Measures of Dalian Municipality on the Administration of Residential Decoration

Article 2 These Measures shall be observed when engaging in residential interior decoration activities in cities and supervising and managing residential interior decoration activities. The term "residential interior decoration" as mentioned in these Measures refers to the construction activities of the owner or user of the house (hereinafter referred to as the decoration person) to decorate the interior of the house after the house is completed and accepted. Third residential interior decoration should ensure the quality and safety of the project, in line with the mandatory standards for engineering construction. Article 4 The administrative department of construction in the State Council is responsible for the management of residential interior decoration activities throughout the country. The construction administrative departments of the people's governments of provinces and autonomous regions shall be responsible for the management of residential interior decoration activities within their respective administrative areas. The real estate administrative departments of the people's governments of municipalities directly under the central government, cities and counties are responsible for the management of residential interior decoration activities within their respective administrative areas. Chapter II General Provisions Article 5 The following acts are prohibited in residential interior decoration activities: (1) changing the main body and load-bearing structure of the building without the consent of the original design unit or the design unit with corresponding qualification grade; (2) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens; (3) expanding the original size of doors and windows of the load-bearing wall and removing the brick-concrete wall connected with the balcony; (four) damage to the original energy-saving facilities of the house, reducing the energy-saving effect; (five) other acts that affect the safety of building structure and use. The term "building subject" as mentioned in these Measures refers to the structural structure of building entities, including roofs, floors, beams, columns, supports, walls, connecting nodes and foundations. The term "load-bearing structure" as mentioned in these Measures refers to the main structural members and their connecting nodes that directly transfer their own weight and various external forces to the foundation, including load-bearing walls, uprights, columns, frame columns, piers, floors, beams, roof trusses and suspension cables. Article 6 Without approval, interior decorators shall not engage in the following acts: (1) Erecting buildings and structures; (two) to change the facade of the house and open the doors and windows on the non-load-bearing external wall; (3) Dismantling heating pipelines and facilities; (four) the demolition of gas pipelines and facilities. The acts listed in items (1) and (2) of this article shall be approved by the competent department of city planning administration; The third behavior shall be approved by the heating management unit; Article 4 The act shall be approved by the gas business unit. Seventh residential interior decoration exceeds the design standards or norms to increase the floor load, it should be proposed by the original design unit or the design unit with corresponding qualification grade. Eighth bathroom, kitchen waterproof layer changes, it should be in accordance with the waterproof standards to develop a construction plan, and closed water test. Article 9 Where the original design unit or a design unit with corresponding qualification level puts forward a design scheme to change the main body and load-bearing structure of the building, or the decoration activities involve the contents of Articles 6, 7 and 8 of these Measures, it must entrust a decoration enterprise with corresponding qualification to undertake it. Tenth decoration enterprises must be in accordance with the mandatory standards of engineering construction and other technical standards, and shall not cut corners to ensure the quality of decoration projects. Eleventh decoration enterprises engaged in residential interior decoration activities, should abide by the construction safety operation rules, take necessary safety protection and fire control measures in accordance with the provisions, and shall not use naked fire and welding operations without authorization to ensure the safety of operators and surrounding houses and property. Twelfth decoration enterprises engaged in residential interior decoration activities, shall not occupy public space, shall not damage public parts and facilities. Chapter III Declaration and Supervision of Commencement Article 13 Before the commencement of the residential interior decoration project, the decorator shall declare and register with the property management enterprise or the housing management institution (hereinafter referred to as the property management unit). Non-owner residential users shall obtain the written consent of the owner for decorating the residential interior. Article 14 When applying for registration, the following materials shall be submitted: (1) a certificate of ownership of the house (or a valid certificate to prove its legitimate rights and interests); (2) the identity certificate of the applicant; (3) Decoration scheme; (four) to change the main body or load-bearing structure of the building, the design scheme proposed by the original design unit or the design unit with corresponding qualification grade must be submitted; (five) the approval documents of the relevant departments shall be submitted for the acts in Article 6 of these Measures, and the design scheme or construction scheme shall be submitted for the acts in Article 7 and Article 8 of these Measures; (six) commissioned by the decoration enterprise construction, it is necessary to provide a copy of the relevant qualification certificate of the enterprise. Non-owner residential users also need to provide written proof that the owner agrees to decorate. Fifteenth property management units shall inform the decorator and the decoration enterprises entrusted by the decorator of the prohibited acts and matters needing attention in residential interior decoration engineering. Before decorating the house, the decorator should inform the neighbors. Sixteenth decoration or decoration enterprises, should sign a residential interior decoration management service agreement with the property management unit. The residential interior decoration management service agreement shall include the following contents: (1) the implementation content of the decoration project; (two) the implementation period of the decoration project; (3) Time allowed for construction; (4) Removal and treatment of wastes; (five) the installation requirements of residential facade facilities and security window; (6) Prohibited behaviors and precautions; (7) Management service fees; (8) Liability for breach of contract; (nine) other matters that need to be agreed. Article 17 The property management unit shall carry out management according to the residential interior decoration management service agreement, and immediately stop the decorators or decoration enterprises that have the acts listed in Article 6 of these Measures or violate the provisions of Articles 7, 8 and 9 of these Measures without the approval of the relevant departments; If it has caused factual consequences or refuses to correct it, it shall promptly report to the relevant departments for handling according to law. If a decoration person or decoration enterprise violates the residential interior decoration management service agreement, it shall be held liable for breach of contract. Eighteenth relevant departments received a report from the property management unit decoration or decoration enterprises in violation of these measures, should be timely to the scene to check and verify, and dealt with according to law. Nineteenth property management units are prohibited from assigning decoration enterprises to decoration people or forcibly selling decoration materials. Twentieth decoration shall not refuse or hinder the property management unit in accordance with the provisions of the residential interior decoration management service agreement, supervision and inspection of residential interior decoration activities. Twenty-first any unit or individual has the right to report, accuse and complain about quality accidents, quality defects and other behaviors that affect the normal life of surrounding residents in the interior decoration of residential buildings. Chapter IV Entrusting and Undertaking Article 22 Decoration enterprises undertaking residential interior decoration projects must pass the qualification examination of the construction administrative department, obtain the corresponding qualification certificates of construction enterprises, and undertake projects within the scope permitted by their qualification grades. Twenty-third decoration enterprises entrusted to undertake decoration projects, should choose a decoration enterprise with the corresponding qualification grade. Twenty-fourth decoration enterprises shall sign a written contract for residential interior decoration, and clarify the rights and obligations of both parties. Renovation contract for residential interior decoration shall include the following main contents: (1) the names or unit names, residential addresses and contact numbers of the client and the client; (two) the number of rooms, construction area, decoration items, methods, specifications, quality requirements and quality acceptance methods for residential interior decoration; (three) the start and completion time of the decoration project; (four) the content and duration of the decoration project warranty; (five) the price, valuation, payment method and time of the decoration project; (6) Conditions for the alteration and dissolution of the contract; (seven) the liability for breach of contract and the way to resolve disputes; (eight) the effective time of the contract; (9) Other clauses that both parties think need to be clarified. Twenty-fifth residential interior decoration engineering disputes can be resolved through consultation or mediation. Unwilling to negotiate or mediate, or if negotiation or mediation fails, it may apply for arbitration or bring a lawsuit to the people's court according to law. Chapter V Indoor Environmental Quality Article 26 Decoration enterprises engaged in residential indoor decoration activities shall strictly abide by the agreed decoration construction time, reduce construction noise and reduce environmental pollution. Article 27 All kinds of solids, flammable liquids and other wastes formed in the process of interior decoration of residential buildings shall be piled up and removed according to the designated place, method and time. It is strictly forbidden to pile up all kinds of solids, flammable liquids and other wastes in residential garbage lanes, corridors or other places in violation of regulations. Twenty-eighth residential interior decoration materials and equipment must meet the national standards, with quality inspection certificate and Chinese logo, product name, specification, model, manufacturer's name, address, etc. It is forbidden to use building decoration materials and equipment that have been explicitly eliminated by the state. Article 29 If a decorator entrusts an enterprise to decorate a residential room, the air quality shall meet the relevant national standards after the renovation project is completed. The decorator can entrust a qualified testing unit to test air quality. If the test is unqualified, the decoration enterprise shall rework, and the responsible person shall bear the corresponding losses. Chapter VI Completion Acceptance and Warranty Article 30 After the completion of a residential interior decoration project, the decorator shall conduct acceptance in accordance with the design contract and the corresponding quality standards. After the acceptance, the decoration enterprise shall issue a letter of guarantee for the quality of residential interior decoration. The property management unit shall conduct on-site inspection in accordance with the decoration management service agreement. In case of violation of laws, regulations and decoration management service agreement, the decorator and decoration enterprise shall be required to make corrections, and the inspection records shall be filed. Thirty-first residential interior decoration project is completed, the decoration enterprise is responsible for purchasing decorative materials and equipment, it shall submit instructions, warranty and environmental protection instructions to the owners. Thirty-second under normal use conditions, the minimum warranty period of residential interior decoration engineering is two years, and the leakage prevention of kitchen, bathroom and external wall with waterproof requirements is five years. The warranty period is calculated from the date when the residential interior decoration project is completed and accepted. Chapter VII Legal Liability Article 33 The decorator shall be responsible for maintenance and compensation for pipeline blockage, water leakage, water and power failure, damage to articles, etc. The indoor decoration activities of the house cause adjacent houses; Belonging to the responsibility of the decoration enterprise, the decorator can claim compensation from the decoration enterprise. If the decorator dismantles or alters heating and gas pipelines and facilities without authorization, the decorator shall be responsible for compensation. Article 34 Where a decorator encroaches on public space due to indoor decoration activities of a residence, causing damage to public parts and facilities, the competent department of urban real estate administration shall order him to make corrections, and if losses are caused, he shall be liable for compensation according to law. Thirty-fifth decoration people engaged in residential interior decoration activities did not declare registration, the municipal real estate administrative department shall order it to make corrections, and impose a fine of more than 500 yuan 1000 yuan. Article 36 Where a decorator, in violation of these measures, entrusts the residential interior decoration project to an enterprise that does not have the corresponding qualification grade, the municipal real estate administrative department shall order it to make corrections and impose a fine of more than 500 yuan 1000 yuan. Thirty-seventh decoration enterprises to buy or recommend the use of decoration materials that do not meet the national standards, resulting in excessive air pollution, the city real estate administrative department shall order it to make corrections, and if losses are caused, it shall be liable for compensation according to law. (1) Changing rooms and balconies without waterproof requirements into bathrooms and kitchens, or removing brick walls and concrete walls connecting balconies, and imposing a fine of more than 500 yuan 1000 yuan on the decorator and a fine of more than 1000 yuan on the decorator. (two) damage to the original energy-saving facilities of the house or reduce the energy-saving effect, and impose a fine of 5000 yuan to 65438 yuan on the decoration enterprise; (three) unauthorized removal of heating, gas pipelines and facilities, the decoration of people at 500 yuan more than 0 million yuan fine; (4) If the floor load is increased beyond the design standards or specifications without the consent of the original design unit or the design unit with corresponding qualification grade, the decorator shall be fined more than 1000 yuan, and the decorator shall be fined more than 1000 yuan 1000 yuan. Article 39 Whoever, without the approval of the competent department of city planning administration, builds buildings and structures in the interior decoration activities of residential buildings, or arbitrarily changes the facade of residential buildings and opens doors and windows on non-load-bearing external walls shall be punished by the competent department of city planning administration in accordance with the provisions of the city planning law and relevant laws and regulations. Fortieth decoration or decoration enterprises in violation of the "Regulations" of quality management of construction projects, shall be punished by the construction administrative department in accordance with the relevant provisions. Article 41 If a decoration enterprise violates the relevant national regulations on safety in production and technical specifications for safety in production, fails to take necessary safety protection and fire control measures in accordance with the regulations, uses naked flames and conducts welding operations without authorization, or fails to take measures to eliminate hidden dangers of construction safety accidents, the construction administrative department shall order it to make corrections and impose a fine of more than 1000 yuan and less than 1000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification and impose a fine of 1 10,000 yuan but not more than 30,000 yuan; If a major safety accident is caused, the qualification level shall be lowered or the qualification certificate shall be revoked. Article 42 If a property management unit finds that a decorator or decoration enterprise violates the provisions of these Measures and fails to report to the relevant departments in time, the real estate administrative department shall give it a warning and impose a fine of 2 to 3 times the decoration management service fee agreed in the decoration management service agreement. Article 43 If the staff of the relevant departments fail to deal with the report of the property management unit on the illegal behavior of the decoration person or decoration enterprise in time and neglect their duties, they shall be given administrative sanctions according to law. Chapter VIII Supplementary Provisions Article 44 Non-residential decoration activities with a project investment of less than 300,000 yuan or a construction area of less than 300 square meters may be implemented with reference to these measures. Forty-fifth residential decoration project management before completion and acceptance, in accordance with the "Regulations" of construction quality management. Article 46 The construction administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed implementation rules according to these Measures. Forty-seventh approach by the the State Council municipal construction administrative departments responsible for the interpretation of. Article 48 These Measures shall come into force as of May 6, 2002.