"Heilongjiang Province Urban Heating Regulations"
Release date: 2016-03-21
(Adopted at the 26th meeting of the Standing Committee of the Eleventh People's Congress of Heilongjiang Province on August 12, 2011; (Amendment of the "Regulations on the Management of the Cultural Market of Heilongjiang Province" and other 50 local regulations "(revision)
Chapter I General Provisions
The first is to strengthen the management of urban heat supply, ensure safe and stable heating, standardize heating and heating behavior, improve people's livelihood, save energy, and safeguard the legitimate rights and interests of heat users, heating units and heat source units. According to relevant national laws and regulations, combine Actually, this province has formulated these regulations.
Article 2. Units, individuals and heat users engaged in heat supply planning, construction, operation and management in urban planning areas of the province and other areas subject to urbanization management shall abide by these regulations.
Article 3 Urban heating (hereinafter referred to as heating) referred to in these regulations refers to the provision of production and living for heat users through the network of steam and hot water generated by heat sources in urban planning areas and other areas subject to urbanization management. Use hot behavior.
The heat source unit referred to in these regulations refers to a unit that provides heat energy to a heating unit.
The heating unit referred to in these Regulations refers to a unit that obtains a heating permit and uses heat energy provided by a heat source unit or produces heat on its own to engage in heating operations.
The thermal users (hereinafter referred to as users) in these regulations refer to units and individuals that consume heat energy from heating units.
Article 4 Winter heating is the basic living needs of urban residents in this province, and the heating industry is a basic public utility that directly affects the public interest. The term “heat” in this Regulation is a non-selectable public service special product.
Heating is guided by the government, introducing a competition mechanism to encourage foreign-funded enterprises, private enterprises and individuals to invest and participate in operations.
The municipal and county people's governments shall give priority to the development of centralized heating methods such as combined heat and power generation and regional boilers, formulate plans to eliminate decentralized boiler heating, and increase the proportion of centralized heating year by year in accordance with the special urban heating planning.
Article 5 The provincial construction administrative department is responsible for the heat supply management of the province and organizes the implementation of these regulations.
The municipal (prefecture, same below) and county (city, district, same below) heating department is responsible for the heating management work in this administrative area.
The Provincial General Bureau of Agricultural Reclamation and the Provincial Forest Industry General Administration are responsible for the heat management of the reclamation area and key state-owned forest areas, and are subject to the supervision and guidance of the provincial construction administrative department in business.
Relevant departments such as finance, price supervision, quality and technical supervision, and electric power administration and management work together to do a good job in heating management within their respective responsibilities.
Article 6 People's governments at all levels shall promote scientific, advanced, energy-saving and environmentally-friendly methods of heat supply and use in accordance with building energy-saving technologies and design specifications. Strengthen the management and supervision of the heating industry, improve the scientific management level of heating, and ensure the quality of heating.
Chapter II Heating Planning and Construction
Article 7 The municipal and county people's governments shall organize the heat supply authorities and relevant departments to prepare special heat supply plans. The special heating supply plan is included in the overall city plan after being reviewed by the provincial construction administrative department, and is implemented by the municipal and county heating supply department.
The preparation of a special heating supply plan should follow the principles of overall planning, reasonable layout, combination of distance and near-term, and implementation in phases, with a focus on the development of centralized heating.
The special heat supply planning shall include the plan of gradually canceling the heating supply of the decentralized boilers and the final elimination of the heating period of the decentralized boilers.
Article 8 No unit or individual may change the special heating supply planning without authorization. If it is really necessary to change, it shall go through the approval formalities in accordance with Article 7 (1) of these regulations.
Article 9 The competent heating supply department shall make overall arrangements for the construction of heat sources and the layout of the pipe network in accordance with the special heating supply planning.
Before applying for a construction project planning permit, the construction unit shall apply to the heat supply authority. The heat supply authority shall determine the heat supply plan according to the heat supply special plan, and the construction unit shall carry out the construction in accordance with the heat supply plan. After the project is completed, the heating unit shall be organized to participate in the special acceptance. Those who have not undergone acceptance or failed acceptance shall not be put into use.
Before the heat source construction unit is included in the annual construction investment plan, it shall obtain a technical demonstration report issued by the corresponding heat supply authority. The heat source projects above 500,000 square meters (including 500,000 square meters) shall be approved by the provincial construction authority; the heat source projects below 500,000 square meters shall be issued by the municipal and county heat supply authorities.
The municipal (prefecture) heating authority may entrust the district heating authority to accept the heat application and determine the heating plan.
Article 10 Newly-built buildings shall be installed with heating metering devices and room temperature control devices. For existing building heating systems, the municipal and county people's governments should simultaneously install heating metering devices and room temperature control devices during the building's energy-saving renovation.
The heating unit is responsible for the selection, purchase, and installation of the heating metering device and room temperature control device, and the cost is borne by the construction unit; neither the construction unit nor other units may purchase and install the heating metering device and room temperature control device by themselves; Construction units or other units that purchase or install heating metering devices and room temperature control devices on their own shall not be approved for use.
The heating metering device can only be installed and used after passing the certification of the legal metrological verification agency. During the warranty period, the heating device is repaired and replaced by the manufacturer; after the warranty period, the heating unit is responsible for the repair and replacement.
Specific measures for the selection, installation, use and maintenance of heating metering devices and room temperature control devices shall be formulated by the provincial construction administrative department.
Article 11 Newly constructed, expanded, or rebuilt heat supply projects shall conform to the special heat supply plan and be approved by the local heat supply authority.
The design and construction of heat supply projects shall be undertaken by professional units with corresponding qualifications, and the relevant national and provincial technical standards and technical specifications shall be implemented.
Article 12 Within the scope of the combined heat and power central heating pipe network that has been completed and planned, no new or expanded self-provided thermal power plant or permanent boiler may be approved.
District boiler heating should be implemented for newly-built houses and old city reconstruction outside the combined heat and power supply area; if the heating unit has the ability to provide heat sources within the area of the district boiler heating pipe network laying, no new decentralized boiler heating project can be approved .
The municipal and county people's governments shall formulate plans for the decentralized boilers already in the scope of the first and second paragraphs of this Article to be dismantled or retrofitted and integrated into the central heating pipe network.
No unit or individual may dismantle, relocate, rebuild or sell heat source facilities without authorization. If it is really necessary to dismantle, relocate, rebuild, or sell the heat source facilities, it shall report to the local heat supply authority in advance, and provide alternative heat source facilities to protect the user's right to heat.
Article 13 The municipal and county people's governments shall increase capital investment for the reconstruction of urban old heating pipes, and coordinate the reconstruction of urban old heating pipes with the planning and construction of urban public facilities. Specific input standards and methods are formulated by the local people's government.
Article 14 If a new heating area is added to a newly-built, expanded, or rebuilt building, the construction unit shall pay the supporting costs for the heating infrastructure.
Article 15 If the original decentralized boiler is merged into the centralized heating pipeline network, it shall not be charged to the residential users for supporting facilities for heating infrastructure; units such as the army, schools, large enterprise factories, etc. that use regional boilers for heating apply for integration For heating network, the supporting infrastructure heating fee can be appropriately reduced or exempted. Specific measures are formulated by the municipal and county people's governments.
Article 16 The standard for the supporting costs of heating infrastructure shall be proposed by the municipal and county price supervision departments and the financial department together with the heating supply department and submitted to the provincial price supervision department and the provincial finance department for approval.
The heating infrastructure supporting fee is a special component of the urban infrastructure supporting fee, which should be collected by the local people's government in accordance with law and used exclusively for heating project construction.
Chapter III Entry and Exit of Heating Market
Article 17 A license system is implemented for heating operation. Heating units are not allowed to operate heating without obtaining the Heating Supply License issued by the competent heating department.
The "heating permit" is valid for three years.
Article 18 The "Heat Supply License" shall be classified and reviewed. If the heating area reaches 1 million square meters or more, the provincial construction administrative department shall be responsible for review and distribution; if the heating area is less than 1 million square meters, the municipal and county heating department shall be responsible for review and distribution.
The specific measures for the review and issuance of the "Heat Supply Permit" shall be formulated by the provincial construction administrative department.
A heating unit that has obtained the Heating Supply License issued by the provincial administrative department of construction shall register with the municipal and county heating department. The municipal and county heat supply authorities shall regularly report the relevant information of the local heat supply units to the provincial construction administrative department.
The "heating permit" is uniformly produced by the provincial construction administrative department.
Article 19 Basic conditions for applying for "heating permit":
(1) Qualified as a legal person;
(2) Having the approval procedures and entrusted management procedures for the construction of the heat source and heating facilities and equipment provided by the construction unit or the property right unit;
(3) Heating technical personnel and safety management personnel with corresponding professional qualifications;
(4) having funds appropriate to its business scale;
(5) There is no record of stopping heating or abandoning pipes without authorization;
(6) Other conditions required by laws and regulations.
Article 20 A heating unit with the qualification of an independent legal person shall independently apply for a "heating permit" on its own scale.
For a heating unit that is newly established or changed its legal representative to apply for a Heating Supply License, its legal representative or shareholder shall not be the legal representative or shareholder of the heating unit that has been recorded in the abandoned management record.
Article 21 Heating units shall perform the following obligations:
(1) Complying with relevant national and provincial regulations and special local heating planning, operating in accordance with the law, self-financing, and bearing corresponding operating risks and legal responsibilities;
(2) scientifically and reasonably formulating annual production and supply plans for heating units;
(3) Organize production safety in accordance with national production safety regulations and industry safety production standards and specifications;
(4) Providing qualified products and services to users;
(5) Accepting the supervision and inspection of the heating supply department on the quality of heating products and services;
(6) Paying relevant taxes and fees according to law;
(7) Management, maintenance and repair of heating facilities in accordance with the provisions of these regulations to ensure the integrity and safety of the facilities;
(8) Other obligations stipulated by the local people's government according to law.
Article 22 The competent heating supply department shall perform the following duties:
(1) Supervise the heating unit to fulfill its legal obligations and agreed obligations;
(2) Supervising the implementation of the business unit's business plan, the quality of products and services, and the status of production safety;
(3) Accepting complaints from users against heating units;
(4) In the event of emergencies that endanger or may endanger public interests and public safety, organize qualified heating units to temporarily take over heating operation projects;
(5) Establishing integrity assessment files for heating units, conducting inspections and spot checks on heating units, recording the results of the assessment, and making public to the society before the start of the annual heating period.
Article 23 If a heating unit intends to stop heating, it shall apply to the local heating authority for withdrawal from the heating market 120 days before the heating period begins, and the heating operation shall be stopped only with the consent of the local people's government. The local heating authority should make a decision on whether to approve it within 30 days. If no decision is made within the time limit, it shall be deemed as consent.
Article 24 If a heating unit has any of the following circumstances, the competent department shall order correction; if it fails to make corrections within the time limit, its Heat Supply Permit shall be revoked according to law:
(1) arbitrarily transferring or renting a heating operation project;
(2) Selling the main heating facilities in operation without authorization;
(3) Suspension, suspension or abandonment without authorization;
(4) arbitrarily postponing heating, stopping heating in advance, or stopping heating halfway through the heating area;
(5) Unauthorized transfer, transfer, or take over of heating facilities and areas;
(6) Failure to fulfill the obligations of maintenance, repair and renovation of heating facilities;
(7) The environmental protection examination and approval procedures are incomplete or the heating facilities fail to meet environmental protection standards;
(8) The boiler does not meet the energy-saving or safety technical standards or continues to be used beyond the scrap period;
(9) The heating quality does not meet the standards set by these regulations;
(10) Failure to pay the heating quality guarantee deposit in accordance with regulations;
(11) The "Heat Supply License" has not passed or failed the annual inspection;
(12) Other acts required by laws and regulations to stop operating activities.
The local people's government shall organize other heating units to temporarily take over those who suspend business, go out of business, abandon the pipe without authorization, and whose heating permit is revoked according to law. If the heating unit suspends business, goes out of business, or abandons the pipe without authorization, causing losses to others, it shall pay compensation. The assets of the abandoned heating unit shall be disposed of by the local people's government according to law.
Chapter 4 Heating and Consumption
Article 25 A heat supply contract (hereinafter referred to as a contract) shall be signed between the heat source unit and the heating unit, and between the heating unit and the user before the heating period.
The contract text shall use the text jointly issued by the provincial construction administrative department and the provincial industrial and commercial administrative department.
The contract is the statutory basis for the heating and heating parties to collect heating fees and complaints for safeguarding their rights. No unit or individual may refuse to sign at will. If one of the parties to the supply and use of heat fails to perform its obligations, the other party may apply to the arbitration agency for arbitration in accordance with the contract or directly bring a lawsuit to the people's court.
If no written contract is signed and the heating unit has provided heating to the user for one or more heating periods, it shall be deemed that there is a factual contractual relationship between the user and the heating unit.
If the user changes its name, the heating fee shall be settled with the heating unit before going through the user name change procedure.
Article 26 The heat supply unit shall construct and manage the heat supply facilities outside the heat source factory area to the residential district or the single building land planning red line. The heating facilities within the red line of residential quarters or single building land shall be constructed by the construction unit.
The heating facilities of heat source units and heating units must not be overloaded.
Article 27 The electric power administrative department shall formulate the electric power production and supply plan of a thermal power plant in accordance with the principle of heat-fixed electricity and meeting the heat load as the main goal, and shall not restrict the external heat supply of the thermal power plant based on the electricity quantity index.
Article 28 If the heating facility fails and cannot supply heat normally, and it is necessary to stop heating for more than 8 hours, the heat source unit and the heating unit shall notify the user in a timely manner, and immediately organize emergency repairs to resume heating, and report to the local heating authority .
If the heating unit fails to meet the standards stipulated in these regulations for more than 48 hours when the heating is stopped, the user shall be refunded twice the daily heating fee.
Article 29 In the case of intermittent heating using a decentralized boiler, the daily heating operation time of the boiler shall not be less than 16 hours.
Article 30 The municipal and county people's governments shall stipulate the start and end time of annual heating for local residents, and may require the heating unit to supply heat in advance or extend the heating time according to meteorological conditions, and shall give appropriate compensation to the heating unit.
Without the approval of the municipal or county people's government, heating units may not postpone heating or stop heating in advance.
The heating unit shall directly supply heat to the end user, shall not intercept, resell or resell the heat energy; shall not reduce the heating temperature on the grounds of energy saving, emission reduction, long-term low temperature supply, etc.
Article 31 The heating unit shall establish a regular sampling temperature measurement system for the indoor temperature of users, and the temperature measurement records shall be signed by the users.
Article 32 During the heating period, the heating unit shall ensure that the temperature of the residents' bedrooms, living rooms (living rooms) is not lower than 18 ° C throughout the day, and other parts shall meet the design code standards. The people's governments of cities and counties may formulate temperature standards higher than 18 ° C according to local conditions.
When detecting the indoor temperature of a resident, the height of a point 1.4 meters from the ground at a half of the depth of the door of the resident bedroom, living room (lobby) should be used as the detection point.
The indoor temperature of non-resident users and its detection method shall be agreed in the contract between the heating and supplying parties.
Article 33 Establish a heating quality guarantee system. The heating unit shall deposit the heating quality guarantee deposit with the bank designated by the local heating authority in accordance with the following standards before the heating period:
(1) If the actual heating area is less than 500,000 square meters, the heating quality guarantee deposit shall be 3% of the total heat receivable;
(2) If the actual heating area reaches 500,000 square meters and less than 1 million square meters, the heating quality guarantee deposit is 2% of the total receivable heating fee;
(3) If the actual heating area reaches 1 million square meters and less than 5 million square meters, the heating quality guarantee deposit is 1% of the total receivable heating fee;
(4) If the actual heating area reaches 5 million square meters, the heating quality guarantee deposit shall be 0.5% of the total heat receivable.
The heating quality guarantee deposit is stored in a special account, and the special fund is used exclusively. It is supervised and used by the local heating authority. The savings income is owned by the heating unit.
After the heating quality deposit is withheld, the heating unit shall make up within 30 days.
Article 34 If one of the following situations arises due to the responsibility of the heating unit, the heating authority may deduct it from the heating quality guarantee deposit and pay it directly to the user:
(1) If the heating is stopped for more than 48 hours, the user will not be refunded;
(2) if the temperature does not reach the standard and the user is not refunded;
(3) Abandoning the burning or the pipe;
(4) arbitrarily transferring or renting a heating operation project;
(5) Delaying heating, stopping heating in advance, or stopping heating halfway in a heating area without authorization;
(6) Handing over and taking over heating facilities and areas without authorization.
Article 35 If a user who implements heating by individual households applies to stop heating, he shall apply to the heating unit 30 days before the beginning of this heating period. The heating unit shall form a written reply within 10 days after receiving the application. For those who do not agree to stop heating, the reasons shall be explained.
Users who stop using heat shall pay the heating unit the basic fee for operating the heating facility. The standard for collecting basic fee for heating facility operation shall be determined by the municipal and county people's governments.
Under any of the following circumstances, no application for stopping heat use shall be made:
(1) Non-household heating users;
(2) The new building is within the warranty period of the heating facility;
(3) Others that may endanger the thermal safety of adjacent users and the safe operation of indoor public facilities.
Article 36 If the indoor temperature of a resident user is lower than the minimum temperature stipulated in these regulations or the temperature agreed in the contract, the user may notify the heating unit. The heating unit shall perform on-site temperature measurement within 10 hours from the time of being informed. If the two parties have no objection to the substandard temperature, the time and result of the temperature measurement shall be jointly signed and confirmed, and the heating unit shall take improvement measures within 24 hours. If the temperature standard has not been reached within 48 hours from the time of notification, the heating unit shall refund the standard heating fee on the day of conversion from the date of receipt of the notification.
If the two parties have objections to the substandard temperature, the resident user may file a complaint with the heating authority. The heat supply department shall determine the indoor temperature within 24 hours from the time of the user's complaint. If the heating unit fails to meet the heating standards, the heating authority shall order the heating unit to take corrective measures. If the heating unit fails to make corrections within 48 hours from the user's complaint, the heating unit shall follow the notice from the user. The third paragraph of this article provides a refund of the heat fee to the user.
If the indoor temperature of residents is lower than 18 ° C and higher than 16 ° C (including 16 ° C), 30% of the user's daily standard heating fee will be refunded on a daily basis; if the room temperature is lower than 16 ° C and higher than 14 ° C (including 14 ° C), daily 50% of the user's daily standard heating fee will be refunded; if the room temperature is below 14 degrees, 100% of the user's daily standard heating fee will be refunded daily. If it belongs to the heat source unit, the heat supply unit shall pay the compensation first, and then recover from the heat source unit.
Total heat refund fee = daily standard heat fee × number of days when the indoor temperature does not meet the standard × ratio of the heat fee refunded if the indoor temperature does not meet the standard
Daily standard heating fee = total heating fee payable by users ÷ number of days in annual heating period
If the minimum heating temperature standard set by the people's government of a city or county is higher than the provisions of these regulations, the responsibility for failure to meet the heating standards shall be investigated in accordance with the provisions of the people's government of the city or county.
Non-resident users shall bear corresponding liabilities for breach of contract as agreed in the contract.
Article 37 The temperature measuring instrument used by the competent heating department shall be a temperature measuring instrument with a certification mark identified by the quality and technical supervision department.
When the heating supply department measures the temperature on the spot, it shall record the information such as the time, place, user name, facility status, testing equipment number, testing personnel, and personnel present on the measurement. The record voucher shall be in the form of a triplet, which shall be retained by the heating department, user and heating unit.
The competent heating department shall supervise and inspect the heating service quality of the heating unit, set up a public complaint telephone for users, and promptly investigate and deal with problems reported by the complainant.
Article 38 Without the consent of the heating unit, the user must not do the following:
(1) Connecting or isolating heating facilities;
(2) Alteration of heating facilities, affecting the quality of heating;
(3) installing a hot water circulation device or a water discharge device;
(4) Change of thermal use;
(5) Alteration of thermal measurement and temperature control facilities;
(6) Change heating and heating methods.
If a user violates the provisions of the preceding paragraph or damages heating facilities and causes losses to others, he shall be liable in accordance with the law.
Article 39 The heating unit shall not be liable if the user fails to pay the heating fee in accordance with the regulations or conducts as specified in Article 38 of this Regulation, which results in the indoor temperature being lower than the temperature specified in this Regulation or the contracted temperature. Any losses caused to other users and heating units shall be compensated according to law.
Users who misappropriate the hot water of the heating system or the normal maintenance due to indoor decoration and alter the indoor heating facilities without authorization and cause damage to the heating unit and other users shall be liable for compensation according to law.
Article 40 The stove, maintenance and professional and technical personnel of the heating unit shall, after passing the training of relevant departments, pass the certificate and take up their posts.
Chapter 5 Management of Heat Expenses
Article 41 The municipal and county heating competent departments may separately verify the social average cost and expense standards for the combined heat and power, regional boilers, and decentralized boiler heating, and assist relevant departments to calculate and monitor the heating unit costs and put forward price adjustment opinions.
The heat price shall be determined by the city and county price competent departments together with the heat supply competent department, and shall be announced and implemented after being reported to the local people's government for approval, and reported to the provincial price competent department and the provincial construction administrative department for the record.
The heat prices of combined heat and power, district boilers, decentralized boiler heating, and energy-saving buildings can be separately verified in accordance with the principle of high quality and preferential prices.
When adjusting the thermal sales price, the municipal and county price authorities shall perform cost supervision and inspection, announce the composition of the thermal price, and organize a pricing hearing to listen to the opinions of all sectors of society.
Article 42 Where a heat metering device and a room temperature control device have been installed, heat metering charges shall be implemented; users who do not implement heat metering charges shall be determined by the municipal and county people's governments on the basis of specific measures for area charges.
Article 43 For users who implement heat metering fees, heat fees shall be calculated and charged in accordance with the two-part system combining basic heat prices and metered heat prices. The specific standards shall be determined by the municipal and county people's governments in accordance with state regulations.
Culture, education, sports and other public welfare facilities shall implement metered fees.
Article 44 The user who implements the heat metering charge shall pay the total heating fee to the heating unit in advance according to the area before December 31 of each year. After the heating period ends, the heat fee shall be settled according to the actual measurement situation. .
Users who have not implemented charging for heat metering shall pay not less than 50% of the heating fee to the heating unit before the heating period, and the remaining heating fee shall be paid to the heating unit before December 31 each year. If the heating fee needs to be refunded, it should be returned to the user within one month after the end of the heating period.
The heat fee before the use of the newly built house before the purchaser is paid by the construction unit; the heat fee for the leased house shall be paid by the owner of the house; if the public housing is leased, the heat fee shall be paid by the house renter.
Article 45 If the user fails to pay the heating fee after the due date, the heating unit may send a reminder notice to the user. If the user has not paid the notice within 15 days after receiving the reminder notice, the heating unit will not harm other users. In the case of the right to use heat, you can limit or stop the heat supply, and file a record with the heat supply department.
If the user refuses to pay the heat fee, he shall pay a penalty fee in accordance with the contract, and the heating unit may bring a lawsuit to the people's court.
If the heating unit has not publicized the "heating permit" to the user, the user may refuse to pay the heating fee and report it to the competent heating department.
Article 46 The price of water used to supply heat to residents shall be settled in accordance with the price of domestic water for residents.
Article 47 The people's governments of cities and counties shall establish and improve heating guarantee mechanisms to guarantee the use of heat by users who enjoy the minimum living security benefits of urban residents and other groups with special difficulties.
The municipal and county people's governments shall establish heating risk prevention mechanisms and heating emergency response mechanisms to prevent heating risks and ensure heating security.
Chapter 6 Management of Heating Facilities
Article 48 The heating unit shall establish a heating facility inspection system to inspect the heating facilities within the scope of management and make records. Where hidden dangers are found in heating facilities for residential users, they shall be eliminated in a timely manner; if hidden dangers are found in heating facilities for non-resident users, it shall be notified in writing.
Article 49 The following acts are prohibited within the ground and underground safety protection scope of urban heating facilities:
(1) construction of buildings and structures;
(2) digging, digging, planting trees and piling;
(3) blasting operations;
(4) stacking garbage, sundries, etc .;
(5) Other acts affecting the safety of heating facilities.
Article 50 No unit or individual may, without the consent of the heat source unit or the heating unit, alter, dismantle or move the common heating pipe network and signs, well covers, valves, meters and other facilities.
Article 51 The construction of a project shall ensure the safety of heating facilities. If the heating facility is damaged due to construction, the construction unit shall be responsible for repairing it; if the damage is caused, compensation shall be made.
Article 52 The heat source unit and the heating unit shall, in accordance with the relevant normative standards, conduct maintenance and repair of heating equipment, dredge, clean, derust and maintain the heating facilities during the heat shutdown period each year to ensure the heating facilities. safe operation.
The competent heating supply department shall check the management of the heating supply unit and the maintenance and repair of facilities and equipment.
Article 53 The property owner shall be responsible for the renewal, transformation, repair, maintenance, cleaning, and rust removal of heating facilities for non-resident users.
The heating unit is responsible for the renovation, transformation, repair, maintenance, cleaning, and rust removal of the residential heating network and the common heating facilities in the building. If the cost has been included in the heating cost, the heating unit shall not charge separately. If the cost of heat is not included, it can be charged at cost.
Resident users shall fulfill their obligation to protect their indoor heating facilities. The maintenance, maintenance, cleaning, and rust removal of indoor heating facilities of residents shall be entrusted to the heating unit for implementation, and the heating unit shall not refuse. Where the cost has been included in the cost of the heating fee, the heating unit may not charge separately.
The heating unit shall not refuse to repair and maintain the indoor heating facilities for the residential users on the grounds that the indoor decoration of the user blocks the radiator or changes the indoor heating facilities.
The cost of renewal, reconstruction, repair and maintenance during the warranty period of the heating project shall be borne by the construction unit.
After the warranty period of the heating project has expired, the construction unit shall sign a heating project handover agreement with the heating unit. If the quality problems of the heating facilities have not been resolved, the construction unit shall continue to perform the warranty responsibility.
Article 54 The heating and maintenance of the visible part of the heating facilities such as indoor water distributors in the floor radiant heating method is the responsibility of the heating unit. The maintenance, maintenance and renewal of some heating facilities in the user's indoor concealed works are carried out by the heating unit, and the cost is borne by the owner of the house. Damage to some heating facilities in indoor concealed projects causes damage to adjacent users, and the owner of the house shall bear responsibility. If it is due to the quality of heating facilities, the owner of the house has the right to claim compensation from the responsible party.
Article 55 When the heating unit inspects and repairs the heating facilities, it shall inform the user in advance, and the user shall cooperate without obstruction.
The staff of the heating unit should wear uniform signs and provide civilized service when they come to serve.
Article 56 When an emergency repair is required for a breakdown of a city's heating facility, the heat source unit or heating unit may first organize construction and report to the public security traffic and road administration departments, and the relevant departments shall allow the construction unit to reapply for approval for occupation and excavation of roads at a later stage. formalities. After the repair is over, the occupied site should be restored to its original state immediately.
No unit or individual may obstruct or refuse to rush to repair heating facilities or transform heating facilities in accordance with a plan approved by the people's government.
Article 57 If the user is unable to rush to the repair site in a timely manner due to endangering public safety, the heating unit shall take measures to enter the room for repair together with the heat supply department, local public security organs and residents committee. After the repair, the person in charge of the Quartet on the site shall sign the repair order and work together to ensure the safety of the user's related property. If the repair personnel intentionally or grossly causes damage to the user, the heating unit shall be liable for compensation.
If the user's indoor decoration blocks the heating facilities and affects maintenance or rush repair, the user shall dismantle and not refuse. If the user does not remove it, the heating unit shall dismantle it, and the loss shall be borne by the user.
Chapter VII Legal Liability
Article 58 The construction unit or other unit that violates Article 9 of these regulations shall be punished by the competent heating supply department as follows:
(1) If the construction is not carried out in accordance with the heating plan approved by the heating authority, the construction shall be ordered to be stopped, and those not corrected within the time limit shall be demolished and a fine of 100,000 yuan to 200,000 yuan shall be imposed;
(2) If the heating project without experience acceptance or unqualified acceptance is put into use, it shall be ordered to make corrections and imposed a fine of 10% to 15% of the contract cost of the heating project.
Construction units or other units that purchase or install heating metering devices and room temperature control devices in violation of the provisions of Article 10 of these regulations shall be ordered to stop the installation or dismantling. If they do not make corrections within the time limit, the heat supply competent department shall dismantle them together with relevant departments.
Construction units of various types who violate the provisions of Article 51 of these Regulations and cause damage to heating facilities due to construction shall be fined from 10,000 yuan to 30,000 yuan.
Article 59 A heat source unit or a heating unit that violates the provisions of these Regulations shall be punished by the competent heat supply department as follows:
(1) In violation of Article 9 of these Regulations, if the pipe network layout and heating plan determined in accordance with the special heating planning are not connected to the heating pipe network for the construction unit without authorization, the illegal income shall be confiscated and punished by more than 50,000 yuan Fines below 100,000 yuan;
(2) Anyone who dismantles, relocates, rebuilds, or sells heat source facilities without authorization in violation of Article 12, paragraph 4 of these regulations, shall confiscate his illegal income and impose a fine of 50,000 yuan up to 100,000 yuan;
(3) Anyone who, in violation of Article 17 of these Regulations, engages in heating business without obtaining the Heating Supply License, shall be ordered to stop illegal activities, confiscate the illegal income, and be fined 50,000 yuan up to 100,000 yuan;
(4) Whoever refuses to sign a contract with the user in violation of Article 25 of these regulations shall be fined not less than 5,000 yuan but not more than 10,000 yuan;
(5) Whoever violates the provisions of the second paragraph of Article 26 of these regulations and overloads the heating facilities shall be fined 50,000 yuan up to 100,000 yuan;
(6) Violating Article 28 of these regulations, failing to notify users in a timely manner for more than 8 hours, a fine of 5,000 yuan shall be imposed; if the heating facility fails, and repairs are not immediately organized to resume heating, the fine shall be 10,000 yuan or more Fines below 20,000 yuan;
(7) In violation of Article 29 of these regulations, if the intermittent heating operation time of the decentralized boiler is less than 16 hours, a fine of 10,000 yuan shall be imposed;
(8) In case of violation of the second paragraph of Article 30 of these Regulations, the user's heating fee shall be refunded in accordance with the number of days when heating is delayed or the heating is stopped in advance, and an equivalent fine shall be imposed;
(9) Those who, in violation of Article 30, paragraph 3 of these Regulations, withhold, resell or resell thermal energy, or reduce the heating temperature on the grounds of energy conservation, emission reduction, long-term low temperature supply, etc. shall be punished by 100,000 yuan or more and 200,000 yuan The following fines;
(10) Violating Article 53 of these Regulations and failing to maintain, maintain, clean, or derust the indoor heating facilities of residents shall be fined 20,000 yuan up to 100,000 yuan.
Article 60 If a user violates the following provisions of these regulations, the heating department shall impose the following penalties:
(1) Whoever violates the first, second, third, fourth, or fifth item of Article 38 of these regulations shall be ordered to stop the illegal acts and be corrected within a time limit. Failure to change within the time limit shall result in a fine of 5,000 to 10,000 yuan;
(2) Anyone who violates the provisions of Article 38, Item 6 of these Regulations and changes the heating and heating methods without authorization shall be ordered to make corrections within a time limit. If damage is caused to other users, the user is responsible for compensation;
(3) Whoever violates the provisions of the second paragraph of Article 39 of these regulations and misappropriates the hot water of the heating system shall be fined 20,000 to 30,000 yuan.
Article 61 In violation of the provisions of Articles 49 and 50 of these regulations, the competent heating supply department shall order the suspension of illegal acts and take corrective and remedial measures within a time limit; if no corrections or remedies are made within the time limit, the illegal buildings and structures shall be demolished A fine of 200 yuan to 1,000 yuan shall be imposed on the individual, and a fine of 10,000 yuan to 30,000 yuan shall be imposed on the unit; if damage is caused, he shall be liable for compensation.
Article 62 The competent heating department and relevant departments and their staff violate one of the following regulations and commit one of the following acts that have not constituted a crime, the local people's government or the supervisory department at a higher level shall investigate and prosecute and hold administrative responsibility:
(1) The competent heating department changes the approved special heating planning without authorization;
(2) The heat supply authority has approved the construction of a heat supply project without authorization in violation of Article 12 of these regulations;
(3) The heating authority misappropriates the supporting costs of the heating infrastructure;
(4) The competent heating supply department fails to accept the report or complaint in a timely manner, or fails to investigate and punish the illegal act in time;
(5) The competent construction department has inspected and accepted the construction project for the construction unit or other unit's unauthorized purchase and installation of the heating metering device and room temperature control device;
(6) The electric power administrative department restricts the external heat supply of the thermal power plant based on the power consumption index;
(7) The quality and technical supervision department is in violation of laws, regulations and technical regulations to detect heating metering products and increase the burden on heating units.
Chapter VIII Supplementary Provisions
Article 63 These Regulations shall become effective on October 1, 2011. The "Heilongjiang Province Urban Heating Regulations" passed at the fourteenth meeting of the Standing Committee of the Tenth People's Congress of Heilongjiang Province on April 8, 2005 were repealed simultaneously.