Hotel collapse exposes regulatory loopholes in rural self built housing

category:Global
 Hotel collapse exposes regulatory loopholes in rural self built housing


The hotel is a rural self built house and has been rebuilt many times. After the accident, the work safety committee of the State Council supervised the work safety. On August 30, the Shanxi Provincial Peoples government set up an investigation team to investigate the major accident of Xiangfen countys 8.29 Hotel collapse. The accident investigation team sent by the emergency management department of Shanxi Province also entered Xiangfen on August 31. Xiangfen County Housing Security and urban and rural construction administration also told the media that it was investigating whether the hotel involved was illegal construction.

Behind the accident, revealed how to ensure the safety supervision of rural self built houses. In particular, the potential security risks of rural self built houses as business and gathering places have become more concerned.

On September 2, the Red Star News reporter contacted the Rural Construction Department of the Department of housing and urban rural development of Shanxi Province. The staff said that at present, for the rural self built houses, the township government will organize the agricultural and natural resources departments to check the applicable scope of housing homestead according to the documents issued by the Ministry of agriculture and rural areas and the Ministry of natural resources. However, there is no local regulation on the safety of rural housing in Shanxi Province.

It is reported that the Shanxi provincial government has decided to carry out special investigation and rectification of potential safety hazards in urban and rural areas throughout the province from now on to the end of November.

The collapse site has been cleaned up

Why did the hotel collapse?

Experts: after the building is completed, the reconstruction will certainly have an impact on the construction safety

In the video circulated on the Internet, the elderly people who have lived a long time cry and complain, how could the hotel collapse after ten or twenty years?. Business data show that Juxian hotel has been established since 2003. The Red Star News reporter who went to the scene to interview learned that Juxian hotel where the accident happened was built by villagers around 1982 and was constructed in several times. The building area of the house is 400 square meters with two floors, and the collapsed courtyard is about 100 square meters, which is a brick concrete structure. Banquet hall used to be on the first floor. Later, the road was raised and became a basement.

Zheng Jianyong, the leader of Tianlong rescue team who participated in the rescue at the scene of the accident, told Red Star news that the top of the banquet hall was built with prefabricated slabs, and a layer of cement was added. The steel bars in the middle had rusted, which was supposed to be the collapse caused by the aging of precast slabs.

Guo Weiliang, leader of the rescue team of Xiangfen blue sky rescue team, said in an interview with the media that the height of the banquet hall was about 3 meters, and the ceiling was made of prefabricated slabs, and a layer of cement was reinforced. There were several columns supporting it. The accident was that the prefabricated slab above collapsed. The Red Star News reporter who visited the scene noticed that the reinforcement in the collapsed precast slab was not as thick as a persons thumb, while the reinforcement of the banquet hall beam was only thumb thick and rusty.

Some of the prefabricated slab fragments are exposed, and the reinforcement is not thick with little finger, and it is rusty

A cake giver suggested another possibility of the house collapsing. He once told the reporter of Sanlian Life Weekly that before the accident, he had noticed the distortion of the east wall of the hotel. Some people at the scene also confirmed that the north-south and west directions of the banquet hall are independent wing rooms and kitchens respectively. There is only one wall supporting the banquet hall in the East, and the east side collapses first when it collapses.

According to the information that has been mastered, the technical personnel of a Beijing construction safety appraisal company told the Red Star News reporter that after the expansion, the house belongs to a mixed structure, with brick walls on the first floor, concrete columns in the middle hall, round hole plate in the second floor and light steel structure in the second floor. The main part of the collapse is in the middle hall, and the instant collapse causes casualties. From the technical point of view, the overall collapse of the structure may mainly be the problem of vertical load-bearing components or foundation, but the problems existing in the precast slab can not be ruled out, which is mainly based on the investigation of relevant departments in the later stage.

As for the service life and quality of the precast slabs, the technician said that the prefabricated members produced by the precast member factory all have national standards, and the factory load inspection is required to meet the requirements. However, the existing prefabricated slabs used by rural residents may belong to the components produced by second-hand or informal prefabrication plants. If it is qualified, the service life of precast slab is the same as that of building design under normal use environment, 50 years. But after the completion of the house, the reconstruction will certainly have an impact on the safety of the building.

The collapse

The safety supervision problems of rural self built houses exposed behind the accident

Construction law is not applicable to rural self built houses

At present, the official has not yet announced the cause of the collapse accident, but the quality problem of rural self built houses is worthy of attention. This is not a new problem.

Qi Fei, member of the CPPCC National Committee of Chongqing Yuzhong District and partner of juwo law firm, has long been concerned about the safety supervision of rural self built houses. Qi Fei, who once served as deputy chairman of Yuzhong District and member of the Standing Committee of the CPPCC of Yuzhong District, wrote an article on the official website of the Central Committee of the peoples construction of Chongqing in 2015, the safety supervision and management of self built houses in rural areas needs to be strengthened.

In the article, he said that in recent years, the pace of urbanization has been accelerating, farmers desire to improve living conditions has become increasingly strong, and the rural housing fever continues to heat up. For a long time, farmers residential houses are mainly built by themselves. However, due to the wide range of rural construction behaviors, farmers lack of construction knowledge and awareness of quality and safety, and the lag of administrative departments management, rural private housing construction is still in a rough development state, exposing many worrying security risks.

The article reveals that, specifically, the reasons for many safety problems of farmers self built houses include: first, the absence of the legal system of rural housing construction; second, the lack of safety supervision mechanism; third, the pressure of farmers housing construction funds leads to prominent security risks.

Five years later, in an interview with Red Star News reporters, Qi Fei said that at present, the safety supervision of rural self built houses in many places is still in a vacuum.

Red Star News reporters found that Article 83 of the construction law revised in 2019 stipulates that this law is not applicable to the construction activities of farmers self built low-rise residential buildings; the regulations on the quality management of construction projects also exclude low-rise buildings built by farmers themselves.

In this regard, Qi Fei wrote that although the State Councils Regulations on the management of planning and construction of villages and market towns clearly stipulates the relevant provisions on the floor selection and design of new houses in the planning areas of towns and villages, this regulation does not fully grasp the actual situation in rural areas, and has not been implemented in reality. The quality supervision, acceptance and certification are compared Chaos.

For example, according to relevant laws and regulations, farmers self built houses with a total investment of less than 300000 yuan and less than three storeys are not within the scope of government quality and safety supervision, resulting in the quality and safety of most farmers houses in the state of no supervision.

In addition, since the State Council issued an order to cancel the qualification examination and approval of rural construction craftsmen in 2004, there is no suitable technical force and professional team to replace in time, resulting in the village construction management department losing control of the practice of a large number of individual craftsmen engaged in rural residential construction, weakening the supervision of the quality and safety of farmers housing projects.

In view of this situation, some localities have issued local regulations or measures. For example, if the construction unit of Anhui province or above is responsible for the design and construction of an accident, it must be designed and supervised by the construction unit at the township level or above, according to the requirements of the construction unit in Anhui Province We will implement supervision and management and bring them into the governments supervision. The Township Peoples governments shall be responsible for the supervision of projects below the quota and the houses built by farmers themselves within the planning areas of towns, townships and villages. Units with construction qualifications and individual rural construction craftsmen may undertake the construction. Construction units and craftsmen shall sign construction safety responsibility certificates with the owners.

At the same time, the urban and Rural Construction Department of Anhui Province will organize the compilation and revision of farmers self built housing standards, general design atlas and technical guidelines for rural housing construction, which will be provided to farmers free of charge. To carry out the training of rural individual construction craftsman, and provide technical support for rural housing construction.

In 2017, Zhoukou, Henan Province also issued the Interim Measures for the construction and management of rural villagers houses, proposing that the county-level construction administrative departments should supervise and manage the self built houses and collective houses built by villagers above three floors according to law, issue construction permits and implement quality and safety supervision according to their authority. The township government is responsible for the management of villagers residential construction within its administrative area, issues rural construction planning permit according to its authority, and performs the supervision responsibility for the illegal behaviors of villagers in terms of quality and safety.

Qi Fei pointed out that in more places, the supervision of rural self built houses only exists in line inspection and approval, that is, whether the approved buildings occupy more land. As for quality inspection, security inspection, engineering supervision are unlikely to appear in the construction. Due to the lack of effective means, the illegal phenomenon of building houses illegally and adding floors without authorization is very prominent.

There is a large life in the center of the collapsed banquet hall

Local regulations on safety supervision of self built houses in rural areas

Shanxi has not yet issued

A person in charge of the housing and Urban Rural Development Bureau at the grass-roots level told the Red Star News reporter, the housing and Urban Development Bureau can only guarantee the urban area for the management of illegal construction, but the countryside cant manage it..

So, whether there is safety supervision guarantee for rural self built houses used in business and gathering places? The person in charge of the above-mentioned Municipal Bureau of housing and urban rural development told the Red Star News reporter that the rural self-built houses used for operation have the public nature and should put forward higher construction quality requirements. For buildings involving public safety, bidding should be carried out, and then construction permit should be obtained. In the process of construction permit application, eight conditions must be met, such as land permit, planning permit and drawing review.

However, such a requirement can only be applied to the construction projects with more than two floors, more than 300 square meters and an investment of more than 300000 yuan. If the scale requirements are not met, it depends on whether there are corresponding local norms.

However, Shanxi Provincial Department of housing and urban rural development told reporters that Shanxi did not issue local regulations on safety supervision of rural self built houses. On the afternoon of September 2, the Red Star News reporter contacted the village and Town Construction Department of Shanxi Provincial Department of housing and urban rural development. The staff said that at present, for rural self built houses, the township government will organize the agricultural and natural resources departments to check the applicable scope of housing homestead according to the documents issued by the Ministry of agriculture and rural areas and the Ministry of natural resources. However, there is no local regulation on the safety of rural housing in Shanxi Province.

Who is responsible for the accident?

Experts: Housing operators and property owners are the first responsible person

The investigation of regulatory responsibility depends on the local laws and regulations at that time

In an interview with the Red Star News reporter, Qi Zhanguo, the village secretary of Chenzhuang village where Juxian restaurant is located, said that under the hotel is Qis homestead, and the village has no specific requirements. As for the hotel, Qi has a complete business license and food business license, and has a specific regulatory unit. The village does not have such management power.

So who should be responsible for the collapse of the hotel? The person in charge of the above-mentioned Municipal Bureau of housing and urban rural development told Red Star news that there are five main bodies of normal housing liability accidents: construction units (owners), construction units, supervision units, design units and geological survey departments. Divide responsibilities according to whether they perform their duties.

In rural areas, where there are regulations, it is necessary to check the qualification of construction personnel, review of drawings and supervision of bidding. According to the regulations, the Department of housing and construction at the county level shall supervise and control the urban and rural construction within the administrative region, and the land offices at the township level shall be responsible for reporting and reporting the construction projects within the administrative region. According to the regulations, the construction projects above the scale must also be completed and accepted. In this process, the county-level construction department has a supervision team responsible for supervision. If it does not accept supervision, it will be punished. However, if the relevant departments do not fulfill their regulatory obligations, they will be held responsible for dereliction of duty.

Now the hotel legal person Qi Jianhua has been taken compulsory measures. Qi Fei believes that the restaurant operators should first bear the personal injury liability of consumers. The property owner of the house is the first person liable for compensation. But the responsibility of the construction party needs specific analysis. In rural areas, many houses are built by relatives and friends. There is no formal construction unit. If so, they will not bear the responsibility. If it is a regular construction unit, it is necessary to understand the reasons for the house collapse. If the construction unit only carries out construction according to the drawings, it depends on whether it is the responsibility of the design unit.

As for the housing and Urban Development Bureau and the township government, do they need to bear the regulatory responsibility? Qi Fei believes that the building where the accident occurred has been built for decades, depending on whether the local laws at that time provided for the supervision responsibility.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }On the afternoon of September 2, the Red Star News reporter asked the Department of housing and urban development of Shanxi Province about the progress of the investigation into the collapse accident and whether there was dereliction of duty in the investigation, but no reply was received. In order to learn from the collapse of Juxian hotel in Chenzhuang village, Taosi Township, Xiangfen County, Linfen City, Shanxi provincial government has decided to carry out special investigation and rectification of potential safety hazards in urban and rural construction throughout the province from now on to the end of November, according to Xinhua viewpoint on September 2. The scope of the special renovation is urban and rural construction in the province, focusing on rural areas, urban-rural junctions and urban communities. The rectification contents include illegal land occupation, illegal construction, illegal transformation and decoration, unauthorized change of house use, construction with major potential safety hazards, approval of business activities in violation of laws and regulations, etc. the rectification is divided into three steps, namely, comprehensive arrangement, mastering the base number, immediate rectification, elimination of hidden dangers, compaction of responsibility and establishment of long-term mechanism. Source: editor in charge of Red Star News: Qin bailing_ NB17208

On the afternoon of September 2, a red star reporter asked the Department of housing and urban development of Shanxi Province about the progress of the investigation into the collapse accident and whether there was dereliction of duty in the investigation, but no reply was received.

In order to learn from the collapse of Juxian hotel in Chenzhuang village, Taosi Township, Xiangfen County, Linfen City, Shanxi provincial government has decided to carry out special investigation and rectification of potential safety hazards in urban and rural construction throughout the province from now on to the end of November, according to Xinhua viewpoint on September 2.

The scope of the special renovation is urban and rural construction in the province, focusing on rural areas, urban-rural junctions and urban communities. The rectification contents include illegal land occupation, illegal construction, illegal transformation and decoration, unauthorized change of house use, construction with major potential safety hazards, approval of business activities in violation of laws and regulations, etc. the rectification is divided into three steps, namely, comprehensive arrangement, mastering the base number, immediate rectification, elimination of hidden dangers, compaction of responsibility and establishment of long-term mechanism.