The Measures of Handan Municipality on the Administration of Urban Housing Safety
(Adopted at the 78th executive meeting of Handan Municipal People’s Government on September 25, 1997; Promulgated by the Order No.66 of Handan Municipal People’s Government on September 25, 1997; Amended for the first time according to the Government Order No.93 on October 30, 2002; Amended for the second time according to the Government Order No.130 on May 31, 2009; Amended for the third time according to the Government order No.23 on August 13, 2018; Promulgated by the Government Order No.169 on August 29, 2018)
第一章 总 则
Chapter 1. General Provisions
Article 1. In order to strengthen the administration of urban housing safety, ensure the housing for living, promote the effective utilization of housing, these Measures are formulated in accordance with the relevant laws and regulations and actual conditions of Handan city.
Article 2. These Measures shall apply to all kinds of houses that have been constructed or delivered for use. The owner and user of the houses shall abide by these Measures.
Article 3. The Municipal housing security & house property management department shall take charge of the administration of housing safety citywide.
The Municipal housing safety management authority is specifically responsible for the administration of housing safety in Congtai District, Hanshan District, Fuxing District, Economic and Technological Development Zone. Meanwhile, the municipal housing safety management agency provides supervision, inspection and business guidance on the administration of housing safety of other counties (cities/districts). The work funds of housing safety management shall be included in the financial budget of the department at the same level.
The housing safety administrations of other counties (including the county-level city and district) and Jinan New District shall be responsible for the specific works on housing security management within their own district.
The administrative departments in charge of planning, construction, public security, fire control, market supervision and Culture Broadcasting Television Press and Publication shall assist with the housing safety administrations according to their respective functions, working jointly to manage the safe use of housing in Handan.
Chapter 2. Housing Security Management
Article 4. The owner of the house and those using the rent-free public housing shall conduct regular house safety inspection. After inspection, the safety situation of the house shall be summarized and reported to the Municipal Housing Safety Management authority for future reference.
新建房屋竣工验收后，按前款规定执行。This article also applies to those houses after being completed.
Article 5. The housing safety administrations shall, together with other departments concerned, regularly carry out supervision and inspection on housing safety. If the house is found to be in need of safety appraisal according to relevant regulations, the owner or user shall be notified to go to the Municipal Housing Safety management authority of the for safety appraisal.
Article 6. For houses used for public entertainment, public welfare, public utilities and commercial operation, the housing safety management departments shall notify the user of the house to apply for the house safety appraisal.
Where a house is used for public entertainment, public welfare, public utilities and commercial operation, the housing safety administrations shall notify the user of the house to apply for Housing Safety Appraisal to the Municipal Housing Safety Management authority.
Article 7. Hazardous buildings shall be managed by its owner. The owner shall be responsible for taking safety management measures in any of the following circumstances.
(i) The user will take the responsibility when user arbitrarily changes the purpose, structure or overloads the house, misuses the function of the house, thus causing damage to the building and making it hazardous.
(ii) The perpetrator shall take the responsibility when his action of construction, piling, collision, etc. make the building become hazardous.
(iii) The house managing agent shall take the responsibility when a house entrusted by the owner as an escrow, becomes a hazardous building due to poor maintenance.
(iv) The user shall take the responsibility when the user carries out indoor or outdoor decoration without authorization, making it a hazardous building.
(v) The organization in use shall take the responsibility when the rent-free public houses become hazardous.
(vi) The co-owners will assume the responsibility in proportion to their property rights over the house and manage it jointly for those co-owned hazardous buildings.
Article 8. The owner of adjoined property shall perform the corresponding responsibilities in accordance with the relevant regulations on adjoined property.
Article 9. In the case of a collapse during the use of the house, the owner or user of the house shall protect the site, take effective measures to rescue personnel and protect possessions, and inform the Housing Safety Management authority. The staff from housing safety management agency shall go to the scene for investigation and present accident analysis report.
Article 10. If the buildings are appraised by the Municipal Housing Safety Management Authority and are in need of demolition and reconstruction as the dilapidated house transforming, the preferential policies of old city reconstruction (urban renewed residential district) can be bestowed.
Article 11. In urban renewal project (old city reconstruction project), the housing acquisition enterprise shall copy the application documents to relevant departments such as construction department and taxation department when applying for housing safety appraisal by the housing safety management authority. After the house is identified as hazardous buildings, procedures will be handled at relevant department by “building safety appraisal report”.
Chapter 3. Housing Safety Appraisal
Article 12. The owner or user of the house shall apply to the housing safety management authority for a housing safety appraisal under any of the following circumstances:
(i) The houses with reinforced concrete structures or steel structures that have been used for more than 40 years, with brick-concrete structures of more than 30 years, brick-wood structures of more than 20 years, and houses with simple structures of more than 10 years;
(ii) The houses with obvious corrosion, cracks, deformation or damage caused by disasters of walls and other load-bearing members
(iii) The houses with main structure being dismantled and replaced, with purpose changes, with added windows or balconies, with operational loads increased, with being ready for adding floor and expansion.
(iv) The houses damaged by adjacent houses’ construction, extension, or decoration.
(v) The houses whose safety has to be ensured for public uses.
(vi) Houses that are in need of safety appraisal for handling property disputes by people's court and arbitration organization.
(vii) Houses that are in need of safety appraisal for renting.
(viii) Houses that are in need of seismic appraisal
(ix) Houses that are in need of other types of safety appraisal.
Article 13. When the applicant of building safety appraisal applies for it, he shall go to the local housing safety management authority, fill in "application for building safety appraisal ", and submit the following certificates concerned and relevant technical data at the same time.
（一）房屋所有人的房屋所有权证；The house owner's ownership certificate
（二）房屋使用人的房屋租赁契约；The lease contract of the user of the house;
（三）委托管理房屋的授权委托书；A letter of authorization for the managing house as an agent
（四）房屋安全管理机构认为应提交的其他资料。Other relevant materials which the housing safety management authority considers ought to be submitted
Article 14. The safety appraisal of the building shall be conducted according to the following procedures
(i) The Housing Safety Management Authority shall examine the application and related materials submitted by the applicant to find out the history and current situation of the housing facilities.
(ii) After accepting the application, the Housing Safety Management Authority shall formulate an Appraisal Scheme, select appropriate appraisal equipment, enter the site within 7 days, investigate and test the main load-bearing components of the house, adjacent buildings, topography, landform, water supply and drainage system, and record various damage data. The applicant shall send special personnel to assist with the site investigation.
(iii) There shall be more than 2 appraisal professionals to participate in the housing safety appraisal. For special identification projects, professionals may be invited or departments concerned may be invited to participate.
(iv) The appraisal conclusion will be made, the treatment suggestions will be proposed and the “Building Safety Appraisal Report” will be issued within 20 days after the appraisal of the appraised house, which will be given by the House Safety Management Agency after analysis. The appraisal report shall be signed by the appraisal professional and affixed with the special seal for the safety appraisal.
Article 15. Common unambiguous terms shall be used in the process of building safety appraisal for writing the appraisal report and proposing treatment suggestions.
Where a building is identified as a hazardous building, the appraisal agency must issue a notice of danger in time; If a building is identified as a non-hazardous building, the appraisal agency should indicate the effective time limit under normal operation conditions in the appraisal report, which is usually less than 1 year.
Article 16. Those identified as hazardous buildings shall be dealt with in accordance with the following provisions:
(i) Observed use. It shall be applicable to buildings which can be used for a short time after taking appropriate safety technical measures, but need to be kept under observation;
(ii) Processed use. It shall be applicable to buildings where danger can be removed after taking appropriate safety technical measures.
(iii) Stop use. It shall be applicable to buildings that are meaningless for further maintenance; temporarily inconvenient to be demolished; and do not endanger the safety of neighboring buildings and others.
(iv) Overall demolition. It shall be applicable to buildings that are meaningless for further maintenance, and are in need of immediate and imminent demolition.
Article 17. The area or surrounding of the hazardous building being appraised shall depend on the data shown on a valid building certificate.
Article 18. The arbitral tribunal or judicial court that accepts a case involving a hazardous house may designate the parties involved in the case to apply for a Housing Safety Appraisal or directly request for a Housing Safety Appraisal.
Chapter 4 . Legal Liability
Article 19. Where the accident is caused by the following reasons, the owner or possessor or user shall shoulder civil and administrative responsibilities:
(i) Failure to conduct Housing Safety Appraisal as required
(ii) House is hazardous but no one comes to the local Housing Safety Management authority to apply for appraisal, or the house is damaged without repair.
(iii) House is identified as hazardous but it is not treated and settled as required.
(iv) The hazardous adjoined property’s management and treatment actions are obstructed.
Article 20. Where a house used for public entertainment, public welfare, public utilities or commercial operation fails to apply for a Housing Safety Appraisal as notified by the Housing Safety Administration, the Housing Safety Administration shall order it to be made a safety appraisal within a specified time limit. And those who fail to apply for appraisal within the time limit stated shall be fined not more than 10,000 Chinese Renminbi Yuan (CNY).
Article 21. If a party is not satisfied with the decision on administrative penalty, he may apply for administrative reconsideration or file an administrative suit in accordance with law.
If, within the time limit, an administrative reconsideration is not applied for, a suit is not brought or a penalty decision is not carried out, the administrative organ that made the penalty decision may apply to a people's court for compulsory enforcement.
第五章 附 则
Chapter 5. Supplementary Articles
Article 22. The term "hazardous building" used in these Measures shall refers to a house whose structure has been seriously damaged or whose load-bearing component has become a dangerous one. The building may lose its structural stability and bearing capacity at any time and cannot guarantee the safety of living and using.
Article 23. Where the enterprise fails to apply for the safety appraisal and management of its production rooms, the housing safety management authority shall not administer them. However, when an enterprise applies, the housing safety management agency shall accept the application.
Article 24. These Measures shall come into force on the date being published.