Job Recruitment Website - Property management - How to retaliate against the property? I'd better ask experts to give me some advice. . .
How to retaliate against the property? I'd better ask experts to give me some advice. . .
What is the owner?
Don't think about revenge. To put it another way, this is called safeguarding rights! Read the following carefully, keep it, it is useful, and then you will know what to do. Come and discuss with me if you have any questions. ......
Measures of Beijing Municipality on the Administration of Heating and Heating
Date: 2010-01-21
(Promulgated by DecreeNo. 10 in 2004) Beijing Municipal People's Government February 200916)
Article 1 These Measures are formulated in accordance with relevant laws and regulations, combined with the actual situation of this Municipality, in order to ensure the winter heating of urban and rural residents in this Municipality, standardize the heating behavior, rationally utilize resources, promote energy conservation and emission reduction, and promote the sustainable development of the heating industry.
Article 2 These Measures shall apply to heating and related management activities within the administrative area of this Municipality.
Article 3 Heating in winter is the basic demand of urban and rural residents in this city, and heating is a basic public utility directly related to public interests.
The city's heating management follows the principles of unified planning, territorial management, ensuring safety, standardizing services, promoting energy conservation and environmental protection, and optimizing resource allocation.
The city has established and improved a safe heating security system such as heating energy security, heating assistance and emergency disposal.
Fourth municipal administrative departments in charge of the city's heating management.
The district and county municipal administrative departments are responsible for the heating management within their respective administrative areas.
The relevant departments of the municipal, district and county people's governments shall, in accordance with these measures and their respective responsibilities, do a good job in related work.
Township people's governments and sub-district offices shall cooperate with the municipal administrative departments to do a good job in heating management within their respective jurisdictions.
Fifth to encourage and support relevant industry organizations and intermediaries to participate in the heating industry management and technical services, publicity and training.
Encourage the use of clean energy and renewable energy, promote the application of energy-saving, efficient, environmentally friendly and safe new heating technologies, new processes, new equipment and new materials, give support to heating technologies and projects with high energy-saving efficiency and good environmental benefits, and commend or reward units that have made remarkable achievements in heating work.
Article 6 The municipal administrative department shall organize the relevant departments to prepare the heating planning of this Municipality in accordance with the prescribed procedures, and organize the implementation after the approval of the Municipal People's Government. Involving the development of heating industry, into the city's national economic and social development planning; Involving the use of urban space resources, into the city's urban and rural planning.
The district and county municipal administrative departments shall, jointly with the relevant departments, prepare the heating planning of their respective administrative areas according to the municipal heating planning, organize the implementation after the approval of the district and county people's governments, and report to the municipal administrative departments for the record.
The approved heating plan shall not be changed without legal procedures.
Seventh new construction, renovation and expansion of heating facilities in this Municipality shall conform to the heating planning. Included in the planning of heating facilities construction land, without legal procedures to adjust the planning, shall not change the use.
When the planning administrative department puts forward the planning conditions of the construction project, it shall solicit the opinions of the municipal administrative department if it involves the construction of heat source facilities.
When the residential construction project is completed and accepted, the construction unit shall organize the heating unit to participate, and the heating unit shall check whether it has the heating conditions. After completion and acceptance, the construction unit shall provide relevant engineering files to the heating unit.
Article 8 This Municipality shall optimize the allocation of heat source facilities, and no new heat source facilities shall be built within the heating capacity of urban pipe networks and regional boiler heating pipe networks; The existing decentralized heat source facilities should be gradually incorporated into the urban pipe network and regional boiler heating pipe network in accordance with the principle of rational allocation, except for the application of new energy and new technologies. Heating units with heating conditions shall provide universal services to users accessing their pipe networks.
Article 9 This Municipality shall strengthen the management of heating and energy conservation, and gradually implement metering and charging according to heat consumption.
New buildings should implement building energy efficiency standards and have the functions of heat metering and room temperature control. Houses that do not meet the temperature requirements of the current national residential design code should be gradually transformed into energy-saving buildings and heating systems.
Building energy-saving transformation should be implemented simultaneously with heating metering and heating system energy-saving transformation.
Tenth heating units shall go to the municipal administrative department for the record, and submit the following materials:
(a) the basic situation of the unit;
(two) heating area and scale, user category and quantity;
(three) the basic situation of heating facilities and their depreciation management;
(4) Operation management system and basic information of personnel;
(5) Emergency plan for heating emergencies.
The heating unit shall ensure that the filing materials submitted are true and accurate, and when the filing contents change, it shall go through the formalities for change in time.
The municipal administrative department shall announce the relevant information for the record to the public.
Eleventh heating units and users shall abide by the relevant provisions of the state and this Municipality in concluding heating contracts. If a written heating contract is not signed, and the heating unit has provided users with one or more heating periods, it is deemed that there is a factual heating contract relationship between the user and the heating unit.
Article 12 The heating period in this Municipality is from June165438+1October 15 to March 15 of the following year. The Municipal People's Government may adjust the heating period according to the actual conditions such as meteorology.
During the heating period, the heating unit shall ensure that the room temperature of the bedroom and living room (hall) of the residential user meets the temperature requirements of the current national residential design code, except that the normal heating is affected by emergencies or user responsibilities.
Users have special requirements for heating period time and heating temperature, which can be agreed with the heating unit separately.
Thirteenth heating units shall, in accordance with the relevant standards and norms of the state and this Municipality, provide users with safe, stable and qualified heating services, establish and improve the heating operation management system, service standards and safe operation procedures, and abide by the following provisions:
(a) the establishment of heating facilities inspection system, inspection of heating facilities within the scope of management, and make records. Found that there are hidden dangers in heating facilities, it should be eliminated in time; If it is found that there are hidden dangers in the heating facilities for users' own use, it shall inform the users in writing to eliminate them in time.
(two) before heating, the heating system should be filled with water, pressure test, exhaust and trial operation, and announced in advance within the heating range.
(three) the establishment of user heating temperature sampling system, regular testing of user room temperature, temperature measurement records should be signed by users or other witnesses.
(four) the implementation of 24-hour service during heating, timely processing and answering questions reflected by users.
Fourteenth heating units and users have disputes about whether the room temperature is up to standard, and can entrust a third-party organization with room temperature testing qualification to carry out testing. The specific measures for room temperature detection shall be formulated by the municipal administrative department and the municipal standardization administrative department.
In case of heating dispute, it can be settled by the municipal administrative department or relevant departments through coordination, and the parties can also directly file a lawsuit or apply for arbitration according to law.
Fifteenth heating period, the heating unit shall not postpone, suspend or end heating in advance, and shall not withdraw or partially withdraw from heating business activities; Units that supply water, electricity, gas, fuel oil, coal and heat energy to heating units shall ensure the supply and shall not interrupt without authorization.
During the non-heating period, if the heating unit really needs to withdraw or partially withdraw from the heating business activities, it shall properly arrange the related users, facilities management and protection, heating costs and other matters within the heating range, and complete the handover of heating facilities and technical files, user information, heating costs and other matters with the undertaking heating unit before July 15 of that year, and inform the original filing organ in writing at the same time. When the heating rights and interests of users cannot be effectively guaranteed, the heating unit shall not withdraw or partially withdraw from the heating business activities.
Sixteenth heating units shall directly charge heating fees to users. If a heating unit entrusts a financial institution or other service unit to collect heating fees, it shall announce the entrusted charging unit to the user, and the entrusted unit shall not charge any additional fees to the user; Without the authorization of the heating unit, no unit or individual may charge heating fees to users.
To collect heating fees, invoices uniformly printed by the national tax authorities of this Municipality shall be provided.
Seventeenth users and heating units signed a contract, heating costs agreed to pay by the payer in the contract. If no contract is signed, the owner of the house or the lessee of the public housing whose rent is set by the government shall pay the heating fee in accordance with the regulations.
If the heating cost is borne by the user's unit, it shall be borne by the unit.
Article 18 Users who use household independent heating systems may suspend heating by heating units after reaching an agreement with heating units to suspend heating time and pay basic fees without affecting the normal heating and safety of heating facilities of other users.
Nineteenth municipal administrative departments and urban management comprehensive administrative law enforcement organs to supervise and inspect the heating behavior, heating units, users and related units should actively cooperate.
When the heating unit carries out maintenance and repair of heating facilities, room temperature detection and table lookup charges, users and property service enterprises shall cooperate.
Twentieth heating units shall be responsible for the management, maintenance, repair and transformation of outdoor heating facilities and indoor heating facilities for residents within the heating range. Organs, units, enterprises and institutions to provide social heating services, can be entrusted to professional enterprises in accordance with the provisions.
When residential users find that the indoor heating facilities are abnormal and leaking, they shall promptly report to the heating unit for repair, and bear the relevant expenses for the maintenance and renewal of indoor self-use heating facilities.
The maintenance, management and transformation of heating facilities for non-resident users shall be agreed in the contract between the heating unit and the users.
The construction unit shall bear the warranty responsibility of heating facilities in accordance with the law during the warranty period.
Twenty-first users are not allowed to dismantle indoor heating facilities, expand heating area or increase refrigeration equipment. The decoration of houses by users shall not affect the heating effect, and shall not interfere with the normal maintenance of facilities.
If the user dismantles or changes the indoor self-use heating facilities, it shall be confirmed by the heating unit, which will not affect the normal heating of other users and will not hinder the maintenance of the facilities.
Users who cause losses to others due to the demolition of indoor heating facilities shall bear corresponding responsibilities.
Twenty-second heating units shall ensure that the heating facilities within the scope of management are in good condition within the prescribed period of use, and extract the depreciation of heating facilities in accordance with the regulations, and update and transform the heating facilities on schedule.
Article 23 No unit or individual may dismantle, relocate, rebuild or sell heat source facilities without authorization.
Demolition, relocation, reconstruction and sale of heat source facilities, which affect the heating of users, shall report in writing to the municipal administrative department in advance to provide alternative heat source facilities to protect the heating rights and interests of users.
Twenty-fourth prohibit the implementation of the following acts endangering the safety of heating:
(1) Building buildings and structures within the specified safe distance between underground heating pipelines;
(2) stacking articles within a safe distance specified by underground heating pipelines, or digging holes, taking soil, drilling, piling, burying poles, planting deep-rooted plants, or blasting;
(3) discharging toxic, harmful, flammable, explosive and easily blocked articles, rainwater, sewage, industrial waste liquid and garbage into the heating pipe trench;
(four) unauthorized access to the heating pipe network;
(five) unauthorized installation of equipment endangering the safety of indoor heating system;
(six) unauthorized discharge or access to hot water or steam in the pipeline;
(seven) unauthorized removal and destruction of warning signs;
(eight) unauthorized operation, disassembly of the heating valve, damage to the seal of the valve, change or damage to the heating metering instrument and its accessories;
(nine) other acts that endanger or damage heating facilities.
Twenty-fifth municipal and district municipal administrative departments shall, in accordance with the relevant provisions of the state and this Municipality, organize the implementation of emergency plans for heating emergencies.
City and county people's governments set up special funds to deal with heating emergencies and ensure the funds needed for heating emergencies.
The heating unit shall establish an emergency repair team suitable for ensuring heating safety, equipped with emergency repair equipment, materials, vehicles and communication equipment, and implement 24-hour emergency standby during the heating period.
Twenty-sixth heating facilities sudden failure, should immediately repair, heating units can take necessary emergency measures to repair, the relevant units and users should cooperate.
In case of emergency such as leakage of heating facilities, heating units must take emergency measures to carry out emergency repair work at home, and local public security organs should cooperate.
Article 27 If a heating unit cannot guarantee safe and stable heating, which seriously affects the public interest, and is still ineffective through coordination and supervision by the municipal administrative department, the municipal administrative department of the city or district or county may entrust a qualified heating unit to take over the heating facilities of the heating unit urgently with the approval of the people's government of the city or district or county.
In case of emergency takeover of the heating facilities of a heating unit, the statement and defense of the takeover unit shall be listened to, and an announcement shall be made within the heating range. Local public security organs, township people's governments or sub-district offices, property service enterprises and other units shall cooperate.
Twenty-eighth during the takeover operation, the takeover unit shall provide users with safe and stable heating services, make separate accounting for the revenue and expenditure of the takeover project, and accept the supervision of the relevant departments.
The operating expenses incurred by the takeover unit to guarantee the basic heating service shall be paid by the takeover unit temporarily, and the takeover unit shall be responsible for full repayment. After the takeover unit takes over the temporary advance funds and the audited net loss, with the approval of the Municipal People's Government, the municipal and district finance departments will give a one-time subsidy, and the specific measures will be formulated separately by the municipal finance department and the municipal administrative department.
Twenty-ninth municipal administrative departments shall establish and improve the supervision and management system, and supervise and inspect the heating units according to law.
The municipal administrative department shall, jointly with the municipal standardization administrative department and other relevant departments, organize the formulation of safety and service standards for heating enterprises.
Thirtieth heating units in violation of the provisions of article tenth of these measures, did not go through the formalities for filing or filing changes, by the city management comprehensive administrative law enforcement organs shall be ordered to make corrections within a time limit, overdue correction, a fine of 30 thousand yuan; If the filing materials submitted are inaccurate, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections. If the circumstances are serious, a fine of 654.38 million yuan but not more than 30,000 yuan may be imposed.
Thirty-first heating units in violation of the provisions of article thirteenth (a) of these measures, did not implement the safety inspection system of heating facilities, given a warning by the comprehensive administrative law enforcement organs of urban management, warning twice, a fine of 20 thousand yuan.
If the heating unit violates the provisions of Item (2) of Article 13 of these Measures and fails to make an announcement within the heating range in advance, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections and impose a fine of 1000 yuan.
Article 32 If a heating unit, in violation of the provisions of the first paragraph of Article 15 of these Measures, delays, suspends or ends heating in advance during the heating period, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
If a heating unit, in violation of the provisions of the first paragraph of Article 15 of these Measures, withdraws or partially withdraws from the heating business activities during the heating period, the urban management comprehensive administrative law enforcement organ shall order it to make corrections, impose a fine of 50,000 yuan or more and 6,543.38+10,000 yuan on the heating unit, and impose a fine of 6,543.8+10,000 yuan on the legal representative of the heating unit.
If a heating unit, in violation of the provisions of the second paragraph of Article 15 of these Measures, withdraws or partially withdraws from the heating business activities without authorization during the non-heating period, which affects the heating of users, the urban management comprehensive administrative law enforcement organ shall order it to make corrections within a time limit. If no correction is made within the time limit, a fine of 30 thousand yuan shall be imposed on the heating unit and a fine of 5000 yuan shall be imposed on the legal representative of the heating unit.
Article 33 If a user, in violation of the provisions of the first paragraph of Article 21 of these Measures, dismantles, alters indoor heating facilities, expands heating area, increases refrigeration equipment or decorates houses, which hinders the normal maintenance of facilities, the urban management comprehensive administrative law enforcement organ shall order it to make corrections within a time limit. If no correction is made within the time limit, a fine ranging from 500 yuan to 5,000 yuan may be imposed.
Article 34 Whoever, in violation of the provisions of Article 23 of these measures, dismantle, relocate, rebuild or sell heat source facilities without authorization, and fails to provide alternative heat source facilities, thus affecting users' heating, shall be ordered by the urban management comprehensive administrative law enforcement organ to make corrections within a time limit and be fined not less than 50,000 yuan but not more than 6,543,800 yuan.
Thirty-fifth in violation of the provisions of article twenty-fourth (a) of these measures, shall be dealt with by the relevant departments in accordance with the relevant laws, regulations and rules.
In violation of the provisions of Item (2), (3), (4), (5), (6) and (9) of Article 24 of these Measures, which seriously affects the safety of heating facilities, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections and may impose a fine of not less than 5,000 yuan but not more than 30,000 yuan.
In violation of the provisions of article twenty-fourth (seven) and (eight) of these measures, the comprehensive administrative law enforcement organ of urban management shall order it to make corrections, and may impose a fine of more than 500 yuan 1000 yuan.
Article 36 The meanings of related terms in these Measures:
(a) heating refers to the behavior that heating units provide heating heat and related services to users through pipeline systems by relying on stable heat sources.
(2) Users refer to units and individuals that use the heat energy provided by heating units for heating.
(3) Indoor self-use heating facilities refer to indoor branch pipes, radiators and their ancillary equipment.
(4) Heat source facilities refer to facilities for generating and exchanging heat energy, including various boiler rooms and heat exchange stations.
Article 37 These Measures shall come into force as of April 1 day, 2065.
1 August, 1994 1 Japan Municipal People's Government DecreeNo. 15 promulgated the Regulations on the Administration of Boiler Heating for Residents in Beijing revised according to DecreeNo. 150 of June, 2004. [1986] 14 1, according to theNo. 150 Municipal People's Government on June, 2004 1 day.
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