Detailed rules for the implementation of Taizhou housing safety management regulations

The detailed rules for the implementation of the Regulations on Housing Safety Management in Taizhou City have been deliberated and adopted at the 9th executive meeting of the municipal government on February 4, 20 18, and are hereby promulgated and shall come into force as of March 0/20 10.

Detailed Rules for the Implementation of the Regulations of Taizhou Municipality on Housing Safety Management Chapter I General Provisions

first

In order to strengthen the management of housing safety, ensure the safety of housing use, and protect the personal and property safety of citizens, legal persons and other organizations, these rules are formulated in accordance with the Regulations of Taizhou Municipality on Housing Safety Management (hereinafter referred to as the Regulations) and combined with the actual situation of this Municipality.

second

These rules apply to the safety management of houses built and put into use according to law within the administrative area of this Municipality.

Housing safety management follows the principles of territorial management, prevention first, combination of prevention and control, and ensuring safety.

essay

City, county-level city (District) people's government is responsible for the management of housing safety within its jurisdiction, strengthen the organization and leadership of housing safety management, establish a housing safety management system with overall management, graded responsibility, comprehensive coordination and social participation, improve the emergency mechanism of housing safety emergencies, ensure capital investment, and strengthen the law enforcement force of housing safety management.

City, county-level city (District) people's governments shall establish and improve the responsibility system for housing safety management, annual assessment system and administrative accountability system, and regard housing safety management as an important part of the target assessment of people's governments at all levels and the performance assessment of leading cadres.

City, county-level city (District) people's government should establish a credit system for housing safety management, increase the punishment for dishonesty in housing safety management, and incorporate it into the public credit information system of the government at the same level.

Article 4

County-level city (District) people's government, medical high-tech zone management committee to establish a joint meeting system according to local conditions.

Article 5

City, county-level city (District) housing and urban and rural construction departments and related industry management departments of housing safety supervision and management funds should be included in the financial budget of the government at the same level.

Township people's government, street offices and various development zones (parks) housing safety supervision and management funds by the county-level cities (districts) financial security.

Article 6

Housing safety management should be incorporated into the safety production management system in the administrative area of this Municipality.

Chapter II Supervision and Administration

Article 7

City, county-level city (District) housing and urban-rural construction department is the competent department of housing safety management within their respective administrative areas. City, county-level city (District) housing and urban and rural construction departments belong to the housing safety management institutions to undertake the daily supervision and management of housing safety.

(a) to publicize and implement the laws, regulations and rules of the province and city on housing safety management;

(two) to draft or formulate laws, regulations and related policies on housing safety management;

(three) to supervise and inspect the housing safety management within the administrative area of this Municipality and provide professional guidance;

(four) to supervise and inspect the handling of housing safety complaints by the housing and urban-rural construction departments of county-level cities (districts);

(five) to guide the county-level cities (districts) to carry out housing safety investigation, and to supervise and inspect the management of dangerous houses in county-level cities (districts);

(six) responsible for the housing safety appraisal and termite control industry management within the administrative area of this Municipality.

County-level cities (districts) housing and urban-rural construction departments mainly undertake the following housing safety management responsibilities:

(a) to implement the laws, regulations and rules of the higher authorities on housing safety management, and organize publicity and education on housing safety knowledge;

(two) responsible for the supervision and management of housing decoration within the jurisdiction, responsible for handling the safety registration of non-residential housing decoration within the jurisdiction, and guiding the property service enterprises, residents' committees and villagers' committees to handle the registration of residential interior decoration;

(three) responsible for organizing the Township People's government, street offices, various development zones (parks) management agencies and relevant departments to conduct safety inspections on houses within their respective jurisdictions;

(four) responsible for the safety inspection and management of dangerous houses directly under the jurisdiction, and supervise and guide the management of other dangerous houses within the jurisdiction;

(five) responsible for the establishment of dangerous housing management files within the jurisdiction;

(six) to supervise and guide the township people's government, street offices, all kinds of development zones (parks) management institutions and related industry management departments to carry out housing safety management;

(seven) responsible for accepting letters and visits and reporting complaints about housing safety within the jurisdiction, and investigating and dealing with violations of the Regulations and these rules according to law;

(eight) responsible for the supervision and management of termite control within the jurisdiction.

Article 8

All kinds of development zone (park) management institutions shall be responsible for the supervision and management of housing safety within their respective jurisdictions in accordance with the responsibilities stipulated by the people's government at the corresponding level.

Article 9

Township people's governments and sub-district offices mainly undertake the following responsibilities of housing safety management:

(a) to assist the housing and urban-rural construction departments of county-level cities (districts) to carry out housing safety management within their respective jurisdictions and organize publicity and education on housing safety knowledge within their respective jurisdictions;

(two) the establishment of housing safety supervision network system and special inspection, special supervision, special responsibility mechanism;

(three) to do a good job in the daily inspection of housing safety within the jurisdiction and the safety prevention of old houses in disaster weather;

(four) responsible for the investigation of housing safety within the jurisdiction and the registration of housing safety hazards;

(five) to urge the person responsible for housing safety to fulfill the obligation of dangerous housing management;

(six) to assist the county-level cities (districts) housing and urban-rural construction departments and other relevant departments to mediate and handle the letters and visits and complaints about housing safety within their respective jurisdictions;

(seven) responsible for the emergency handling of housing safety emergencies within the jurisdiction.

Article 10

Residents' committees and villagers' committees mainly undertake the following responsibilities of housing safety management:

(a) to assist the township people's government, street offices, various development zones (parks) management agencies to carry out housing safety management;

(two) responsible for arranging special personnel to check the housing safety in the area, to discourage and stop the unauthorized demolition of houses, and to report to the relevant departments in a timely manner after dissuasion and stop;

(three) to guide the property service enterprises to do a good job in the declaration and registration of residential decoration;

(four) responsible for the declaration and registration of residential decoration without property management, and inform the prohibited acts and precautions of residential decoration;

(5) Receiving the structural drawings of residential buildings without property management and other relevant materials.

Article 11

The urban and rural planning department is responsible for the technical identification of illegal acts such as adding floors without authorization, excavating the ground and underground space at the bottom of the house, changing the facade of the house, and building buildings and structures on the facade or top floor of the house, and for the planning review of new building, renovation, expansion, renovation and change of use of the house.

The urban management department is responsible for investigating and dealing with acts that endanger the safety of houses, such as adding floors without authorization, excavating the ground floor and underground space of houses, changing the fa? ade of houses, building buildings and structures on the fa? ade or top floor of houses, and illegally building houses on construction land.

The land and resources department is responsible for investigating and dealing with illegal housing construction on agricultural land.

Education, culture, radio, film and television, press and publication, health and family planning, sports, transportation, civil affairs, state-owned assets, commerce, folk religion, tourism and other departments are responsible for the supervision and management of housing safety within the scope of this system and its industry supervision.

Development and reform, finance, public security, safety supervision, market supervision and management, administrative examination and approval departments shall, in accordance with their respective responsibilities, do a good job in housing safety management.

Article 12

Housing and urban and rural construction, urban and rural planning, land and resources, urban management, safety supervision and related industry management departments should build a platform to share information on housing safety management.

Article 13

Township people's governments, sub-district offices, and management institutions of various development zones (parks) shall set up special posts for housing safety in residents' committees and villagers' committees, and the people's governments of counties and cities (districts) shall arrange corresponding working funds for the special posts for housing safety, which shall be used as a whole by residents' committees and villagers' committees.

The special post of housing safety is mainly responsible for the housing safety inspection and dangerous housing supervision in the region, and assists the higher-level government and departments in handling housing safety-related matters.

Article 14

Establish a complaint and report system for housing safety violations. City, county-level city (District) housing and urban-rural development departments and relevant administrative departments shall announce the channels and acceptance methods of complaints and reports, implement a time-limited reply to real-name complaints and reports, and keep the information of real-name complainants confidential.

Chapter III Safety Management of House Use

Article 15

Housing owners and users should ensure the integrity, earthquake resistance, durability and structural safety of the house.

If the house is transferred or leased, the transferor and lessor shall ensure the safety of the house. The transferor and lessor of the house shall inform the transferee or lessee of the demolition and reconstruction of the main body and load-bearing structure of the house.

Article 16

Housing owners and users who decorate residential houses shall, in accordance with the provisions of Article 13 of the Regulations, go through the registration formalities at the realty service enterprise or the residents' committee or villagers' committee with relevant procedures before the decoration starts; Non residential housing renovation, should be in accordance with the provisions of the "Regulations" fourteenth before the renovation, to the housing and urban and rural construction departments of the county-level cities (districts) where the housing is located for housing safety registration.

After receiving the filing materials of the applicant's house decoration, it shall be audited within 3 working days and handled in accordance with the following provisions:

(a) the renovation does not remove the original structure of the house, and the owner and user of the house shall submit a written commitment;

(two) the implementation of the "Regulations" of the twelfth paragraph of the decoration, housing owners and users should submit the original design unit or design units with corresponding qualification level issued by the design scheme;

(three) the implementation of the "Regulations" provisions of the twelfth paragraph of the structural changes in the decoration, housing owners, users should submit the approval opinions issued by the housing appraisal and testing institutions;

(four) renovation project investment or construction area reached the prescribed standards, housing owners and users shall apply to the administrative examination and approval department or the housing and urban-rural construction department for construction permits.

If the applicant's application materials are complete and meet the specified requirements, the housing and urban-rural construction departments, property service enterprises, residents' committees and villagers' committees of county-level cities (districts) shall put on record and register, and inform the applicant of the prohibited acts and matters needing attention in house decoration.

Housing owners and users shall carry out renovation according to the registered contents.

Article 17

Property service enterprises, residents' committees and villagers' committees shall arrange special personnel to inspect the residential decoration within the management area. Housing owners, users and decoration construction personnel shall cooperate with the above inspection and shall not refuse or hinder.

If the owner or user of the house fails to go through the formalities of filing and registration in accordance with the Regulations and these Detailed Rules before decorating and decorating the house, or fails to carry out the construction in accordance with the contents of filing and registration, the realty service enterprise, the residents' committee and the villagers' committee may, according to the temporary management statute or management statute, prohibit the decoration workers and decoration materials from entering the management area, discourage and stop the illegal decoration, and report to the housing and urban-rural construction department of the county-level city (district) where the house is located.

Article 18

Housing, urban and rural construction, urban management and other departments shall, in accordance with their respective functions and duties, strengthen the investigation and punishment of illegal demolition and renovation of houses, order the ongoing illegal demolition and renovation to stop construction immediately, and organize relevant departments and units to carry out joint law enforcement when necessary.

Housing and urban-rural construction departments should strengthen the management of decoration projects and construction units, and promptly investigate and deal with illegal acts.

Article 19

In violation of the first paragraph of Article 12 of the Regulations, the person in charge of housing safety shall entrust the original design unit or a design unit with corresponding qualification grade to issue a reinforcement design scheme, and entrust a qualified reinforcement unit to carry out reinforcement treatment. After reinforcement, the design unit and reinforcement unit shall be organized for completion acceptance, and a completion acceptance report shall be issued.

Chapter IV Management of Housing Safety Appraisal

Article 20

Housing safety appraisal shall be conducted by a legally established housing safety appraisal institution. Measures for the administration of housing safety appraisal institutions shall be formulated separately by the municipal housing and urban-rural construction department according to the relevant provisions of the province.

Article 21

The housing safety appraisal report shall be made according to the test data issued by professional testing units, and conform to the standards and norms of provinces and industries.

Testing units that provide testing data for housing safety appraisal shall file with the municipal housing and urban-rural construction department. The municipal housing and urban-rural construction department shall regularly publish the list of testing units employed within the administrative area of this Municipality, and establish corresponding management mechanisms.

Article 22

After being identified as a dangerous house, the housing safety appraisal institution shall, according to the appraisal conclusion, put forward opinions on observation, use, disposal, cessation of use and overall demolition in the appraisal report. The person in charge of housing safety shall manage dangerous houses according to the opinions of appraisal institutions.

Article 23

Multi-owner housing safety appraisal, the owner elected representatives to apply for the safety appraisal of the whole building, and the required expenses are shared according to the proportion of housing construction area.

Article 24

If the parties have any objection to the appraisal conclusion of the housing safety appraisal institution, they may apply to the original appraisal institution for review within fifteen days from the date of receiving the appraisal report. If there are still objections to the review results, you can apply to Taizhou Housing Safety Appraisal Expert Committee for expert argumentation. Taizhou City Housing Safety Appraisal Expert Committee shall organize relevant experts to demonstrate within thirty days after receiving the application, and issue a written appraisal opinion:

(a) the expert opinion is consistent with the appraisal report, and the expenses required for appraisal shall be borne by the applicant;

(two) the appraisal opinions are inconsistent with the appraisal report, and the expenses required for the demonstration shall be borne by the original housing safety appraisal institution.

The establishment of Taizhou Housing Safety Appraisal Expert Committee and the formulation of its working rules are the responsibility of the municipal housing and urban-rural construction department.

Article 25

In any of the following circumstances, the person in charge of safety shall conduct safety appraisal in time:

(a) Abnormal deformation, shedding and bursting of panels, connectors or local walls;

(2) Suffering from natural disasters or emergencies such as storms, earthquakes, lightning strikes, fires and explosions;

(three) the main structure of the relevant building has been tested and identified as having potential safety hazards.

Article 26

When there are hidden dangers in the house that may endanger the safety of neighbors, house users and other interested parties, the interested parties may request the person in charge of house safety to conduct house safety appraisal. If the person responsible for housing safety refuses to conduct housing safety appraisal, the interested party may entrust a housing safety appraisal institution to conduct appraisal:

(1) If it is identified as a dangerous house or there are dangerous points that endanger interested parties, the relevant expenses for identification shall be borne by the person responsible for housing safety;

(2) If it is not a dangerous house and there is no danger point endangering the interested party after appraisal, the relevant expenses for appraisal shall be borne by the client.

Article 27

The construction unit carries out soil compaction pile construction, foundation pit excavation, underground tunnel or shield construction, blasting construction, underground pipeline or lowering the groundwater level, etc. , administrative examination and approval, urban and rural planning, housing and urban and rural construction and other relevant departments shall, when handling the urban and rural planning and construction permit, urge the construction unit to carry out the housing structure safety impact assessment on the surrounding houses in accordance with the provisions of Article 19 of the Regulations.

The construction unit shall take safety protection measures for the surrounding houses during the construction process and implement dynamic monitoring. In the process of construction, in case of endangering the safety of surrounding houses, the construction unit shall promptly eliminate risks and repair them, and report to the housing and urban-rural construction departments of the county-level cities (districts) where the houses are located. If the surrounding houses are damaged due to construction, the construction unit shall dispose of them in accordance with the appraisal opinions on housing safety and bear corresponding civil liabilities.

If the construction unit refuses to identify the safety impact of the building structure, the township people's government, sub-district offices, all kinds of development zone (park) management institutions and the owner of the house affected by the construction may entrust the housing safety appraisal institution to identify it, and the relevant expenses shall be borne by the construction unit.

Chapter V Prevention and Control Management of Dangerous Houses

Article 28

Township people's governments, sub-district offices and various development zones (parks) management institutions shall implement a grid management system for housing safety and regularly report the housing safety work to the housing and urban-rural construction departments of county-level cities (districts).

Article 29

The municipal housing and urban-rural construction department shall establish the city's dangerous housing management information system to provide inquiry services for the responsible persons of housing safety and citizens, legal persons and other organizations interested in housing safety.

County-level cities (districts) housing and urban-rural construction departments, township people's governments, sub-district offices, various development zones (parks) management institutions, residents' committees and villagers' committees shall timely input the information of dangerous houses and their solutions into the dangerous house management information system.

Article 30

Housing design units and construction units shall inform the housing and urban-rural construction departments of county-level cities (districts) where the houses have reached the designed service life in writing, and the housing and urban-rural construction departments of county-level cities (districts) shall urge those responsible for housing safety to conduct housing safety appraisal in a timely manner.

Article 31

The administrative departments of education, culture, radio, film and television, press and publication, health and family planning, sports, transportation, civil affairs, state-owned assets, commerce, folk religion, tourism and other industries shall establish an inspection system combining daily self-inspection and regular inspection of housing safety in crowded places in this industry.

(a) daily self-examination by the person responsible for housing safety, and report the self-examination to the industry management department every six months;

(two) regular inspection by the city, county-level city (District) industry management departments to organize and carry out, and will inform the city, county-level city (District) housing and urban and rural construction departments.

If potential safety hazards are found in the inspection, the industry management department shall urge the person responsible for housing safety to deal with them in time.

Article 32

The person responsible for housing safety shall manage dangerous houses in a timely manner. Through the management of reinforcement and transformation, the special maintenance funds for houses and the housing accumulation fund for all houses shall be extracted according to the regulations.

In the event of an emergency that endangers the safety of the house, the residents' committee, villagers' committee or owners' committee may apply for the use of special housing maintenance funds in accordance with the relevant provisions.

Article 33

If dangerous houses are dealt with or measures are taken to eliminate risks, the house users and relevant personnel shall cooperate. If the user of the house cooperates with the management or temporarily moves away from the danger, the person in charge of housing safety shall promptly notify the user to move back after the danger of the house is eliminated.

Article 34

If the house is identified as a dangerous house and cannot be used any more, it shall not be inhabited, transferred, leased or used as a place of production and business operation during the treatment period or before the danger is eliminated. The person in charge of housing safety shall set up obvious signs and fences of dangerous houses to prevent others from entering.

County-level cities (districts) housing and urban-rural construction departments shall promptly notify relevant functional departments such as market supervision and management, land and resources, public security, civil affairs, culture, radio, film and television, press and publication, education, etc. The relevant functional departments shall, in accordance with the provisions of the first paragraph of Article 28 of the Regulations, suspend the relevant formalities. After the housing danger is eliminated, the housing and urban-rural construction departments of county-level cities (districts) shall promptly inform the relevant functional departments in writing.

Article 35

Houses that are no longer used and demolished as a whole shall be handled in accordance with the following provisions:

(a) the person in charge of housing safety and the user shall move out in time, and the house shall not be used before the danger is eliminated. If the person in charge of housing safety and the user refuse to move out, the people's government of the county-level city (District) where the house is located shall take emergency measures in time to stop the use of the house;

(two) when the house collapses partially or is in danger of collapse at any time, endangering public safety, the people's government of the county-level city (district) where the house is located may demolish the dangerous house.

Article 36

For families with special difficulties who have no ability to manage dangerous houses, which have been included in the scope of public rental housing security, the responsible person for housing safety will transfer the dangerous houses to the township people's governments, sub-district offices and various development zone (park) management agencies for storage management.

Article 37

County-level cities (districts) housing and urban-rural construction departments, industry management departments, township people's governments, sub-district offices, and management institutions of development zones (parks) shall establish archives of dangerous houses, register the dangerous houses one by one, clarify the persons responsible for the supervision of dangerous houses, grasp the relevant information such as the persons responsible for housing safety and the hidden dangers of housing safety, and update them dynamically in time.

Chapter VI Termite Prevention and Control Management

Article 38

Termite control period for new houses is fifteen years, and that for old houses is two years. Where there are other provisions in the contract, such provisions shall prevail, but shall not be less than the aforementioned provisions. In the treatment period, the termite control unit shall eliminate it free of charge.

Article 39

Termite control expenses and related expenses such as reexamination and retreatment, popularization and application of new prevention technologies and drugs, and emergency treatment of termites shall be guaranteed by the finance at the same level.

Termite prevention and construction can take the form of government purchasing services and entrust termite prevention and control units to implement them.

Article 40

Termite control units shall meet the following basic conditions:

(1) Having its own name and organization;

(2) Having a fixed office space and an independent and safe drug warehouse managed by a special person;

(three) there are more than 300 thousand yuan of start-up capital or registered capital;

(four) there are more than three full-time technicians in biology, drug testing, construction engineering and other professions and more than three skilled workers who have received professional training;

(5) Having a sound management system.

Article 41

Termite prevention construction should be included in the scope of project supervision and quality supervision and spot check.

After the completion of the termite prevention project, the construction unit shall promptly organize the termite prevention unit and the supervision unit to carry out the special acceptance of termite prevention, and establish the archives of termite prevention project. Without the special acceptance of termite prevention or unqualified acceptance, the unit project completion acceptance shall not be carried out.

Article 42

Encourage termite control units to adopt new technologies and new processes that meet the requirements of environmental protection to control termites.

Forty-third houses appear termite hazards, the person in charge of housing safety shall promptly entrust a termite control unit for treatment. If the person responsible for housing safety refuses to govern or the governance is slow, causing losses to the neighboring people, he shall bear legal responsibility according to law.

Chapter VII Safety Management of Self-built Houses in Rural Homestead

Article 44

The housing and urban-rural construction department shall guide the township people's governments, sub-district offices, and various development zones (parks) to carry out the popularization of housing safety knowledge, and improve the housing safety awareness of the owners of self-built houses in rural homesteads.

Article 45

Township people's governments, subdistrict offices and management institutions of various development zones (parks) shall, under the guidance of housing and urban and rural construction, urban and rural planning, land and resources and other departments, gradually implement standardized management of rural homestead self-built houses in terms of village planning, building specifications and construction quality. To provide villagers with alternative housing types, guide villagers to choose the scheme designed by qualified units and qualified construction units, and stipulate the housing warranty responsibility through contracts to ensure the safety of housing use.

Article 46

Township people's governments, sub-district offices, and various development zones (parks) management agencies shall organize and guide villagers to carry out daily maintenance of self-built houses, and timely control potential safety hazards.

Chapter VIII Legal Liability

Article 47

Housing owners or users who, in violation of the provisions of Article 13 of the Regulations, fail to go through the formalities of filing and registration before residential renovation, shall be ordered by the housing and urban-rural construction departments of county-level cities (districts) to handle it within a time limit. If they fail to do so within the time limit, they may be fined from 5 yuan to 10 yuan per square meter according to the housing construction area; If the owner or user of the house violates the provisions of Article 14 of the Regulations and fails to go through the formalities of filing and registration before the renovation of non-residential houses, the housing and urban-rural construction department of the county-level city (district) shall order it to make up within a time limit. If it fails to do so within the time limit, it may impose a fine of more than per square meter 10 yuan and less than 30 yuan according to the housing construction area.

Forty-eighth construction units in violation of the "Regulations" provisions of the third paragraph of Article 8, did not clearly inform the transferee of the basic situation, design life, performance indicators, use and maintenance requirements, warranty scope and duration. , by the housing and urban and rural construction departments at or above the county level shall be ordered to make corrections within a time limit. If no correction is made within the time limit, a fine of not less than 5,000 yuan but not more than 30,000 yuan may be imposed.

Article 49

If the construction unit violates the second paragraph of Article 19 of the Regulations and fails to implement dynamic monitoring and take safety protection measures for surrounding houses during the construction period, the housing and urban-rural construction department at or above the county level shall order it to make corrections within a time limit. If no correction is made within the time limit, a fine of more than 30,000 yuan10,000 yuan shall be imposed.

In the process of construction, if it is found that the safety of the surrounding houses is endangered and the construction unit fails to eliminate the hidden dangers and repair them in time, the housing and urban-rural construction department at or above the county level shall order it to make corrections within a time limit and may impose a fine of more than 50,000 yuan150,000 yuan.

Article 50

Housing safety responsible person in violation of the "Regulations" and the provisions of these rules, refused or delayed to perform the responsibility of dangerous housing management, by the county-level city (District) housing and urban and rural construction departments shall be ordered to governance within a time limit; If it is still not handled within the time limit, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed on individuals, and a fine of not less than 30,000 yuan but not more than 100,000 yuan shall be imposed on units.

Article 51

Units or individuals that obstruct the implementation of emergency disposal of dangerous houses shall be ordered by the housing and urban-rural construction departments of county-level cities (districts) to make corrections, and a fine of more than 5,000 yuan and less than 30,000 yuan shall be imposed on individuals, and a fine of more than 30,000 yuan/kloc-0,000 yuan shall be imposed on units.

Article 52

Obstruct the office staff from performing their duties of housing safety management according to law, and investigate the legal responsibilities of relevant units and individuals according to law.

Chapter IX Supplementary Provisions

Article 53

These rules shall come into force on March 8, 20 1 year, and the Measures for the Administration of Housing Safety in Taizhou City (No.[2006]131) shall be abolished at the same time.