Does the net width of the entrance door include the thickness of the door frame and door panel? Owners and developers fight lawsuit

□Dahe News·Dahe Client Reporter Zhou Guangxian\’s text and pictures

According to the national \”Code for Fire Protection Design of Buildings\”, the clear width of the entrance door of a residential building should not be Less than 0.9 meters. Believing that the minimum width of the entrance door of her home is only 0.82 meters, which does not meet the national standards. Ms. Yang, the owner of a community in Zhongmou County, took the community developer to court and asked the court to order the developer to replace the owner with one that complies with national regulations. Entry door and compensate for corresponding losses. On the afternoon of October 27, the Zhongmou County Court held a public hearing on the case. During the court hearing, the developer believed that the width of the owner\’s entrance door complied with national regulations.

Believing that the entrance door is not wide enough, the owner took the developer to court

“The clear width of the entrance door definitely refers to the distance at the narrowest point when the human body passes through the entrance door. No matter how wide the door opening is, the inner frame of the door will not affect the escape speed in case of fire. Look at my door, the distance at the narrowest point for the human body to pass is only 0.82 meters. \”On the morning of October 27, in China. In front of the entrance door of a community in the southeast corner of the intersection of Lubo Avenue and Guanghui Street in Mou County, the owner, Ms. Yang, held up a ruler and said that she purchased a house in the community in July 2018 and the house was handed over on December 31, 2019. , after handing over the house, she always felt that the entrance door was a bit narrow, which made it inconvenient to take things back and forth. She took a ruler to measure and found that the narrowest part of the door frame was only 0.82 meters.

Does this width meet the national technical requirements? Ms. Yang checked the national standard \”Code for Fire Protection Design of Buildings\” and found that the \”Code\” requires that the clear width of the entrance door should not be less than 0.9 meters. This regulation is still mandatory. Based on this, she asked the developer of the community to replace her entrance door with one that complied with national standards, but the developer said that the clear width of Ms. Yang\’s entrance door complied with national regulations and would not be replaced. On July 6, 2020, she reported this situation to the Zhengzhou Mayor Hotline. On July 8, the Zhongmou County Housing and Urban-Rural Development Bureau reported to her that during the acceptance inspection, the net width of the entrance door was in compliance with the national standards. According to the regulations, it was verified that the construction unit replaced the entrance door on its own after the bureau\’s acceptance.

Ms. Yang said that previously, she had seen a case where the clear width of the entrance door of a residential community in Zhongmou County was only 0.8 meters. However, the Zhongmou County Housing and Urban-Rural Development Bureau failed to provide the developer with the fire safety inspection during the fire inspection. The owner has issued a fire protection acceptance certificate. Agreeing with this qualified opinion, the Zhengzhou Urban and Rural Development Bureau applied for administrative reconsideration. After review, the Zhengzhou Urban and Rural Development Bureau determined that the evidence for the Zhongmou County Housing and Urban-Rural Development Bureau to determine that the developer\’s fire protection acceptance was qualified was insufficient, and revoked the Zhongmou County Housing and Urban-Rural Development Bureau\’s fire protection acceptance in accordance with the law. Certificate of conformity. Later, the developer of the community filed a lawsuit with the Zhongyuan District Court to revoke the administrative review decision of the Zhengzhou Urban and Rural Development Bureau. After trial, the Central Plains District Court determined that the administrative reconsideration decision issued by the Zhengzhou Urban and Rural Development Bureau had clear facts and sufficient evidence, and rejected the developer\’s lawsuit in accordance with the law.

According to this case and the reply from the Zhongmou County Housing and Urban-Rural Development Bureau, Ms. Yang once again asked the developer to replace her entrance door that met national standards but was still refused.. In desperation, she filed a lawsuit with the Zhongmou County Court, requesting the court to order the developer to replace her entrance door with one that meets national standards.

The two sides have different opinions on how to calculate the clear width of the entrance door

On the afternoon of October 27, the Zhongmou County Court held a public hearing on the case.

During the trial, Ms. Yang once again asked the developer to replace her entrance door with one that complies with national width standards as soon as possible. However, the developer\’s agent believes that the \”Code for Fire Protection Design of Buildings\” stipulates that the net width of the entrance door of a residential building should not be less than 0.9 meters. Combined with the illustration of the \”Code\”, it can be seen that the width of the entrance door of a residential building The clear width indicates the width of the door opening. The net width of the entrance door of Ms. Yang\’s home is 1.06 meters, which fully complies with the provisions of the \”Code for Fire Protection Design of Buildings\”. Before handing over the house, in order to improve the quality of the house purchased by the owner, the developer installed thicker door frames and door panels. Even in this case, the width of the entrance door was 0.96 meters, which still complied with the provisions of the \”Building Design Fire Protection Code\” of.

The developer’s entrusted agent said that on December 5, 2019, the Zhongmou County Housing and Urban-Rural Development Bureau reviewed relevant information and on-site acceptance tests, and comprehensively assessed that the fire protection engineering of the community was qualified. Naturally, the clear width of Ms. Yang\’s entrance door also complies with the provisions of the \”Building Design Fire Protection Code\”. Therefore, Ms. Yang\’s request has no factual and legal basis, and we implore the court to reject it in accordance with the law.

After the trial, the court did not pronounce the verdict in court.

“The key reason why this case occurred is that the clear width of the entrance door in the \”Building Design Fire Protection Code\” refers to which part of the door. The regulations are not clear, specific, and unclear, so that Many disputes have arisen in practice. It is recommended that the developer of this standard issue a clear, specific and unambiguous standard as soon as possible to avoid more disputes, which can effectively save administrative and judicial resources.\” A legal worker in Zhengzhou City. Mr. Li said.

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Source: Dahe.com