Analysis of Several Measures to Strengthen Property Fire Management

Property management refers to the activities of the property management company in the maintenance and repair of various types of residential properties in the city as well as its supporting facilities, equipment and greening, sanitation, transportation, security, firefighting, and environmental protection. Ensuring the safety of life and property of property owners and property owners within the management area is a basic content and work of property management, and the status and weight of fire safety management in the management of life and property safety is a top priority. However, there are still many problems that need to be resolved in the fire safety management of the property in the southwestern Qianzhou Prefecture. Therefore, to further promote property fire safety management, it is necessary to establish and improve the property management service system and operation specification system as soon as possible to form a booming real estate economy with the current Residential commercialization and socialization adapt to the new property management model.

I. Problems in fire safety management of real estate service companies

(I) The degree of emphasis is not enough. Some property service companies are heavy-duty, light-duty and safe. They focus on the eyesight, light and long-term, and require minor repairs and light maintenance. Their energies, manpower, financial resources, and material resources are mostly placed on property management, fee collection, environmental sanitation, public security precautions, and ordinary hydropower maintenance. , Ignored the routine maintenance of public firefighting facilities and daily inspections of fire safety, resulting in incomplete internal fire safety systems in property service companies, unclear institutions, unclear responsibilities, fire duty shifts, inspections, maintenance losses, and vacancy.

(b) The subjective awareness is not strong. Some property management companies have overemphasized "services" for owners and property users, do not want to control or dare to control fire safety problems, property repair liabilities for real estate development companies and construction units, and inspection and maintenance units for building fire protection facilities. The dependence is large, the autonomy and self-discipline of owners and business premises and the guidance and intervention of the administrative department have high anticipation value, resulting in lax attention to the owner's entry decoration and use, inadequate follow-up service management, and failure to repair and repair the fire facilities. There are problems, push, drag, happy to see the "unclear responsibility" state, can not take the initiative to implement management, actively solve the problem, have the courage to take responsibility.

(c) The management level is weak. At present, most of the property service companies engaged in fire protection management are fire control rooms on duty, and security and water maintenance personnel have more part-time jobs. In addition to the fire control room staff on duty in accordance with national laws and regulations, special training for fire protection training is held, the rest are basically not After a special firefighting training, the personnel involved in fire control management do not have basic firefighting knowledge, can not find fire hazards, do not understand the basic methods of building firefighting facilities functions and inspection, maintenance and operation, coupled with the low salary and poor responsibility of property service personnel. Fire management is almost "blank."

(d) lack of maintenance funds. According to the “Property Law” and related regulations, the fees required for property management companies to implement fire control management mainly come from the property service fees paid by the owners. The fees for property services follow the principles of reasonableness, openness, and cost and service levels. However, in real life, property companies The services provided cannot meet the requirements of the owners. The service quality is not proportional to the property charges and is the core of the property disputes. As an owner, property owners often refuse to pay property fees as their own means of safeguarding their rights. Long-term backlogs and underpayments cause greater pressure on property service companies. They have to reduce their expenditures and compress their management projects, resulting in a decline in service quality and a vicious circle. In addition, although commercial housing, after-sale public housing, and other special maintenance funds can be used to repair, update, and renovate the shared parts and equipment after the expiration of the warranty period, the conditions and procedures for use are complex and can be used successfully. In reality, it is rare to see that there is no capital. Property management companies are also incapable of rectifying some hidden problems.

II. Analysis of the reasons behind the problems in fire safety management of real estate service enterprises

The reasons for the above problems are many, both at the legal and policy level, and also at the reasons of the social management methods under the commodity economy. They involve various legal relationships, such as the property rights system, contractual relationships, administrative management, and owners’ autonomy. . The analysis of its specific reasons mainly includes the following aspects:

(1) The overall level of property management development is not high. According to China's "Property Law" and "Property Management Regulations" designed model, the owner of the building within the housing, business housing and other proprietary parts of the ownership of the common part of the exclusive part of the common and joint management rights. All owners form an owners' assembly to represent and safeguard the legitimate rights and interests of the owners in property management activities and elect the owners' committee as their executing agency. Property management companies are all owners decided to hire, subject to the owners entrusted with property management, property services companies and owners of the community is a contract on the commission. If a realty management company fails to perform the stipulations of the realty service contract, resulting in damage to the owner's personal and property safety, it shall bear corresponding legal responsibilities according to law. The current situation is that many building communities do not establish owners' conferences at all, and it is even rarer to sign property service contracts with property service companies in the name of the owners’ meeting. It is often the developers who choose what they consider to be suitable property service companies, or even “combine construction and management”. In addition to the self-defense awareness of the owners’ self-improvement, the “providing more things than one less thing” and “sitting along the windy ship” and other ideas, do not participate in, and do not fight for, property management companies are not merely “housekeepers” for everyone, but instead produce people. A service item, service standard, and charge item all have the final say, and they only receive the feeling that money is not served. The absence of such a right subject, the unequal status of the two parties, and the fact that the service provider has become a manager are the most basic and in-depth reasons for the low level of property service.

(2) The responsibilities of fire service management for property service enterprises are not clearly defined. In the administrative legal system, Article 18 of the "Fire Protection Law" stipulates that "property service enterprises in residential areas shall maintain and manage common fire protection facilities within the management area and provide fire safety protection services", "authorities, groups, enterprises, undertakings The tenth article of the “Administrative Regulations on Fire Safety Management” also stipulates that “the property management unit of a residential area of ​​a residential area shall perform the following fire safety responsibilities within the scope of management: (1) formulating a fire safety system, implementing fire safety responsibilities, and carrying out fire safety publicity and education; Carry out fire inspections to eliminate potential fire hazards, and thirdly, ensure that the evacuation passages, safety exits, and access to fire trucks are unblocked, and fourth, ensure that public fire safety facilities, equipment, and fire safety signs are intact and effective, and other property management units should be in the public area within the scope of the entrusted management. Fire safety management is responsible.” While the commissioning of property fire management in civil contracts is often very sketchy (see the “pre-property service contract” and “property management contract” model text designed by the construction administrative department) as a service for the owner. Responsible for the owner Lai property service charges and property services businesses to survive, tend to be more valued in the "faithful" to perform the contract, which does not correspond to the content of specific duties and responsibilities of the administrative civil contract makes the property services business fire management responsibilities for their own vague, watered down.

(3) The legal accountability and dispute resolution channels are not smooth. For example, problems such as damage to building fire-fighting facilities, occupying fire-fighting vehicle passages, blocking closed staircases, and unauthorized changes in the nature of the use of buildings, etc. From the perspective of administrative legal relations, violations of fire laws and regulations should be investigated for administrative responsibilities. However, many behaviors are not directly attributed to real estate service companies. Real estate service companies have also discouraged and stopped them. At most, they are the management responsibilities. Punishment of property management companies only seems to be unreasonable; law enforcement agencies are required to use them for numerous owners or properties. It is easier to implement punishment directly. In terms of civil relations, the behavior of the actor violates the neighboring rights of other owners and poses a potential danger to the personal and property safety of others. Right holders can seek relief through civil lawsuits, but the concept of coexistence in traditional Chinese neighborhood relations. Factors such as the cycle of civil lawsuits, costs, and enforcement pose many obstacles to the final resolution of the problem. This is a very important reason for many concrete problems, specific hidden dangers, and the handling of specific disputes.

(4) The government intervention and intervention are simple and inefficient. The intervention or intervention of the government is an important means in the case of non-standard market operations and the lack of awareness of the autonomy of the rights subjects to ensure the implementation of the system and safeguard the public interest. Specifically, in the field of fire management, when the fire safety responsibility system has not been fully implemented and the socialized fire protection work network has not been fully formed, the society and the unit rely on the fire supervision and law enforcement actions of the public security organ's fire control organization, and the focus of the fire supervision target is The supervision and inspection methods and priorities of fire protection and the configuration of fire police force make the fire control agency unable to implement too many supervision and management of the property community. Even if the inspection finds a problem, it can only require the property service company to urge the solution, and not to fall into the real estate developer. , property management companies, owners, neighbors, etc., have complicated and intricate interest disputes with each other. Therefore, the intervention of the government and its functional departments in the settlement of specific problems tends to appear superficial and even passive. Understanding and dissatisfied, the specific hidden problem solving efficiency is not high.

(e) The use of property fire maintenance costs is not transparent or smooth. Property management companies accept the entrustment of the owners to repair, maintain, operate, and manage the shared fire-fighting facilities and equipment. The funds needed come from the property service fee (but the current management of fire-fighting facilities also includes regular inspection, maintenance, and remote urban fire control. There are no stable protection channels for the operation and monitoring of the monitoring system. If maintenance, renewal and renovation are required, special maintenance funds shall be used. The special maintenance funds are jointly deposited by the owners and owned by the owners. Their decision-making rights are used by the owners. Owners who require proprietary buildings that account for more than two-thirds of the total area of ​​the building and account for more than two-thirds of the total number of the owners are adopted for discussion, or pass the scheme of use through the owners’ general meeting according to law, and are then reviewed by the government’s (real estate) authority. After agreeing or filing with them, they will be transferred. There are two key points here. On the one hand, it is necessary to clarify the responsibilities and standards for the daily maintenance of property fire services, and the specific circumstances in which special maintenance funds need to be used. Only in this way can the specific problems be identified, which are the causes of the owners or some of the owners themselves, and which It is a condition that the management of real estate service enterprises is not in place, and which are the conditions for the actual use of special maintenance funds (Decree No. 165 of the Ministry of Construction and the Ministry of Finance specifies the Measures for the Administration of Special Maintenance Funds for Houses). Four types of expenditures are included in the special funds. Otherwise, the government functional departments of the parties, including the regulatory funds, have different levels of understanding. The discussion or review will not be passed. On the other hand, there must be a double majority (two two-thirds) in the procedure. ) Owners or owners of the General Assembly to discuss and pass, there are no difficulties in this one is the organizer, the second is that most do not actively participate in, and the third is difficult to adjust the shape of the agreement is not desirable. There are currently no mature mechanisms, systems, or practices in these two key points. Therefore, many building firefighting facilities are completely paralysed and their long-term success cannot be resolved in time. The fundamental reason is that there is a lack of funds or there is no money to spend.

Third, to strengthen the property fire management measures

From the above analysis, it can be seen that the legal relationship of real estate fire management is very extensive and complex. It involves the rights and obligations of the owner and the user of the building to distinguish the ownership from the neighboring relationship, the rights and obligations of the owner’s conference and the owners’ committee, and the development of the building. The rights and obligations of the construction unit, the rights and obligations established by the realty service enterprise in accordance with the realty service contract, and the authorities and responsibilities of the government, the competent authority, and the relevant functional departments. The measures for seeking to improve the quality of fire management in the property should also be comprehensively planned, taken into consideration, involved by all parties, and jointly managed.

(1) Improve owners' self-government organizations and improve owners' autonomy. It should widely publicize property rights and property management legal knowledge. In line with the principle of who uses benefits and who is responsible for management, it guides and helps the property community to establish a wide range of owners’ conferences and elects owners’ committees as the interests community and spokesperson of all owners, standing alone, Leading position, exert self-governance and self-discipline, rationalize the relationship between the owner and the property service company, and the owner consciously safeguards the public fire safety order, and at the same time supervises the fire service management quality of the realty service enterprise. Of course, to do this job well, the government must take the lead.

(2) To clarify the responsibilities and standards of fire management for property service enterprises. On the basis of existing fire safety laws and regulations, public security agencies, housing, and urban and rural construction departments may jointly issue departmental regulations for the fire safety management measures of real estate service enterprises, clarify the specific duties and accountability methods for fire control management of real estate service enterprises; Sexual or guiding standards to determine the specific standards for fire management of property service enterprises, including fire safety responsibilities of various positions, fire organization organizations, fire control systems, fire protection and drills, fire facilities management, fire exits and safety exit management, fire inspections, The supervision of fire hazards, rectification, fire alarms and disposals shall be detailed and easy to operate; the demonstration text of the fire safety management contract for real estate services shall be formulated, or be included in the general demonstration text or specifically included in the fire management scope and quality.

(3) Vigorously improve the awareness of fire control management and management capabilities of real estate service enterprises. The functional departments and agencies such as safe production, social security comprehensive control, and construction (real estate) administrative departments shall cooperate with the public security fire fighting departments and grassroots governments and grassroots self-government organizations such as townships, subdistrict offices, and village (village committees) to be multi-directional and multi-channel. Supervise and guide property management companies to carry out firefighting management so that they fully establish the awareness of management and sense of responsibility. To include the property management company's fire management capabilities into the contents of the property management company qualification review, incorporate the knowledge and skills of fire protection into the qualifications for the qualification examination and security training of the property management division, and strengthen the fire safety training for the responsible personnel of the property management company and the fire protection management personnel. Until the development of fire management personnel required property management must go through fire safety professional training or to the property service company stationed in fire safety management division.

(4) Effectively strengthen the supervision and inspection of the quality of fire service management in real estate service enterprises. Taking high-level, underground, commercial, personnel-intensive, and automatic fire-fighting facilities as the key elements, the corresponding property service enterprises are included in the scope of supervision and spot checks as random inspection targets and responsible parties, and random checks are conducted to prevent uncontrolled leakage. The construction of firefighting facilities, evacuation passages, safety exits, and passage of fire engines are the key contents, and the illegal inspection and punishment of fire safety violations by property management companies in public fire control is strictly conducted. In particular, unauthorized closing and shutting down of fire control facilities, unauthorized changes or consent to change buildings As for the nature of use of the place and place, and other fire hazards caused by intentional or gross negligence, they must be ordered to make corrections and strictly punished according to law. At the same time, for unreasonable obstruction and refusal to cooperate with owners or property users encountered in the maintenance of public fire safety order by property management companies, they must perform duties such as firefighting education and supervision and law enforcement on the relevant persons in charge, and support property management companies. Service and management, while educating and warning the public.

(5) To specify the methods for collection, payment and management of property fire management fees. In the property service charges, the daily maintenance and management fees for fire protection shall be listed separately. The scope, conditions, procedures and standards of expenditures for fire protection management shall be specified in the realty service contract, and in particular the sources of costs for third-party firefighting technology inspection, maintenance, remote monitoring and other services shall be specified. And expenditure standards, defining in detail the circumstances and differences of projects that require the use of special maintenance funds for routine aging and replacement of equipment and equipment, repairs and overhauls, repairs, updates, and renovations. For firefighting facilities, serious faults, etc., should be regarded as an emergency jeopardizing the safety of the house. The owners, realty service companies and related functional departments must pay great attention to simplify the procedures and links for special maintenance funds and ensure timely restoration of the building firefighting facilities. Public fire safety. At the same time, at the higher levels of legislation and policies, it is also necessary to explicitly involve the management of public fire safety and the maintenance of facilities, the rush of safeguards for renewed funds, the implementation mechanism, the supervision mode, and the control measures.

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