Business is booming, but who will eliminate safety hazards | Public interest litigation is around us, the load-bearing wall on the first floor was knocked down and a fresh food supermarket was opened
A fresh food supermarket located on the first floor of an old building where people come and go. In order to connect the originally separated shops, the load-bearing walls were removed many years ago. The citizens upstairs were worried, so they reported the private demolition of load-bearing walls in the supermarket to the "Benefiting the Public" Procuratorial Cloud Platform.
The private demolition of load-bearing walls is related to the safety of people's lives and property. In June this year, the public interest litigation prosecutor of the Shanghai Pudong New District People's Procuratorate received clues and immediately went to the scene to investigate. The building was built about 30 years ago. This fresh food supermarket is located on the first floor, and the second floor and above are for residential use. The two connecting walls in the middle of the supermarket were opened. Prosecutors found that this supermarket had a very good business, with many surrounding residents coming here to buy fresh food, and there were a lot of people coming and going.
After receiving the clues, prosecutors went to the supermarket many times to conduct on-site investigations
The first question that prosecutors have to solve is: Are the two walls that were broken through the "load-bearing walls" considered in the reporting clues? Therefore, the public interest prosecutor, together with the relevant responsible department personnel, organized multiple visits and investigations to review the property ownership certificate and lease contract, and learn about the room type diagram and the damage to the load-bearing structure of the house. At the same time, the administrative agency also commissioned a housing quality inspection company to detect and identify the damage to the load-bearing structure of the house involved. The results showed that the house involved was demolished and modified, and the components demolished and modified were all load-bearing components. The removal of the above components affects the safe use of the house. The above components Temporary supports should be provided to ensure safety before restoration.
"The unauthorized demolition and modification of load-bearing walls affects the safe use of the house, endangers the safety of residents upstairs and the safety of surrounding people, and damages social and public interests. The more urgent task at present is how to restore the walls and protect the lives of the people to the greatest extent Property safety." In September this year, the Pudong Procuratorate issued a procuratorial recommendation to the administrative agency responsible for supervision and management, urging them to handle the aforementioned unauthorized demolition and modification of load-bearing walls in accordance with the law and safeguard the public welfare. The administrative agencies paid great attention to it, and within a few days, the prosecutor received a plan for the rectification and repair of the load-bearing wall.
Subsequently, the Pudong Procuratorate held a public hearing to evaluate the rectification and repair plan involved in the "unauthorized demolition and modification of load-bearing walls that harmed public security and administrative public interest litigation." At the meeting, the prosecutor introduced the case handling, and the supervised administrative agency and the testing company introduced the rectification and repair plan, including that the restored wall should be restored based on the load-bearing wall demolition and modification certification report and the location and size of the demolished wall traces, and the acceptance method Mainly, units with housing inspection and appraisal qualifications will issue a "Special Assessment Report after Restoration of Load-Bearing Walls" and other contents, covering all aspects of rectification and repair.
The Pudong Procuratorate held a public hearing to evaluate the feasibility of the restoration plan
The hearing officer evaluated the scientificity and feasibility of the rectification and repair plan and the reasonableness of the rectification costs, and asked whether "there was any cracking or damage to the store involved during the inspection process" and "whether temporary supports or other safety measures are now being taken to avoid accidents." Wait for questions to be asked and learn more about the situation. After receiving professional responses, the three hearing examiners unanimously approved the rectification and repair plan.
"The problem of private demolition of load-bearing walls is common and has been banned repeatedly." Hearing officer Huang Ming said that although this case has not caused actual harm, the risk exists. Regarding the problem of load-bearing walls, none of us can take any chances. psychology. She also said that if the procuratorate can find a solution to the problem of private demolition of load-bearing walls through public interest litigation, it will be very meaningful for eliminating such public safety problems in the future.
