Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351800.shtml
Jilin construction engineering quality management
(April 6, 2011 4th meeting consideration of the people's Government of Jilin province on June 30, 2011, Jilin provincial people's Government promulgated as of August 1, 2011, order No. 225) Chapter I General provisions
First to strengthen quality management of construction project and protect people's lives and property safety, under the construction engineering quality management regulation of Jilin province and the market regulation, combined with the facts of the province, these measures are formulated.
Second construction engineering quality supervision within the administrative area of this province, management and other activities associated with the construction project quality management, these measures shall apply.
Construction projects in these measures refers to civil engineering, construction engineering, municipal infrastructure projects, urban track traffic engineering, plumbing and equipment installation engineering.
Article no unit or individual shall interfere with law of construction engineering quality supervision and management activities.
Fourth people's Governments above the county level housing and urban-rural construction administrative department responsible for the administration of construction project quality supervision and management of its construction project quality supervision and management of construction engineering quality supervision management of agency-specific implementation.
Construction project quality supervision and administration funds necessary to fulfil their functions according to law and by the relevant provisions of the financial sector by country and province to protect it. Fifth to encourage the use of advanced network system construction project quality management and information platform.
Promoting the use of modern technology to improve the quality of construction project management. Sixth to encourage the use of advanced technology and management methods to improve construction quality.
Advocate for creating high quality engineering, science and technology demonstration project and user satisfaction with the project.
Chapter II project quality
Article seventh units on the investment and construction of building quality of the project in accordance with the capital construction program full.
Unit commissioned surveying, design and construction with appropriate qualification review, construction, supervision and Inspection Unit construction-related businesses, the signed contract must be clear quality standards and quality.
Article eighth unit may survey, design, construction, supervision, testing and other collusion in violation of laws and regulations in the construction and engineering construction compulsory standard, reasonable compression cycle, reducing the quality of the project. Nineth no units and individuals are not allowed to modify the examination of construction drawing design documents.
Involving public interests, public safety or the relevant mandatory standards necessitates modification, commissioned by the owner of the original design unit modified or with the written consent of the original design unit commissioned a qualified design modified, modified construction drawing design documents by the original construction drawing review body qualified to take effect.
Article tenth employer requirements provide a performance guarantee of construction engineering, construction should be provided simultaneously to the construction unit project cost payment guarantees.
11th construction company in obtaining construction licenses, or starts before the report shall, in accordance with relevant provisions of national and provincial people's Governments above the county level to housing and urban-rural construction Administration Department of construction engineering quality supervision authority, for the construction engineering quality supervision procedures.
12th construction completion inspection shall comply with the following requirements:
(A) construction company completed the design and contract documents;
(B) project archives prepared and construction technology;
(C) the door acceptance of residential engineering quality;
(D) investigation, design, construction, supervision and other units have signed quality documents;
(E) the units signed a warranty of engineering quality in construction.
13th after completion of the construction, the construction unit shall organize relevant units for final acceptance.
When it is completed cannot provide an accurate and complete construction project archives and technical information, not for acceptance, shall entrust a qualified accreditation body of construction project quality appraisal of the situation, according to the results of construction project completion acceptance.
Without acceptance or acceptance of substandard construction works shall not be delivered.
Article 14th construction unit shall, before construction completed 7 working days of acceptance, acceptance written report on the matter of construction engineering quality supervision and Administration Department.
15th after acceptance of the construction project, engaged in the construction project management and technical personnel may be liable to other activities of construction projects; the employer shall, within 15 working days to the local construction engineering quality supervision and Administration Department for record.
16th construction units in the delivery of housing projects should be provided in the housing with the instruction manual and the residential quality guarantee and the acceptance of residential engineering quality household form, and provides project completion report for property owners or users read and copy.
Chapter III examination survey, design, construction quality
17th reconnaissance units should be based on the construction quality of the laws, regulations, engineering construction compulsory standard contracts to carry out investigation and investigation.
18th design units should be in accordance with the project approval documents, construction project planning permit, engineering construction compulsory standard and related standards, technical standards of design.
19th construction project surveying, design files, no national technical standards set out in the new structure, new materials, new techniques, and special structures, may lower the quality of construction projects, shall be subject to the provincial housing and urban-rural construction Administrative Department organizational construction and technical feasibility of the Expert Committee, the demonstration that no adverse effect on construction engineering quality, can be used.
20th design unit may not be banned by the national and provincial building materials, building components and equipment designed for construction projects; in addition to construction projects need special requirements of building materials, equipment, production line, outer, design units shall not be specified for the construction unit manufacturers or suppliers.
21st reconnaissance and design units shall fulfil the following obligations:
(A) in front of the construction project, explain to the supervision unit in construction and construction engineering survey, design, explains construction survey and design documents;
(B) in engineering survey and design issues that occur in a timely manner;
(C) in accordance with the relevant provisions of national and provincial participation in the acceptance of each stage;
(D) participating in the construction project quality accident analysis and technical solutions. 22nd construction plan review unit in accordance with State regulations, for housing construction, municipal infrastructure construction survey results document review, construction drawing design documents.
On examination, issue review and approvals, and to project the people's Governments above the County housing and urban-rural construction administrative departments report.
Article 23rd following construction projects of the Foundation, main structure, important equipment installation of construction phase, design units should be designed representative to the construction site:
(A) national and provincial key construction projects;
(B) the large public buildings and municipal infrastructure projects;
(C) the super high-rise building project;
(D) specialized technical, need to design guide construction projects;
(V) design recommends the use of new technology, construction of the new structure.
Construction site design representative responsibilities and remuneration shall be specified in the contract.
24th construction plan review unit shall not issue a false audit report.
The fourth chapter liability of construction quality
25th construction units shall abide by the examination of construction drawing design documents and mandatory standards for the construction and construction in accordance with the relevant provisions of construction organization design or special construction plan.
Partial, partial construction complete after qualifying, shall apply to the employer or the engineer unit acceptance procedures without qualified on, shall not be carried out the next working procedure construction.
Construction units are not allowed to modify the construction drawing design documents, not cutting corners.
26th construction project management project managers and technical quality managers shall simultaneously take on two or more medium to large engineering construction of the main part of the business, may entrust another person took the responsibility.
Changes in the project manager shall obtain the written consent of the owner, and to the contract Department for change for the record.
27th building materials used in construction, architecture, fittings, equipment, ready mix concrete, pre-mixed mortar and ready mix concrete shall comply with the following requirements:
(A) compliance with national and provincial standards;
(B) comply with the design requirements and contract;
(C) proof of product quality and product manuals. 28th construction units shall in accordance with the sampling provisions, engineering and contract requirements, technical standards for the construction, building materials, building components, ready-mixed concrete, pre-mixed mortar and ready mix concrete on-site sampling and sending units commissioned by the testing organization detected.
Untested or fail to pass the test, shall not be used. Relating to structural safety and function of samples, specimens, and related materials, the construction unit shall build units and project supervisory units related to sampling personnel witnessed the scene.
Staff involved in the witness and sampling should be signed on-site confirmation before they can send units commissioned by the testing organization detected.
29th construction of design and contract documents for units completed, post think quality, completion reports to the unit and complete construction of technical information, issue a warranty certificate of quality.
The fifth chapter quality responsibility of project supervision unit
30th the construction supervising units shall in accordance with the relevant standard, pass the review design documents, engineering, Contracting and supervision on construction quality, on-site supervision of construction procedures.
31st the construction supervising units shall establish supervision institutions, appoint the Chief supervision engineer and engineer qualified into the construction site, in accordance with the specification requirements of engineering supervision for construction engineering supervision.
Article 32nd engineer will be expected to enter the building materials, building components, checking the quality of the equipment.
Supervising engineer on the construction violates the requirement to use building materials, fittings, equipment should be stopped; the Suppression of invalid, it shall immediately notify the employer and a written report on construction engineering quality supervision authorities.
33rd construction unit does not pass the review of construction drawing design documents construction or violations of laws, regulations, and contract engineering construction compulsory standard construction, the engineer shall stop, stop the invalid, it shall immediately notify the employer and a written report on construction engineering quality supervision authorities. Article 34th units made in breach of the laws, regulations and requirements of the engineering construction compulsory standard, overseeing units should be rejected.
Unit made the request directly to the construction unit, the supervisor shall promptly report the relevant administrative departments.
35th engineer should be timely inspection of construction units, divisions and concealed works for quality checks, signed acceptance.
After the completion of the construction project, the supervisor shall promptly submit signed by Chief supervision engineer's quality assessment report.
36th supervision service fees according to the current national management of project supervision charges and the standard.
Sixth chapter quality responsibility of project quality testing agencies
37th engineering quality inspection agency (hereinafter referred to as inspection body)
In engineering quality inspection activities according to law.
Testing organizations may not allow other units or individuals in the name of the unit undertaking the project quality testing.
Article 38th test Commission contract shall be submitted to the project above the County construction project quality supervision and Administration Department for record.
39th testing organizations in the process of testing and found that endanger the structural safety of buildings, and shall promptly notify the project owner, and report the relevant administrative departments.
Testing organizations establish the results of faulty items account, it shall report to the Executive Head of the relevant Department.
40th testing organizations testing business information management system should be used, set up inspection data upload system in due course.
41st testing agency shall not issue a false inspection report.
Seventh chapter of construction engineering quality warranty 42nd construction projects to implement quality warranty system. Construction unit project completion report was submitted to the employer, it shall issue a construction project quality warranty.
Construction of the warranty should be made clear in the book warranty, the warranty period and warranty obligations.
Article 43rd house building engineering in warranty and quality problems occur within the warranty period, the construction unit shall notice in written warranty to construction, construction units received written notice of warranty shall organize a maintenance, maintenance costs, by the Contracting Parties in accordance with legal provisions and the contract settlement. 44th construction units shall in accordance with construction projects agreed on in the contract, from a project engineering quality deposit ratio reserved by Convention.
Reserved, use and return of deposit in accordance with the relevant provisions of the State and province.
45th construction projects be covered under warranty and within the warranty period resulting from maintenance to building owners or managers of loss, liability shall bear corresponding liability for compensation.
The eighth chapter supervision and complaints
46th construction project quality supervision and management in accordance with the regulations of the State shall perform the following functions:
(A) on the implementation of laws and regulations and the engineering construction compulsory standard checks;
(B) check the works main structural safety and main function of engineering entity quality;
(C) check the quality responsibility and quality engineering quality behavior detection unit;
(D) check the main building material, construction fittings quality;
(E) to supervise the project completion acceptance;
(F) to organize or participate in the investigation and treatment of quality accident of engineering;
(G) the statistical analysis of the present situation of engineering quality on a regular basis;
(H) the law to investigate and deal with violations.
47th article construction, survey, design, construction drawing review, construction, project supervision, testing the qualifications of the Office shall state within the relevant operational activities; its practitioners should be carried out according to national business training, examinations before they can post.
48th article province housing and urban and rural construction administrative competent sector should according to national provides, on this administrative within construction engineering quality supervision management institutions each three years for once assessment, construction engineering quality supervision management institutions by assessment qualified Hou, party can law on construction engineering implementation quality supervision; on engineering quality supervision personnel each two years for once assessment and for legal, and regulations, and business knowledge training, engineering quality supervision personnel by assessment qualified Hou, party can engaged in construction engineering quality supervision work.
After 49th engineering acceptance, the construction unit shall in significant parts of buildings set up a permanent sign showing construction, survey, design, construction, engineering quality supervision unit responsibilities subject name and name of responsible person.
Units without acceptance or acceptance of substandard construction projects, industry regulators should be announced to the public in a timely manner.
50th engineering quality supervision and personnel when performing their duties of supervision and inspection, right to request units under inspection certificates, quality, equipment, documents such as records management; the right to enter into the inspected unit construction, test site for inspection.
Engineering quality supervision staff supervision and inspection, two or more persons shall participate in and present a law enforcement document.
Engineering quality supervision officers when conducting supervision and inspection, and shall be without prejudice to normal production and business activities.
51st housing and urban-rural construction administrative departments should strengthen the informatization construction of construction quality supervision, engineering quality supervision system to oversee registration, oversight, bad records, acceptance records, accepting complaints.
52nd housing and urban-rural construction administrative departments should set up engineering quality supervision and management system.
53rd housing and urban-rural construction engineering construction administrative departments shall establish quality complaints systems, quality of public complaints department, receiving telephone, mailing address or e-mail address, accept complaints about construction engineering quality in a timely manner.
54th following complaints not within the accepted range:
(I) is not covered under warranty or beyond the warranty period;
(B) access to judicial proceedings;
(C) disputes involving economic compensation and part of the complaint;
(D) the provisions of laws and regulations clearly does not belong to the category of quality. 55th accepting complaints, requirements of construction project quality detection and identification of the complainant, shall pay the testing fee.
Test and appraisal of complaint issues not part of construction project quality problem, testing costs by the complainant belonging to quality problems of construction projects, testing costs borne by the responsible party.
Nineth legal liability
56th unit has one of the following acts, rectification, fails to make corrections in accordance with the following provisions:
(A) is not in accordance with the provisions of construction engineering quality supervision procedures, fined a maximum of 50,000 yuan and 100,000 yuan;
(B) without acceptance or acceptance of substandard construction project delivery, engineering contract price 1% 2% fine;
(Iii) collusion investigation, design, construction, supervision, inspection, violations of law, regulation and engineering construction compulsory standard, reasonable compression cycle, reducing the quality of the project, sentenced to between 100,000 yuan and 200,000 yuan fines;
(D) delivering housing project residential use does not provide the instruction manual and the residential quality guarantee and the household of the acceptance form of housing projects, fined 30,000 yuan fine.
57th reconnaissance unit not in accordance with the construction quality of laws, regulations, engineering construction compulsory standard inspection, rectification, it fails, and a fine of 30,000 yuan and 90,000 yuan fine.
Article 58th design units of any of the following acts, rectification, fails to make corrections in accordance with the following provisions:
(I) is not in accordance with the project approval documents, construction project planning permit, engineering construction compulsory standard and related standards, technical standards of design, a fine of 30,000 yuan and 90,000 yuan fines;
(B) the selection of national and provincial prohibition of the use of building materials, fittings and equipment used for construction works, fined 10,000 yuan and 30,000 yuan fines;
(C) in violation of these regulations provides for the construction units to designate manufacturers and suppliers, fined a maximum of 50,000 yuan and 100,000 yuan.
59th construction drawing review unit issued false reviews and approvals, fined 10,000 yuan and 30,000 yuan fine.
60th construction units of any of the following acts, rectification, fails to make corrections in accordance with the following provisions:
(A) not in accordance with the examination of construction drawing design documents and construction engineering construction compulsory standard, works contract 1% fines;
(B) under sub-item, Division, project acceptance procedures of construction, fined 10,000 yuan and 30,000 yuan fines;
(C) unauthorized modification of construction drawing design documents, fined 10,000 yuan and 30,000 yuan fines;
(D) the use does not meet the requirements of building materials, components, equipment, ready-mixed concrete and ready-mixed mortars and ready mix concrete, warrant the price is part of 1% fine;
(E) is not required for building materials, building components, ready-mixed concrete, ready-mixed mortars and field sampling and testing of ready mix concrete, fined a maximum of 50,000 yuan and 100,000 yuan;
(F) no certificate of warranty of, and impose a fine of 30,000 yuan.
61st engineer has one of the following acts, rectification, it fails, and impose a fine of 30,000 Yuan:
(A) the construction violates the requirement to use building materials, components, equipment, is not to stop or not written reports of construction project quality supervision and administration;
(B) of the construction unit in accordance with the examination of construction drawing design documents construction or violations of laws, regulations, and contract engineering construction compulsory standard construction, is not to stop or not written reports of construction project quality supervision and administration;
(C) the implementation of construction in violation of relevant laws, regulations and requirements of engineering construction compulsory standard.
62nd testing organization has one of the following acts, rectification, it fails, and impose a fine of 30,000 Yuan:
(A) allow other units or individuals in the name of the unit undertaking the project quality testing;
(B) issues a false inspection report.
63rd with the 56th to 62nd case of these measures, in addition to administrative penalties, but also fine units and persons directly responsible can be fined a maximum of amount of 5% more than 10%.
64th administrative penalties stipulated in these rules, the Department of housing and urban-rural construction above the county level administration decided.
65th Department of housing and urban-rural construction administration staff in quality supervision and management of construction projects, abuse of power, negligence, malpractice, in accordance with the relevant regulations for processing constitutes a crime, criminal responsibility shall be investigated according to law.
66th hinder engineering quality supervision of personnel performing official business according to law, by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
The tenth chapter by-laws
67th air defense sector is responsible for combining the people's Governments above the county level cities civil building basement, compatibility of urban underground space development and utilization of engineering quality supervision in the protection of civil air defense requirements.
Individual construction to safeguard the people's air defense command, the wartime personnel and material shelter and medical aid underground protection of construction engineering quality supervision, these procedures do not apply.
68th farmers build low-rise residential and temporary buildings, these procedures do not apply. 69th these measures come into force on August 1, 2011.
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