administrative measures of Beijing housing constructional using safety 
       Beijing Municipal Order No. 229

      "administrative measures of Beijing housing constructional using safety"Has been passed in 82 Municipal People's Government executive meeting on 4 January 2011, which is promulgated now, shall come into force on May 1, 2011

 Mayor guojinlong
        January 26, 2011

Article 1 .in order to enforce the administration of housing constructional using safety ,protect living and using safety , the measures were laid out.
Article 2. The using safety management of all kinds of construction built according to law or registered construction and accessary constructions and supporting facilities in the municipal administrative area are suit for the regulation.Other laws and regulations on using safety of supporting facilities and equipment ,if provided, shall be applied
Article3 Municipal and County Commission of Housing and Urban-Rural Development administrative departments are responsible for surpervising and administrating using safety of housing construction .Planning bureau , qualitative and technical supervision bureau,urban aesthetics management bureau , sanitation bureau, meteorology bureau, rural working center, people's air defense, work safety center and public safety departments shall supervise and manage safety-relevant housing construction in accordance with their respective duties.
Article 4.the proprietor of the building shall undertake the responsibility of  of housing constructional using safety .proprietors of housing construction shall self-manage the useing safety ,shall also commission the property service enterprise and other units, personal management, the trustee shall undertake responsibilities in accordance with the regulations and contractual commitments of housing construction using safety management .self-management units and entrusted property service enterprise shall be equipped with housing construction safety manager. safety administrators should have professional knowledge of housing construction and safety management facility
Article5.the user of Buildings shall use housing construction safely ,inforimng the safety problem to the proprietor and the safety trustee in time. carry out the following activities corporately,such as inspection of housing maintenance, safety assessment, , anti-seismic evaluation,safety problem governing.
Article 6.when deliver housing construction, the construction unit shall submit a quality guarantee, instructions, indicating performance index of housing construction, requirements when use and maintain it. And housing construction units shall undertake warranty responsibility according to contractual commitments and regulations.Survey, design, construction and supervision unit shall undertake the relevant quality and safety responsibilities.
Article7.Housing constructional proprietor or custodian shall inspect and maintain the construction , discover problem that endanger housing constructional safety , shall promptly report to Municipal Commission of Housing and Urban-Rural Development, and keep the right to prevent behavior of endangering the housing construction.Self-management units and entrusted property service enterprises shall establish file of housing constructional using safety in accordance with the regulations of Municipal Commission of Housing and Urban-Rural Development
Article 8.the following behaviour is fobidden.
1.Unauthorized changes in housing construction and load-bearing structure of the main body.
2.illegal storage of explosive, poisonous, radioactive, corrosive and other hazardous materials;
3.Using the building exceed the design working load of house building
4.damage, misappropriation or unauthorized removal and stop using fire control facilities and devices;;
5.occupy, block,close evacuation passageway and emergency exit of housing construction and other impeding safe evacuation behavior;
6.Set obstacle on the doors and windows of the crowded places .
7.damage or arbitrarily refit water supply, drainage, electricity supply, gas   supply, heat supply, lightning protection equipment, elevators and other facilities and equipment;
8.other violated act of laws, regulations, and rules
Article 9.  Differentiate housing constructional main body of Proprietorial right and the shared parts of load-bearing structure belonging to housing construction, if the decoration activities need to change the main body and the load-bearing structure of the building, shall be subject to all proprietors' codetermination , after the entrusted design unit issue qualified design, decoration design enterprises shall construct the construction according to designed scheme.
Article 10. according to the type of housing construction, design working life, using time, etc.,the proprietor of housing construction should commission the Housing  safety assessment department to regularly evaluate safety assessment of housing construction in accordance with the regulation . Construction units, design units shall  informed regularly according to regulation.
Article 11.  one of the following circumstances of Buildings,, the building proprietor shall entrust housing safety assessment department conduct safety assessment:
1.cracking and deformation of structural damage;
2.appears uneven foundation sedimentation;
3. structural damage due to natural disasters or accidents 
4.　failing to change the subject and the load-bearing structure of the building according to regulation;
5.Changes of structural reform or using may affect the use of housing construction safety;
6.adjacent to a building which is under construction may affect the safe use of housing construction
7.safety assessment found that housing construction exist safety risks ,need safety identification.
article8.other identification for safety according to law.The relevant administrative departments shall entrust housing safety assessment department to identify housing safety according to the public interest,
Article 12. housing construction has the following cases ,proprietor of housing construction should commission the relevant department to identify anti-seismic evaluation:
1. reach designed using years need to continue using;
2.fails to take anti-seismic measures or seismic fortification shall not meet current seismic category, intensity;
3. Changing structure or usage of construction may affect the seismic performance
4.other seismic identification should be conducted according to law.Anti-seismic evaluation report was based on test data issued by inspection of housing construction status , shall be certified by a legal measurement units..
Article 13. when housing construction safety assessment department undertake safety assessment activities , housing safety assessment department should put on records to Municipal Commission of Housing and Urban-Rural Development, and submit the following materials:
1.relevant identification documents that housing construction safety assessment department issues, qualificated certification that quality inspection department issues or identification documents of have the ability to check engineering construction
2.calibrated apparatus, equipment list
certificate of construction, identification director shall obtain intermediate technical certificate of construction  　
4.management system and quality control measures
Any contents changed, the house safety assessment departmemt should apply for changing the record within 30 days  .
Article 14.house safety assessment department conduct the housing construction safety assessment, safety Identification ,should be identified by two or more persons , and in accordance with state and city regulations and relevant technical standards to assess and identify,providing housing construction safety assessment, safety assessment reports to principal timely, accurate and true ,submitting to theMunicipal Commission of Housing and Urban-Rural Development in the meanwhile. Identified as dilapidated building, housing safety assessment department should report it to the principal in writing within 24 hours after make identification conclusions , also report to Municipal Commission of Housing and Urban-Rural Development　　
Article 15. housing construction safety assessment report shall be signed by identification director ,technical director,department director. Identification department of housing safety and relevant directors shall bear legal liability of the issued report .Housing construction safety assessment report covers the calculation of structural system, shall have calculations issued by a registered structural engineer.   if refers to structural entity detection, shall provide the test data certified by the relevant measurement unit .The city adopt a unified text of housing construction safety assessment  report,which is issued by Municipal Commission of Housing and Urban-Rural Development and and free of charge.
Article 16. housing safety assessment department shall not issue a false safety assessment , safety identification report.Any unit or individual shall not interfere with the regular safety assessment, safety identification activities, shall not forge or alter safety assessment, safety identification report.
Article 17.  the housing construction principal and interested parties disagrees with the conclusion of the safety assessment shall apply for housing safety re-assessment to the municipal housing safety assessment management department ,which will re-appraise the construction.
Article 18.housing construction proprietor should renovate ,demolish and take other control measures to relieve the risk and bear the corresponding refiting costs,the behavior should be based on treatment advice of identification report .　　
Article 19. identified as dilapidated building should use or stop to use according to treatment advice of identification report.
1.1.identified observing while using, use it according to observing using time of identification report;:
2.Identified using after treatment , users should move out dangerous parts in accordance with the requirements of restricted use of assessment report ,the building proprietor should entrust the original design unit or units of the corresponding level of qualification issuing the design technical measures of relievig the dangerous , and use it in accordance with the using life of the construction which is determined by the design unit
3.identified as discontinued, removed the whole, users should stop using immediately and move out.Users who refuse to move out in accordance with the preceding paragraph, tMunicipal Commission of Housing and Urban-Rural Development shall order the user to move out in writing form,the situation is emergent and endanger public safety, county people's government should instructe the relevant departments to force them to move out compelly, and make appropriate arrangements.
Article 20.  the dangerous construction the users move out is their only living space ,proprietor shall apply for a temporary shelters housing from county people's government . After the refitment of dilapidated building , user shall move out of temporary shelters housing.
Article 21. users who have difficulty in collecting money for refiting their dilapidated building , or have difficulty in paying temporary shelters house's rent  during dilapidated building refitment period,shall apply for subsidy,specific subsidy solution shall be drawn by county's people government.
Article 22.  emergency rescue on housing constructions should in accordance with state and city relevant emergency provision to refit the dilapidated building , the relevant administrative department shall timely exam and approve procedures; the housing need urgent refiting, shall refit first.
Article 23.Municipal Commission of Housing and Urban-Rural Development and relevant department should establish housing construction using safe information and sharing the information in communications system ,achieve comprehensive  achieve safety comprehensive administration to the useing of construction .
Municipal Commission of Housing and Urban-Rural Development shall establish the record of housing safety assessment department credit information management system and promulgate the filing and supervision and management  information.
Article 24.Municipal Commission of Housing and Urban-Rural Development establish housing construction safety information files, record relevant information about housing construction safety . If the following situations appears ,should be promptly recorded and promulgated:
1. changes in the main building and the load-bearing structure;
2.should be safety identified ,but doesn't
3.identified as dilapidated building, but doesn't refit
 Housing registered department in the process of registration shall inform the transferee using safety information file of the house when deal with transfer registration of housing construction .
Article 25.Housing construction proprietor fails to undertake safety identification, anti-seismic evaluation according to regulations, or housing construction was identified to be hazardous but did not timely governed,Municipal Commission of Housing and Urban-Rural Development, planning and other administrative departments shall, in accordance with their duties to urge the proprietors to fulfill responsibilities timely; if refusing to fulfill responsibilities , administrative departments shall designate relevant unit on behalf of the proprietor to perform, the cost undertaken by the proprietor.
Article 26.Schools, kindergartens, hospitals, stadiums, shopping malls, libraries, public entertainment venue, hotels, restaurants, and passenger station waiting rooms , airport waiting room and other crowded public buildings, should be conducted a safety assessment every 5 years,; reaching the design using years but still continue to use, should undertake the safety assessment every 2 years .
Municipal Commission of Housing and Urban-Rural Development shall, jointly with relevant industry authorities regularly carry out intensive inspections of public buildings, who failing to conduct a safety assessment, safety identification, anti-seismic evaluation or fails to perform the treatment recommendations timely, proprietorship should be urged to fulfill responsibility timely , if the proprietor refuse to fulfill responsibilities, law enforcement department shall designate a relevant units to perform , the cost undertaken by the proprietor
Article 27.Administration department provide relevant license ,in accordance with the law shall examine the business place, should verify relevant situation of housing construction .if setting dilapidated building as a business place, shall not provide the relevant licenses.
Article 28.Violating article 4 ( 3), self-management units or entrusted property services enterprise is not equipped with safety administrator, Municipal Commission of Housing and Urban-Rural Development shall order them rectify  within a definite time ;who refuse to rectify, fine from 1 million yuan to 3 million yuan
Article 29.Violate article 7 of the article, fails to establish housing construction using safety file and accurately recorded , Municipal Commission of Housing and Urban-Rural Development shall order rectify within a definite time ; fine from 1 million yuan to 3 million yuan
Article 30.Violate Article 8 (3)of the provisions , useing the housing construction exceed the design load ,Municipal Commission of Housing and Urban-Rural Development shall order to rectify within a defined time ; who refuse to correct,fine from 1 million yuan to 3 million yuan
Article 31.Violate Article 14, Article 15, Article 16 of the provisions ,housing identification safety department have the following acts, Municipal Commission of Housing and Urban-Rural Developmen shall order to correct . Including the behaviour in housing credit information safety management system, fine from 5 million yuan to 10 million yuan:
1.Providing false identification report
2.Serious errors in identified Conclusion
3. Not notifying conclusions of dilapidated building assessment to the principal timely , causing the responsible persons fail to perform responsibility timely.
Article 32.Violating article 26 of the provisions , crowded public building proprietor fails to conduct a safety assessment, safety identification, anti-seismic evaluation  or fails to refit according to treatment recommend, Municipal Commission of Housing and Urban-Rural Development shall order them to refit within the defined time; who refuse to refit, fine 10 million yuan .
 The crowded public buildings identified as dilapidated building, manufacture and business units use it as a business place, the company do not have the situations of safe manufacture, supervision department which bears responsibility of manageing and producing safely should be in accordance with the "Beijing Safety Regulations" provisions, shall order them to refit, if they fails to do, suspend ingbusiness for rectification, the suspending business still not meet the safety situations, be closed down
Article 33.Obstruct state staff to perform their duty of  housing construction using safe supervision, violating "  Administrative Penalties for PRC Public safety   ", the public safety organ shall give public safety penalties; constitute a crime, shall bear criminal responsibility.
Article 34.Buildings proprietors whereabouts are unknown or proprietorship is unclear ,
the provision declare that the responsibility of housing construction should undertaken by actual occupied person.
Article 35.Using safety management of villagers'self-built housing is formulated by the county people's government, shall formulate specific measures of these Measures according to the provisions.Municipal Commission of Housing and Urban-Rural Development, planning department, rural working center and other administrative departments which is responsible for guiding the supervision and management of rural villagers 'self-built housing .
Article 36.The Measures shall come into force on May 1, 2011.on January 5, 1991. the Beijing Municipal People's Government approve and Beijing Real Estate bureau released the "Beijing implement" Regulations of Urban dilapidated building > several provisions "whose original version on March 9, 1991, then modified according to Beijing Municipal Government Decree No. 150 on June 1, 2004,which shall be repealed simultaneously.