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Busan Metropolitan City Framework Ordinance on Building

By Architecture Coordination Dec 8, 2022 568  Views
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Busan Metropolitan City Framework Ordinance on Building

Responsible Division: Urban Planning Office Building Policy Division,
Building and Housing Bureau

Partially Amended by Ordinance No. 6134, May 27. 2020

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to prescribe such matters as delegated by the Framework Act on Building and the Enforcement Decree of the Framework Act on Building and those necessary for its enforcement.
  • Article 2 (Establishment of Building Basic Plan)
  • ① The Busan Metropolitan City building basic plan under Article 12 ① of the Framework Act on Building (hereinafter referred to as the “Act”) shall include the following matters: <Amended on Jul. 11, 2018>
    • 1. Long-term visions, basic purposes, and promotion directions of building policies;
    • 2. Matters concerning the realization of social and cultural fairness of buildings;
    • 3. Matters concerning the enhancement of cultural and industrial competitiveness of buildings;
    • 4. Matters concerning knowledge development in the area of buildings and development, support, and management of human resources;
    • 5. Matters concerning design standards, model businesses, public offerings of design, etc. for the improvement of public design and the urban scenery;
    • 6. Matters concerning the preservation of cultural heritages of regional buildings and excellent buildings;
    • 7. Matters concerning sustainable buildings such as energy conservation and environmental friendly ones;
    • 8. Matters concerning making inroads overseas and international exchanges relating to buildings;
    • 9. Matters concerning the establishment of infrastructure and enhancement for building culture;
    • 10. Matters concerning even education, promotion, and participation by gender and age to promote citizens' understanding of architecture; <Amended on Jul. 11, 2018>
    • 11. Matters concerning financial support for the promotion of building culture;
    • 12. Matters concerning survey and reflection of building use characteristics by gender and age <Newly Inserted on Jul. 11, 2018>
  • ② Such insignificant matters as prescribed by the ordinance of the local government under Article 12 ③ of the Act and Article 4 ② of the Enforcement Decree of the Framework Act on Building (hereinafter referred to as the “Decree”) shall be the matters falling under Article 1, 5 to 12. <Amended on Jul. 11, 2018>
  • Article 3 (Building Policy Committee)
  • ① In order to deliberate important policies in the field of buildings in Busan Metropolitan City and to implement other matters prescribed by the Act and subordinate statute, the Busan Metropolitan City Building Policy Committee (hereinafter referred to as the "Building Policy Committee") shall be established.
  • ② The Building Policy Committee shall consider each of the following matters:
    • 1. Matters concerning the establishment and implementation of the basic building plan;
    • 2. Matters concerning the improvement of building administration;
    • 3. Matters concerning projects and activities to create a foundation for architectural culture;
  • ③ The Building Policy Committee shall consist of not more than 35 members, including one chairman and one vice chairman. <Amended on Apr. 1, 2020>
  • ④ The chairperson shall be nominated by the mayor from among the commission members, the vice-chairman shall be chosen from among the members, and the commissioners shall be commissioned or appointed by the mayor from among the following persons: <Amended on Apr. 1, 2020>
    • 1. Member of Busan Metropolitan City Council;
    • 2. Public officials of level 4 or above belonging to the city;
    • 3. A person with extensive knowledge and experience in architecture and city.
  • ⑤ The chairperson shall represent the Architectural Policy Committee, oversee the work of the Architectural Policy Committee, and convene meetings of the Architectural Policy Committee. However, if the chairperson is unable to perform his duties due to unavoidable reasons, the vice chairman shall act on his behalf, and if both the chairman and the vice chairman are unable to perform their duties due to unavoidable reasons, a member appointed in advance by the chairperson shall perform the duties on his behalf. <Amended on Apr. 1, 2020>
  • ⑥ The Building Policy Committee shall vote by the presence of a majority of the members present and by the vote of a majority of the members present.
  • ⑦ The term of office of a member shall be two years, but he may serve one consecutive term.
  • ⑧ Matters necessary for the operation of the Building Policy Committee, except those set forth in this Ordinance, shall be determined by the Chairperson after a vote of the Building Policy Committee.
    [This Article Wholly Amended on Apr. 10, 2019]
  • Article 4-2 (Report to the Building Policy City Council)
  • ① The Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") prepares a report on the establishment, implementation of major policies on construction after hearing the opinions of the Building Policy Committee and submit it to the Standing Committee under the jurisdiction. <Amended on Apr. 10, 2019>
  • ② The report referred to in paragraph ① shall include the following:
    • 1. Matters concerning the establishment and implementation of the Busan Metropolitan City Basic Plan and achievements;
    • 2. Matters concerning the improvement of the system for the creation of architectural culture foundation;
    • 3. Matters concerning measures, projects, and financial support for the promotion of architectural culture;
    • 4. Other important matters about construction;
  • ③ The mayor may, if necessary for the preparation of reports pursuant to paragraph ①, investigate statistics on construction, the status of buildings, the level of awareness and expectations of construction, and other data necessary for each subparagraph of paragraph ②.
    [This Article Newly Inserted on Nov. 2, 2016]
  • Article 4-3 (Operation of General Architects)
  • ① The mayor may, pursuant to Article 21, commission and operate a private expert (hereinafter referred to as the "general architect") who can advise on the formulation of spatial policies and strategies of the city or provide opinions on architecture, urbanism, and design, such as overseeing and coordinating major projects.
  • ② The scope of work of the general architect is as follows:
    • 1. Consulting on architectural and city-related planning and design;
    • 2. Advice on building policies;
    • 3. Advice on the oversight, coordination and management of large-scale development projects involving a large number of participants;
    • 4. Advice on general architectural design and planning and design of architectural design pilot projects;
    • 5. Other requests deemed necessary by the mayor.
  • ③ The chief architect shall be a part-time employee, and the term of office shall be two years, but may be reappointed only once.
  • ④ The mayor may pay remuneration to the general architect within the scope of the budget, and may set aside other matters necessary for operation, such as work methods and procedures.
    [This Article Newly Inserted on Apr. 10, 2019]
  • Article 4-4 (Operation of Public Architects)
  • ① The mayor may commission and operate an expert (hereinafter referred to as a "public architect") who plans, designs, oversees, coordinates, and manages the plan throughout the entire process of the project, from planning to design, construction, maintenance and management, in implementing public projects, etc. pursuant to with Article 21.
  • ② The scope of work of a public architect commissioned pursuant to paragraph ① is as follows:
    • 1. Participation in the design of public buildings ordered by the mayor, or coordination and consultation on planning and design work;
    • 2. Advice on the establishment of a development plan (projects pursuant to the "Urban and Residential Environment Improvement Act", "Urban Development Act", or "Special Act for Promoting Urban Redevelopment") to be determined by the mayor;
    • 3. Advice on planning and design for architectural design pilot projects;
    • 4. Advice on the planning and design of public buildings deemed necessary by the mayor.
  • ③ The term of office of a public architect appointed pursuant to paragraph ① shall be two years.
  • ④ Matters necessary for operation, such as the work methods and procedures of public architects, shall be determined separately by the mayor.
    [This Article Newly Inserted on Nov. 2, 2016]
    [The former Article 6 moved to Article 2 <Apr. 10, 2019>]
  • Article 4-5 (Operation of Village Architects)
  • ① The mayor may, pursuant to Article 21, commission and operate private experts (hereinafter referred to as "village architects") for planning, design, and consultation to maintain consistency in the plan throughout the entire process of village-level construction and spatial environmental policy projects.
  • ② The scope of work of a village architect commissioned pursuant to paragraph ① is as follows:
    • 1. Finding policy projects related to architecture and spatial environment and projects requiring residents through field surveys in the village;
    • 2. Coordination of planning and design work in the field of architecture and spatial environment in the village;
    • 3. Consultation on major issues related to the building and spatial environment at the village level;
    • 4. Planning, design, and consultation on pilot projects, etc. of architectural design at the village level;
    • 5. Other matters concerning the building and spatial environment of the village unit deemed necessary by the Mayor.
  • ③ The term of office of the village architect appointed pursuant to paragraph ① shall be two years.
  • ④ The mayor may establish separate standards for the activities of the village architect and support them within the scope of the budget, and the village architect who receives the budget shall submit the details of the activities to the mayor.
    [This Article Newly Inserted on May 27, 2020]
  • Article 5 (Promotion of Exchanges and Cooperation)
  • ① In order to promote building culture and to improve its standard, the Mayor shall endeavor for the exchanges and cooperation of information technology with relevant agencies, corporations, and organizations.
  • ② If the Mayor intends to establish and implement the Busan Metropolitan building basic, he/she shall fully consider whether it satisfies the purposes of the related Acts and subordinated statutes or ordinances including the matters concerning urban designs prescribed by the Busan Metropolitan Ordinance on Ordinance on Landscape.
  • Article 5-2 (Architectural Culture Promotion Project)
  • ① The mayor may promote the following projects for the promotion of architectural culture and the expansion of the base:
    • 1. Projects related to the International Architectural Culture Festival;
    • 2. Projects related to the International Architectural Design;
    • 3. Projects to expand the operating base of the architectural and cultural service industry;
    • 4. Other projects deemed necessary by the Mayor for the promotion of architectural culture.
  • ② The mayor may entrust all or part of the affairs to a non-profit corporation or non-profit organization related to the promotion of architectural culture in order to professionally and efficiently carry out the business pursuant to each paragraph of paragraph ①.
  • ③ In case of outsourcing affairs pursuant to paragraph ②, matters not stipulated in this Ordinance shall be subject to the "Basic Ordinance on Private Consignment of Busan Metropolitan City".
    [This Article Newly Inserted on Jul. 12, 2017]
  • Article 6 (Financial Support)
  • ① The mayor may provide all or part of the expenses within the budget to related institutions, non-profit corporations, or non-profit organizations for the improvement of the building and spatial environment and the promotion of architectural culture.
  • ② Methods and procedures for supporting expenses under paragraph ① shall be in accordance with the "Busan Metropolitan City Local Subsidy Management Ordinance".
    <This Article Newly Inserted on May 27, 2015>
  • Addendum
  • This ordinance shall take effect one month after its promulgation.
  • Addendum <May 27, 2020>
  • This ordinance shall take effect one month after its promulgation.