SEOUL METROPOLITAN GOVERNMENT FRAMEWORK ORDINANCE ON BUILDING | |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters delegated by the Framework Act on Building and the Enforcement Decree of the same Act and matters necessary for the implementation thereof.
Article 2 (Definitions)
The definitions of terms used in this Ordinance shall be as follows: <Amended by Ordinance No. 5865, May 14, 2015>
Article 3 (Relationship with other Ordinances)
(1) Where the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") or the head of an autonomous Gu (hereinafter referred to as "head of a Gu") enacts or amends any other Ordinance related to construction, he/she shall enact or amend such Ordinance to meet the purposes and the basic idea of the Framework Act on Building (hereinafter referred to as the "Act").
CHAPTER II FORMULATION
Article 4 (Formulation, etc. of Master Construction Plan)
(1) The Mayor shall formulate and execute a master plan on construction policies (hereinafter referred to as "master construction plan") of the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") that best suits the present status and the social, economic and cultural conditions of the Seoul Government pursuant to Article 12 (1) of the Act, on a five-year basis.
Article 5 (Details of Master Construction Plan)
The following matters shall be included in a master construction plan:
Article 6 (Insignificant Changes in Master Construction Plan)
"Insignificant matters prescribed by Ordinance" in Article 4 (2) of the Enforcement Decree of the Framework Act on Building (hereinafter referred to as the "Decree") means the following:
Article 7 (Reflection of Master Construction Plan)
Where the Mayor or the head of a Gu intends to formulate or amend any kind of plan on construction, he/she shall reflect a master construction plan therein.
Article 8 (Research on Materials, etc.)
(1) The Mayor may research materials, etc. necessary for the formulation of a master construction plan, deliberation by the Construction Policy Committee, and the execution of matters prescribed by the Act, the Decree and the Ordinance, such as public space and the lifetime management of buildings, etc.
CHAPTER III CONSTRUCTION
Article 9 (Establishment, etc. of Construction Policy Committee)
(1) A Construction Policy Committee (hereinafter referred to as the "Committee") shall be established under the jurisdiction of the Mayor for deliberation of important policies in the field of construction of the Seoul Government, coordination or recommendation of construction policies among Gus or related departments, and deliberation or execution of other matters prescribed by the Act or the Decree.
Article 10 (Functions of Committee)
(1) The Committee shall deliberate on the following matters: <Amended by Ordinance No. 5865, May 14, 2015>
Article 11 (Formation of Committee)
(1) The Committee shall be comprised of not more than 30 members, including a chairperson and a vice chairperson.
Article 12 (Term of Office of Members)
(1) The term of office of a member shall be two years, and a commissioned member may be recommissioned.
Article 13 (Duties of Chairperson)
(1) The chairperson of the Committee shall represent the Committee, preside over its meetings as the chairperson, and exercise the overall control of its affairs.
Article 14 (Operation of Committee)
(1) The chairperson shall convene a meeting of the Committee.
Article 15 (Administrative Secretary, etc.)
(1) The Committee shall have an administrative secretary to handle its administrative affairs, and the head of a section (officer) in charge shall be the administrative secretary.
Article 16 (Formation, etc. of Subcommittees)
(1) A subcommittee shall be comprised of at least three members, but not more than seven members, including one chairperson.
Article 17 (Keeping of Minutes, etc.)
(1) The Committee shall prepare and retain minutes and written resolutions stating each of the following:
Article 18 (Exclusion, Recusal and Abstention of Members)
(1) Where a member falls under any of the following cases, he/she shall be excluded from deliberation by the relevant Committee:
Article 18-2 (Dismissal of Members)
Where a member falls under any of the followings, the Mayor may dismiss the relevant member:
Article 19 (Confidentiality)
No member of the Committee or person who has attended a meeting of the Committee or participated in the business thereof shall disclose confidential information he/she has learned in the course of performing his/her duties.
Article 20 (Request for Cooperation to Related Agencies, etc.)
(1) Where the Committee deems it necessary for carrying out its business affairs, it may have a related public official or related person attend a meeting of the Committee to seek his/her opinion or request him/her to submit materials.
Article 21 (Commissioning of Investigation or Research)
(1) Where necessary, the Committee may commission a related expert or related agency or organization to carry out investigation or research.
Article 22 (Allowances, etc.)
The Mayor may reimburse members who attend a meeting of the Committee and persons who attend a meeting of the Committee at the request of the Committee for allowances, travel expenses and other necessary expenses, within budgetary limits.
Article 22-2 (Reporting of Policies on Construction to Metropolitan Council)
(1) The Mayor shall prepare a report on the establishment and implementation of major policies on building works on a two-year basis, seeking opinions thereon from the Construction Policy Committee of the Seoul Government, and shall submit the report to the competent Standing Committee of the Metropolitan Council.
Article 23 (Detailed Operating Rules)
The chairperson shall determine matters necessary for the operation of the Committee or the advisory group not prescribed in this Ordinance and the Seoul Metropolitan Government Ordinance on Building, following the resolution by the Committee.
CHAPTER IV PROMOTION OF
Article 24 (Financial Support, etc. for Promotion of Architectural Culture)
(1) The Mayor may subsidize or lend money incurred in the following projects for improvement of buildings and the space environment, such as public space and the lifetime management of buildings, and for the promotion of architectural culture:
Article 25 (Securing of Funds)
The Mayor may secure funds necessary for improvement of buildings and the space environment, such as public space and the lifetime management of buildings, and for the promotion of architectural culture.
Article 26 (Applications for Support Funds and Payment thereof, etc.)
(1) A person notified of a decision of financial support pursuant to Article 24 shall file an application for support funds with the Mayor, as prescribed by Rules.
Article 27 (Interest Rates on Loans and Repayment thereof, etc.)
(1) The interest rates, conditions of support, methods of repayment, etc. of loans as part of the financial support described in Article 24 shall be prescribed by Rules, in consideration of the period of a project, interest rates of a financial institution, etc.
Article 28 (Reporting on Projects)
(1) Where a person who receives support pursuant to Article 24 intends to commence a project, he/she shall report the commencement of the project to the Mayor by not later than seven days before the commencement thereof, as prescribed by Rules.
Article 29 (Guidance and Supervision)
(1) In order to effectively push forward a project, efficiently manage and spend support funds, etc., the Mayor may request the persons concerned, such as a project developer and contractor, to report necessary matters, such as the present status of the project or the execution of funds, or to submit related materials, and have a public official under his/her jurisdiction or a person he/she designates check and inspect his/her business affairs through books, documents, etc. at his/her office or place of work.
Article 30 (Establishment, etc. of Standards for Architectural Design)
(1) Where the Mayor separately determines standards for architectural design pursuant to Article 21 (3) of the Act, he/she shall include the following matters therein:
Article 31 (Execution, etc. of Pilot Project of Architectural Design)
(1) Where a private business owner intends to obtain designation of a project he/she is promoting himself/herself as a pilot project, he/she shall file a request of designation as a pilot project with the Mayor, as prescribed by Rules.
Article 32 (Architectural Design Coordination Committee)
(1) The Architectural Design Coordination Committee pursuant to Article 20 (3) of the Decree shall be organized as follows: <Amended by Ordinance No. 5865, May 14, 2015>
Article 33 (Establishment, etc. of Seoul Architecture Forum)
(1) The Mayor may establish the Seoul Architecture Forum (hereinafter referred to as the "Forum") to support or promote policies related to construction by establishing a collaboration system with the private sector.
Article 34 (Support to Forum)
The Mayor may subsidize expenses incurred in the operation of the Forum and the promotion of its projects within budgetary limits.
Article 35 (Commissioning or Entrustment of Business Affairs, etc.)
(1) The Mayor may commission the head of a Gu to carry out the following projects concerning the improvement of buildings and the space environment and the promotion of architectural culture, or entrust the same to the head of a related organization:
Article 36 (Operation, etc. of Seoul General Architect)
(1) The Mayor may appoint a private expert who may provide consultation for establishment of space policies and strategies or opinions concerning the reinforcement of competitiveness of architectural and urban design such as generalization and coordination under Article 21 of the Decree (hereinafter referred to as ¡°Seoul General Architect¡±).
Article 37 (Operation, etc. of Public Architects)
(1) Concerning individual public project conducted in Seoul area under Article 21 of the Decree, the Mayor may entrust an expert with planning, designing, generalizing, coordinating and managing (hereinafter referred to as ¡°public expert¡±), to maintain consistency throughout the whole process of the project from planning to design, construction, maintenance and to management.
Article 38 (Dismissal of Seoul General Architect and Public Architects)
When Seoul General Architect or Public Architects fall under Article 18-2, the Mayor may dismiss such member.
Article 39 (Principals of Affairs of Seoul General Architect and Public Architects)
(1) Private experts such as the Seoul General Architect and public architects (hereinafter referred to as ¡°private expert¡± in this Article) shall endeavor to establish organic relationship and have smooth business cooperation with relevant heads of departments.
ADDENDUM <Ordinance No. 4996, Jul. 15, 2010> |