1 In order to standardize the heating behavior, improve the quality of heating service, safeguard the legitimate rights and interests of both parties, promote the development of central heating, save energy, protect the environment and improve people's livelihood, according to the provisions of relevant laws and regulations, combined with the actual situation of this province, the Trial Measures for the Management of Central Heating in Henan Province are formulated.
2 these Measures shall apply to the planning, construction, operation, service, use and facility protection of central heating within the administrative area of this province.
3. The term "central heating" as mentioned in these Measures refers to the behavior that steam and hot water generated by heat sources provide heat for production and life to heat users through the municipal heating pipe network.
The term "heating enterprises" as mentioned in these Measures refers to heat source units that provide heat energy for heating enterprises.
The term "heating enterprises" as mentioned in these Measures refers to the units engaged in heating operation by using the heat energy provided by the heating enterprises or produced by themselves.
The term "heat users" as mentioned in these Measures refers to the units and individuals that consume the heat energy of heat management enterprises.
4. Central heating should follow the principles of unified planning, supporting construction, safe operation, energy conservation and environmental protection, standardized service and improved people's livelihood.
5, the provincial housing and urban construction departments responsible for the province's central heating management.
The competent department of heating determined by the people's government at the city or county level is responsible for the management of central heating in this administrative area.
The development and reform, price, planning, finance, land and resources, environmental protection, quality supervision, safety supervision and other relevant departments of the people's governments at or above the county level shall cooperate with the central heating management within their respective functions and duties.
6. The people's governments at the city and county levels north of Qinling Mountain and Huaihe River shall incorporate central heating into the national economic and social development plan; Encourage other city and county people's governments to reasonably determine the heating mode according to the local actual situation.
Encourage the use of clean energy and renewable energy to develop central heating, and encourage and support the research, development, promotion and application of new technologies and materials for energy saving, high efficiency, environmental protection and safety heating.
7. Central heating is led by the government, and competition mechanism is introduced to encourage and guide social capital to participate in the construction and operation of central heating facilities.
Thermal production enterprises and thermal management enterprises should enhance service awareness, improve management level, and ensure heating quality and safe operation.
8. The people's governments at the municipal and county levels shall develop central heating systems based on cogeneration.
Heat users with stable heat sources in central heating areas and combined heating areas shall use central heat sources and shall not build decentralized coal-fired heating facilities. The original scattered small and medium-sized coal-fired heating facilities should be dismantled within a time limit.
Outside the area covered by central heating, it is encouraged to use regenerative electric boilers, gas boilers, electric heating films and air source heat pumps to replace coal-fired heating.
9, the implementation of central heating city and county heating departments shall, jointly with the development and reform, planning, land and resources and other relevant departments, according to the overall planning of cities and towns to organize the preparation of central heating planning, and after the approval of the government at the same level, reported to the competent heating department at the next higher level for the record.
The approved central heating plan shall not be changed without authorization. If it is really necessary to change, it shall be submitted for approval and filing according to the original procedures.
10, the municipal and county-level heating authorities shall, according to the local central heating planning, formulate plans for the construction of heating pipe network and the renovation of old heating pipe network, and implement them step by step, accelerate the interconnection of central heating regional pipe networks, and realize the networked operation of various heat sources.
The development of new urban areas and the transformation of old cities should build heating facilities or reserve land for heating facilities in accordance with the central heating planning. The reserved land for heating facilities shall not be occupied or changed by any unit or individual without authorization.
Heating facilities such as heating stations should keep a safe distance from residential buildings to reduce noise and environmental interference.
1 1. The thermal management enterprise is responsible for the construction and management of heating facilities outside the factory area of the thermal production enterprise and outside the red line of the overall construction land for thermal users. The heating facilities in the red line of the overall construction land for heat users shall be built by the construction unit.
12. The survey, design, construction and supervision of central heating projects shall be undertaken by units with corresponding qualifications, and the relevant national and provincial technical standards and specifications shall be implemented.
If other buildings or facilities are damaged due to the construction of central heating project, the construction unit shall timely repair or compensate according to law.
13, new residential buildings in the central heating planning area should be equipped with heating system control devices, heat metering devices and indoor temperature control devices to realize household metering; Existing houses should be gradually reformed by household heating metering. Heat metering devices shall be qualified according to law.
14. after the completion of the central heating facilities within the red line of the overall construction land for heat users, the construction unit shall organize the completion acceptance according to law. The hot business enterprise shall be informed of the completion acceptance, and the hot business enterprise shall not refuse.
After the completion and acceptance, the construction unit shall hand over the central heating facilities to the heating enterprises free of charge. During the warranty period of heating facilities, the construction unit shall perform the warranty obligations, and the thermal management enterprise shall be responsible for the maintenance and management. After the warranty period expires, the hot business enterprise shall be responsible for maintenance, management and update, and the related expenses shall be borne by the hot business enterprise, which can be included in the operating cost.
If the construction unit fails to notify the hot business enterprise to participate in the completion acceptance or the acceptance is unqualified, the hot business enterprise has the right to refuse the acceptance.
15, the people's governments at the city and county levels and their heating authorities shall, in accordance with the relevant provisions of the state, choose heating enterprises through competitive means such as bidding and competitive negotiation.
16. Thermal production enterprises and thermal management enterprises shall sign a heating contract, which mainly includes: heat load, heating parameters, heating time, cost settlement, liability for breach of contract, etc.
Heat management enterprises and heat users shall sign a heat contract, which mainly includes: heating area, heating time, temperature standard, charging standard, payment time, settlement method, maintenance responsibility of heating facilities, liability for breach of contract and other matters agreed by both parties.
17, the starting and ending time of heating is determined by the people's government of the city or county according to local conditions. The heat management enterprise shall provide heat according to the determined starting and ending time, and shall not change it without authorization.
In case of abnormal low temperature, the people's government of the city or county may decide to provide heating in advance or postpone stopping heating, and give appropriate subsidies to the expenses incurred by providing heating in advance or delaying stopping heating.
In residential areas with heating conditions, if the number of households applying for heat reaches the number stipulated by the local people's government, heat will be provided by heat management enterprises.
18, central heating by the provincial city and county (city) people's government in accordance with the relevant provisions of the implementation of government pricing. Thermal power enterprises shall implement the heating price set by the government and shall not raise it without authorization.
When setting and adjusting the price of central heating, a hearing shall be held to listen to the opinions of heat management enterprises, heat users and other relevant parties.
19. For heat users with household heat metering conditions, heat management enterprises shall charge according to household heat metering. For heat users who do not have household heat metering conditions, they are charged according to the heating area and the actual heating days. Heat users shall pay the heat fee in time according to the heat contract. Hot business enterprises should use modern technology to provide various convenient payment methods for hot users; If financial institutions or other units are entrusted to collect heat fees, they shall inform the heat users. Units that charge heat fees shall not charge extra fees such as handling fees to heat users, and shall not set restrictions. If additional fees are charged or restrictions are set, the hot business enterprise shall deal with them in time.
20. Thermal production enterprises and thermal management enterprises shall have the heating conditions before the start date of heating 15.
When conducting water filling pressure test before the heating period, the heat management enterprise shall notify the heat users and relevant units 5 days in advance, and the heat users and relevant units shall cooperate. If the heat user refuses to cooperate without justifiable reasons, causing losses, the heat user shall bear the responsibility.
2 1. If the heat user fails to pay the heat fee within the time limit, the heat management enterprise may make a reminder; If it has not been paid after two reminders, the heat management enterprise may suspend heating without damaging the legitimate rights and interests of other heat users. If a heat user pays the heat fee and the heat management enterprise resumes heating, it shall charge the heat fee according to the actual number of days of the heat user or the actual heat consumption.
If the heat management enterprise needs to refund the heat fee or the heat user needs to pay the heat fee, it shall settle it within 2 months after the end of the annual heating period.
22. In case of any dispute over the heating metering results, both parties may entrust a statutory metrological verification institution for verification, and the verification fee shall be borne by the responsible party, and the applicant shall bear the responsibility if there is no responsible party.
23, hot business enterprises shall not be closed, closed without authorization; If it is really necessary to suspend business, it shall reach an agreement with the municipal or county-level people's government or its competent heating department six months before the start of heating in that year, properly arrange the heat users, heat fees and facilities management and protection within the heating range, and complete the handover of heating facilities, technical files, user information, heat fees and other matters with the undertaking heat management enterprises three months before the start of heating in that year.
24, hot business enterprises should establish a heating service commitment system, announced to the public the charging standards, service content, service standards and procedures, set up emergency rescue, emergency repair and service telephone, to ensure 24-hour uninterrupted service during heating.
Heat users have the right to complain or inquire about heating charges, heating services and other matters to the heat management enterprises. The thermal management enterprise shall handle or reply in time. If it cannot be handled or answered on the same day, it shall be handled or answered within 2 days.
25. During the heating period, thermal production enterprises and thermal management enterprises shall provide continuous and stable heating in accordance with the contract, and shall not interrupt or stop heating without authorization.
If it is necessary to stop heating for more than 8 hours due to the failure of heating facilities, the heating business enterprise shall promptly notify the heat users, immediately organize emergency repair, and report to the competent heating department. If the heat is stopped continuously for more than 12 hours, the heat management enterprise shall check the heat reduction fee accordingly according to the heat stop time.
26. During the heating period, the heat management enterprise shall ensure that the room temperature of the bedroom and living room (hall) with heating facilities for residents' heat users is not lower than 65438 08℃, and the room temperature of other parts with heating facilities shall meet the requirements of the national residential design code.
The room temperature of non-resident heat users shall meet the national standards or be agreed by the heat management enterprise and the heat users in the contract.
27. If the heat user thinks that the indoor temperature is not up to standard, he can ask the heat management enterprise to carry out temperature testing, which shall be carried out within 12 hours, and the test results shall be signed by both parties for confirmation; If there is any objection to the test results, it can be entrusted to an institution with room temperature testing qualification recognized by both parties for testing.
If the room temperature is not up to standard due to non-thermal users since the date when thermal users put forward the temperature detection requirements, the thermal management enterprise shall bear the detection expenses; If the room temperature is not up to standard for more than 48 consecutive hours, the heating fee shall be reduced or exempted in accordance with the regulations. If the indoor temperature is lower than 18℃ (excluding 18℃) and higher than 14℃ (including 14℃), the daily heating fee will be charged by half; If the indoor temperature is lower than 14℃ (excluding 14℃), the heating fee will be exempted on a daily basis. Except 5 days after heating starts and 5 days before heating ends.
28. When the indoor heating facilities of heat users are inspected and maintained, the heat management enterprise shall inform the heat users of the date of inspection and maintenance in advance, and conduct on-site inspection and maintenance at the agreed time. The staff of a heat management enterprise shall wear uniform signs when inspecting and maintaining the indoor heating facilities of heat users, and take the initiative to show valid certificates to heat users.
29, for special care recipients, families enjoying the minimum living allowance for residents and other groups with special difficulties, the heating fee subsidy system shall be implemented. The specific measures shall be formulated by the municipal and county people's governments.
30. Heat users have the right to complain about the quality, service and charges of heating to the relevant departments of heating and price at or above the county level, and the relevant departments shall handle it within 7 days from the date of receiving the complaint and inform the complainant.
3 1, heating should implement the integrated management system of heating pipe network, heating station and heat users, and be directly supplied to households by heat management enterprises.
32. The heat management enterprise shall be responsible for the management and maintenance of the heating facilities invested by it to ensure its safe and stable operation during the service period.
The management and maintenance of outdoor (outside the heat user's wall) and indoor (inside the heat user's wall, the same below) heating facilities for residents shall be the responsibility of heating enterprises.
Residential heat users are responsible for the management and maintenance of indoor non-heating facilities; Need to update, the cost borne by the hot users.
The management and maintenance of heating facilities for non-resident heat users shall be agreed upon by both heat management enterprises and heat users.
33. Thermal production enterprises and thermal management enterprises shall regularly inspect, repair, maintain and update the heating facilities under their management, so as to ensure the sound and safe operation of the heating facilities. Important heating facilities shall be provided with obvious and unified safety warning signs, and corresponding safety guarantee measures shall be taken.
No unit or individual may damage or modify, dismantle or transfer public heating facilities and safety warning signs without authorization. If it is really necessary to modify, dismantle or relocate, it must be approved by the thermal production enterprise or thermal management enterprise with management responsibility, and shall not affect the heating quality.
34. The competent heating department at or above the county level shall, jointly with the departments of quality supervision and safety supervision, delimit the safety protection scope of heating facilities in accordance with the relevant national standards and norms, and the thermal production enterprises and thermal management enterprises shall set up the boundary signs of safety protection scope.
Within the scope of safety protection of heating facilities, no unit or individual may carry out the following acts:
(1) Buildings (structures);
(2) Digging, digging and piling;
(3) Blasting operations;
(four) other acts that affect the safety of heating facilities.
35, hot users shall not have the following acts:
(a) unauthorized removal, connection or partition of heating facilities;
(2) installing a hot water circulation device;
(3) obtaining heat energy from heating facilities;
(four) unauthorized changes in heat metering and temperature control facilities or open the lock valve;
(five) other acts that damage heating facilities or affect the use of heat for heating.
If the room temperature is not up to standard due to the above behavior of heat users, the heat management enterprise shall not be responsible. If the heat user refuses to correct after being told, the heat management enterprise may stop its heating. If losses are caused to other heat users or heat management enterprises, heat users shall be liable for compensation according to law.
36, the people's governments at the city and county levels shall establish and improve the emergency support system for central heating, organize the preparation of emergency plans for central heating accidents in their respective administrative areas, and improve the emergency support capacity for central heating; In case of emergency such as heating interruption, emergency measures shall be taken in time to restore heating as soon as possible, and relevant units and individuals shall cooperate.
37. Thermal production enterprises and thermal management enterprises shall formulate emergency plans for emergency repair of heating accidents, establish a repair team that is suitable for ensuring heating safety, and be on duty 24 hours during the heating period. After discovering a heating accident or receiving a heating accident report, it shall immediately arrive at the scene to organize emergency repair, and report to the competent heating department in a timely manner in accordance with the regulations.
38, heating facilities failure need emergency repair, thermal production enterprises or thermal management enterprises can organize construction and report to the public security, urban road management department; After emergency repair, the occupied site should be restored to its original state immediately.
Due to the leakage of indoor heating facilities of residential heat users, which has a serious impact on public safety or the interests of other households, the heat management enterprise shall immediately take emergency measures and notify the relevant heat users in time.
39, in violation of the provisions of these measures, the heating departments at or above the county level and other relevant departments have one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to prepare the central heating plan in accordance with the provisions or changing the approved central heating plan without authorization;
(two) not in accordance with the relevant provisions of the state through bidding, competitive negotiation and other competitive ways to choose hot commercial enterprises;
(three) to formulate and adjust the price of central heating without holding a hearing to listen to the opinions of heat management enterprises, heat users and other relevant parties;
(four) after receiving the complaint about the heating problem, it is not processed within 7 days and the complainant is informed;
(five) failing to delimit the scope of safety protection of heating facilities in accordance with relevant national standards and norms;
(six) other acts that do not perform their functions and powers according to law.
40, in violation of the provisions of these measures, thermal production enterprises, thermal management enterprises have one of the following acts, given a warning by the heating authorities at or above the county level, and ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of 6.5438+0 million yuan and 50,000 yuan shall be imposed; If losses are caused to heat users, they shall be liable for compensation according to law:
(a) not in accordance with the local people's government to determine the starting and ending time of heating;
(two) do not have the heating conditions and the number of households applying for heating has reached the number of heating specified by the local people's government;
(three) heat users with household metering conditions do not charge heat fees according to household metering heat;
(4) Failing to settle the heat fee to be refunded to the heat users within 2 months after the end of the annual heating period;
(five) accepting complaints or inquiries from hot users, and failing to handle or reply in accordance with the provisions;
(6) Interrupting or stopping heating without authorization during the heating period;
(seven) continuous heat stop for more than 12 hours, not according to the heat stop time nuclear heating fee;
(eight) since the date when the heat users put forward the temperature detection requirements, the indoor temperature is not up to standard due to the heat users, and the detection fee is not borne, or the indoor temperature is not up to standard for more than 48 hours, and the heat fee is not reduced or exempted in accordance with the regulations;
(nine) failing to set up safety warning signs or boundary signs of safety protection scope of heating facilities in accordance with the provisions of these measures;
(ten) found that the heating accident or after receiving the report of the heating accident did not immediately arrive at the scene to organize emergency repair.
4 1, in violation of the provisions of these measures, heat management enterprises and units that charge heat fees do not implement the heating price set by the government, charge extra fees or set restrictions, and the price departments at or above the county level shall be punished according to law.
42, in violation of the provisions of these measures, the relevant units and individuals damage or unauthorized modification, removal, relocation of outdoor public heating facilities or safety warning signs, building (structures) within the scope of safety protection of heating facilities, digging holes, taking soil, piling, blasting operations or other acts endangering the safety of heating facilities, the heating authorities at or above the county level shall order them to restore to the original state or compensate for the losses, and the unit shall compensate more than 6,543,800 yuan.
43, in violation of the provisions of these measures, heat users have one of the following acts, which have a serious impact on the safety of the public or other heat users, and the competent heating department at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 2000 yuan 1000 yuan will be imposed on the unit heat users, and a fine of more than 1000 yuan will be imposed on the residents heat users in 200 yuan; If losses are caused, it shall be liable for compensation according to law:
(a) unauthorized removal, connection or partition of heating facilities;
(2) installing a hot water circulation device;
(3) obtaining heat energy from heating facilities;
(four) unauthorized changes in heat metering and temperature control facilities or open the lock valve;
(five) other acts that damage heating facilities or affect the use of heat for heating.
Legal basis:
All provisions of the Trial Measures for the Administration of Central Heating in Henan Province.