Air pollution seriously exceeded the standard afte

2022-07-22
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Have you tested the air quality in your home after decoration? I'm afraid many people haven't thought about this problem. Opening windows for ventilation and putting more pots of green plants are basically the only measures taken by most families. Many owners believe that as long as there is no pungent smell, it means that the air quality has passed the standard. Even many owners don't know that the decoration company has the responsibility to provide owners with a qualified indoor air inspection report when completing the project. Once the relevant tests are done, like opening the Pandora's box, the owners are shocked by the test reports of excessive pollutants. However, the following problem is that it is difficult to prove the direct connection between indoor air pollution and decoration and furniture, which has also become the biggest stumbling block for rights owners

the decoration cost a lot of money to strive for high quality and environmental protection

Miss Wu, who lives in a community in Futian, bought a house in 1997 and decided to redecorate it after living for nearly 20 years, so she began the decoration in August 2015, and the decoration company was “ Home decoration ”, During the decoration period, Miss Wu also customized the solid wood wardrobe of Koryo housing construction and the cabinet of bokani. The overall decoration cost is estimated to exceed 1million

for the sake of the health of the whole family, especially the safety of the children, Miss Wu didn't move in until August 2016 after the decoration of her home, considering that there should be enough time for ventilation to prevent indoor air pollution from exceeding the standard& ldquo; The decoration of our home is not complicated. Unlike many others, there is basically no ceiling, that is, simple wood floors and walls are painted, and then customized furniture, such as wardrobe and cupboard. Money is spent on the pursuit of high quality and environmental protection& rdquo;

to her surprise, she spent a lot of money and left it idle for a long time, but still did not escape the problem of indoor pollution

the results of both tests were unqualified

after check-in, the pungent smell in the room still existed. Miss Wu was not at ease, so she specially asked Shenzhen Institute of Metrology and quality testing to carry out air quality testing, and after knowing the specific situation, she did two different tests

the first test is GB 50325-2010 code for indoor environmental pollution control of civil construction engineering. This standard is a nationally enforced air quality acceptance standard, which requires the sampling of formaldehyde, benzene and T V O C 1 hour after the doors and windows are closed. The cabinet merchants involved in Miss Wu's family took samples according to this standard. According to the test report, the t o v c in the kitchen exceeded the standard, and the conclusion was unqualified

the second test is more stringent, GB/18883-2002 indoor air quality standard, which is the air sampling standard for formaldehyde, toluene, benzene, xylene and T V O C 12 hours after closing the doors and windows. In addition to the above two kinds of testing and sampling of the products of cabinet merchants at the same time, the products of other furniture and decoration merchants are sampled according to the GB/18883-2002 standard. The five tests were unqualified to varying degrees, and the exceeding standard of xylene and TVOC even reached 9 times. And Miss Wu believes that this standard is more in line with the actual living situation of her family, “ When we go to bed at night, we can't get up and open the window once an hour. We are more convinced by the 12 hour closed sampling& rdquo;

the testing cost is over 10000 yuan

the pollution source and the responsible party cannot be confirmed

Miss Wu took the testing report to coordinate with several suppliers, but it was fruitless, “ Bokani staff even told me that even if the test exceeded the standard, it could not be confirmed that it was related to the cabinet. They also mentioned that there were similar complaints from owners, which eventually ended up in nothing. They also let me know that this situation is not unique to my family& rdquo; Miss Wu said. Finally, she pushed boccani, juzong decoration, Koryo housing construction and other suppliers into the dock

however, the result was that Miss Wu was defeated after the third trial

according to the lawyer's inference, it is largely because the pollution source cannot be determined. Although the indoor air pollutants do exceed the standard, the test results mainly describe the fact of air pollution, but it cannot be proved to be related to decoration or cabinets

Miss Wu learned through consultation that if it is necessary to prove that the cabinet plate is responsible, the plate itself needs to be tested, “ Bokani staff told me that the plate is qualified, which I can believe, but the plate is only the first step. There is also secondary pollution during installation, which cannot be detected, and the wardrobe also has the same problem& rdquo;

in the second test, Miss Wu specially included the children's room and guest bedroom in the test. One reason is that the area and decoration of the children's room and guest bedroom are very close, but the wardrobe of the guest bedroom is larger and the children's room is smaller. According to the test report, the pollutants in the children's room are indeed lower than those in the guest bedroom, “ Can such a comparison prove the responsibility of the wardrobe for pollution& rdquo;

after losing the lawsuit, Miss Wu was eager to improve the air problem at home, and finally spent 40000 yuan to buy an air purifier. The cost of several tests also exceeded 10000 yuan

statement

when the liability cannot be determined, the victim can share the civil liability with the potential infringer

Shenzhen lawyer, legal commentator, arbitrator zhangxingbin: unqualified air quality is indeed a complex situation, involving indoor decoration, decoration materials, home and other factors. It is suggested that when consumers encounter such a situation, they will usually sue the relevant responsible parties that may cause indoor air pollution. For example, in this case, there are cabinets, wardrobes, decoration companies, and even the developers of the house. In this case, the house was purchased in 1997, basically excluding the responsibility of the developers, but many new houses should pay attention to whether there are construction problems. After the prosecution, the responsibility of all parties should be determined by the court, and consumers do not need to do these jobs themselves

however, in this case, the reason why the consumer lost the lawsuit may be that it is impossible to confirm the pollution source, so it is impossible to confirm the clear responsible party, because generally speaking, if the responsible party is confirmed, the court will distinguish right from wrong and confirm the responsibilities of both parties

in this case, the obligee cannot prove the fault of the other party, and the person responsible for the suspected infringement cannot prove that he is not at fault. You can refer to the principle of fair liability in the civil law to allow the injured party to share civil liability with the potential infringer, with the owner bearing part of the responsibility and the relevant party bearing some responsibility. This principle can be used in the defense of this case

in fact, we can refer to the regulations on falling objects. Article 87 of the tort liability law: if it is difficult to determine the specific infringer due to the damage caused by objects thrown from the building or objects falling from the building, the user of the building who may cause the damage shall make compensation unless he can prove that he is not the infringer

Che min, vice president of Shenzhen Decoration Industry Association, said that the qualified plate does not mean that the finished product is qualified. What consumers should pay attention to is that sometimes the largest source of pollutants is not the plate itself, but all kinds of adhesives, paints and auxiliary materials. The same is true for whole house customization. Only passing the plate detection does not guarantee that the furniture will enter the home, All indicators of indoor air quality meet the standard

consider the whole “ Bearing capacity &rdquo

Yang Lina, deputy director of saide testing center of Shenzhen Furniture Industry Association: the plate passing the testing is only an indicator to ensure the quality and safety of furniture, because the overall “ Bearing capacity ” The qualified formaldehyde test of the board does not mean that the board has no formaldehyde emission. If you do not pay attention to the amount of use, it is easy to cause the whole indoor air to fail to meet the standard due to the superposition effect

gb/t18883- 2002 indoor air quality standard clearly requires the standard content of various indoor gases, but this method is inconsistent with the test method of plate formaldehyde, so it is difficult to compare. Moreover, indoor air detection indicators include not only formaldehyde, but also TVOC, which is closely related to the human body. Researchers of indoor air quality usually call all indoor organic gaseous substances they sample and analyze as TVOC, which is the abbreviation of the first letter of volatileor ganiccom pound. All kinds of VOCs measured are collectively called total volatile organic compounds (TVOC). TVOC is the most serious of the three kinds of indoor air quality pollution. TVOC refers to the organic matter whose saturated vapor pressure exceeds 133.32pa at room temperature. Its boiling point is between 50 and 250. It exists in the air in the form of evaporation at room temperature. Its toxicity, irritation, carcinogenicity and special odor will affect the skin and mucosa and cause acute damage to the human body. The World Health Organization, the National Academy of Sciences/National Research Council and other institutions have always emphasized that TVOC is an important air pollutant

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