Harbin Municipal Public Infrastructure Engineering Quality Supervision Management

Original Language Title: 哈尔滨市市政公用基础设施工程质量监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351777.shtml

Harbin municipal public infrastructure engineering quality supervision management (March 17, 2011 Harbin city government 78th times Executive Conference considered through April 29, 2011 Harbin City Government makes No. 231, announced since June 1, 2011 up purposes) first article for strengthening on municipal public based facilities engineering quality of supervision management, specification construction behavior, guarantee engineering quality, protection people life and the property security, according to People's Republic of China building method and State construction engineering quality management Ordinance, related legal, and regulations of provides,

    This municipality actually, these measures are formulated.

    Article working in the administrative area of the city municipal public infrastructure projects built, rebuilt or expanded activities, as well as for municipal infrastructure engineering supervision and administration procedures apply.

    Third municipal public infrastructure projects in these measures (hereinafter referred to as the municipal engineering) including urban roads, bridges, tunnels, water supply and water purification, sewage, heating, gas, landscaping, waste water treatment and solid waste treatment and other urban public infrastructure construction projects.

Fourth of municipal urban construction administrative departments in charge of the city's municipal engineering quality supervision and management work, daily work by the municipal engineering quality supervision agencies.

    The County (City) urban construction administrative departments in accordance with the functions and powers, is responsible for the area of municipal engineering quality supervision and management work, daily work of the County (City) of municipal engineering quality supervision agencies.

    Fifth article of municipal engineering construction, survey, design, construction, supervision, construction engineering quality testing units and review shall be in accordance with the provisions of relevant laws and regulations, as well as country and industry technical and quality standards, codes and regulations in practice, and a corresponding responsibility for municipal engineering quality.

    Article sixth construction should municipal works subcontractors with the appropriate level of qualification investigation, design, construction, supervision, construction drawing review and engineering quality testing units bear the construction tasks.

    Seventh units shall establish and implement quality system, quality assurance and shall not express or imply that participate in the construction of the relevant units in violation of regulations to reduce construction quality standards.

Eighth construction company in obtaining construction licenses, or starts before the report, construction drawing design documents should be submitted to the municipal urban and rural construction Administrative Department and qualified construction plan review unit review processing engineering quality supervision for registration.

Units when handling the engineering quality supervision, registration shall be made to the local urban construction administrative departments, submit the following information:

(A) construction, construction, the engineer project institutions and personnel qualification certificate;

(B) technical examination of construction drawing design documents and administrative examination and approval.

    Units of submission of complete information, municipal urban construction administrative departments shall be concluded within 2 business days; the information is not complete, once informed re-submit you want information.

Nineth, after completion of projects, the construction unit shall organize the survey, design, construction and supervision, acceptance, and notify the municipal quality supervision institutions to monitor the acceptance.

    Acceptance or unqualified acceptance of public work, shall not be delivered.

Tenth after the acceptance of municipal works in the 15th, the construction unit shall project location municipal engineering quality supervision agency for completion of formalities, and submit the following information:

(A) the project completion report and survey, design, quality of construction, the engineer signed documents;

(B) the relevant administrative departments of special authorised and permitted uses of the project document;

(C) signed by the construction unit project repair books;

(D) the laws, regulations and other information.

Municipal engineering quality supervision institutions to meet the conditions for completion of filing work, should be filed within 2 working days; do not meet the filing conditions for completion of project should be informed at once.

    Without record for completion works shall not be transferred to a fixed asset.

    11th reconnaissance units shall, according to the survey level of qualification according to law, regulation and engineering construction compulsory standard inspection, investigation depth should meet the needs of engineering construction standard and engineering design and construction; acceptance of participation in Foundation, structure, and project acceptance.

    12th design units should be according to the engineering qualifications in accordance with laws and regulations, construction standards, conditions of planning permission and the investigation outcome of design, designs quality shall conform to the construction standards and the requirements of the design depth, indicating the project reasonable life; join the Engineering Foundation, acceptance and final acceptance of the main structure.

    13th design units in the design documents for use in construction technology, materials, fittings and equipment, you should indicate the technical standards, specifications, model, performance specification; not can not be used in accordance with the regulations approved by the possible impact of municipal engineering quality and safety construction technology, materials, fittings and equipment.

    14th supervision units should be according to the project management qualifications task in accordance with laws and regulations, technical standards and pass the review design documents and construction supervision contract carry out supervision duties.

    15th supervising units shall establish a sound quality management system, implementation of Project Director in charge, set up meets the needs of the engineering supervision institution, equipped with a sufficient number, supervision of professional support staff.

16th supervising units shall, under the supervision of examination and approval of the plan or the supervision rules, site, site inspections and parallel testing and other forms of engineering quality supervision and Inspection Division of the Foundation and the main structure, and other important works and important items, concealed works of important processes, important, side-station supervision and inspection, and image data.

    Process does not meet the quality standards of engineering, supervision of the construction unit for rectification; construction unit refuses to rectify unauthorized entry into the next procedure, shall stop; stop invalid, it shall notify the owner and reports to the engineering quality supervision institutions.

    17th supervising units shall use of engineering materials, fittings and equipment quality check, without a check or fail to pass the examination shall be permitted to use, and will supervise its construction unit for rectification; construction unit refuses to rectify unauthorized use, shall stop; stop invalid, it shall notify the owner and reports to the engineering quality supervision institutions. Article 18th supervising units shall collect works and materials quality supervision and inspection and acceptance of concealed work information.

    Information technology and information management should ensure that true and complete.

    19th construction units shall, according to the construction level of qualification tasks in accordance with the laws, regulations and technical standards, after examination and approval of construction drawing design documents and construction engineering contract agreement.

    20th construction units shall be registered in the Unit handled quality control procedures for construction and after obtaining a construction permit.

    21st construction units shall establish and implement quality management system, established in accordance with regulations and meets the needs of the construction project management, project leader, quality Director, technical director and other key management personnel professional qualifications shall meet the requirements of.

    22nd construction units shall be in accordance with the relevant provisions on the construction of materials, components and equipment for quality inspection, without inspection or examination does not meet the quality standards shall not be used; construction, supervision, investigation and design units, such as express or implied to use do not meet the quality standards of materials, components and equipment, should be rejected.

    23rd hidden before concealing, the construction unit shall notify the employer, the supervisor check; Division of the Foundation and the main structure, and other important works and important items, concealed works of important processes and important acceptance, it shall notify the engineering quality supervision institutions supervision.

    24th construction shall promptly record, finishing, preservation techniques and the management of information within the industry to ensure true and complete.

    25th article of municipal engineering quality accidents, construction units concerned should take immediate measures to prevent the spreading of the accident and report to the quality supervision institutions and within 12 hours involving accidents, shall report the matter in accordance with the relevant provisions and the relevant departments.

    Article 26th city after completion, completion of the construction unit shall submit to the employer reports and complete construction of information and management information, certificate of quality warranty and instruction manuals.

    27th quality testing institutions shall be borne according to level of qualification testing, according to the laws, regulations and industry standards, rules in the testing business, to the authenticity and accuracy of the test data and test reports.

    28th quality testing organization should be found in engineering quality, materials, fittings and substandard equipment to the construction, supervision, construction and municipal engineering quality supervision institutions.

    29th construction plan review bodies should be reviewed according to the construction documents technology qualification tasks, establish and implement a quality management system, equipped with the review meet the job qualifications, professional support staff. 30th construction drawing review body shall, in accordance with relevant laws and regulations and engineering construction compulsory standard requirement for technical examination of construction drawing design documents.

    Examination shall be made to the units issued by the examination books; failed to pass the examination, shall not issue a qualified book and make a written description, or propose amendments to the employer.

    31st article of municipal engineering quality supervision organization shall, in accordance with the relevant provisions and that the actual situation of the preparation of the quality monitoring programme, clearly that the quality basis, quality standards, project quality common failing preventing and controlling measures, as well as the Division of the Foundation, structure and other important projects and important section, important processes, concealed works of important monitoring requirements, and so on.

Article 32nd municipal engineering quality supervision institutions should take inspection and random manner on the engineering quality and construction quality supervise of the liability of the parties.
Municipal engineering quality supervision institutions in the implementation of engineering quality supervision, advanced technology should be used for testing, engineering materials, components and equipment the quality of sampling.

    33rd municipal engineering quality supervision institutions in discharging its oversight responsibilities, may exercise the following powers:

(A) enter into the inspected the construction site inspection;

(B) request the units under inspection to provide documents and information about municipal engineering quality;

(C) investigation discovered engineering quality risk ordering units; found quality problems, order the relevant units corrected and track corrective actions;

(D) investigate and punish violations of municipal engineering quality of laws, rules and regulations; (E) is not in accordance with the programme are requested to inform the quality supervision of engineering quality supervision institutions supervising unlawfully concealed works of important sites, important processes and quality control nodes, ordering the responsible unit for the site engineering quality technical appraisal of the situation.

    Identified by the technology did not meet quality standards, ordering the responsible unit for correct cause permanent defects, notifies the employer requested the original design engineering function and life back to the technical evaluation.

34th article of municipal engineering quality supervision imposed on completion of the oversight bodies, should focus on supervision of the following:

(A) form of acceptance, acceptance procedures are in compliance with the relevant provisions;

(B) quality assessment for the relevant information and documents provided are true and whether they conform to the relevant provisions;

(C) existence of quality effects relating to structural safety and function of quality defects;

(D) quality inspection and assessment of whether the project meets State standards.

    Municipal engineering quality supervision organization shall, upon acceptance of the works in the 5th, the construction engineering quality supervision report issued. 35th article of municipal engineering project quality guarantee system.

Bridges, tunnels, and sewage treatment plants, waste-water treatment plants and other public structures of the Foundation and the main structure of the warranty for the reasonable life of the design document; other works the warranty in accordance with the laws and regulations shall apply. Calculated from the date of acceptance of the warranty period.

    Engineering quality problems within the warranty period, the responsible unit for warranty; more than the warranty period, by the project management unit is responsible for the maintenance and conservation. 36th article of municipal engineering quality deposit (hereinafter referred to as margin) system.

    Margin from the construction unit project cost 5% reserved.

Before the 37th article of municipal engineering completion approval, construction units shall open a special account in banks, that deposit to reserve standards, units can also be one-time transfers from the settlement price in construction unit to open special account.

    Municipal engineering quality supervision institutions to monitor the use, refund of deposit management, in monitoring the completion or when handling the engineering acceptance record shall examine the implementation of the margin.

Article 38th during the warranty period, engineering quality defects arise from construction units to meet warranty obligations; construction unit does not perform warranty obligations, commissioned by the construction entity or municipal engineering quality supervision institutions other unit repair, costs incurred and deducted from the security deposit.

Unit or entrust other unit maintenance of municipal engineering quality supervision institutions, part of the costs incurred exceed the principal is responsible for the construction unit to recover.

    Quality defect occur during the warranty period, the construction units have objections on the quality responsibility can apply for technical appraisal of construction organizations, identified by the technical construction of non-responsibility, from the construction units responsible for warranty, warranty and technical appraisal fees recovered quality defects responsibility of the employer to the responsible party.

39th quality warranty period, return of security deposit shall be in accordance with the following provisions:

(A) works of no quality defect, bond principal and interest refunded and construction units.

(B) construction quality defects arise, construction is in accordance with the provisions of the warranty obligation, bond principal and interest refunded and construction units.

    (C) construction quality defects arise, the construction units did not meet warranty obligations by building units or municipal engineering quality supervision institutions entrust other unit maintenance, deduction of expenses incurred in the margin, balance return of principal and interest and construction units.

40th construction violates these rules, any of the following circumstances, the urban construction administrative departments shall order rectification, and punished in accordance with the following provisions:

(A) municipal works subcontractors do not have the appropriate level of qualification of the investigation, design, construction, supervision, fines of between 500,000 yuan and 1 million Yuan.

(B) the construction drawing design document has not been examined or unqualified, unauthorized started did not go through the registration procedure starts without authorization of engineering quality supervision, and fined a maximum of between 500,000 yuan and 200,000 yuan.

(C) upon completion of the works, without acceptance or acceptance not qualified project delivery, penalty of between 4% Engineering 2% more than the contract price, shall bear the liability for damage caused by.

    (D) upon acceptance of the works, not to handle the completion of formalities, fined a maximum of between 300,000 yuan and 200,000 yuan.

    41st reconnaissance unit in violation of the rules, not according to the survey for the qualification, the urban construction administrative departments shall order to stop the illegal practice, survey fees stipulated in the contract more than 1 time penalty of twice, illegal income shall be confiscated and did not follow the engineering construction compulsory standard inspection, correction, fines of between 100,000 yuan and 300,000 yuan.

42nd design violates these rules, any of the following circumstances, the urban construction administrative departments shall order rectification, and punished in accordance with the following provisions:

(A) not according to the design level of qualification, design fee stipulated in the contract more than 1 time fined not more than twice times, illegal income shall be confiscated and is not based on survey results document for engineering design, fines of between 100,000 yuan and 300,000 yuan.

    (B) using municipal engineering quality and safety of technology and material quality caused by accidents, fines of between 100,000 yuan and 300,000 yuan.

Article 43rd supervision violates these rules, any of the following circumstances, the urban construction administrative departments shall order rectification, and punished in accordance with the following provisions:

(A) in accordance with the level of qualification contract supervision services, contract supervision payment more than 1 time penalty of twice; there is illegal income shall be confiscated.

(B) implementation project Director responsible for, does not form meets the needs of the engineering supervision institution, fines of between 10,000 yuan and 20,000 yuan.

(C) not on the Foundation and the main structure and other important construction, and important items, concealed works of important processes, it is important to take side-station supervision and inspection, fined a maximum of between 50,000 yuan and 10,000 yuan.

(D) the project does not meet the quality standard of rectification process not supervised units, fines of between 500,000 yuan and 1 million yuan in serious cases, proposed issuing body lower qualification levels or revoked the certificate of qualification, 3 years to cancel the direct responsibility and executives engaged in the practice of the construction market activities in this city.

(V) permit the use of unchecked or checked substandard materials, fittings and equipment, fines of between 500,000 yuan and 1 million yuan in serious cases, proposed issuing body lower qualification levels or revoked the certificate of qualification, 3 years to cancel the direct responsibility and executives engaged in the practice of the construction market activities in this city.

    (F) failing to finishing works and materials quality supervision and inspection information and acceptance of concealed work information or preparation of false information, and fines of between 10,000 yuan and 20,000 yuan.

44th construction violates these rules, any of the following circumstances, the urban construction administrative departments shall order rectification, and punished in accordance with the following provisions:

(A) not according to the construction level of qualification, fines of between 500,000 yuan and 1 million Yuan, illegal income shall be confiscated.

(B) project leader, quality Director, technical director and other key management personnel professional qualifications do not meet the requirements, fines of between 10,000 yuan and 20,000 yuan.

(Iii) works for the quality supervision and registration procedures, working without authorization, fined a maximum of more than 5000 Yuan and 30,000 yuan.

(D) is not in accordance with the relevant quality standards and after examination and approval of construction of construction drawing design documents, fine at 2% more than 4% below the contract price.

(E) the use of untested or not meeting quality standards for materials, components and equipment, and a fine of between 100,000 yuan and 200,000 yuan.

(F) cover concealing the former, without notice to the employer, the supervisor arrived at the scene checking, or Division of the Foundation and the main structure, and other important works and important items, concealed works of important processes and important acceptance, fails to notify the engineering quality supervision institutions supervision on concealed, fines of between 10,000 yuan and 20,000 yuan.

(VII) failing to record, organize, save, technical information and management information, or produce false information, fined a maximum of 20,000 yuan and 30,000 yuan.

    (H) engineering quality accident occurs fails to take timely measures to prevent accidents expanded or failing to report and cancel within 3 years directly responsible and competent personnel, engaged in the practice of the construction market, the qualification.

45th quality testing agencies violate these rules, any of the following circumstances, the urban construction administrative departments shall order rectification, and punished in accordance with the following provisions:

(A) testing project quality accident caused by inaccurate reporting, fines of between 10,000 yuan and 20,000 yuan.

    (B) does not meet the quality standards of materials and engineering issues a false inspection report, fined a maximum of 1 time times the contract price twice, cancelled within 3 years directly responsible and competent personnel, engaged in the practice of the construction market, the qualification in serious cases, proposed issuing body lower qualification levels or revoked the certificate of qualification.

    46th article construction figure review institutions violation this approach provides, for violation engineering construction mandatory standard of construction figure design file issued technology review qualified book of, at contract price 1 time times above twice times following fine, 3 years canceled directly responsibility people and competent personnel in this city construction market engaged in practice industry activities qualification; plot serious of, recommends sent card organ reduced qualification grade or revoked qualification certificate.
47th article of municipal engineering materials, components and equipment manufacturing enterprises in violation of the rules, without inspection or failed to pass the test materials, fittings and equipment sales to purchase units in engineering quality accidents, fines of between 10,000 yuan and 20,000 yuan.

    48th urban construction administration and personnel of municipal engineering quality supervision institutions in municipal public infrastructure engineering quality supervision management failed to perform their statutory duties, dereliction of duty, abuse of authority or engages in any of the following circumstances, by their work units or by the competent authorities, supervisory organs shall be given administrative sanctions constitutes a crime, the attention of the judicial organs shall investigate the criminal liability:

(A) the project entity quality and construction quality of the liability of the parties, did not discharge its supervisory obligations, resulting in accidents;

(B) the receiving unit to handle applications for registration or completion of engineering quality supervision record information, reviewed and meets the processing requirements, are not within the specified time limits;

(C) receives notification of the acceptance of completed of construction organization, no acceptance in discharging its oversight responsibilities;

(D) upon acceptance of the works, was not issued within the prescribed quality supervision report;

    (E) other laws, statutes, rules and regulations should be accountable.

49th military engineering, rescue and other temporary facilities, these procedures do not apply.

    Water, electricity, communications and other professional engineering quality supervision and management, in accordance with the provisions of relevant laws and regulations. 50th these measures come into force on June 1, 2011. Harbin municipal people's Government released on September 3, 1989, Harbin municipal public engineering quality supervision and regulation repealed at the same time.