(Deliberated and adopted at the 159th Executive Meeting of the 6th Shenzhen Municipal People's Government on February 14th, 2019)
Chapter One General Provisions
Article 1 To strengthen the management of housing safety and maintain public safety and social order, these Measures are hereby formulated in accordance with the provisions of relevant laws and regulations and in light of the current circumstances of the municipality.
Article 2 These Measures shall apply to the safety management and supervision of houses and building curtain walls that were built and are currently in use within the jurisdiction of the municipality.
Housing fire safety management and the utilization and safety management of elevators, gas, water supply, electricity supply and other specialized facilities and equipment shall be subject to applicable laws, regulations and rules.
Where there are other provisions in laws and regulations pertaining to the housing safety management for the armed forces, cultural relic protection sites, religious organizations and other relevant institutions, such provisions shall prevail.
Article 3 The housing safety management measures shall be implemented following the principles that prioritize prevention, integrate prevention and renovation, and emphasize primary responsibility performance within the geographical jurisdiction.
Article 4 The municipal people's government shall provide guidance for housing safety management throughout the municipality, establish and improve the systems and mechanisms for, and coordinate and supervise the implementation of, housing safety management.
The people's governments of all districts (including the administrative committee of the New District, the same below) shall be responsible for the organization, leadership and comprehensive coordination of the housing safety management within their own jurisdictions, ensure adequate investment therein, reinforce law enforcement efforts, establish a gridded and regularized regulation system for housing safety, and improve the emergency response mechanism regarding housing safety emergencies.
Article 5 The housing administrative authorities at municipal level shall act as the competent department of housing safety management throughout the municipality (hereinafter referred to as the "Municipal Competent Department")and perform the following duties:
(1) organizing the formulation of policies, regulations and technical standards for housing safety management;
(2) coordinating and directing the housing safety management throughout the municipality;
(3) supervising the housing safety inspection and assessment market;
(4) organizing and carrying out publicity of and training on housing safety;
(5) other duties as prescribed by laws, regulations, rules and the municipal people's government.
Article 6 The housing administrative authorities at district level shall act as the competent department of housing safety management within their jurisdiction (hereinafter referred to as the "District Competent Department")and perform the following duties:
(1) organizing and conducting on regular basis inspection on potential safety hazards for houses and building curtain walls;
(2) directing and urging all sub-district offices to carry out emergency drills and implement management measures in response to housing safety emergencies;
(3) investigating and dealing with any acts that endanger housing safety in violation of applicable laws and regulations;
(4) recording reports on housing safety inspection and assessment;
(5) implementing publicity of and training on housing safety;
(6) other duties as prescribed by laws, administrative regulations, rules and the district people's governments.
The housing safety management agencies shall, as entrusted by the competent departments at municipal and district levels, undertake specific tasks such as identification of potential housing safety hazards and information management.
The District Competent Department may entrust sub-district comprehensive administrative enforcement units in accordance with the law to carry out administrative enforcement against any violations of laws and regulations during the use of houses.
Article 7 The planning and natural resources authorities shall be responsible for providing and updating, on real-time basis, information on the land area, land category, building area, function and term, ownership, etc. of the houses, directing and assisting the sub-district offices in registering the names of Accountable Persons managing housing safety within their jurisdiction.
The inspection authorities shall manage the safety of any illegally-built buildings leftover from history according to their functions and duties, and demolish those attached with serious structural safety hazards which cannot be rectified or eliminated in accordance with the law.
Educational, civil affairs, transportation, cultural, radio and television, tourism and sports, health and relevant government organs shall urge the Accountable Persons managing the safety of public buildings in corresponding industries to carry out regular housing safety inspections and eliminate potential hazards in a timely manner.
Public security, finance, emergency management, market regulation, urban management, housing rental and governmental organs shall cooperate in the house safety management according to their functions and duties.
Article 8 Sub-district offices shall, under the leadership of the district people's governments, perform the responsibility in the area within their jurisdiction, and designate full-time personnel to implement gridded and normalized management of housing safety in the area under their jurisdiction, while performing the following duties:
(1) recording the names of accountable persons who manage housing safety;
(2) urging the accountable persons to carry out repairs, inspections, assessments and potential housing safety hazard management;
(3) urging relevant owners' committees and property service providers to complete housing safety management and relevant works;
(4) identifying potential housing safety hazards, supervising and coordinating the hazard elimination of dilapidated housing;
(5) dealing with housing safety emergencies in accordance with the law;
(6) assisting competent departments at municipal and district levels in publicity of and training on housing safety;
(6) other duties as prescribed by laws, regulations, rules and the municipal and district people's governments.
Article 9 House owners, the parties concerned (managers) of illegally-built buildings left over from history or management agencies of public-owned houses shall be the persons in charge of housing safety.
In case of unclear ownership, or the owner of a house or the party concerned (managers) of an illegally-built building left over from history cannot be found, the actual user of such house or building shall be identified as the Accountable Person to manage the housing safety.
Where the owner of a house or the party concerned (managers) of an illegally-built building left over from history is not the same person as the actual user thereof, the latter shall use the house or building reasonably in accordance with the provisions of laws, regulations and contracts, and assume the corresponding responsibility in relation to housing safety.
Article 10 The Municipal Competent Department shall establish a unified housing safety information management platform of the whole city, through which information of dilapidated housing that endangers public safety shall be disclosed to the society.
The District Competent Departments shall be responsible for managing housing safety information within their own jurisdiction, supervising and directing the sub-district offices or specialized institutions to input and update housing safety information as required, and conducting statistical analysis and releasing such information regularly.
The housing safety information will be connected with the information in the management systems of public security, market regulation, housing rental, real estate registration, and disposal of illegally-built buildings left over from history, in order to realize collaborative prevention and management of potential housing safety hazards throughout the municipality.
Article 11 The competent authorities at municipal and district levels and sub-district offices shall establish and improve the report and complaint mechanisms and publicize methods to file reports and complaints, so as to provide convenience for the public to oversight the housing safety management.
Chapter Two Housing Safety Management
Article 12 When delivering houses for use, the construction units shall submit the house quality assurance letter, house use guidelines and relevant documents of the houses, and specify the basic conditions, performance indexes, designed service life, prohibited acts, maintenance requirements, warranty scope and duration of the houses, and relevant information.
The construction units shall be responsible for the maintenance and management of the quality defects of the houses in accordance with the provisions of laws, regulations, rules and contracts.
Article 13 Following the delivery of a house, the Accountable Person shall perform the following duties pertaining to housing safety management:
(1) making reasonable use of the house according to its design requirements or approved functions;
(2) regularly inspecting and promptly eliminating potential safety hazards;
(3) ensuring the safety of the house during their repair, renovation and interior decoration;
(4) conducting inspection and assessment of Housing Safety in compliance with applicable rules;
(5) promptly managing and eliminating hazards of dilapidated housing;
(6) cooperating with the government and relevant departments in identification of potential housing safety hazards, inspection and assessment and emergency response of dilapidated housing;
(7) other duties as prescribed by law.
Where the safety inspection, repair and maintenance of the common parts of a building are outsourced, the entrusted property service provider or other management agencies shall carry out the works in accordance with the applicable agreement, and establish appropriate housing safety management archives. In the case of independent management, the accountable person shall assume joint responsibility.
Article 14 In case of one of the following activities, the Accountable Person shall entrust the original designer or the design unit with the applicable level of qualification to propose a design scheme and a construction drawing, and then employ a construction unit with the applicable level of qualification to carry out such scheme:
(1) demolishing and altering the house structure;
(2) changing functions of the house, thereby affecting the safe use thereof;
(3) increasing house load beyond the design standard;
(4) other activities that may seriously affect the housing safety.
Article 15 House repair, renovation, interior decoration and other activities requiring completion of relevant procedures of land use, planning and construction permission pursuant to the law shall be completed in compliance with the applicable regulations.
In case of house repair, renovation, interior decoration and other activities requiring no formalities for land use, planning or construction permission in accordance with the law, the Accountable Person shall apply for registration with the sub-district office where the house is located before carrying out the construction, and the office shall inform the applicant in writing of the provisions of Article 14 of these Measures and relevant matters requiring attention. The sub-district office may accept registration through community workstations, or by entrusting property service providers or other management agencies.
Article 16 The property service providers or other entrusted management agencies shall stop any acts that violate the provisions of Article 14 hereof and report such violation to the sub-district office where the house is located, immediately upon discovery. If any potential safety hazard of the house is identified, a notification shall be made in a timely manner to the Accountable Person that manages housing safety and the sub-district office where the house is located and safety precaution measures shall be taken to ensure public safety.
Article 17 In case that any potential safety hazards exist in a house or the Accountable Person violates Article 14 of these Measures, thereby endangering the personal or property safety of any interested parties, the interested parties shall be entitled to request the accountable person to eliminate any relevant hazards, and to file a complaint with the sub-district office in the place where the house is located if the Accountable Person refuses to eliminate such hazards.
Article 18 Upon receipt of any report or complaint on potential housing safety hazards, the competent sub-district office shall make timely verification and may send specialized technicians to conduct on-site inspections. The District Competent Department shall provide guidance and assistance.
If the house in question is found to have potential structural safety hazards upon verification, the sub-district office shall send a Notification on Management of Potential Safety Hazards to urge the Accountable Person to take management measures, and may also publicize the house hazards information by posting notices, setting up warning signs and other methods.
Article 19 The district people's governments shall regularly organize the sub-district offices within their jurisdiction to carry out identification of potential housing safety hazards.
The identification of potential housing safety hazards may be completed by entrusted specialized institutions. Specific measures for identification of potential housing safety hazards shall be formulated separately by the Municipal Competent Department.
Article 20 Before starting an underground or blasting project, the construction unit shall make a field investigation of the surrounding sites, ground foundation, upper main structure and the envelope of the building in accordance with applicable regulations, employ a specialized institution to implement a safety impact assessment, and adopt risk prevention measures basing on the current condition.
The project construction authorities shall urge construction units to take risk prevention measures in accordance with applicable regulations to ensure the safety of houses in surrounding areas, and promptly respond to any circumstance that affects the safety of such houses during the construction process.
Article 21 Any expenses incurred by any accountable person for the performance of the responsibilities stipulated in Paragraphs 2, 4 and 5 of Article 13 of these Measures may be deducted from the special property maintenance funds in accordance with the applicable provisions.
If the accountable person is deemed eligible and belongs to the group with special difficulties, and cannot afford the expenses in relation to the management of the dilapidated housing, elimination of hazards and resettlement, the government may provide them with appropriate subsidies. Alternatively, said Accountable Person may apply to the sub-district office where the house is located for management and elimination of hazards.
In case of any potential safety hazard arising from the acts of a third party, the Accountable Person may recover from the third party after payment of the expenses of inspection, identification, repair and management pursuant to applicable regulations, except as otherwise provided by law.
Chapter Three Housing Safety Assessment
Article 22 Institutions engaging in the activities of housing safety inspection shall have applicable national inspection qualification.
The institutions engaging in the activities of housing safety assessment (hereinafter referred to as "Assessment Institution") shall have relevant national inspection qualification and recognition certificates of building structure inspection competence, and shall employ inspection and assessment talents who meet the requirements of housing safety assessment and have the required qualification or ability.
In case of any objection to the assessment conclusion provided by any Assessment Institution, the assessment requestor may apply to the municipal construction project quality inspection agency for review. The competent authority shall confirm the assessment conclusion basing on the review opinions.
Article 23 Institutions engaging in assessment activities of housing safety involving public security, of which its applicable assessment cost is paid out of state-owned funds (including fiscal funds) or collective funds, in the municipality shall be subject to a directory management system.
The Municipal Competent Department shall publicly select Assessment Institutions, establish a directory thereof, and publicize the directory to the public.
Article 24 Assessment Institutions shall carry out assessment activities of housing safety in line with relevant professional specifications, standards and procedures, and shall be responsible for the authenticity and accuracy of the housing safety inspection and assessment reports issued by them, and shall bear legal liabilities in accordance with law. Specific measures for inspection and assessment of housing safety shall be formulated separately by the Municipal Competent Department.
Assessment Institutions shall independently carry out inspection and assessment activities, with assistance and cooperation of relevant units or individuals, and shall not refuse, obstruct or interfere with the normal inspection and assessment activities of the inspection and assessment staff without justifiable reasons.
The housing safety inspection and assessment reports issued by the Assessment Institutions shall be signed by their Structural Engineer with National Class-One registration for confirmation, and such reports shall constitute the basis for the identification of the housing safety condition.
Assessment Institutions and their staff shall protect the national secrets and trade secrets learned during the inspection and assessment process and shall not divulge personal privacy, except as otherwise stipulated by laws and regulations.
Article 25 Under any of the following circumstances, the accountable person shall, independently or in conjunction with a third-party, which is the major body of responsibility, entrust an Assessment Institution to conduct housing safety assessment:
(1) rebuilding, expanding, or increasing the service load of, the house;
(2) changing functions of the house, thereby affecting the safe use thereof;
(3) where the house is intended to continue to be used after the expiry of the designed service life;
(4) where the house suffers from natural disasters, fire, explosion, collision and other accidents, or is structurally damaged, seriously corroded, cracked or deformed due to underground construction or serious quality defects;
(5) other circumstances where the inspection and assessment of housing safety become requisite as required by law.
Article 26 Where a house is found to be under the circumstances prescribed in Article 25 of these Measures, the sub-district office where the house is located shall urge the accountable person to conduct a safety assessment within a specified time limit and take safety-related technical measures to eliminate any potential safety hazards.
If, during such assessment, the accountable person has taken such safety-related technical measures such as repair, reinforcement or complete demolition to eliminate the potential safety hazards, a report shall be submitted in a timely manner to the sub-district office. The houses with potential structural safety hazards shall not be stopped from receiving any safety precaution during the assessment.
Article 27 Where a group of houses are structurally damaged due to natural disasters, fire, explosion, collision or other accidents, the District Competent Department shall, together with the sub-district offices, organize Assessment Institutions to carry out emergency assessment. Where such damaged houses are located within more than one administrative region, the District Competent Department shall coordinate with the Assessment Institutions of all relevant districts to this end.
Article 28 In the event that a house is in urgent need of a safety assessment to protect the public safety, the municipal and district competent departments and the competent sub-district offices may directly designate an Assessment Institution from the applicable directory for such purpose.
Article 29 Where a premise is identified as dilapidated housing upon assessment, the Assessment Institution shall specifically provide management opinions regarding the following aspects in its assessment report on the basis of current condition of the premise:
(1) use under observation: applies to houses that can still be used for a short period of time but need to be kept under observation after the adoption of appropriate safety and technical measures, safety inspection and assessment shall be implemented again after the expiration of the observation period;
(2) use after management: applies to houses that are no longer dangerous after the adoption of appropriate safety and technical measures;
(3) cessation of use: applies to houses with no repair value that are inconvenient to be demolished and will not endanger the adjacent buildings and affect the safety of others in a short period of time, in which case the Accountable Person and user of the house shall cease the use of such houses and move out from them immediately;
(4) complete demolition: applies to houses that are dangerous in part or as a whole yet have no repair value, thereby should be demolished immediately, in which case the accountable person and user of the house shall stop using such houses and move out from them immediately.
Article 30 Where a premise is identified as dilapidated housing upon assessment, the Assessment Institution shall deliver the assessment report to the assessment requestor and the sub-district office in the place where the premise is located, and submit a separate report to the District Competent Department within 24 hours after issuing the assessment report.
If an Assessment Institution identifies, in the course of investigation and assessment, that a house is in serious danger, that the house may lose structural stability or load-bearing capacity at any time, or that the house may collapse or other circumstance endangering public safety occurs, it shall forthwith inform the assessment requestor and report to the sub-district office in the place where the house is located and the District Competent Department. Such sub-district office shall, together with the District Competent Department, immediately evacuate surrounding residents, keep people out of the dangerous premise, delimit a caution area and report to the district people's government for emergency arrangements and rescue.
Chapter Four Potential Housing Safety Hazards Management
Article 31 In case of any potential safety hazards existing in a house, the accountable person shall, in accordance with applicable regulations, adopt safety precaution measures to eliminate such hazards in time.
The accountable person who has taken appropriate measures to eliminate safety hazards shall submit a report to the sub-district office in the place where the house is located, which shall verify the situation and keep the information updated. If it is verified that such hazards have not been completely eliminated, the sub-district office shall urge the accountable person to resume the efforts of elimination.
Where the accountable person refuses or is unable to eliminate such hazards in accordance with applicable regulations, the sub-district office shall report to the district people's government in a timely manner and make appropriate arrangements.
Article 32 Dilapidated housing shall not be used for rental purpose, or for production, or business operation until management or elimination of hazards has been completed.
During the management or elimination of hazards, the accountable person shall set up fences and warning signs and take safety precaution measures to prevent other people from entering or approaching the premise.
The sub-district office shall input any dilapidated housing information into the housing safety information management platform and publicize such information by posting notices, setting up warning signs, and other appropriate methods.
Article 33 With respect to a premise that is identified to be dilapidated upon assessment and shall be subject to "cessation of use" or "complete demolition", if the accountable person who manages the safety of said premise fails to take appropriate measures according to the opinions of the applicable assessment report in a timely manner, the sub-district office shall send a Notification on Cessation of Use of Dilapidated Houses that orders the accountable person of such premise to cease the use of the dilapidated housing, move out, take appropriate management measures and eliminate any existing hazards within a specified time limit. In case that the accountable person fails to move out of the house or to conduct appropriate hazard management and elimination measures within the specified time limit, the sub-district office shall, jointly with the District Competent Department, promptly report to the district people's government for emergency arrangement and rescue.
During the period of time that the accountable person is being urged to eliminate safety hazards, If the dilapidated house is at risk of losing its structural stability or load-bearing capacity or may collapse at any time, thus posing threats to public safety, the sub-district office shall, together with the District Competent Department, immediately evacuate surrounding residents, keep people out of the dangerous premise, delimit a caution area, and report to the district people's government.
Article 34 The district people's governments shall strengthen the management and supervision of dilapidated housing within their jurisdiction, and promptly organize the arrangement of dilapidated housing that affects public safety.
The sub-district offices shall organize the implementation of inspections of dilapidated housing, track and supervise the safety status and management progress of such to ensure public safety.
Article 35 The district people's government shall develop a preplan for housing safety emergencies, set up emergency rescue teams, prepare sufficient emergency materials, and regularly organize the sub-district offices within its jurisdiction to carry out emergency training and drills.
In case of any house in serious danger, the district people's government shall immediately initiate the preplan for housing safety emergencies and carry out emergency arrangements and rescue.
Article 36 The district people's government shall, in the process of house emergency arrangement and rescue, take appropriate emergency arrangement and rescue measures in accordance with law, and may adopt the following measures as required:
(1) restricting or prohibiting the use of the relevant equipment and facilities, restricting the use of or closing down the relevant premises, suspending densely populated activities and production and business operations that may cause further harm, and taking other appropriate protective measures;
(2) keeping people out of dangerous places, delimiting caution areas, implementing temporary traffic control and taking other safety prevention and control measures;
(3) controlling the transport and transmission of water, electricity, flammable gases and liquids;
(4) using or demolishing adjacent buildings, structures and their auxiliary facilities and equipment, etc.;
(5) organizing evacuation of people;
(6) other reasonable and requisite safety precaution measures.
Chapter Five Curtain Wall Safety Management
Article 37 The accountable person shall conduct safety inspection and assessment on the curtain wall in compliance with applicable requirements, take appropriate prevention, protection, maintenance and other necessary measures against that with potential safety hazards, and maintain related records pertaining to the safety management thereof.
Article 38 accountable persons that manage housing safety shall conduct safety inspection pursuant to the following provisions:
(1) building curtain walls that are in normal use shall be subject to a routine safety inspection at least every 6 months;
(2) starting from 1 year after the completion acceptance or delivery of the building curtain walls, a periodic safety inspection shall be conducted every 5 years;
(3) starting from 1 year after the completion acceptance or delivery, with respect to building curtain walls with a cable-strut tensioned structure that applies prestressing force, a special periodic safety inspection shall be conducted every 3 years;
(4) a special periodic safety inspection shall be conducted on the bonding performance of silicone structure sealant in different parts of the project 10 years after the delivery, and every 3 years thereafter;
(5) in the event of a strong breeze, immediate safety measures shall be taken for the damaged parts, and the problems shall be inspected using the routine safety inspection methods;
(6) in the event of an earthquake with seismic fortification intensity or above or of a sudden accident such as earthquake, fire, safety precaution measures shall be taken immediately to the damaged parts and the scene of the accident, and inspect them pursuant to the regular safety inspection procedure;
(7) if there are other circumstances that may affect public safety, special safety inspections shall be conducted.
Routine safety inspections may be carried out by the Accountable Person or the entrusted enterprises or institutions, and the personnel who carry out the routine safety inspections shall receive professional training. Periodic and special periodic safety inspections shall be entrusted to a specialized institution with the corresponding technical capacity for implementation.
The enterprises or institutions so entrusted shall submit an inspection report to the assessment requestor and be responsible for the conclusion thereof.
Article 39 Building curtain walls shall be inspected for safety every 10 years after completion acceptance or delivery in principle. Under any of the following circumstances, the accountable person shall conduct a safety assessment by entrusting a professional institution with sufficient inspection and design capabilities of building curtain walls required to do so:
(1) in case of a building curtain wall that is required to be used upon or after the expiration of the designed service life;
(2) the main structure of a building has been identified with potential safety hazards through inspection and assessment;
(3) it is found in a safety inspection that there are serious potential safety hazards requiring a further inspection and assessment;
(4) in case of any abnormal deformation, falling off and bursting of panel, connection member or local wall surface, and such potential safety hazards cannot be eliminated through regular maintenance and repair;
(5) where serious damage is caused by natural disasters or emergencies such as storms, earthquakes, lightning strikes, fires, explosions, etc.;
(6) other circumstances that may seriously affect the public safety.
Specialized institutions undertaking the safety assessment of building curtain walls shall issue a safety assessment report, put forward specific management opinions, take responsibility for their assessment conclusions, and shall not provide false safety assessment information.
Assessment Institutions shall deliver an assessment report, within 48 hours after the issuance thereof, to the assessment requestor and the sub-district office where the house is located, and submit a separate report to the District Competent Department for the record.
If an Assessment Institution identifies, in the course of investigation and assessment, that there are major risks in a building curtain wall that may endanger public safety, it shall forthwith inform the assessment requestor and report to the sub-district office in the place where the house is located and the District Competent Department. Such sub-district office shall, together with the District Competent Department, immediately evacuate surrounding residents, keep people out of the dangerous premise, delimit a caution area and report to the district people's government for emergency arrangements and rescue.
Article 40 If a building curtain wall has potential safety hazards, the accountable person shall set up warning signs, take safety precaution measures to prevent other people from entering or approaching the building, and entrust a construction unit with applicable curtain wall project construction license to carry out the renovation.
Specific measures for purposes of maintaining and managing the safety of existing curtain walls shall be formulated separately by the Municipal Competent Department.
Chapter Six Legal Liabilities
Article 41 Where an Accountable person, in violation of Article 14 of these Measures, fails to entrust the original designer or the design unit with the applicable level of qualification to propose a design scheme and a construction drawing, or to entrust a construction unit with the applicable level of qualification to implement such scheme, the District Competent Department shall order the accountable person to stop such illegal acts, restore the house or take the technical safety measures such as repairing and reinforcing within a specified time limit, and impose a fine that amounts to 1,000 yuan if the accountable person is an individual or a fine that amounts between 50,000 and 100,000 yuan if the accountable person is an organization. If any losses are caused to others, the violator shall be liable for compensation in accordance with law.
Article 42 Where an accountable person, in violation of Article 15(1) of these Measures, fails to complete the relevant procedures of land use, planning and construction in accordance with law, and if such acts also violate applicable land use or planning regulations, the provisions of laws and regulations pertaining to land planning supervision shall prevail; when such acts also violate applicable regulations pertaining to quality or safety management of construction projects, provisions of relevant laws and regulations on quality and safety management of construction projects shall prevail.
Where an accountable person, in violation of Article 15(2) of these Measures, fails to apply for registration, the District Competent Department shall order the accountable person to make corrections and impose a fine with the maximum amount of 1,000 yuan if the accountable person is an individual or a fine that amounts between 10,000 and 50,000 yuan if the accountable person is an organization.
Article 43 Where the property service providers or relevant entrusted management agencies fail to stop any acts that violate the provisions of Article 16 hereof or to report in a timely manner to the sub-district office where the house is located, or to take safety precaution measures as appropriate, the District Competent Department shall order the violator to make corrections. In the event that they refuse to make any corrections, a fine that amounts between 30,000 yuan and 50,000 yuan shall be imposed to them.
Article 44 Where the construction unit, in violation of Article 20 of these Measures, fails to entrust a specialized institution to conduct a safety impact assessment on the houses around the project site and thus not taking any risk prevention measures, the project construction authority shall order the construction unit to make corrections within a specified time limit and impose a fine that amounts between 50,000 and 100,000 yuan.
Article 45 Where an accountable person, in violation of Article 25 of these Measures, fails to, independently or in conjunction with a third-party which is the major body of responsibility, entrust an Assessment Institution to implement a safety assessment, the District Competent Department shall order the violator to make corrections within a specified time limit and impose a fine with the maximum amount of 1,000 yuan if the accountable person is an individual or a fine that amounts between 50,000 and 100,000 yuan if the accountable person is an organization.
Article 46 Where an accountable person, violates Article 32(1) of these Measures by using a dilapidated house for rental purpose, the administrative agency of house leasing shall deal with such violation in accordance with relevant provisions. Where the accountable person uses a dilapidated house for production and business operation, the emergency management agency shall take actions against such in accordance with the provisions of the Law on Work place Safety of the People's Republic of China.
Article 47 Where an accountable person, in violation of Articles 31(1), 32(2) or 33(1) of these Measures, fails to take any measures pursuant to relevant provisions or the opinions of the applicable assessment report, the District Competent Department shall order the accountable person to make corrections within a specified time limit and impose a fine that amounts to 1,000 yuan if the accountable person is an individual or a fine that amounts between 50,000 and 100,000 yuan if the accountable person is an organization.
Article 48 Where an accountable person, a property service provider or any other specialized institution specializing in the maintenance and management of curtain walls, in violation of Articles 38, 39 or 40 of these Measures respectively, fails to perform safety inspections, safety assessment, potential hazards removal and applicable maintenance and management responsibilities with respect to curtain walls, the District Competent Department shall order the violator to make corrections within a specified time limit and impose a fine with maximum amount of1,000 yuan if the accountable person is an individual or a fine that amounts between 50,000 and 100,000 yuan if the accountable person is an organization.
Article 49 Where an Assessment Institution falls under any of the following circumstances, the District Competent Department shall order to make corrections within a specified time limit, impose a fine that amounts between 30,000 and 100,000 yuan, and remove the name of such Assessment Institution from the directory of Assessment Institutions. The housing safety inspection and assessment staff who are directly responsible shall be fined 1,000 yuan and will not be allowed to engage in the work of housing safety inspection and assessment in this with a municipality in three years. Those suspected of committing a crime shall be transferred to the judicial organs in accordance with law.
(1) issuing false assessment reports;
(2) failing to implement an inspection and assessment in accordance with relevant national specifications and standards, thereby causing significant influence on the assessment result;
(3) other acts in violation of laws, regulations and the provisions of these Measures.
Article 50 Any accountable persons, lessee and other entity refuses or obstructs the specialized institutions to carry out potential safety hazard identification, evaluation, inspection and assessment and other routine activities, or refuses or obstructs civil servants to perform their duties of housing safety management in accordance with law, the competent public security organ shall impose penalties basing on public security regulations in accordance with law. Those suspected of committing crimes shall be transferred to judicial organs in accordance with law.
Article 51 Where the municipal or district competent department, any other competent authority, the district people's government, sub-district office and any staff of the aforementioned parties, falls under any of the following circumstances, the competent authority shall punish the officer with direct responsibility and other personnel directly responsible for such in accordance with the law:
(1) failing to send a Notification on Management of Potential Housing Safety Hazards or Notification on Cessation of Use of Dilapidated Houses to the Accountable Person in compliance with applicable requirements, or failing to follow up, supervise, direct and coordinate with the accountable person to take measures to eliminate the hazards in compliance with applicable provisions;
(2) failing to entrust for housing safety assessment or to carry out dynamic monitoring and intensified inspection of houses with potential safety hazards pursuant to relevant provisions;
(3) failing to publicize the information on dilapidated houses and hazard elimination thereof pursuant to applicable provisions;
(4) failing to adopt emergency arrangements or rescue measures pursuant to relevant provisions;
(5) in case of other acts of negligence, abuse of power, or malpractice for personal gain.
Where educational, public security, civil affairs, cultural, radio and television, tourism and sports, market regulation and relevant governmental organs who, knowing that a dilapidated premise is to be used for production or business operation or public welfare undertakings, approves the formalities for relevant certificates, licenses or registration or filing of such dilapidated premise, the competent authority shall impose punishment against the officer with direct responsibility and other personnel directly responsible for such in accordance with the law.
Chapter Seven Supplementary Provisions
Article 52 The definitions of the following terms in these Measures are as follows:
(1) Housing Safety, with respect to a house, shall refer to the safety of the main structure of the house.
(2) House Structure refers to a plane or space system that can withstand the effects formed by connecting foundations, walls, columns, beams and slabs.
(3) Safety Assessment refers to a series of activities such as investigation, inspection, analysis, checking calculation and evaluation of a house, in terms of its safety such as load-bearing capacity and overall stability, and usability such as applicability and durability.
(4) Emergency Assessment refers to, as a way of responding to emergencies when an early warning notice is received, an emergency inspection and assessment carried out on buildings to eliminate potential safety hazards, or an emergency inspection and assessment of the extent of damage to the buildings and their risks after an emergency has occurred for the purpose of elimination of danger.
(5) Dilapidated Housing refers to a house whose structure has been so seriously damaged or whose load-bearing structure has been so dangerous that it may lose structural stability and load-bearing capacity at any time, causing the house no longer be safe for dwelling or any other use.
(6) Building Curtain Wall refers to an outer protective wall of a building, which is composed of glass, stone, metal plate, wood-based plate and other plates and supporting structure system, and that is capable of displacement or deformation in relation to the main structure and does not bear the role of the main structure.
(7) Routine Safety Inspection refers to the regular inspection of the safety conditions of existing building curtain walls.
(8) Periodic Safety Inspection refers to the periodic sampling inspection of the safety conditions of existing building curtain walls.
(9) Special Periodic Safety Inspection refers to the separate periodic sampling inspection of the prestressing force of cable-strut tensioned structure or bonding performance of silicone structure sealant of the existing building curtain walls.
Article 53 These Measures shall into force as of May 1st, 2019.
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