Law No. 8 From 1 July 1977 Concerning Durability, Safety, Functionality And Quality Of Construction

Original Language Title:  LEGE nr. 8 din 1 iulie 1977 privind asigurarea durabilităţii, siguranţei în exploatare, functionalitatii şi calităţii construcţiilor

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Law No. 8 from 1 July 1977 to ensure durability, safety, functionality and quality of the ISSUING NATIONAL ASSEMBLY construction Published in the Official Gazette nr. 64 of 9 July 1977 in economic and Social Development of the country in accordance with the objectives set by the Communist Party of faurire socialist society and advancing multilateral developed Romania toward communism requires the realization of some extensive investment programs.
The implementation of such programmes requires the sustained development of industrial construction, housing and social-cultural buildings, engineering, evaluate and others to ensure the creation of better conditions of work and life of all citizens, with the maximum efficiency of production capacities and the other fixed assets and increasing labour productivity.
In the conditions of contemporary scientific and technical revolution is necessary, with a goal to carry out investment program, to ensure the realization of sustainable construction, with a high operating safety and good functionality, as well as improving the quality of construction in strict accordance with the General needs of the development of our socialist society.
For the establishment of obligations and the raspunderilor in this area ministries, other central executive bodies and committees of the District Councils and the popular Bucharest, power plants, industrial enterprises and other economic units, as well as personnel working in the field of construction, the National Assembly of the Socialist Republic of Romania adopts this law.


Chapter 1 principles and basic rules of article 1 In the Socialist Republic of Romania continued improvement of conception design, technology, quality of materials, the introduction of new techniques and constructive solutions and compliance with strict operating rules of construction is a basic obligation for ministries, other Central and local bodies for the following groups of working people of design , research, construction and manufacturing materials, as well as for all beneficiaries.
The State shall ensure, through the national plan unique, conditions and resources needed to complete the construction in accordance with the latest achievements of contemporary scientific-technical revolution, with the requirements of economic and social development of the country.


Article 2 the design and execution of construction of all classes shall be in accordance with the outlines and details of town-planning, observing strict technical requirements, to ensure the strength, stability and safety in exploitation durability, functionality, architectural layout, corresponding to a high degree of social and economic utility.
Construction must create normal conditions of work and life for those who use them, to answer fully the purpose for which it is intended.
At the same time, construction must be designed and executed to avoid supradimensionarile to reduce to the strict minimum necessary areas and volumes, to ensure efficient use of resources and the work force.


Article 3 of the basic technical characteristics and quality level of construction shall be determined in a uniform manner through the standards, technical regulations, specifications, which is approved by the organs provided by law and are binding on all units that participate in the design, execution and operation.
Standards, technical regulations and specifications must ensure constructive solutions and new methods, techniques, high-performance productivity, use of materials and elements of building strong and lightweight construction, which make a good behavior over time, as well as economic efficiency.


Article 4 protection against earthquakes and safety in operation, all running projects will be drawn up providing for construction of seismic activity established according to zonarii as provided by law. In addition to the design and execution of construction will comply with fire prevention standards.
Design and execution units are obliged to mention in the design and construction technique in book degree of seismicity and the degree of fire resistance for the construction was designed and executed.


Article 5 for all types of buildings will provide, through technical regulations, designing and conducting constructive solutions that avoid the use of heavy elements for roofs and floors.
It is prohibited, to design-build, inglobarea of any kind in the beams and pillars in the joints between precast elements of buildings.
Through technical regulations will provide that deposits, archives, installations and heavy objects are located only in the basement and ground floor of buildings. In the case of construction to carry out specific functions, technical regulations should provide for special measures to be considered at the design for their location on the top floors of the buildings.
Moreover, under technical rules shall lay down the conditions under which they may be located on the top floors of buildings, industrial machinery, technological equipment and installations.


Article 6 For all buildings, regardless of their nature, the beneficiary units are obliged to draw up, together with the design and execution of construction, technical book, which must necessarily include conceptual design, any additions, approved according to the law and the rules of operation and technical maintenance.
After reception of the final book of the construction will be kept to the Committee or the Executive Council Office, parish, city or popular municipal of where is located the construction and the beneficiary.


Article 7 quality control is carried out on the construction phase during the design and execution, and through periodic checks of the elements referred to in the book, in the course of operating the building.
The designer and the manufacturer are obliged to verify all operations stringent checks through which they run and are responsible for compliance with the rigorous technical standards of each work.
The controlling bodies of technical quality and beneficiary units shall be responsible for verification of constructive solutions, the quality of workmanship, materials used, the way in which it operates the construction.
It is mandatory for each separate control and reception quality the Foundation and structure of resistance and verification laboratories and mobile stations, the quality of the concrete and other materials.
Inspection bodies are obliged to stop the execution and to dispose of all work rebuilding that does not comply with the technical requirements, taking measures for the recovery of damages and the guilty persons.


Article 8 Projects for unique constructions with high technicality and importance, all projects and those for the construction industry provides new design and computing are analysed and is necessarily expertizeaza or, where appropriate, try on the model of the central Institute of research, design and construction directivare.
Central Institute for research, design and construction directivare is required, together with the design, construction and inspection, to verify the execution at these buildings, until the final reception. In the case of special importance with a unique construction and those to which they have applied the new method of calculation and design, the Institute is required to certify the technical book of the building as they meet the conditions of the resistance, stability and functionality provided by law.


Article 9 for the purposes of the exercise of State control in the field of quality construction set up a unitary system of State construction inspection.
State construction inspection shall take place within the framework of the General State Inspectorate for investment-construction.
Inspection of construction is subordinated to the State and the Council of workers ' Control of economic and Social Activity.
Each county organizes specialized inspections for construction works under the control of County Councils of workers ' economic and social activity.
The organisation, tasks and responsibilities of the State building inspection shall be established by law.


Article 10 Constructions of any kind will be used only for the purpose for which it was designed, with strict observance of the conditions of exploitation laid down in the draft and in the specifications.
To change the destination, or the execution of any additional floors atop changes that could affect the strength of construction are forbidden and shall be imposed according to law.
It prohibits the placement of the upper floors of buildings, warehouses, libraries, archives, iron, metal, wardrobe facilities computing centers and other heavy objects except in cases where the buildings meet the specific functionalities have been designed specifically for this purpose.


Article 11 any work of maintenance or repair of structures must be carried out in such a way to maintain strength and stability, as well as projected other technical and functional parameters.
It is prohibited to design or performance of any changes that weaken the strength of the construction.

The amendments does not diminish the strength of the construction can be done only on the basis of a special project, approved under the present law.


Article 12 ministries, other Central and local bodies, research and design establishments, plants and building enterprises or producing construction materials, the beneficiary units responsible, corresponding to their duties, for ensuring the quality of construction and maintaining them in good condition throughout the operation.
Bodies and organisations referred to in the preceding paragraph are obliged to draw up annual programmes for improving the quality of construction, and the introduction of new constructive solutions, to generalise the modern technological processes running, to diversify and to develop the production of building materials and elements, to establish measures to reduce the costs of materials.


Article 13 technical and economic Councils in enterprises, design institutes, ministries, other central organs and executive committees of Councils are required to analyze the popular conception of a whole and constructive solutions from technical and economic documentation, to propose measures intended to ensure proper functionality and strength of construction, dimensioning of elements of its judicious components, the use of lightweight, efficient materials, obtained mainly from local sources employment, minimum surfaces, as well as the maintenance of the technical characteristics of construction with minimal operating expenses.


Article 14 Workers, leaders, technicians and engineers from design and execution units are responsible for strict compliance with the technical prescriptions for the design and execution, and are obliged to carry out a rigorous inspection of the work that they perform, and to remove any deficiency produced.


Article 15 Buildings of any kind may be placed in service only after receiving them, according to the law.
Reception committees and each member thereof are obliged to check rigorously quality conditions laid down in the technical specifications, in order and in projects execution and corresponding duties, respond to them, the quality of construction.


Article 16 Staff of design, construction and Assembly, producing materials, constructions and installations, the beneficiary units as well as members of the boards and supervisory bodies, responsible according to the law, material, civil, disciplinary, penal contravention, for any of the time malfunction of quality produced due to their warranty and lifetime service normata.
In order to ensure strict discipline throughout the construction activity, by law it will approve the disciplinary status of the staff of the construction.


Article 17 trade unions, other public organizations and councils working people and quality control committees in enterprises and economic units have a duty to act in order to mobilise workers, instructors, technicians, engineers and the entire staff of design and construction and installation enterprises producing construction materials and elements and facilities to comply with stringent technical requirements the verification of each job and is demanding the lifting of the qualitative level of the building.
At the same time, will lay down measures leading to the establishment of self-help organizations of construction-Assembly and design of a large mass of opinions for the practice of demanding their own self-control.


Chapter 2 Basic Conditions of construction quality article 18 Buildings of any kind must be designed and executed taking into account of the following criteria: classification of organic and harmonious) of the whole or of the lens in the sketch and details of town;
  

b) ensuring full and resistant behaviors, sustainability and safety in use of the entire building and its components parts at all, according to the rules established requirements;
  

c) satisfaction of technological production, conditions of life, production and safety for those who use the construction;
  

d adoption of technical solutions) effective leading to volumes and surfaces built at low costs, metal, cement and other materials and the application of the methods of high productivity;
  

It's an effective economic) increased in construction, by reducing the volume of expenditure and the necessary periods of time maintenance and repair;
  

f) rational organization lands, avoiding removal from agricultural circuit surface;
  

g) technical development of the municipal urban and rural localities, in close correlation with measures to protect the environment.
  


Article 19 the design and implementation of construction will keep into account the conditions specific to different categories of quality of construction, according to the provisions laid down in this law.
A. Industrial Construction Article 20 industrial Buildings will be designed and carried out in conditions which ensure quality necessarily: a) integration within the industrial platform, in conditions which ensure wide cooperation with other industrial targets and surrounding residential areas and to permit the establishment and joint exploitation of energy sources and networks, water supply and sanitation , stations and lines of communications, and socio-cultural amenities;
  

(b) the merging of production), the halls and buildings with similar functions, intensive use of the land, the Group of technological installations and utilities and execute them on the shortest routes;
  

c) Organization, technological flows of raw materials and finished goods, so as to achieve effective functioning of entire industrial goal;
  

d) conducting in good conditions and production processes of human activity;
  

surface sizing and e) the height of the halls, other construction in strict accordance with the requirements of the technological flow, with the machinery and gauge the nature of products, evitindu-is very large openings of roof structure and important tasks on the floor;
  

f) location of a volume as larger machines and industrial plants outdoors, sheltering them in buildings only in the cases when such a measure is imposed by the requirements of the technological process or machinery nature;
  

g) adoption, for covering and closing the side naves, constructive solutions from lightweight items, made with reduced consumption of metal and cement;
  

h) adopting constructive solutions that ensure the operation a minimum energy consumption and fuel;
  

I) use elements of constructions and installations and building materials for structures and finishes to ensure resistance to specific agents experiencing agony effect of production processes and the environment, health and hygiene conditions specific to the level prescribed by the rules;
  

j) natural light to the premises of production, except in cases where the production process requires other solutions;
  

k) realization system of rule ventilatiilor in natural and climatic systems, only in premises and only for equipment and technological lines whose operation requires special conditions of temperature, humidity and air pressure;
  

l) location, cable ducts, ventilation pipes and components of technological installations so as not to impair the structure;
  

m) building safety and hygiene conditions of work laid down in the regulations.
  

B. residential buildings Article 21 residential buildings will design and realize in conditions that ensure: (a) the entry under the provisions of this draft) and the details of the settlements, with strict observance of rules relating to density, height and distance between buildings and ensuring direct links, both within the ensemble, and in other areas;
  

b) durability and resistance, and high safety of operation, based on calculations that take into account all requests, including seismic, in accordance with the provisions of the rules;
  

c) requisite level of comfort and service through proper sizing of premises and adopting improved finishes, achieved through the use of efficient materials;
  

(d) respecting local specifics) architecture and harmonious in all constructive in the natural surroundings;
  

e adoption of architectural solutions) leading to structures ordered and homogeneous;
  

f) increasing industrialization and mechanization of execution, and the application of new technologies;
  

g) access connections between basements of buildings adjacent to each other;
  

h) location of the rule, the Centrals pozatym residential buildings in all cases, thermal power plants will be designed and executed, as to not affect the structure of the buildings and have direct access from the outside.
  

I refrigerated facilities) placement or other installations that produce vibrations so that, through simple and cheap systems, to avoid transmission of vibrations which may affect the strength or the proper functionality of the building.
  


Article 22


It prohibits the design and execution of Socialist organisations in residential buildings.
Location of fuel deposits will be made only in the out buildings.


Article 23 the realization of rooms or parts of rooms removed in the console, the upper levels of buildings, besides alignment vertical elements of the resistance of storied, will be able to do only in areas with low seismic activity, with the introduction of special measures to ensure the full building behaviors.
C. Constructions for cultural and educational activities article 24 Constructions for cultural and educational activities will design and execute so as to ensure that: (a) the constructive and architectural) solutions that allow for a good functionality, in relation to the intended use of the buildings and town-planning plan organic of;
  

b) location of the most important objectives in such a way to ensure the proper capitalization of the entire architectural ensemble;
  

c) dimensioning the rooms with main and auxiliary functions in compliance with the specific rules for each category, avoid spaces which have no utility role and to reduce to the strict minimum necessary for those affected movement;
  

d) circulation more efficiently with rapid evacuation;
  

e) combining in a harmonised manner the principles of modern aesthetics with traditional Romanian architectural elements;
  

f) adoption of architectural solutions that exclude heavy decorative elements, resulting in unnecessary loading of construction.
  

D. Construction for health protection Article 25 health and rest Constructions will be carried out in compliance with the following conditions: (a) compulsory insurance requirements), corresponding to the specific profile of the establishment and rules of operation;
  

b) linking with the architectural construction, volumes and surface sizing in strict accordance with the capacity and intended use of the units;
  

(c) establishing the objectives of capacity) network in compliance with the strict sanitary rules for the structure and profile of the units and avoid the development of hospital complexes with very large capacities;
  

(d) ensuring rapid evacuation by) trails and movement as well as shorter, provision of external accesses in the basement of buildings;
  

e) full implementation in value and protecting the natural climatic factors or with the balneari therapeutic and prophylactic qualities, taking into account the requirements of the population and health care provisions of the rules of the town.
  

E. Construction trade article 26 Construction trade must comply with the following conditions: the development of appropriate trade) requirements of the population, while respecting the systematization plans and organizational norms established by law;
  

b functional requirements) ensuring an effective commercial activities, according to the specifics of each objective;
  

c) hygienic and sanitary conditions for each class of goods which is the subject of activity of the establishment;
  

d) linking with the architectural achievement of constructive, spaces intended for circulation in stores without crosses and rapid evacuation;
  

e) limiting storage spaces to the absolute minimum and their location as provided by law;
  

design of commercial spaces) arranged at the lower levels of buildings housing only as constructive system adopted for these buildings; commercial spaces for which the functional requirements do not allow for compliance with this condition shall be made in a separate building apart buildings.
  

F. evaluate article 27 Constructions Constructions should evaluate ensure the best operating conditions corresponding to their destination, so as to enable them to achieve maximum yields and increased yields, according to evaluate compliance with the rules.
The design and execution of construction will evaluate respect the following conditions: a) the choice of locations to avoid removing set-aside and to capitalize on local conditions;
  

b) adoption of constructive solutions that allow widespread use of local materials;
  

c) dimensioning strictly necessary facilities of the technological specifics;
  

d) sizing so that construction ensure strength, stability and durability appropriate for their intended use;
  

e) constructive and functional choices in accordance with veterinary requirements;
  

f) prevention and control of pollution of the environment.
  

Silos and warehouses intended for storing cereals and condiţionarii, seed and other products will be designed and constructed in such a manner as to ensure the full protection of stored products against atmospheric agents, according to specific rules and requirements.
G. Construction hydro hydro-technical Constructions and article 28 works of water management will have to deliver a complex, using energy, water supply, navigation, irrigation, recreation, fish farm and others, depending on natural conditions, including works to combat soil erosion and slope exposure.


Article 29 in the design and implementation of hydro shall meet the following prerequisites: (a) adoption of measures) which provides solutions and avoid any damage to the dams as a result of the action of the water of requests or other seismic, and avoid clogging reservoir Lakes;
  

(b) the provision of dams) equipment for their survey and reporting the occurrence of phenomena which may affect the safety of operation;
  

c ensuring durability, stability) and safety in operation, the mechanical resistance, and for testing the resistance to atmospheric factors, erosion and corrosion, the massive construction and specific efforts in biological and chemical agents that may occur during the term of service;
  

d) adoption of effective, constructive solutions with reduced costs of steel and cement and a wide use of local materials and anrocamentelor;
  

e) employment within the organic nature, depending on the geological, hydrological and morphological aspects of it.
  


Article 30 Construction for irrigation and desecări will design and carry out according to the requirements of agricultural exploitation and natural conditions specific to each area in terms of quality which ensures the full capitalization: a) and increased efficiency with all fields from which you can designate by enhancing their capacity to continue production and preventing soil degradation phenomena;
  

(b) ensuring optimal conditions) of moisture throughout the growing season;
  

c) dimensioning of work systems and exhaust adduction finalizrii running irrigation, with the adoption of solutions that fully utilize the possibilities of gravitational water distribution and to minimise the consumption of energy and water losses;
  

d) channels, location of the rule execution of rectilinear paths, and their mainly săpătura with limiting the situations where strictly necessary embankments;
  

(e) provision of substitutes) metal for equipment management and distribution of water;
  

f) removal of excess water from the land surface and control the moisture regime, to avoid removing land from agricultural production through saraturare or inmlastinari;
  

g) location of the networks exhaust on draining the lowest shares of the land, using the natural depressions and avoid excavatiilor the unstable lands.
  


Article 31 soil erosion Construction will ensure the protection and conservation of the Land Fund in areas with terrain and will be carried out with the parameters to ensure: (a) the reduction of losses of) fertile soil on the hillsides in the regulated limits in relation to local natural conditions;
  

b) exploiting agricultural forestry land unproductive from the perimeter which is decorated and land affected by landslides;
  

fixing and enhancing c) many formations of depth and decreasing transport of solid material;
  

d) adoption of constructive solutions to strengthen the banks and other works with the use of local materials.
  

H. Construction of transportation Article 32 Construction of railways and roads will be designed and executed in a quality that ensures mandatory: a) the adoption of constructive solutions for earthworks, art works and superstructure corresponding to the tasks of traffic and which by his strength and stability, creating conditions for the full safety of the movement;
  

(b) the development of appropriate) moving, tightly wound and protected, which is not affected by the action of the waters;
  

(c) the provision of works) railway signalling, interlocking plants, block telecommunications line and in strict accordance with the needs of operating and safety conditions full circulation;
  

d) adoption, for roads, infrastructure solutions that ensure a good behaviour over time of the carriageway of the road;
  

e) adoption of optimal routes, which require a low volume of earthworks and ensure a minimum occupancy of farmland;
  


f) adoption of effective constructive solutions for the road surface so that they allow the safe movement of vehicles with speeds and tonnages;
  

(g) provision of constructive solutions) allowing full operation of the safety of bridges, tunnels, viaducts, as well as widespread use of local materials for their enforcement.
  

I. technical-urban Construction Article 33 technical-urban Constructions, including utilities and communications networks and related buildings that serve industrial objectives, housing estates, social and cultural objectives and other municipal buildings, will design and execute so as to ensure the good: (a)) functionality and a full safety of operation;
  

choice of optimal routes b), with the use of the characteristics of the terrain and avoiding travel water courses and ways of communications;
  

c) using solutions that save metal, to ensure minimum costs in operating and execution with a high degree of industrialization.
  


Chapter 3 obligations and responsibilities in ensuring the quality of construction, section I, obligations and responsibility of ministries, other Central and local bodies Article 34 ministries and other Central and local bodies to which investment are obliged to take measures to carry out organizational-technical in good condition of the production process and are responsible for the quality of construction-Assembly works executed at the subordinate units, in which purpose are obliged : a) ensure the inclusion in command of all the data needed for effective development of constructive solutions;
  

b) to verify and accept only documents with design solutions that ensure quality construction and to require modification of the project when designer finds that it leads to inadequate quality;
  

(c) to take steps for) ensuring the technical and material conditions determined by law, for the proceedings to be conducted properly;
  

d) to oversee the correct accomplishment of works execution and compliance projects, and to take measures for the Elimination of deficiencies observed;
  

e) to control the manner in which the recipient units fulfil their obligations relating to the quality assurance of construction and preparation of technical book construction;
  

f) to guide and verify the work of boards of reception to ensure a high quality standard at the reception of the work; to control tasks set out by the Commission of reception;
  

g) to control the manner in which the recipient units ensure the construction and operation to ensure compliance with the provisions of the draft and the rules for their maintenance and repair.
  


Article 35 Ministries who responsible for construction-Assembly units are obliged: a to ensure) good organization and conducting of construction works on all Pocket PC units responsible for;
  

b) ensure specialization construction units, equipping them with appropriate introduction of results of scientific research, of new construction methods and techniques and the generalization of the experience;
  

c) to organize quality control of construction works and its activity bin technical control quality of construction-Assembly units;
  

d) to analyse the annual level of quality of construction works, performed by the units responsible for, and to take measures to raise the quality of construction;
  

(e) to take measures for) training and in-service de builders;
  

f) to follow up the execution of the tasks laid down by the manufacturer of the committees and of the superior bodies.
  


Section II of the obligations and responsibilities of the recipient investment units Article 36 Units of investment responsible for determining technical requirements and functional constructions, their realization in the construction and operation of works in strict accordance with the design documentation, in which purpose are obliged to provide for: (a)) in order to develop constructive solutions project which will ensure rigorous quality standards and the reduction of the volumes and areas built , reducing the duration of the work and the achievement of a high degree of industrialization in execution;
  

b) to check the documentation of the design and to accept them only if they correspond wholly quality conditions;
  

c) to ensure the technical and material conditions necessary for carrying out the work without interruption on the nature of prejudice to quality;
  

d) to oversee the work on realization of correct phase, according to the draft, and to signal the deviations noted Designer;
  

e) to ensure the receipt of work phases and to enter in their reports, together with the contractor, the quality of the work of the Foundation, structure, and any jobs that become obscured;
  

f) to comply with the measures laid down by the Commission for the reception and to pursue the tasks specified therein for the designer and manufacturer;
  

g) to exploit the constructions in accordance with the provisions of the draft, of the specifications and standards for maintenance and repairs; not to carry out any alteration without approval provided for in this law.
  


Article 37 the recipient investment Units are obliged to enrol in technical book construction data: author of the project), the manufacturer, the specialists who have attested to during the execution of its quality and reception Comission;
  

b) degree of seismicity in the design and execution of construction;
  

c) main data and documents concerning the manner and conditions under which construction was made and its reception;
  

d) laboratory test results and quality samples made during the execution of the work;
  

e) basic requirements which must be observed during the operation of the construction, as well as elements necessary for their reaction to it in time.
  

Technical book construction includes the conceptual design.
Where were performed, with the approvals prescribed by law, repairs, modifications, changes or expansions of the construction, technical book construction will include special projects on which such works were carried out.


Article 38 the beneficiary Units shall not be entitled to bring any change.
Exceptionally and in duly justified cases it may only bring those changes through which does not affect the strength and stability of the construction. Such changes will only be executed on the basis of a special project developed, endorsed by the unit that designed the structures of resistance and only with the consent of the State Inspection bodies.
Where there is a lack of documentation of the structure, the draft amendment will be made only on the basis of expertise, with the agreement of the General Inspectorate of the State investment-construction.


Section III of the obligations and responsibilities of design Article 39 Units design carries the full responsibility for ensuring the project of resistance, durability, safety, proper behaviors over time, as well as other qualitative traits peculiar to each building, depending on the destination and the conditions laid down for its implementation and exploitation, in which purpose are obliged: a) to ensure the projects coverage indicators in order note agreements, permits and enforcement agencies, components of technical parameters and technico-economic;
  

(b)) to take the necessary measures to ensure that the solutions adopted to meet the projects quality conditions with the use of efficient materials, suitable construction technologies, with character, with a high degree of industrialization and mechanization;
  

(c) to promote the use of) large scale modern methods of calculation in the design of projects, as well as type, to refine consistently;
  

d) to experiment on the models, whenever appropriate, of technical solutions, in order to check and improvement thereof;
  

(e) to take measures for) harnessing of scientific research results and generalization of advanced technical solutions, initiating new research in the areas of prospect;
  

f) ensure high quality of all verification of projects developed, reliability and accuracy of the calculations in plans and projects of the songs written, taking steps to rebuild the defective ones;
  

g) to oversee and to pursue the achievement of construction with a view to respecting, on site, of the projects;
  

h) to establish, together with the customer, building objects whose behavior must be tracked over time qualitative and its follow-up programme;
  

I) to ensure that, under the law of obligations in connection with Designer reception investment objectives;
  

j) to adopt, through special programs on an annual basis, measures to improve the quality of design solutions;
  

k) to draw up, whenever necessary, specifications concerning the execution of the work, as well as prescriptions for maintenance or operation of construction;
  

l) to create the conditions for the provision of information and keeping abreast of the designers with the newest and most effective technical solutions, from the country and abroad.
  


Article 40


Design of management responsible for quality assurance constructive and functional solutions to the project, the introduction of technical progress and new technologies, in which purpose are obliged: a) to ensure that the elaboration of each project should be entrusted to designers who have the appropriate knowledge and experience to the specific requirements and the degree of complexity of the problems to be solved are required by that project;
  

b) to organize and provide technical guidance on the design of the entire hard drive and generalization of the most effective methods and solutions;
  

c) to organize projects, checking the technical and economic councils, on the quality and efficiency of economic solutions, before handing the projects;
  

(d) prohibit the adoption of) his constructive solutions which would lead to the removal of the walls in the front console of the resistance structure plan;
  

e) to organize the control sites and ensuring the participation of designers from the reception of the objects and investment objectives;
  

f) to organize prosecution service of objectives designed for the purpose of continuous improvement solutions;
  

g) to organize and provide documentation and information technique and specialized designers and other specialist staff from the unit through the equipping of units concerned with technical, equipment and materials catalogues, magazines and books.
  


Article 41 the head of a project together with other designers responsible for quality assurance project, solution, and has adopted the following main obligations: to coordinate the whole design) its aim and object components, so as to achieve a unitary whole with high functionality, full safety in operation and maximum efficiency;
  

b) to direct the way the work of designers and planners to ensure liaison with various specialities which participate in the elaboration of the draft;
  

c) to wrap the project in technical-economic indicators of the order; to respect the agreements and legal notices;
  

d) ensure collaboration with the constructor for setting variants and constructive solutions to be adopted in the project;
  

e) ensure verification of project solutions and to participate directly in its implementation;
  

f), together with its established manufacturer and beneficiary, the quality control program on the site and insure its execution;
  

g) to participate in the reception of the works for which he served as head of the project.
  


Article 42 Designers respond directly the quality of solutions developed and have the following obligations: a) comply with the provisions of standards, specifications and other technical prescriptions;
  

b) automatically correct construction and related facilities so as to ensure their good behavior throughout normata exploitation;
  

c) to incorporate into projects solutions that ensure full quality parameters concerning the strength, durability, functionality, construction as well as other specific quality requirements the goal you're designing;
  

d) to participate directly on the construction site, the execution of the project on which he drafted and to control the quality of execution, in accordance with the programme established with the customer and the manufacturer.
  


Section IV of the Obligations and responsibilities of the technical-economic councils Article 43 technical and economic Councils function as advisory organs in ministries in the other Central and local bodies, in design and in power plants and the recipient undertakings. They are responsible for checking the technical and economic documentation underlying the achievement of construction.


Article 44 technological and economic councils, ministries and other Central and local bodies, as well as power plants and the recipient undertakings, are required to verify in the command and execution projects, developed by design units, ensure compliance with the requirements of: (a) technical) in construction and employment in sketches and details of town;
  

(b) the adoption of constructive concepts) and assumptions for calculating the correct, corresponding to requirements of strength, stability and proper functionality of the construction;
  

c) consideration in seismic applications, project according to zonarii established by law, as well as natural conditions due to requests are to be made and to exploit the construction;
  

d) provision of sound solutions of the general plan to minimise areas constructed and achieving technological flows corresponding to the requirements of efficiency in the operation of the objectives;
  

e adoption of technical solutions) that lead to reduced consumption of cement and steel construction design, complying with the parameters laid down in the plan.
  


Article 45 technical and economic Councils from design institutes are obliged to analyse economic and technical documentation developed by the designers in that purpose must be to verify: (a) constructive solutions) and overall conception of the project;
  

b) to analyse the dimensions of structural elements to ensure stability, strength, protection, anti-seismic according to zonarii are determined by law and their protection against fire;
  

c) to follow the increasing industrialization of works by using reusable type and projects, as well as technologies that lead to mechanization construction execution;
  

d) to improve the quality and to pursue economic efficiency of works designed;
  

e to inform only those) notes, projects and bid documents falling within the provisions of the standards, technical rules and norms.
  


Article 46 technical and economic Councils have an obligation to monitor compliance with the stringent legal standards projects concerning quality of construction, to propose improvements to the solutions from documentation and are responsible for the submissions that you make.


Article 47 collective governing bodies debated units and approve the order notes and drafts of the execution only after they were approved by the Council of money from the unit.


Section V-of the obligations and responsibilities of construction-Assembly Article 48 construction-Assembly Units are responsible for the execution of the works in compliance with the technical prescriptions of even quality, in which purpose have the following obligations: a) to take the necessary measures for the realization of construction works at the parameters listed in the technical projects and requirements;
  

b) to examine the projects running on the drafting of proposals for the improvement of constructive solutions; ask the designer to amend those provisions of projects that could lead to violation of the technical standards of quality;
  

c) to organize performing quality checks at all stages of implementation;
  

d) to ensure the supply of high-quality materials, and proper handling and storage of materials, so as to avoid damaging them;
  

e) to take the necessary measures for the manufacturing sites and in workshops on own prefabricated products and semifinished products of good quality;
  

f) to organize work on construction sites, teams, with application to boost the quality of the work, of adequate staffing, payroll, the global agreement;
  

g) to organize the control compartment technical quality, its engagement with agencies across the well-trained personnel and equipment with good quality equipment;
  

h) to adopt remedial measures to the construction which i defections were reported and to prevent the recurrence of such damage;
  

I only reception) to submit heirloom-quality construction;
  

j) take steps to raise the professional qualification of workers and to improve the professional level of the instructors, technicians and engineers;
  

k) to hand over the necessary documentation for the beneficiary's drawing up of technical book construction.
  


Article 49 shall be prohibited for construction-Assembly units: a) to alter, without prior consent of the designer, technical solutions of design which may affect the strength, stability, functionality, architecture or the safety of operation;
  

b) to conceal the faults of implementation or have them remedied under conditions other than those provided for by law;
  

c) to make cuts and perforari in other works or dams in flood defences.
  


Article 50 troubleshooting runtime is based on solutions developed by design or construction-Assembly. Fault troubleshooting solutions, developed by construction-Assembly units, shall be appropriated by the units design and beneficiary.


Article 51 officers and other leaders of construction-Assembly units are responsible for carrying out all the tasks incumbent upon the establishment in the field of quality and have the following obligations: a) to ensure strict compliance of projects, the rules and technical prescriptions for changes made by the units responsible for;
  

b) to ensure the material conditions, technical and organizational measures necessary for the execution of work in strict conformity with the technical documentation;
  

c) to organize working with design units in establishing constructive solutions and drafting of organization and technological descriptions;
  


d) to control the quality of standing and demanding and to take measures for the removal of the stock established deficiencies and determination of liability of the convicted persons;
  

e) ensure collaboration with the designer in order to establish, during the design, solutions and detail to enable the application of the most effective technologies;
  

f) to entrust the execution of technical frameworks with appropriate professional qualifications and experience of construction and complexity of the work.
  


Article 52 the Chief supervisor is responsible for the quality of works performed and shall have the following obligations: a) to ensure the proper organization of the production process, the conditions necessary for the execution of the work entrusted to it in accordance with the technical requirements of the project, as well as the correct application of the schedule;
  

b) to organize a rational management and conservation of materials necessary for carrying out the works entrusted to it;
  

c) to stop the execution of defective and to take remedial measures and bringing the guilty ones;
  

d) comply with the indications given by the inspection bodies of the State, organs of control directions of the beneficiary and the designer, to carry out within the time limits laid down remedierele entered in the minutes of the receipt of the work.
  


Article 53 the leader responsible for batch execution that were entrusted, in compliance with the strict execution of the projects, the specifications may and technical requirements, and has the following main obligations;

to ensure correct execution) to operations to trace and to pursue rigorously throughout the execution of the geometrical characteristics of the construction, under projects;
  

b) control, in all phases of execution, how leaders ensure that strict provisions concerning the quality of the works included in the projects and in technical regulations;
  

c) ensure to check the quality of materials and construction elements and equipment that we introduce in this paper;
  

(d) to draw up and to) keep up to date record of the documents required by the technical requirements concerning the quality and execution of the work;
  

e) ensure to check the quality of the work they become hidden and to draw up, together with the customer, documents specified by the regulations in force for these works.
  


Article 54 the foreman and head of section responsible for working together with the heads of the team and the quality of workers and operations have the following obligations: a) to organize workplaces and production processes and to create the conditions necessary for the execution of the work;
  

b) to control the quality of the work carried out by teams whose coordinates;
  

c) to guide and oversee the work of the team bosses and workers to comply with the stringent specification of tasks, projects, technological and technical requirements specific to each of the charts;
  

d) to carry out operations of trace and levelling entrusted;
  

e check the quality of the materials), building and installation elements and to introduce this work only materials or building elements and systems which comply with the provisions of quality projects, and technical specifications;
  

f) to control quality at all stages of implementation, including the handing over and receipt of the work between teams;
  

g) carry the receipt phase of works performed by the bands of subordinates.
  


Article 55 the head of team or brigade responsible for compliance in the execution of the project, technical requirements, technological sheets, rules specific to their respective trades and technical indications given by the foreman or boss of the thing, as well as quality control of work performed by workers in the team or Brigade.


Article 56 the workers responsible for the quality of work done and have the obligation to abide strictly by the implementation of specific technology for each operation, using only quality materials suitable to check through quality checks, to be demanding any offense produced and to remedy the defects found by the quality task force. Also should contribute to raising the quality of construction, saving and judicious management of materials.


Section VI construction Article 57 front desk Reception construction constitutes an attestation by the reception of the fulfilment of the conditions laid down in the quality of the technical requirements, design projects, in the specifications and the provisions of which have led to the execution of the construction.


Article 58 of the reception building, are by law responsible for admission to reception only works that match exactly the quality requirements specific to each gender works and have the following obligations: a) check with the exigency of quality objects and subject to reception, on the basis of analysing the findings and legal documents that certify the quality of the works on execution phases including the work become hidden;
  

b) to refuse to receive the objects that were not fully completed or which do not meet the legal conditions of quality;
  

c) certify the quality construction with receiverd legal conditions, the quality of the reception at the time of admission.
  


Article 59 the reception of each object of construction is carried out in two stages: the preliminary reception);
  

b) reception.
  

Preliminary reception is performed only after completing all construction activity. From the date of receipt of preliminary term of guarantee flows, which is three years for changes to the mining sector, hydropower and dams, 2 years for construction, thermal power plants and lines, 1 year and 6 months for residential buildings and one year for industrial buildings and all other categories of construction.
The final reception takes place at the expiration of the warranty period.
Construction-Assembly unit is obligated to remedy all defects encountered with a quality warranty which is not due to the beneficiary's fault.


Article 60 Through the final reception check and assess: (a) normal operating behaviour) in the warranty period, the object received, including related works;
  

b) to remedy the defects observed in preliminary reception or in the warranty period, as well as their quality.
  


Article 61 troubleshooting the quality guarantee period is carried out by construction-Assembly organizations who completed the object received.


Article 62 minutes of receipt of the completed Commission for reception of the document attesting the quality of construction.


Section VII: duties and responsibilities of the General Inspectorate of the State investment-construction and other organs Article 63 of the State Inspectorate for the investment-Building exercise of State inspection on quality construction and has the following obligations and responsibilities: a) to exercise State control of construction quality in all stages: in design, workmanship and in the course of the period of exploitation;
  

b) to identify the negative phenomena in the design, execution, construction or operation of the product and to take measures for their elimination;
  

q) suspended the execution of the work, or have a defectively made, and restoring them on account of persons responsible;
  

d) to give provisions controlled units in relation to the deficiencies;
  

e) stipulating the repetition or filling in reception when noticed that the decisions adopted by the Commission shall not abide by quality standards or when the behaviour of the construction is threatened;
  

f) to propose or to issue detailed rules concerning the powers, manning and equipping with the verification of the quality of construction, technical control compartments quality construction-Assembly organizations and to verify the activity of these compartments;
  

g) to initiate or to organize, in cooperation with ministries and other bodies concerned, shares for qualification and raising the qualifications of Auditors of quality techniques; to take measures for the implementation of the programme of professional development for the purpose of knowledge and application of the generalization methods and techniques of quality control of construction;
  

h) ensure documentation of specific technique.
  


Article 64 central Institute of research, design and construction directivare has the following main obligations regarding the quality of construction: a) to ensure the introduction of technical progress in the building sector through organizing the activity of research, design and construction directivare;
  

b) to elaborate technical binding in construction and to take measures for improvement of them;
  

(c) to take steps for) a declaration by the new materials and special items and approve approval of new technologies, equipment and machinery necessary for construction activity;
  

d) to carry out technical solutions expertise, projects and construction, in accordance with the provisions of the law;
  

e) ensure publication of all rules, norms and technical requirements relating to the design and execution of construction.
  


Article 65


The financing banks are obliged to refuse the settlement or to withdraw on account of design organizations, design quality and value of the work, to the beneficiary, on the basis of improper acts controlling drawn up by control bodies provided by law.


Chapter 4 quality control execution for construction-Assembly works Article 66 execution of quality control for construction-Assembly works is exercised on each phase and aims to prevent or eliminate any defects arising during the execution of works.
In case of irregularities, defects control bodies are obliged to take measures for stopping, or remediation work and punish the guilty persons.


Article 67 quality control execution for construction-Assembly works is exercised by local design, execution, beneficiaries, hierarchically superior bodies and funding banks, as well as State inspection bodies in the building.


Article 68 In construction-Assembly units, technical quality control is organized as an integral part of the production activity, specialist in bins located in the driver's direct subordinate unit and has specialized in building inspections within the county councils of workers ' control of economic and social activity.


Article 69 the engine technical quality control has the following obligations: a) to control consistently to all objects, the main phases of implementation which by their nature are determined for the quality of work;
  

b) oversee demanding how they carry out the reception quality of materials and construction elements;
  

c) to guide and monitor the work of their own laboratories for quality control.
  


Article 70 control compartment of the quality control and the quality of construction elements and facilities to be implemented on construction sites for construction-Assembly organizations or in their own workshops.


Article 71 the driver compartment of technical checks on quality shall have the following obligations: a) to organize, to guide and to verify the activity of quality techniques and controllers of laboratories;
  

b) stop the continuation of execution from which there have been defects in quality or deviations from the provisions of the draft;
  

c) to ask the leadership of the Organization for construction-Assembly deficiencies and taking steps to prevent their recurrence;
  

d) to refer the matter to the General Inspectorate of State organs for investment-Construction in case of accidents or of rejection due to construction defects.
  


Article 72 Staff of technical control of quality must be authorised by the General Inspectorate of the State investment-construction.
Appointment, change, termination or disciplinary action sanction work staff from technical quality control is done by the head of the unit, with the agreement of the General Inspectorate of State organs for investment-construction. For the driver's compartment is required and the consent of the hierarchically superior body.


Article 73 Controllers techniques within the control compartment for technical quality shall have the following obligations: a) to verify, in accordance with the plan of supervision, the quality of works performed and ensuring conditions for achieving quality requirements in the next phases of implementation;
  

(b) require immediate remediation) of any faults found and to pursue their realization;
  

check the accuracy of q) reception strength structure elements and they become hidden works;
  

d check the quality elements) its construction made in the yard, and the way in which it carries out on-site reception quality of materials and construction elements delivered by industry;
  

e to ask Chief) dock workmanship, cessation of works.
  


Article 74 Heads of laboratories and their staff are required to undertake analyses, tests and to establish networks with strict observance of technical requirements, as to the accuracy of the results and follow-up of its transmission at the time.


Article 75 the recipient Control is exercised through the specialized technical staff, which has the following main obligations: to) teach correctly levelling landmarks and coordinates related construction;
  

(b) to verify the quality of the works), as well as materials and construction elements and equipment introduced in the paper; ask for stopping, or remedy the inappropriate quality of works performed construction-Assembly unit;
  

c) to refer the project to the designer during execution;
  

d) to participate along with the contractor to check the quality of the work they become hidden and to record in the minutes of its findings;
  

e) to participate in the control of the construction quality designer;
  

f) to accept the payment only qualitative works.
  


Chapter 5 Liability and sanctions Article 76 damage to property due to destruction or degradation of parts of constructions of building products, times the fault of the designer, shipbuilder times other people who participate in realization, control or operation of construction is the support, according to the powers and the degree of guilt of each.


Article 77 construction quality Confirmation by the technical control of quality, by recipient organizations or by receiving commissions do not eliminate direct liability for quality of those who organized and led the design-build process, nor those who have designed or executed directly on construction to subsequently find defects.
Persons responsible for carrying out the control shall be responsible for the quality of the construction together with the designer, Builder and beneficiary, each according to the duties and the extent or guilt.


Article 78 shall constitute offences and are punishable by imprisonment from 5 to 15 years and the prohibition of certain rights and making a construction times its performance of any changes without complying with the statutory technical requirements concerning stability and endurance, though it could have as a consequence of loss of life, destruction and degradation of some important installations or machines or other serious consequences.
The acts referred to in the preceding paragraph shall be punished with imprisonment from 10 to 20 years, the prohibition of certain rights and partial confiscation of property if they had as a result the total or partial destruction of the building, death or serious injury to body or health integrity of one or more persons, the destruction or degradation of important machinery installations or other serious consequences.


Article 79 shall constitute offences punishable by imprisonment from 6 months to 2 years for performance of any changes to the construction in violation of provisions relating to the approval and enforcement of these amendments.


Article 80 Constitute contraventions to provisions of this law the following acts, if they were not committed in such circumstances that, according to the criminal law, be regarded as offences, and fines shall be imposed: i. from 3,000 to 10,000 lei lei: a) the issue of the command for compiling the project construction with wrong data;
  

(b) failure to comply with technical requirements) in designing and running;
  

(c) failure to perform obligations) mode of operation and maintenance of structures;
  

d) neremedierea defects during the execution of work become hidden;
  

(e) General Inspectorate) neînştiinţarea of State for investment-construction, within 12 hours, about technical production accidents;
  

f) to fruition, neaducerea within the period established by the clean report of findings, indications given by the Inspection bodies of the State in construction;
  

g) failure by the leaders of the design and implementation of organisational conditions necessary for carrying out the construction quality.
  

II. From 1,000 to 3,000 lei lei: a) the failure to score in the technical book of the construction elements required for the survey in time;
  

(b) failure to perform obligations on verification) classification of projects under execution of the approved order or neremedierea found flaws in projects directly or have been brought to the attention of construction-Assembly unit;
  

c execution failure nesupravegherea), control of the works, as well as failure to comply with legal obligations to require stopping, or remedy the improper works or to refuse to pay them;
  

d failure to comply with obligations) the reception of the work.
  

III. From 500 to 1,000 lei lei: a) of not announcing the designer about deviations from the project during the execution of the work;
  

(b) failure to provide conditions) handling and storage of materials that lead to their degradation;
  

c) neînştiinţarea General Inspectorate of State organs for investment-Construction about receptions rejected due to poor quality work;
  

(d) failure to perform obligations) survey of the time of construction and of the obligations relating to the maintenance and repairs;
  


(e) failure to perform the obligations relating to control) the systematic construction and quality of work.
  


Article 81 the finding of violations under article 4. 80 and sanctions are carried out by persons involved in the control of the State Inspectorate in constructions and its territorial bodies.


Article 82 Against the minutes of evaluation and the application of the penalty, the offender may make the complaint within 15 days of receipt. The complaint is submitted to the governing body the body is discovered.


Article 83 application of sanctions for the offences mentioned in article 1. 80 of this Act may not be brought within two years from the date of Commission of the offence.


Article 84 In so far as this law provides otherwise, the offences mentioned in article 1. 80 you are applicable provisions of law. 32/68 on the establishment and sanctioning violations.


Chapter 6 final provisions Article 85 for materials and construction and installation industry products shall apply to the provisions of the law on product quality and service.


Article 86 for the others of the Ministry of national defence and the Ministry of Interior design and execution of quality control is exercised by the organs of these ministries.


Article 87 research institutes, design, construction and Assembly enterprises and recipient of investment units shall provide its inglobarea designed and the construction of dams and other importance control apparatus and parts necessary reaction in time of construction or of certain elements of the structure, including seismic over the respective construction. The beneficiary of the investment required to maintain in good condition the equipment and parts, to pursue and to verify the behaviour of construction based on technical norms elaborated for this purpose.


Article 88 in design or contractor will provide, whenever necessary, the specific conditions and requirements of quality technical prescriptions included the obligation of compliance with them, and the responsibilities of the Contracting Parties.


Article 89 of the economic Contracts concluded by construction-Assembly organizations with suppliers of materials or elements of building and installation should provide for an obligation of compliance with the conditions of quality and guarantee for the delivered goods and strict consistency between the characteristics of supply and quality Companion.
Providers are obliged, within 15 days from receipt of the communication the establishment of construction-Assembly, to remedy or replace the materials or building elements and installation of any quality. They are responsible for damage caused by non-performance or late execution of this obligation.


Designer and Manufacturer of article 90 shall be responsible for hidden defects of the construction, cropped up over a period of 10 years after the surrender, and after this period, throughout the normata service, neincadrarea for construction defects resulting from the degree of seismic activity.


Article 91 the ministries, other central executive bodies and committees of the District Councils and popular of the municipality of Bucharest, which have subordinated units design and construction-Assembly units, will develop within 6 months from the date of publication of this law, with collections drawn from technical regulations relating to construction quality, specific works necessary for designers and construction personnel.
Ministries, other central executive bodies and committees of the District Councils and the popular Bucharest will adopt, within six months from the date of publication of this law, on the basis of methodological rules laid down by the central Institute of research, design and construction directivare, in collaboration with the Ministry of construction, Ministry of Industrial power and the Popular councils, Issues rules for maintenance and repair construction as well as for the survey in their time.


Article 92 Every construction will carry a plaque with the names of the authors.
To illustrate the construction being carried out at a level of quality, both in terms of project design and execution, the ministries and other Central and local bodies, holders of investment consultation organizations design and construction-Assembly will make annual proposals to the Council of Ministers, the General Inspectorate of the State investment-construction, providing the distinctive title of the "best building of the year". This title will be awarded on special holders on counties and special categories. Designers and builders will receive diplomas, and construction will be marked with a plaque that will score the distinctive title and authors ' names.


Article 93 the provisions of this law relating to the obligations and responsibilities of construction-Assembly units and staff within it is applied properly and units that execute for construction-Assembly works in directing those providing services in construction by the population, as well as cooperative and public units carrying out construction works.


The provisions of article 94 of this law relating to the control of the execution of construction-Assembly works and maintain their quality during operation is applied properly and construction whose execution is performed in directing individuals or legal persons, other than a Socialist organisations, or which are owned by them.


Article 95 provisions contrary to this law are hereby repealed.
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