Article 2 These Regulations shall apply to the research and development, production, sale, use, supervision and management of new wall materials within the administrative area of this province.
The term "new wall materials" as mentioned in these Regulations refers to the wall materials produced with non-clay as raw materials, which have the characteristics of comprehensive utilization of resources, environmental protection, land and energy conservation, and conform to the national industrial policy.
Article 3 The development of new wall materials shall follow the principles of technological innovation, comprehensive utilization of resources, energy conservation and environmental protection and local conditions.
Article 4 People's governments at or above the county level shall strengthen their leadership over the development of new wall materials, incorporate the development of new wall materials into the national economic and social development plan, coordinate and solve major problems in the development of new wall materials, and promote the development of new wall materials.
The township (town) people's government shall strengthen the promotion and use of new wall materials in rural areas and assist relevant departments in implementing measures to develop new wall materials.
Article 5 The administrative departments determined by the provincial economic and trade administrative departments and the municipal and county people's governments (hereinafter referred to as the administrative departments of wall materials) shall be in charge of the development of new wall materials within their respective administrative areas.
The working organization for developing new wall materials established by the administrative department of wall materials according to law (hereinafter referred to as the working organization for new wall materials) is specifically responsible for the development of new wall materials, and its management funds are included in the fiscal budget at the same level.
Development and reform, finance, construction, land and resources, agriculture, forestry, industry and commerce, quality and technical supervision, science and technology, environmental protection, taxation and other relevant administrative departments shall, according to their respective responsibilities, do a good job in the development of new wall materials.
Sixth people's governments at all levels and relevant departments should strengthen the publicity of research and development, production, building demonstration and promotion of new wall materials, and enhance the public's awareness of using new wall materials and protecting land resources and ecological environment.
Seventh provincial wall materials administrative departments in conjunction with the relevant departments in accordance with the national industrial policy, combined with the actual situation of this province, to determine and publish the catalogue of new wall materials products.
The administrative department in charge of wall materials at or above the county level shall, according to the resource situation of their respective administrative areas, formulate the development plan of new wall materials and the total amount control plan of clay bricks, guide the product structure adjustment of wall materials, and promote the research, development and use of new wall materials.
Article 8 The working institutions of new wall materials shall supervise the production and use of wall materials in accordance with the prescribed responsibilities, strengthen the guidance and publicity on the research and development, production and promotion of new wall materials, do a good job in information exchange and business training, and accept and handle relevant reports or complaints.
Ninth provincial construction administrative departments shall organize the implementation of national standards and technical specifications for the use of new wall materials.
Need to develop the province's new wall materials building application design standards, construction technical regulations and acceptance criteria, by the provincial construction administrative departments and the provincial quality and technical supervision administrative departments in accordance with the provisions of the authority and procedures to organize the drafting, approval and release.
Provincial new wall materials working institutions shall assist in related work.
Article 10 People's governments at or above the county level shall increase their support for the development of new wall materials, and arrange funds to support the production projects, application pilot projects or demonstration projects of new wall materials, as well as the research, development and popularization of new products, new processes and new equipment.
Eleventh to encourage scientific research institutions, universities, enterprises and individuals to research and develop new wall materials with high technology content, independent intellectual property rights, energy saving and environmental protection and related technologies, equipment and processes.
The technology development expenses actually incurred by new wall material production enterprises in research and development of new products, new processes, new equipment and independent innovation technology development projects shall enjoy relevant tax concessions in accordance with state regulations.
Article 12 The wall materials produced by enterprises belong to the catalogue of new wall materials. The enterprise scale, production technology and equipment conform to the national industrial policy. If the products pass the inspection by the statutory quality inspection institutions, they will enjoy relevant tax incentives in accordance with state regulations after being recognized by the provincial new wall materials working institutions.
Provincial new wall materials working institutions shall make a decision within 30 days from the date of receiving the written materials for the application for accreditation. To meet the conditions, issue a certificate of recognition; If it does not meet the requirements, it shall inform the applicant in writing and explain the reasons.
Thirteenth new wall materials must meet the product standards and meet the requirements of protecting human health and personal and property safety.
Sales of new wall materials should provide product inspection certificate and product description.
The administrative departments of quality and technical supervision, industry and commerce shall strengthen the quality supervision of the production and sales of new wall materials, and investigate and deal with violations of relevant laws and regulations on product quality management according to law.
Fourteenth construction engineering design units in the design of construction projects, should be based on the national and provincial new wall materials design standards and the provisions of this Ordinance, the use of new wall materials. The examination institution of construction drawing design documents shall examine the contents of new wall materials used in construction drawing design documents, and shall not pass the examination if they do not meet the requirements.
The construction unit shall use new wall materials in accordance with the construction drawings and design documents. If it is really necessary to change, it shall be approved by the design unit and the original construction drawing design document review institution.
Construction project supervision units shall, in accordance with the requirements of construction drawing design documents, supervise the use of new wall materials in engineering construction.
Construction administrative departments shall strengthen supervision over the use of new wall materials in construction projects, and investigate and deal with illegal design, construction and supervision according to law.
Fifteenth production and use of solid clay bricks are prohibited within the administrative region of this province.
Due to the repair of ancient buildings, cultural relics protection units and other special buildings, it is really necessary to produce and use solid clay bricks, which shall be approved by the provincial administrative department of wall materials.
Article 16 The production of clay hollow bricks is prohibited in the urban planning area of this province.
It is forbidden to build or expand clay hollow brick production projects. For the existing clay hollow brick production enterprises, no new clay resource mining license will be added.
Encourage existing clay hollow brick production enterprises to use resources such as river and lake silt and construction waste soil to produce clay hollow bricks.
The administrative departments of land resources, agriculture and forestry shall strengthen the supervision and management of soil borrowing by clay hollow brick production enterprises, and investigate and deal with illegal soil borrowing according to law.
Seventeenth clay brick production enterprises in accordance with the provisions of the closure or production of new wall materials and other products, the local people's governments at or above the county level shall compensate according to law.
Specific compensation measures shall be formulated by the provincial financial administrative department in conjunction with the provincial wall materials and land and resources administrative departments, and implemented after being approved by the provincial people's government.
Eighteenth financial allocations or subsidies for construction projects and productive construction projects invested by the state should use new wall materials in their construction projects.
If the construction project in the urban planning area belongs to the frame structure (including frame shear wall, shear wall, tube, etc. ), to use new wall materials.
Encourage other construction projects and rural construction projects in urban planning areas to use new wall materials.
Article 19 The provincial administrative department in charge of wall materials may, jointly with the relevant departments of the Municipal People's Government, propose specific plans to expand the scope of use of new wall materials, which shall be implemented after being approved by the provincial people's government.
Twentieth new construction, renovation and expansion projects (excluding individual farmers and households built their own houses), the construction units and individuals shall, before handling the construction permit, pay the advance payment of the special fund for new wall materials according to the prescribed standards. After the completion of the main project, the liquidation shall be carried out according to the total amount of non-new wall materials, and more refunds shall be made and less supplements shall be made.
Twenty-first special funds for new wall materials include:
(a) support the research and development of new products, new processes and new equipment for new wall materials, and support the research and formulation of production and application standards for new wall materials;
(two) to support the production and application of new wall materials demonstration project;
(three) publicity, training and reward for the development of new wall materials;
(four) other expenses related to the development of new wall materials approved by the financial administrative department at the same level.
Twenty-second new wall materials special fund should be included in the financial budget management, earmarking. No unit or individual may reduce, exempt or postpone the levy, and may not intercept or misappropriate it.
The specific measures for the collection, use, supervision and management of the special fund for new wall materials shall be formulated by the provincial people's government in accordance with the provisions of the state and these regulations.
Twenty-third establish a statistical system for the production and use of wall materials.
Units and individuals that produce and use wall materials shall truthfully count and declare their production and use in accordance with the provisions of the state and the province, and shall not refuse to report, make false reports or conceal them.
Twenty-fourth acts in violation of the provisions of these regulations, laws and regulations have legal liability provisions, from its provisions.
Twenty-fifth construction drawing design document review institutions in violation of the provisions of the first paragraph of Article 14 of these regulations, the construction administrative department at or above the county level shall order it to make corrections and impose a fine of 1 10,000 yuan but not more than 30,000 yuan; If the circumstances are serious, the identification of the accreditation body shall be revoked by the provincial construction administrative department.
Article 26 Where a construction unit, in violation of the provisions of the first and second paragraphs of Article 14 of these regulations, explicitly or implicitly uses clay bricks, the administrative department in charge of wall materials at or above the county level shall order it to stop the illegal act, and impose a fine of 0.5 yuan per brick (folding standard brick) on the construction unit according to the total number of clay bricks used, but the maximum amount shall not exceed 200,000 yuan.
Article 27 Where clay bricks are produced in violation of the provisions of Article 15 and Article 16, paragraph 1, of these regulations, the administrative department in charge of wall materials at or above the county level shall order it to stop the illegal act, and impose a fine on each piece (converted into standard bricks) according to the total amount of clay bricks produced, but the maximum amount shall not exceed 200,000 yuan; Those who refuse to stop illegal acts shall be banned by the people's governments at or above the county level according to law.
Article 28 In violation of the provisions of Article 20 of these regulations, those who fail to pay the advance payment of special funds for new wall materials shall be given a warning by the administrative department of wall materials at or above the county level and ordered to pay within a time limit; If it fails to pay within the time limit, a late fee of 0.5% of the unpaid amount will be charged on a daily basis.
Twenty-ninth the provisions of this Ordinance twenty-sixth, twenty-seventh, twenty-eighth administrative punishment, can be entrusted by the administrative department of wall materials at or above the county level to implement the new wall materials.
Article 30 If the relevant administrative departments, new wall materials working institutions and their staff violate the provisions of these Regulations and commit any of the following acts, the relevant administrative departments or administrative supervision departments shall give administrative sanctions to the directly responsible person in charge and other directly responsible personnel according to law:
(a) failing to supervise and inspect the product quality, production soil, architectural design, construction and supervision of new wall materials in accordance with the regulations;
(two) new wall materials production enterprises in violation of regulations;
(three) in violation of the provisions of the collection and use of new wall materials special fund;
(four) other acts that should be given administrative sanctions according to law.
Thirty-first violation of the provisions of this Ordinance, which constitutes a crime, shall be investigated for criminal responsibility by judicial organs according to law.
Article 32 These Regulations shall come into force on June 6+1October 6+1October 6, 2008. On March 18, 2004, the Administrative Measures for the Development and Utilization of New Wall Materials in Zhejiang Province issued by the provincial people's government was abolished at the same time.