays the house safety appraisal or termite control without reason, the house use safety management department shall order it to make corrections, and may impose a fine ranging from 1,000 yuan to 10,000 yuan. Housing safety appraisal institutions make false appraisal, the housing use safety management department shall order it to make corrections, and impose a fine of ten thousand yuan or more and fifty thousand yuan or less; Causing economic losses to the owners and users of houses, they shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 44. Housing use safety management personnel dereliction of duty, corruption or illegal examination and approval, by their units or the competent department at a higher level shall be ordered to correct, given administrative sanctions; Causing economic losses to the owners and users of houses, they shall be liable for compensation according to law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. supplementary terms

Forty-fifth military property, religious property, cultural relics and historical buildings use safety management in accordance with the relevant provisions of the state.

The forty-sixth of this Ordinance since July 6, 2006. 1The Regulations on the Administration of Urban Housing Decoration in Ningbo promulgated by the Municipal People's Government on September 6, 1994 and revised by the Municipal People's Government on July 30, 1997 shall be abolished at the same time.