Article 2 These Provisions shall apply to heating planning, construction, operation, supervision and management, heat use and other activities within the administrative area of this province.
The term "heating" as mentioned in these Provisions refers to the behavior that heating enterprises use hot water, steam and other heat sources generated by cogeneration, regional boilers, industrial waste heat and geothermal energy to provide heat for production and life to heat users through facilities such as pipe networks.
Article 3 Heating shall follow the principles of unified planning, supporting construction, ensuring safety, energy conservation and environmental protection, and standardizing services.
Fourth provincial people's government housing and urban and rural construction departments responsible for the province's heating guidance, supervision and management.
The competent heating department of the people's government at the city or county level divided into districts shall be responsible for the supervision and management of heating and heat use within their respective administrative areas.
The relevant departments of the people's governments at or above the county level, such as housing and urban construction, urban management, development and reform, finance, natural resources, ecological environment, market supervision and management, shall do a good job in the management of heating and heat use within their respective functions and duties.
Township (town) people's government, street offices with the competent department of heating to do a good job in heating and heat related work.
Fifth, actively develop the heating mode based on clean cogeneration, give priority to the use of various industrial waste heat and heat resources, and make full use of clean renewable energy such as geothermal energy, solar energy and biomass energy as heating energy. In the area covered by the heating pipe network, no new decentralized coal-fired boilers will be built for heating.
Encourage and support the research and development and popularization of new technologies and equipment for safe, efficient, energy-saving and environmentally-friendly heating, promote the interconnection of central heating regional pipe networks, improve the information level of heating monitoring, and build a safe, stable, intelligent and efficient heating guarantee system.
Sixth people's governments at or above the county level shall incorporate heating into the national economic and social development plan, and coordinate the heating work within their respective administrative areas.
The competent heating department of the people's government of the city or county shall, jointly with the relevant departments of natural resources, development and reform, prepare the heating planning of this administrative region, and implement it after being approved by the people's government at the same level.
Seventh districts of the city and county people's government departments in charge of heating shall, according to the heating planning, urban development process and specific project construction progress, promote the construction of heat sources and pipe networks.
The people's governments of cities and counties with districts shall co-ordinate the sources of funds for the construction of pipe network projects, support the cooperation and mixed operation of government and social capital, and guide social capital to participate in heating business activities in an orderly manner. The main heating network construction funds can be charged in the city infrastructure supporting fees.
Eighth before the approval of the project, the project construction unit shall, according to the actual construction of heating planning and heating equipment and facilities, reasonably determine the heating mode. Need to access the heating pipe network, the thermal engineering construction unit shall put forward a thermal installation scheme to the relevant heating enterprises before the project starts, so as to realize direct access after synchronous design, synchronous construction and synchronous completion and acceptance with the main project.
Article 9 After the residential project is completed and accepted, the construction unit shall hand over the heating equipment and facilities to the relevant heating enterprises for operation and maintenance, and the relevant heating enterprises shall accept the inspection.
If the heating equipment and facilities that have been put into use need to be handed over to the relevant heating enterprises for operation and maintenance, the competent heating department of the people's government at or above the county level shall organize the relevant heating enterprises to carry out acceptance in accordance with national technical standards and norms. Acceptance, the relevant heating enterprises should receive; If the acceptance is unqualified, the relevant heating enterprises shall propose a rectification plan and hand it over after rectification.
Article 10 This province implements a licensing system for heating enterprises. A heating enterprise shall apply to the competent heating department of the people's government at or above the county level for a heating business license before engaging in heating business activities.
To apply for a heating business license, one should have the qualification of a legal person, have heating equipment and facilities, professionals, funds and capabilities that are commensurate with the scale of operation, and have a sound management system.
Heating enterprises shall not forge, alter, buy, sell, lease or lend their business licenses.
Eleventh heating enterprises shall sign heat supply contracts with heat users according to law. The demonstration text of the heat supply contract shall be supervised by the competent department of housing and urban construction of the provincial people's government in conjunction with the market supervision and management department.
Article 12 The people's governments of cities and counties divided into districts shall determine the starting and ending time of heating for residential heat users according to local conditions; In case of special weather, heat supply in advance or heat stop in delay can be decided according to the change of meteorological conditions. Heating enterprises shall provide heating according to the time determined by the people's governments of cities and counties with districts, and shall not change it without authorization.
Thirteenth development and reform departments of the people's governments at or above the county level shall coordinate with relevant enterprises and units, and rationally plan the power generation and heating of cogeneration units according to the principle of determining electricity by heat during heating period to meet the demand of heating load.
Encourage heat source enterprises and heating enterprises to establish standby heat sources or heat storage facilities suitable for their own heating capacity, and improve the heat source guarantee capacity and heating service quality.
Units that supply water, electricity, gas and heat to heating enterprises shall guarantee the supply according to law and shall not interrupt it without authorization.
Fourteenth heating enterprises should be in accordance with the provisions of the contract for the supply and demand of heat, and shall not interrupt or stop heating without authorization. During the heating period, if the heating is stopped due to equipment failure or force majeure, the heating enterprise shall notify the heat users and report to the competent heating department; If the equipment and facilities fail to provide normal heating, the heating enterprise shall immediately organize emergency repair. If the heating is stopped continuously for more than 24 hours, the heating enterprise shall reduce the heating fee in accordance with the contract.
Fifteenth heating enterprises shall not suspend business without authorization. If it is really necessary to suspend business, it shall consult with the local people's government six months before the start of the heating period in that year; After consultation, the heating enterprise shall properly arrange the relevant users, equipment and facilities management and heating fee payment within the heating range, complete the handover with the heating enterprise three months before the start of the heating period of the year, and submit a written report to the competent heating department.
Article 16 During the heating period, except for force majeure and user's reasons, the heating enterprise shall provide enough heat to ensure that the room temperature of the bedroom and living room (hall) equipped with qualified heat facilities for residential heat users is not lower than 18 degrees Celsius, and other parts shall meet the design specifications and standards. If the room temperature is not up to standard for more than 48 consecutive hours, the heating fee shall be reduced in accordance with the contract.
Seventeenth hot prices shall be set by the government or guided by the government, and shall be formulated by the municipal and county people's governments. The heat price should be reasonably determined and adjusted according to the heating cost and the local economic and social development level, and follow the principle of reasonably compensating the cost, promoting the conservation of heat and adhering to the principle of fair burden. The determination and adjustment of heat price shall take the form of hearing to solicit the opinions of heat users, heating enterprises and heating authorities.
The competent price department of the people's government at the city or county level divided into districts shall conduct annual cost supervision and examination to provide a basis for determining the heating price and government subsidies.
People's governments at or above the county level shall take measures to gradually promote heating metering and charging.
Eighteenth heat users should pay the heat fee in full and on time in accordance with the relevant provisions of the state and the contract. For the first time, new residential buildings will be provided with overall heating, and the first heating cost will be paid by the development and construction unit in a unified way, and it is not allowed to be charged separately to heat users. If the heat user fails to pay the heat fee within the time limit, he shall pay the liquidated damages in accordance with the contract. Heating enterprises shall not stop the heating of adjacent heat users or lower the heating standard because of the arrears of some heat users.
The heating fee shall not be tied with other expenses such as property fees, utilities, etc.
The people's governments at or above the county level shall establish and improve the heating guarantee mechanism, and give preferential treatment to the entitled groups, heat users and other groups with special difficulties who enjoy the minimum living allowance for urban residents in accordance with the relevant provisions.
Article 19 If the heating facilities meet the conditions of household heat stop, on the premise of not affecting the normal use of heat by other heat users and the safe operation of the heating facilities, heat users may apply to the heating enterprises 30 days before the start of the heating period to suspend or resume heat use during the whole heating period, and the heating enterprises shall take measures to meet the requirements of qualified users to suspend or resume heat use. The specific measures shall be formulated by the city divided into districts.
Article 20 The people's governments at the city and county level divided into districts shall arrange the policy subsidy funds for heating according to local conditions, which shall be used to subsidize the losses caused by the upside-down cost and price, the extension of heating time, the energy-saving and environmental protection renovation of heating systems, the renovation of heating equipment and facilities in old residential areas, the installation of room temperature collection devices in existing buildings, and the heating by clean and renewable energy.
Twenty-first heating enterprises should implement standardized management and standardized services, open the service content, service standards, procedures, charging standards and service telephone numbers to the public, and implement 24-hour uninterrupted service during heating.
If a heat user applies for inquiry, maintenance and other services to a heating enterprise on matters such as operating charges and heating services, the heating enterprise shall handle it in time.
Twenty-second construction units engaged in engineering construction shall not affect the safety of heating facilities; May affect the safety of heating facilities, the construction unit or the construction unit shall negotiate with the heating enterprises in advance to formulate a safety protection construction plan, and take corresponding measures before construction. If the heating facilities are damaged during the construction, it shall promptly notify the heating enterprises to repair them, and bear the repair costs and compensate the corresponding losses.
Twenty-third residential heat users * * * with heating equipment and facilities handed over to the heating enterprise operation and maintenance, maintenance and renovation costs borne by the heating enterprise, included in the operating costs. If the warranty period of heating equipment and facilities is extended during the warranty period or the construction unit fails to perform or delays the performance of the warranty responsibility, the maintenance cost shall be borne by the construction unit.
Indoor non-heating facilities of residential heat users are maintained and managed by heat users. If heat users find faults such as abnormality and leakage, they can report to the heating enterprise for repair and bear the relevant expenses themselves.
The management responsibility of heating equipment and facilities for non-resident heat users shall be agreed by both parties through contracts.
Twenty-fourth heating enterprises shall be responsible for the inspection, repair, maintenance and renewal of heating equipment and facilities under their management. The annual inspection, maintenance and renovation work shall be completed 15 days before the start of the heating period, and inspections shall be strengthened during the heating period to eliminate hidden dangers in time to ensure the safe and stable operation of heating equipment and facilities. Heat users should cooperate and relevant departments and units should support them.
Twenty-fifth people's governments at or above the county level shall strengthen the construction of heating emergency capacity and formulate emergency plans. In view of possible heating equipment and facilities accidents, energy supply shortage, pipeline and material abandonment, etc., effective measures are taken in time to ensure heating and avoid accidents such as large-scale shutdown.
Article 26 The competent heating department of the people's government at or above the county level shall improve the heating supervision information platform, supervise and inspect the heating operation service, equipment and facilities maintenance, heating engineering construction and heating preparation, and coordinate the handling of heating emergencies.
The competent heating departments of the people's governments at or above the county level and the heating enterprises shall strengthen the information security management, and shall not use the personal information obtained from the heating supervision information platform for purposes other than heating management.
Thermal users are not allowed to change or destroy the room temperature monitoring device without authorization.
Twenty-seventh people's governments at or above the county level shall regularly organize the evaluation of heating enterprises, and announce the evaluation results to the public. The evaluation results serve as the basis for the management of heating operation rights and the verification of heating subsidies.
Article 28 The competent heating department of the people's government at or above the county level shall establish a credit record, and include the heating enterprises that stop business supply without authorization, do not provide heat within the prescribed time limit, and do not engage in heating business activities within the business license in the list of dishonesty.
Twenty-ninth heat users have the right to complain to the competent heating department of the people's government at or above the county level on matters such as heating quality and heating service.
The competent heating department of the people's government at or above the county level shall establish a complaint reporting system for heating, open the telephone number, mailbox and e-mail address of complaints and reports, smooth the channels of complaints and reports, and handle complaints and reports in a timely and effective manner.
Article 30 If the staff of the heating department of the people's government at or above the county level and other relevant administrative departments abuse their powers, neglect their duties or engage in malpractices for selfish ends in the heating management, they shall be punished by their units or the competent department at a higher level; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 31 If a heating enterprise, in violation of these provisions, engages in heating business activities without obtaining a heating business license, the heating administrative department of the people's government at or above the county level shall order it to stop the illegal act, confiscate its illegal income and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; Forge, alter, buy, sell, lease or lend a heating business license, the heating administrative department of the people's government at or above the county level shall order it to stop the illegal act, confiscate the illegal income and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the heating business license shall be revoked.
Thirty-second heating enterprises in violation of the provisions, one of the following acts, the heating department of the people's government at or above the county level shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the following penalties shall be given:
(a) arbitrarily changing the heating start-stop time of residents' heat users, delaying heating, stopping heating in advance, and interrupting heating, and imposing a fine of not less than 100,000 yuan but not more than 500,000 yuan;
(two) unauthorized operation, a fine of one hundred thousand yuan and five hundred thousand yuan;
(three) heating equipment and facilities failure, did not immediately organize emergency repair to restore heating, a fine of ten thousand yuan and twenty thousand yuan;
4) Those who refuse to perform the obligation of inspection, repair, maintenance and transformation shall be fined more than 20,000 yuan100,000 yuan.
In violation of the provisions of items (1) and (2) of this article, if the circumstances are serious, the heating administrative department of the people's government at or above the county level shall revoke the heating business license.
Article 33 These Provisions shall come into force as of the date of promulgation.
Legal basis:
Article 5 "People's Republic of China (PRC) National Standard-Urban Heating Service" Under normal weather conditions, when the heating system is in normal operation, the heating business enterprise shall ensure that the heating temperature of the user's bedroom and living room is not lower than 65438 08℃.
"Regulations on Expropriation and Compensation of Houses on State-owned Land" Article 27 No unit or individual may force the expropriated person to move by violence, threat or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations.