The reporter learned from the Housing and Urban-Rural Development Department of Hebei Province that in order to give full play to the warning and education role of typical illegal cases, enhance the awareness of market participants to abide by the law, and effectively maintain the market order of the housing and urban-rural construction industries, the Housing and Urban-Rural Development Department of Hebei Province reported the fifth batch of typical illegal cases in 2022 10, involving various illegal acts such as illegal dismemberment of contracts by real estate enterprises, unauthorized pre-sale of commercial houses, and failure to take effective measures to prevent dust pollution.
1? Tangshan Housing and Urban-Rural Development Bureau investigated and dealt with a case of illegal dismemberment of a development company.
A real estate development company in Tangshan City dismembered its development and construction projects, and its behavior violated the second paragraph of Article 7 of the Regulations on Quality Management of Construction Projects, "The construction unit shall not dismember the construction projects and contract them out". According to Article 55 of the Regulations on Quality Management of Construction Projects, if a construction unit dismembers a construction project in violation of the regulations, it shall be ordered to make corrections and be fined between 0.5% and 0% of the contract price of the project, and Article 73 "If a unit is fined in accordance with the regulations, the directly responsible person in charge and other directly responsible personnel of the unit shall be fined between 5% and 0/0% of the unit fine".
Tangshan Housing and Urban-Rural Development Bureau imposed administrative penalty 4 1280 yuan, and imposed administrative penalty 4 1280 yuan on Zhang, the person in charge, and Chen, the person directly responsible.
2? Changli County Housing and Urban-Rural Development Bureau investigated a construction company.
Unauthorized construction without fire design review, unauthorized use without fire acceptance.
The fire-fighting reconstruction project of a Yang Kang center in Changli County was constructed without fire-fighting design audit and put into use without fire-fighting acceptance, which violated the provisions of Article 12 of People's Republic of China (PRC) Fire Protection Law that "the construction unit and the construction unit shall not carry out special construction projects without fire-fighting design audit or unqualified audit" and Article 13, paragraph 3, "Fire-fighting acceptance shall be carried out according to law". According to the provisions of Item (1) and Item (2) of Paragraph 1 of Article 58 of the Fire Protection Law of People's Republic of China (PRC), in case of any of the following acts in violation of the provisions of this Law, the competent department of housing and urban and rural construction and the fire rescue agency shall, according to their respective functions and powers, order them to stop construction, stop using or stop production and business, and impose a fine of not less than 30,000 yuan but not more than 300,000 yuan:
(a) the construction project that should be subject to fire protection design review according to law, without examination according to law or unqualified examination, without authorization;
(two) the construction project that should be subject to fire inspection according to law has not been put into use without fire inspection or fire inspection is unqualified;
Changli County Housing and Urban-Rural Development Bureau imposed an administrative penalty of 60,000 yuan.
Xingtai City Housing and Urban-Rural Development Bureau investigated the construction hoisting machinery of a machinery leasing company.
Failing to file a case as required
A construction machinery leasing company in Xingtai has an illegal act of not filing the tower crane according to the regulations, which violates the provisions of Item (1) of Article 28 of the Regulations on Safety Supervision and Management of Construction Hoisting Machinery. "In violation of these regulations, users of leasing units or self-purchased construction hoisting machinery have one of the following acts, and the competent construction department of the local people's government at or above the county level shall order them to make corrections within a time limit, give them a warning and impose a fine of more than 5000 yuan 10000 yuan.
Xingtai City Housing and Urban-Rural Development Bureau imposed an administrative penalty of 10000 yuan.
4 Qinhuangdao City Management Comprehensive Administrative Law Enforcement Bureau investigated a construction company.
Failing to take effective measures to prevent dust pollution
During the construction of an office building in Beidaihe, a construction and development company in Hebei Province failed to take effective measures to prevent and control dust pollution, which violated the provisions of the third paragraph of Article 69 of the Law of People's Republic of China (PRC) on the Prevention and Control of Air Pollution. "The construction unit shall set up a hard enclosure at the construction site, and take effective dust prevention and dust reduction measures such as covering, subsection operation, regular construction, sprinkling water to suppress dust, washing the ground and vehicles. Construction earthwork, engineering muck and construction waste shall be removed in time; Site stacking should be covered with a closed dustproof net. Engineering muck and construction waste should be treated as resources ". According to Article 1 15 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC), if the construction unit commits one of the following acts, the competent department of housing and urban construction of the people's government at or above the county level shall order it to make corrections according to its duties and impose a fine of more than 1 10,000 yuan and less than110,000 yuan;
Refuses to correct, shall be ordered to stop rectification:
(a) the construction site is not equipped with a hard enclosure, or effective dust-proof and dust-reduction measures such as covering, subsection operation, timely construction, sprinkling water to suppress dust, washing the ground and vehicles are not taken;
(2) Failing to remove the prescribed earthwork, engineering muck and construction garbage in time, or failing to cover the closed dustproof net;
Qinhuangdao City Management Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of 20,000 yuan.
5 Tangshan City Management Comprehensive Administrative Law Enforcement Bureau investigated and dealt with a greening engineering company
Failing to take effective measures to prevent dust pollution
In the road reconstruction project of a municipal landscaping engineering co., Ltd. in Tangshan, dust-proof measures such as sealing or covering were not taken when lime soil was piled up at the construction site, which violated the provisions of Item (6) of the first paragraph of Article 1 1 of the Measures for the Prevention and Control of Dust Pollution in Hebei Province. The following dust-proof requirements shall be met: (6) Dust-proof measures such as sealing or covering shall be taken when stacking powdery and granular building materials such as cement, lime soil, sand and gravel, and building earthwork on the construction site, and dust-proof measures shall be taken when loading and unloading.
According to Article 40 of the Measures for the Prevention and Control of Dust Pollution in Hebei Province, if construction, material stacking, dock operation, mining and processing of mineral resources fail to take effective measures for the prevention and control of dust pollution according to law, the supervision and management department shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan; If the circumstances are serious, a fine of more than 30,000 yuan10,000 yuan shall be imposed; Those who refuse to make corrections shall be ordered to suspend production for rectification. "
Tangshan City Management Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of 10000 yuan.
6 Cangzhou Bohai New Area City Administration investigated and dealt with a construction company.
Failing to take effective measures to prevent dust pollution
A construction company built a soybean processing and vegetable oil refining workshop in Bohai New District, Cangzhou, but part of the exposed soil was not covered, and the ground was not clean and dust suppression was not in place, which violated the provisions of the third paragraph of Article 69 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC). "The construction unit shall set up a hard enclosure at the construction site, and take effective dust prevention and dust reduction measures such as covering, subsection operation, timely construction, sprinkling water to suppress dust, washing the ground and vehicles. Construction earthwork, engineering muck and construction waste shall be removed in time; Site stacking should be covered with a closed dustproof net. Engineering muck and construction waste should be treated as resources ". According to Article 1 15 of the Law on the Prevention and Control of Air Pollution in People's Republic of China (PRC), if the construction unit commits one of the following acts, the competent department of housing and urban construction of the people's government at or above the county level shall order it to make corrections according to its duties and impose a fine of more than 1 10,000 yuan and less than110,000 yuan; Refuses to correct, shall be ordered to stop rectification:
(a) the construction site is not equipped with a hard enclosure, or effective dust-proof and dust-reduction measures such as covering, subsection operation, timely construction, sprinkling water to suppress dust, washing the ground and vehicles are not taken;
(2) Failing to remove the prescribed earthwork, engineering muck and construction garbage in time, or failing to cover the closed dustproof net;
Cangzhou Bohai New Area Urban Management Bureau imposed an administrative penalty of 20,000 yuan.
7 Baoding City Management Comprehensive Administrative Law Enforcement Bureau Inspection Office
Case of unauthorized occupation and excavation of urban roads by a greening engineering company
In the process of construction in front of a residential area on Tianwei West Road in Baoding City, a landscaping engineering company in Hebei Province occupied and excavated urban roads without authorization, which violated the first paragraph of Article 27 of the Regulations on Urban Road Management. "The following acts are prohibited within the scope of urban roads:
(a) unauthorized occupation or excavation of urban roads ". According to Item (6) of Article 42 of the Regulations on Urban Road Management, in violation of the provisions of Article 27 of this Ordinance, if one of the following acts occurs, the municipal engineering administrative department or other relevant departments shall order it to make corrections within a time limit and may impose a fine of less than 20,000 yuan; If losses are caused, it shall be liable for compensation according to law:
(6) Failing to occupy or dig urban roads in accordance with the approved location, area and time limit, or needing to move the location, expand the area and extend the time, and failing to go through the formalities for examination and approval of changes in advance;
Baoding City Management Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of 14000 yuan.
8 Zhangjiakou City Management Comprehensive Administrative Law Enforcement Bureau to investigate and deal with
A real estate development company presales commercial housing without authorization.
A residential building project developed and built by a real estate development company in Zhangjiakou City presales commercial housing without obtaining the pre-sale permit, which violates the provisions of Item (4) of Article 22 of the Regulations on the Management of Urban Real Estate Development and Operation. "Real estate development enterprises shall meet the following conditions for the pre-sale of commercial housing:
(4) Having gone through the pre-sale registration and obtained the pre-sale permit for commercial housing. According to Article 36 of the Regulations on the Management of Urban Real Estate Development and Operation, those who violate the provisions of these regulations and sell commercial houses without authorization shall be ordered by the real estate development department of the people's government at or above the county level to stop the illegal behavior, confiscate the illegal income and may be fined less than the advance payment received 1%;
Zhangjiakou City Management Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of 13780.4 yuan.
9 Xinhua District, Shijiazhuang City Management Comprehensive Administrative Law Enforcement Bureau to investigate and deal with.
A case of a person engaged in the transportation of construction waste.
The heavy-duty dump truck owned by Zhemoumou in Lingshou County, Shijiazhuang City engaged in personal transportation of construction waste in the auxiliary road of connecting line of Zhangshi expressway, Zhonghua Street, Xinhua District, Shijiazhuang City, and its behavior violated Article 44 of the Regulations of Shijiazhuang City Appearance and Environmental Sanitation Management. "For transport units or individuals that illegally transport construction waste, the urban management department may detain the vehicles used by the parties to transport construction waste and ask them to go to the designated place for treatment. For transport units with serious circumstances, the urban management department shall inform the administrative examination and approval department and prohibit them from going through the formalities for examination and approval of construction waste within two years. Individuals engaged in construction waste transportation shall be ordered to stop illegal acts and may be fined between 5,000 yuan and 30,000 yuan ";
Shijiazhuang Xinhua District Urban Management Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of 10000 yuan.
10 Pingxiang County Urban Management Comprehensive Administrative Law Enforcement Bureau investigated a real estate company.
Sending advertisements to vehicles without consent.
A branch of a real estate agency in Shijiazhuang, Pingxiang County sent an advertisement to the vehicle without permission, which violated the first paragraph of Article 43 of the Advertising Law of People's Republic of China (PRC). "No unit or individual may send advertisements to their houses and vehicles. Without the consent or request of the parties, advertisements shall not be sent to them by electronic information. "
According to the first paragraph of Article 63 of the Advertising Law of People's Republic of China (PRC), if an advertisement is published in violation of the provisions of Article 43 of this Law, the relevant department shall order it to stop the illegal act and impose a fine of not less than 5,000 yuan but not more than 30,000 yuan on the advertiser.
The Pingxiang County Urban Management Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of 10000 yuan.