The Regulations on the Administration of Municipal Facilities in Anhui Province was revised according to the decision of the tenth meeting of the Standing Committee of the Tenth People's Congress of Anhui Province on June 26, 2004. The following is the full text of the regulations. Welcome to read the reference!
Chapter I General Provisions
Article 1 In order to strengthen the management of municipal facilities, give full play to the functions of municipal facilities, and promote urban economic and social development and spiritual civilization construction, these Regulations are formulated in accordance with relevant national laws and regulations and combined with the actual situation of this province.
Article 2 These Regulations shall apply to the planning, construction, maintenance, repair and management of municipal facilities within the urban planning area of this province.
Third municipal facilities management should follow the principle of unified planning, supporting construction, coordinated development, construction, maintenance and management.
Article 4 Local people's governments at all levels shall encourage and support scientific and technological research on municipal facilities, popularize advanced technologies and improve the scientific and technological level of municipal facilities management.
Fifth provincial construction administrative departments in charge of the management of municipal facilities in this province.
City, administrative office, county (city) government construction administrative departments in charge of the administrative area of municipal facilities management.
Article 6 Any unit or individual has the right to stop and report acts of destroying municipal facilities. Local governments at all levels shall commend or reward units and individuals that have made remarkable achievements in maintaining municipal facilities.
Chapter II Planning and Construction
Seventh city, county (city) government according to the overall urban planning professional planning of municipal facilities, approved by the government at the next higher level.
The construction administrative department shall, according to the professional planning of municipal facilities, prepare the annual construction plan of municipal facilities, and implement it after approval in accordance with the examination and approval procedures prescribed by the state.
The construction of municipal facilities shall be carried out according to the professional planning and annual construction plan of municipal facilities.
Eighth municipal facilities construction funds can be raised through government investment, domestic and foreign loans, bond issuance and other channels in accordance with the relevant provisions of the state and the province.
Encourage domestic and foreign enterprises, other organizations and individuals to invest in the construction of municipal facilities.
Ninth municipal facilities invested by the government shall be organized by the construction administrative department.
Municipal facilities invested and built by domestic and foreign enterprises, other organizations and individuals shall be organized and implemented by investors or their entrusted units.
The construction of municipal facilities in urban residential areas and development zones should be included in the development and construction plans of residential areas and development zones respectively.
Tenth municipal facilities construction projects shall be examined by the construction administrative department and submitted for approval according to the basic construction procedures. The specific assessment methods shall be formulated by the provincial construction administrative department and implemented after being approved by the government.
Eleventh municipal facilities construction projects to implement the bidding and supervision system.
Twelfth units that undertake the planning, design, construction and supervision of municipal facilities must have the municipal qualification issued by the construction administrative department and undertake corresponding tasks according to the qualification level.
Thirteenth municipal facilities planning, design, construction and supervision, should strictly implement the national and provincial technical standards and norms.
Fourteenth urban water supply, drainage, gas, heat, power supply, communication, fire control and other pipe (pole) lines should be comprehensively coordinated by the construction administrative department and incorporated into the overall urban planning.
Fifteenth municipal facilities construction projects by the local construction administrative departments to organize municipal quality supervision professional institutions with municipal qualifications to carry out quality supervision and evaluate the quality level.
Large-scale municipal facilities construction projects and construction projects that declare national or provincial municipal engineering quality awards shall be organized by the provincial construction administrative department for quality supervision and quality rating.
Sixteenth municipal facilities after the completion of the construction project or the expiration of the trial operation, the construction administrative department shall organize the construction unit to go through the acceptance procedures within 1 month. The municipal facilities construction project with unqualified quality assessment can only be accepted after being repaired, and the repair cost shall be borne by the responsible unit.
Seventeenth municipal facilities without acceptance or unqualified acceptance, shall not be delivered.
The construction unit shall handle the final accounts of the project within one month after the completion and acceptance of the municipal facilities project.
Eighteenth municipal facilities construction project construction period and budget, budget and final accounts must implement national and provincial norms and standards.
Nineteenth municipal facilities construction project quality warranty system, from the date of delivery, the warranty period is 1 year. In case of engineering quality problems during the warranty period, the responsible unit shall be responsible for the warranty.
Chapter III Maintenance and Repair
Twentieth municipal facilities managed by the administrative department in charge of construction shall be maintained by professional units entrusted by the municipal facilities maintenance unit. Other municipal facilities shall be maintained and repaired by the property right unit or the professional unit entrusted by it.
Twenty-first construction administrative departments shall, according to the level, quantity and maintenance quota of municipal facilities, verify the maintenance funds year by year.
The construction administrative department shall supervise and inspect the maintenance quality of municipal facilities.
Twenty-second units that undertake the maintenance of municipal facilities shall strictly implement the standards and technical specifications for the maintenance of municipal facilities formulated by the state and the province, and carry out regular maintenance. If the municipal facilities are lost or damaged, they shall be repaired in time.
Twenty-third municipal facilities maintenance units shall set up obvious signs and safety protection facilities at the construction site to ensure the safety of pedestrians and traffic vehicles.
Twenty-fourth municipal facilities maintenance, maintenance of special vehicles using a unified logo; When carrying out the emergency repair task, it is not limited by the driving route and direction.
Chapter IV Facilities Management
Twenty-fifth without the approval of the construction administrative department and the public security traffic management department, no unit or individual may occupy or dig urban roads.
The newly built, expanded and rebuilt urban roads shall not be excavated within 5 years after delivery and within 3 years after completion of overhaul; Due to special circumstances, the construction administrative department shall review and report to the government at the same level for approval.
Twenty-sixth strictly control the occupation of urban roads as bazaars and motor vehicle parking lots. If it is really necessary to occupy it, it shall be approved by the administrative department of construction of the city or county (city) and reported to the government at the same level for approval; Unauthorized occupation of urban roads as bazaars and motor vehicle parking lots shall be ordered by the construction administrative department to vacate within a time limit and restore the functions of urban roads.
Twenty-seventh approved occupation or excavation of urban roads, urban road occupation fees or urban road excavation and repair fees shall be paid.
The charging standard of urban road occupation fee shall be formulated by the provincial construction administrative department and submitted to the provincial finance and price department for approval; The charging standard of urban road excavation and repair fees shall be formulated by the provincial construction administrative department and reported to the provincial finance and price departments for the record.
Twenty-eighth laying pipelines, billboards and other hanging objects on bridges, roads and street lamps shall be approved by the municipal and county (city) construction administrative departments.
Twenty-ninth construction administrative departments may collect tolls from passing vehicles (except military vehicles) for repaying loans, raising funds or paying bonds, and shall not be used for other purposes.
The scope and duration of fees shall be stipulated by the government.
Thirtieth construction administrative departments shall monitor the quantity and quality of water discharged into urban drainage facilities to ensure the safe operation of urban drainage facilities.
The water quality discharged into urban drainage facilities shall conform to the national "Water Quality Standard for Sewage Discharge into Urban Sewers". Deadline governance that fails to meet the standards.
Thirty-first users of urban drainage facilities shall apply to the construction administrative department for drainage permission in accordance with the regulations.
Thirty-second city, county (city) government should plan to build urban centralized sewage treatment facilities, and collect sewage treatment fees from polluters in accordance with state regulations.
Thirty-third shall not be buried in urban ponds with storage function. If it is necessary to temporarily occupy or excavate urban drainage facilities due to engineering construction or other reasons, it shall be reported to the municipal or county (city) construction administrative department for approval.
Article 34 It is forbidden to build buildings and structures without authorization within the scope of protection of urban flood control facilities, and damage urban flood control facilities.
Due to the needs of construction, the erection of poles, laying pipelines and other acts that affect the functions of urban flood control facilities within the protection scope of urban flood control facilities need to be approved by the administrative department of construction of the city and county (city).
Article 35 No urban lighting facilities may be occupied, dismantled, altered or moved without authorization.
If it is necessary to temporarily occupy or dismantle, refit or relocate urban lighting facilities for special reasons, it shall be approved by the administrative department of construction of the city or county (city) and bear the required expenses.
Thirty-sixth approved occupation (pressure), excavation of municipal facilities, shall comply with the following provisions:
(a) temporary traffic closure, should be approved by the construction administrative department and the public security traffic management department, and make an announcement;
(two) not according to the approved location, area and duration of occupation (pressure) or excavation;
(three) the construction site set up obvious safety signs and protective facilities;
(four) the excavation and repair construction shall be carried out by the professional maintenance unit of municipal facilities, and the site shall be cleaned up in time and accepted by the construction administrative department.
Chapter V Legal Liability
Thirty-seventh in violation of the provisions of Article 12, the first paragraph of Article 25, Article 33, Article 34 and Article 35 of these regulations, the construction administrative department shall order it to stop the design and construction, make corrections within a time limit, and may impose a fine of more than 654.38 million yuan and less than 30,000 yuan; If the circumstances are serious and there is a qualification certificate, the qualification certificate shall be revoked by the issuing authority.
Article 38 Anyone who violates the provisions of Article 28, Paragraph 2 of Article 30 and Article 31 of these regulations shall be ordered by the construction administrative department to stop the illegal act, make corrections within a time limit, and may be fined more than 5,000 yuan/kloc-0,000 yuan.
In violation of the provisions of article thirty-seventh and the preceding paragraph, the person directly responsible and the main person in charge of the unit shall be given administrative sanctions by the superior competent department according to law.
Thirty-ninth violation of the provisions of this Ordinance, occupation (occupation), excavation, demolition, reconstruction, relocation, damage to urban municipal facilities, shall be restored to the original state or compensate for the losses; Whoever steals city municipal facilities shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Fortieth construction administrative departments, municipal facilities maintenance units and their staff who violate the provisions of these regulations and cause personal injury or property losses shall be liable for compensation according to law.
Forty-first construction administrative departments, municipal facilities maintenance units and their staff, one of the following acts, by the unit or the competent department at a higher level to give administrative sanctions to the main person in charge and the person directly responsible; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
Dereliction of duty, fraud;
(2) misappropriating public funds;
(three) ultra vires approval, certification or meet the statutory conditions should be approved, accepted and not handled;
(four) the municipal facilities construction project is entrusted to a unit that does not have the municipal qualification;
(five) in violation of the provisions of the first paragraph of article seventeenth of these regulations.
Forty-second if a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Chapter VI Supplementary Provisions
Article 43 The municipal facilities mentioned in these Regulations include: urban roads, urban drainage facilities, urban flood control facilities and urban lighting facilities.
"Urban roads" refer to roads, bridges, tunnels, public squares, public parking lots, requisitioned construction land, road separation zones and other ancillary facilities with certain technical conditions in the city.
"Urban drainage facilities" refers to pipe networks, ditches (rivers), pumping stations, ponds and sewage treatment facilities that receive and transport urban sewage, wastewater and rainwater.
"Urban flood control facilities" refers to urban flood control dikes, culverts and other buildings on dikes, bank revetments, dikes, spillways and their ancillary facilities.
"Urban lighting facilities" refers to public street lamps, pole lines and their ancillary facilities in urban roads, public green spaces and street parks.
Article 44 Where laws and regulations have special provisions on the planning, construction, maintenance, repair and management of urban flood control facilities, those provisions shall prevail.
Forty-fifth problems in the specific application of these Regulations shall be interpreted by the provincial construction administrative department.
Article 46 These Regulations shall come into force as of1June 1997+1 year1October.
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