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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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LEGE no. 8 8 of 1 July 1977 on ensuring sustainability, safety in operation, functionality and quality of construction
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 64 64 of 9 July 1977



The economic and social development of the country in accordance with the objectives set by the Romanian Communist Party Program for the development of the multilateral socialist society developed and Romania's advance towards communism requires the achievement of extensive programs of investments. The realization of these programs makes it necessary to develop at a sustained pace the industrial construction, housing and social-cultural buildings, hydrotechnical constructions, agrootechnics and others to ensure the creation of better working conditions and the life of all citizens, the maximum efficiency of production capacities and other fixed funds and increased labour productivity. Under the conditions of the contemporary scientific and technical revolution it is necessary that, with the completion of the extensive investment program, to ensure the realization of sustainable construction, with high safety in operation and good functionality, as well as permanent improvement of construction quality, in strict accordance with the general needs of the development of our socialist society. In order to establish the obligations and responsibilities of the ministries, other central bodies and executive committees of the county and county councils of Bucharest, industrial plants, enterprises and the other economic units and the staff working in the construction sector, The Great National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 Basic principles and rules + Article 1 In the Socialist Republic of Romania the continuous improvement of design design, execution technologies, quality of materials, introduction of new techniques and constructive solutions, as well as rigorous compliance with the operating norms construction, constitutes a basic obligation for ministries, other central and local bodies, for the collectives of working people from the design, research, execution and material manufacturing units, as well as for all beneficiaries Construction. The state ensures, through the unique national plan, the necessary conditions and resources for the realization of constructions in accordance with the latest conquests of the contemporary technical-scientific revolution, with the requirements of the economic and social development of the country + Article 2 The design and execution of constructions of all categories is carried out in accordance with the sketches and systematization details, in strict compliance with the technical prescriptions, to ensure their strength, durability stability and safety in exploitation, good functionality, proper architectural aspect, a high degree of economic and social utility. Construction must create normal working and living conditions for those who use them, to fully respond to the purpose for which they were made. At the same time, the constructions must thus be designed and executed to avoid oversize, to reduce to the strict necessary the built surfaces and volumes, to ensure the efficient use of material and labor resources in execution. + Article 3 The basic technical characteristics and the qualitative level of the constructions are established in a unified manner by standards, technical norms, specifications, which are approved by the bodies provided by law and are mandatory for all units participating in design, execution and operation of construction. By standards, technical norms and specifications must ensure new constructive solutions and methods, high productivity execution techniques, the use of resistant and light materials and building elements, to confer Building a good behavior in time, as well as superior economic efficiency. + Article 4 For protection against earthquakes and safety in operation, all execution projects will be drawn up with construction insurance at the degree of seismicity established according to the zoning provided by law. Fire prevention rules will also be observed in the design and execution of construction. The design and execution units are obliged to mention in the execution project and in the technical book of the construction the degree of seismicity and the degree of fire resistance for which the construction was designed and executed. + Article 5 For all categories of buildings will be provided, through technical norms, the design and realization of constructive solutions that avoid the use of heavy elements for roofs and floors. It is prohibited, at design and execution, the incorporation of installations of any kind in stiles, in beams and in the joints between the prefabricated elements of the buildings. Technical norms will provide that warehouses, archives, installations and heavy objects will be located only at the basement and ground floor of the buildings. In the case of constructions that are to perform specific functions, the technical rules will provide for special measures to be considered at the design for their location on the floors of the buildings. Technical rules will also determine the conditions under which machinery, machinery and technological installations can be located on the floors of industrial buildings. + Article 6 For all constructions, regardless of their nature, the beneficiary units are obliged to draw up, together with the design and execution units, the technical book of the construction, which must necessarily include the execution project, any subsequent additions thereto, approved according to the law, as well as the technical rules of operation and maintenance. After the final reception, the technical book of the construction shall be kept at the committee or executive office of the communal, city or municipal council of the locality where the construction and the beneficiary unit is located. + Article 7 The quality control of the constructions is carried out by phases, during the design and execution, and by periodic checks of the elements provided in the technical book, during the construction of the constructions. The designer and the builder are obliged to check the exigent by self-control all the operations they execute and respond to the rigorous compliance with the technical norms in the realization of each work. The bodies exercising the technical quality control and the beneficiary units shall be responsible for verifying the constructive solutions, the quality of the execution, the materials used, the way the construction is being exploited. It is mandatory to perform distinctly the control and reception regarding the quality of the foundation and the resistance structure and the verification through laboratories and mobile stations, the quality of concrete and the other component materials. The control bodies are obliged to stop the execution and to order the restoration of all works that do not comply with the technical prescriptions, taking measures to recover the damage and to hold the guilty persons accountable. + Article 8 Projects for unique constructions with high technicality and of particular importance, all type projects and those for constructions to which new methods of design and calculation are applied shall be analyzed and expertly surveyed or, as the case may be, it is tried on the model by the Central Institute for Research, Design and Directivation in Construction The central institute of research, design and directivation in construction is obliged, together with the design, execution and control bodies, to verify the execution of the works on these constructions, until the final reception. In the case of unique constructions of particular importance and those to which new methods of calculation and design have been applied, the central institute is obliged to attest in the technical book of the construction that they meet the conditions of resistance, stability and functionality provided by law. + Article 9 In order to exercise state control in the field of construction quality, a unitary system of state construction inspection is established. The state construction inspection is organized within the General State Inspectorate for Investment-Construction. The state construction inspection is also subordinated to the Workers ' Control Board of Economic and Social Activity. In each county, specialized inspections are organized for constructions that operate within the county councils of labor control of economic and social activity. The organization, duties and responsibilities of the state construction inspection shall be established by law. + Article 10 Constructions of any kind will be used only for the purpose for which they were designed, in strict compliance with the operating conditions provided for in the projects and in the specifications. Change of destination, overflow or execution of any changes that could affect the resistance of constructions are prohibited and are sanctioned according to the law. It shall be prohibited to place on the upper floors of buildings of any kind, libraries, archives, iron houses, heavy metal cabinets, calculation centre facilities and other heavy objects except in cases where they are located. which buildings meet specific functionalities and have been specifically designed for this purpose. + Article 11 Any maintenance and repair work of the constructions must be carried out in such a way that the projected strength and stability, as well as the other technical-functional parameters, are maintained. It shall be prohibited to design or execute any modification that weakens the construction Changes that do not diminish the resistance of construction can be done only on the basis of a special project, approved under the conditions of this law + Article 12 The ministries, the other central and local bodies, the research and design units, the plants and the construction or construction materials companies, the beneficiary units respond, corresponding to their duties, from ensuring the quality of construction and maintaining them in good condition throughout the course of exploitation. The bodies and organizations set out in the previous paragraph are obliged to prepare annually programs for improving the quality of construction, to ensure the introduction of new constructive solutions, to generalize modern technological processes in execution, diversify and develop the production of materials and building elements, to establish measures for the continuous reduction of material consumptions. + Article 13 Technical-economic councils from enterprises, plants, design institutes, ministries, other central bodies and from the executive committees of the popular councils are required to analyze the overall design and constructive solutions. from the technical-economic documentation, to propose measures leading to ensuring the resistance and good functionality of the construction, judicious sizing of its components, the use of light, efficient materials obtained with falling from local sources, occupying minimum land areas, such as and maintaining in time the technical characteristics of the constructions with minimum operating expenses. + Article 14 Workers, maisters, technicians and engineers in design and execution units respond to strict compliance with technical design and execution prescriptions and are obliged to carry out a rigorous control of the works they execute and remove any deficiency produced. + Article 15 Constructions of any kind can only be put into operation after their reception, according to the law. The reception committees and their each member are obliged to rigorously verify the fulfilment of the quality conditions, provided in the technical prescriptions, in the order notes and in the execution and response projects, corresponding to their duties what they come back, the quality of the constructions received. + Article 16 The personnel of the design units, the construction-assembly, the production of materials, building elements and installations, the beneficiary units, as well as the members of the reception commissions and the control bodies, are responsible according to the law, material, civil, disciplinary, contravention or criminal, for any quality failure caused by their fault, during the warranty period and the duration of normal service. In order to ensure a strict discipline in the entire construction activity, the law will approve the disciplinary status of construction personnel. + Article 17 Trade union organizations, other mass and public organizations, labor councils and quality control commissions in enterprises and economic units have the duty to act permanently in order to mobilize workers, foremen, technicians, engineers, all personnel from the design and construction-assembly units, from the enterprises producing materials and building elements and installations, for rigorous compliance with the technical prescriptions, verification the exigency of each work and the continuous lifting of the qualitative level of construction. At the same time, they will establish measures to lead to the creation in the ranks of the staff in the construction-assembly and design organizations of a wide table opinion for the practice of demanding self-control of their own works. + Chapter 2 Basic conditions of construction quality + Article 18 Constructions of any kind must be designed and executed taking into account the following basic conditions: a) the organic and harmonious framing of the assembly or the objective projected in the outline and the approved systematization details; b) ensuring a full stability and resilience, sustainability and operational safety of the entire construction and its component parts, at all the requests established, according to the norms; c) satisfying the technological requirements of production, ensuring the living, production and security of work conditions for those who use the construction; d) the adoption of efficient technical solutions that lead to minimum built volumes and surfaces, to reduced consumption of metal, cement and other materials and to the execution of high productivity methods; e) obtaining an increased economic efficiency in the construction operation, by reducing the volume of expenses and the periods of time necessary for maintenance and repair works; f) rational organization of occupied land, with the avoidance of the removal from the circuit of agricultural areas; g) technical-urban development of urban and rural localities, in close correlation with environmental protection measures. + Article 19 The design and realization of the constructions will also take into account the quality conditions specific to the different categories of construction, according to the provisions established in this law. A. Industrial construction + Article 20 Industrial constructions will be designed and made in quality conditions that will necessarily ensure: a) integration within the industrial platform, in conditions that ensure broad cooperation with the other industrial objectives and neighbouring living areas, and enable the joint implementation and exploitation of energy sources and networks, water supply and sewerage, stations and transport lines, as well as social-cultural facilities; b) the merging of production sections, halls and buildings with similar functions, for the intensive use of the land, the grouping of the networks of technological and utility installations and their execution on the shortest routes; c) the organization of technological flows, of raw materials and finished products, so that the efficient operation of the entire industrial objective is carried out; d) to carry out in good conditions the production processes and human activity; e) dimensioning of the surface and height of the halls, of the other constructions, in strict accordance with the requirements of the technological flow, with the gauge of machinery and the nature of the products, avoiding the very large openings of the elements of the roof structure and important tasks on the boards; f) the location of a large volume of machinery and industrial installations in the open air, their accommodation in buildings only in cases when such a measure is imposed by the requirements of the technological process or the nature of the machinery; g) adoption, for the coverage and lateral closure of the halls, of constructive solutions from light elements, made with low metal and cement consumptions; h) adoption of constructive solutions to ensure a minimum consumption of energy and fuel; i) the use of building and installation elements and building materials for structures and finishes that ensure the resistance to the effect of corrosive agents specific to the production processes and the environment, sanitary conditions and specific hygiene, at the level established by the rules; j) natural lighting of production premises, except in cases where the technological process imposes other solutions; k) the realization of the ventilation of the rule in natural system, and of the air conditioning installations, only in delimited premises and only for the equipment and technological lines whose operation imposes special conditions of temperature, humidity and pressure of air; l) the location of pipes, cables, ventilation ducts and parts of the technological installations so that it does not affect the resistance structure; m) realization of the security and hygiene conditions of the work provided in the norms B. Construction of dwellings + Article 21 Housing construction will be designed and carried out under conditions that will necessarily ensure: a) the classification in the provisions of the sketch and the details of systematization of the localities, with strict observance of the norms regarding density, height and distance regime between buildings and with the provision of direct links, both within the ensemble, and in the other areas; b) durability and resistance, as well as a high safety in operation, on the basis of calculations that take into account all requests, including seismic ones, in accordance with the provisions of the rules; c) the necessary level of comfort and use by judicious sizing of the rooms and the adoption of improved finishes, made by the use of effective materials; d) compliance with the specificity of local architecture and harmonious framing of the constructive ensemble in the natural environment; e) the adoption of architectural solutions leading to orderly and homogeneous resistance structures; f) increasing the degree of industrialization and mechanization of execution, as well as the application of new modern technologies of execution; g) access links between the basements of adjacent buildings; h) the location of the rule, of the thermal power plants outside the residential buildings in all cases, the thermal power plants will thus be designed and executed not to affect the structure of resistance of the buildings and to have direct access from the outside; i) the location of refrigeration facilities or other installations that produce vibrations so that, through simple and cheap protective systems, to avoid the transmission of vibrations that may affect the resistance or good functionality of the building. + Article 22 The design and execution of deposits of socialist organizations in residential buildings is prohibited. The location of fuel depots will only be possible outside buildings. + Article 23 The realization of rooms or parts of rooms taken out in the console, at the upper levels of the buildings, outside the alignment of the vertical resistance elements on the ground floor, will be possible only in areas with reduced seismicity, with the provision of some special measures to ensure the full stability of buildings. C. Constructions for cultural-educational activities + Article 24 Constructions for cultural-educational activities will be designed and executed so that they will necessarily ensure: a) constructive and architectural solutions that allow a good functionality, in relation to the destination of each building and the organic framing in the plan of systematization of the locality; b) the location of the most important objectives in such a way as to ensure the proper valorization of the entire architectural ensemble; c) sizing rooms with main and auxiliary functions in compliance with the norms specific to each category, avoiding spaces that do not have a utility role and reducing to the necessary damage to those affected to traffic; d) Fluent circulations with quick evacuation possibilities; e) harmoniously blending the principles of modern aesthetics with the elements of traditional Romanian architecture; f) adoption of architectural solutions that exclude heavy decorative elements, which lead to unnecessary loading of the construction. D. Construction for health protection + Article 25 Construction for health and rest will be carried out in compliance with the following mandatory conditions: a) ensuring the operating requirements, corresponding to the profile of the unit and specific operating rules; b) the correlation of architectural solutions with constructive ones, the dimensioning of volumes and surfaces in strict accordance with the capacity and destination of the units; c) establishing the capacity of the objectives in the health network in strict compliance with the structure and profile norms of the units and avoiding the realization of hospital complexes with very high capacities; d) ensuring rapid evacuation through simple and shorter circulation routes, provision of external accesses to the basement of buildings; e) full implementation and protection of natural balneary or climatic factors with therapeutic and prophylactic qualities, taking into account the requirements of population health protection and the provisions of systematization norms. E. Construction for trade + Article 26 Construction for trade will comply with the following mandatory conditions: a) the development of the commercial network corresponding to the requirements of the population, in compliance with the systematization plans and the organization norms established b) to ensure the functional requirements of an efficient commercial activity, according to the specific objective; c) compliance with hygienic-sanitary conditions for each category of goods subject to the activity of the unit; d) the correlation of architectural and constructive solutions, the realization of spaces intended for circulation in stores, without crosses and with possibilities for rapid evacuation; e) the limitation of storage facilities to the strict necessary and their location under the conditions provided by law; f) design of commercial premises arranged at the lower levels of residential buildings only in compliance with the constructive system adopted for these buildings; commercial premises for which functional requirements do not allow compliance with this conditions will be carried out in separate constructions, outside of residential buildings. F. Agrootechnical Constructions + Article 27 The agrootechnical constructions will have to ensure the best operating conditions corresponding to their destination, so that they allow to obtain maximum production and increased yields, in compliance with the agrootechnical norms. The following mandatory conditions will be observed when designing and executing agrootechnical constructions: a) the choice of sites to avoid the removal of land from the agricultural circuit and to capitalize on local conditions; b) the adoption of constructive solutions that allow the widespread use of local materials; c) dimensioning of installations to the strictly necessary technological specificity; d) the dimensioning of the constructions so that the resistance, stability and durability corresponding to their destination are ensured; e) the choice of constructive and functional solutions in accordance with veterinary prescriptions; f) preventing and combating environmental pollution. Silos and sheds intended for the conditioning and storage of cereals, seeds and other products will be designed and made so that they ensure full protection of products stored from atmospheric agents, according to prescriptions and specific rules. G. Hydrotechnical constructions + Article 28 Hydrotechnical constructions and water management works will have to ensure a complex use, for energy purposes, of water supply, navigation, irrigation, leisure, fish exploitation and others, depending on natural conditions, including the works to combat soil erosion and to strengthen the slopes. + Article 29 The following mandatory conditions will be observed in the design and execution of hydrotechnical constructions: a) the adoption of solutions and measures that ensure the avoidance of any damage to dams as a result of water action, seismic or other requests, as well as avoiding the collection of reservoirs; b) the provision of the equipment for tracking their behavior in time and signaling the occurrence of phenomena that may influence the operational safety; c) ensuring the durability, stability and safety in operation, the tightness and the mechanical resistance, the resistance to the action of atmospheric factors, erosion and corrosion, the efforts specific to the massive constructions and the action chemical and biological agents that may occur during the service life; d) adoption of efficient constructive solutions, with low metal and cement consumption and a wide use of local materials and anrocaments; e) the organic framing of works within the natural framework, depending on its geological, hydrological and morphological characteristics. + Article 30 Construction for irrigation and dissecting will be designed and carried out according to the requirements of agricultural exploitation and the natural conditions specific to each perimeter, in conditions of quality to ensure mandatory: a) full recovery and increased efficiency of all the land in the perimeters that are set up by continuously increasing their production capacity and preventing soil degradation phenomena; b) ensuring optimal conditions of humidity throughout the growing season; c) dimensioning of adduction and evacuation works from irrigation systems, with the adoption of solutions that fully use the possibilities of gravity distribution of water and to minimize electricity consumption and losses of water; d) the location of the channels, as a rule on the rectilinear trails, and their execution mainly in the excavation, with the limitation of the ramble to the strictly necessary e) the provision of metal substitutes for water management and distribution equipment; f) the removal of excess water at the surface of the land and the control of the moisture regime, in order to avoid the removal of land from agricultural production by saraturation or inmarshes g) the location of the desecation-evacuation networks on the lowest rates of the land, through the use of natural depressions and the avoidance of excavations in unstable lands. + Article 31 Construction to combat soil erosion will ensure the protection and preservation of the land fund in areas with rugged relief and will be carried out with quality parameters to ensure mandatory: a) reducing the losses of fertile soil from the slopes within the normal limits, in relation to the local natural conditions; b) the agricultural or forestry value of non-productive land within the perimeter that is set up and land affected by slides; c) fixing and strengthening of the erosion formations and the reduction of the transport of solid material; d) adoption of constructive solutions for the consolidation of banks and other works, with the use of local materials. H. Construction for transport + Article 32 Railway and road construction will be designed and executed in quality conditions that will necessarily ensure: a) the adoption of constructive solutions for earthworks, works of art and superstructure corresponding to traffic loads and which, through resistance and stability, create conditions for the full safety of traffic; b) the realization of properly compacted and protected earthworks, which are not affected by the action of the waters; c) provision for railway works of signalling installations, centralization, block of line and telecommunications in strict accordance with the operating needs and conditions of complete safety of traffic; d) adoption, for the infrastructure of roads, of solutions to ensure a good behavior in time of the road side of the road; e) the adoption of optimal routes, which require a low volume of earthworks and ensure a minimum occupancy of agricultural land; f) the adoption of effective constructive solutions for the road surface, so that they allow the safe movement of vehicles, with the prescribed speeds and tonnages; g) the provision of constructive solutions that allow the full safety of bridges, tunnels, viaducts, as well as the widespread use of local materials for their execution. I. Technical and edilitary constructions + Article 33 The technical-publishing constructions, encompassing utilities and communications networks and related buildings, which serve the industrial objectives, housing complexes, social-cultural objectives and other city buildings, will also be designed. It shall so require that it shall ensure that: a) good functionality and complete safety in operation; b) the choice of optimal routes, with the efficient use of the characteristics of the land and avoiding the crossing of important water courses and communication paths; c) the use of solutions that save metal, ensure minimum operating costs and an execution with a high degree of industrialization. + Chapter 3 Obligations and liabilities in the quality assurance of construction + Section I Obligations and liability of ministries, other central and local bodies + Article 34 Ministries and other central and local investment holders are obliged to take technical-organizational measures for the smooth conduct of the production process and respond to the quality of construction-assembly works executed to subordinate units, for which purpose they are obliged: a) ensure the inclusion in the order note of all the data necessary for the development of effective constructive solutions; b) to verify and accept only design documentation with solutions that ensure the quality of construction and to ask the designer to modify the project when he finds that its provisions lead to inadequate quality; c) take measures to ensure the material and technical conditions established by law, in order for the works to be carried out properly; d) to supervise the correct implementation of the works and the observance of the execution projects and to take measures to eliminate the deficiencies found; e) to control how the beneficiary units meet their obligations regarding the quality assurance of construction and the preparation of the technical book of construction; f) to guide and verify the activity of the reception commissions in order to ensure a high exigency at the reception of the works; to control the realization of the tasks established by the reception committee; g) to control how the beneficiary units ensure the exploitation of the constructions and to take measures to comply with the provisions of the project and the norms for their maintenance and repair. + Article 35 Ministries subordinated to construction-assembly units shall be obliged to: a) take measures for the proper organization and conduct of construction works on all sites of subordinate units; b) to ensure the specialization of construction units, their corresponding endowment, the introduction of scientific research results, new methods and constructive techniques and the generalization of advanced experience; c) organize the quality control of the construction works and verify the activity of the quality technical control compartments in the construction-assembly units; d) to analyze annually the qualitative level of the construction works, executed by the subordinate units, and to take measures for the continuous lifting of the construction quality; e) take measures to prepare and refine the construction staff; f) to follow the execution by the builder of the tasks established by the reception committees and the higher control bodies. + Section II Obligations and liabilities of investment beneficiary units + Article 36 The investment beneficiary units are responsible for the establishment of the technical and functional requirements of the constructions, their execution in execution and the exploitation of the works in strict accordance with the execution documentation, in which the purpose is obliged: a) provide in the order note for the preparation of the project constructive solutions that ensure the rigorous compliance with the quality norms and that allow the reduction of the built volumes and surfaces, the reduction of the duration of the works and the high degree of industrialization in execution; b) verify the design documentation and accept them only if they correspond entirely to the quality conditions; c) to ensure the necessary material and technical conditions for carrying out work without interruptions likely to prejudice the quality; d) to supervise the correct implementation of the works on phases, in accordance with the execution projects, and to signal to the designer the deviations found; e) to ensure the reception on phases of the works and to record in the minutes, together with the executor, the quality of the foundations works, the resistance structure, as well as any works that become hidden; f) to carry out the measures established by the reception committee and to pursue the performance of the tasks provided by it for the designer and builder; g) to exploit the constructions in accordance with the provisions of the project, the specifications and the maintenance and repair rules; not to make any changes without the approvals provided for in this law. + Article 37 The investment beneficiary units are obliged to enroll in the technical book of the construction data on: a) the author of the project, the builder, the specialists who during the execution attested its quality and the composition of the reception committee; b) the degree of seismicity taken into account when designing and executing the construction; c) the main data and documents on the way and conditions in which its construction and reception was carried out; d) the results of laboratory tests and quality samples carried out during the execution of the works; e) the basic prescriptions to be observed during the operation of the construction, as well as the elements necessary to follow its behavior over time. The technical book of the construction necessarily includes the execution project. If they were carried out, with the approvals provided by law, repairs, changes, destination changes or extensions of the construction, the technical book of the construction will also include the special projects on the basis of which these works were executed. + Article 38 The beneficiary units have no right to bring any changes to the constructions. Exceptionally, and in duly justified cases, only those changes that do not affect the strength and stability of the constructions can be brought. Such changes will be executed only on the basis of a specially developed project, endorsed by the unit that designed the resistance structures and only with the agreement of the state Inspection bodies in construction. If the documentation of execution of the resistance structure is missing, the draft amendment will be possible only on the basis of expertise, with the agreement of the State General Inspectorate for Investment-Construction. + Section III Obligations and liabilities of design units + Article 39 The design units bear the full responsibility for ensuring through the project of resistance, sustainability, safety in operation, good behavior over time, as well as the other qualitative attributes specific to each construction, depending on its destination and the conditions laid down for its realization and exploitation, for which purpose they shall be obliged: a) to ensure the reflection in projects of indicators in the order note, of the opinions and agreements of the component bodies, of technical and technical-economic parameters; b) take the necessary measures for the solutions adopted in the projects to satisfy the quality conditions with the use of efficient materials, appropriate to the character of the construction, with execution technologies with a high degree of industrialization and mechanization; c) to promote the widespread use of modern methods of calculation in design, as well as of the type projects, to be systematically perfected; d) to experiment on the models, whenever appropriate, the technical solutions in the project, in order to verify and improve them; e) take measures to capitalize on the results of scientific research and the generalization of advanced technical solutions, initiating new research in fields of perspective; f) to ensure the demanding verification of all the elaborated projects, the correctness and accuracy of the calculations in the plans and in the written parts of the projects, taking measures to restore the qualitative ones; g) to supervise and follow the construction of constructions in order to comply with the provisions of the projects on the construction site; h) establish, together with the beneficiary, the construction objects whose qualitative behavior must be followed in time and develop the tracking program; i) to ensure the fulfilment, according to the law, of the obligations of the designer in connection with the reception of investment objectives; j) adopt, through special annual programmes, measures to improve the quality of design solutions; k) to draw up, whenever necessary, specifications on the execution of works, as well as prescriptions for maintenance or exploitation of the construction; l) to create the conditions for informing and keeping up to date the designers with the latest and most effective technical solutions, from the country and abroad. + Article 40 The conductions of the design units are responsible for ensuring the quality of the constructive and functional solutions provided for in the project, the introduction of technical progress and the new technologies, for which purpose a) to ensure that the elaboration of each project is entrusted to the designers who have knowledge and experience corresponding to the specificity and degree of complexity of the problems that are required to be solved through that project; b) organize and ensure the unitary technical guidance of the design on the entire unit and the generalization of the most efficient methods and solutions; c) to organize the verification of the projects, by the technical-economic councils, on the quality and economic efficiency of the solutions, before the handover of the projects d) prohibit the adoption of constructive solutions that lead to the removal of walls in the console, compared to the plan of the resistance structure; e) organize control on construction sites and ensure the participation of designers in the reception of objects and investment objectives; f) to organize the pursuit in operation of the projected objectives, in order to continuously improve the solutions; g) organize and ensure the technical and specialized documentation and information of the designers and other specialized personnel in the unit by equipping the respective units with technical prescriptions, machinery and materials catalogues, magazines and specialty books. + Article 41 The project leader responds together with the other designers to ensure the quality of the project, the solutions adopted, and has the following main obligations: a) coordinate the design of the entire objective and the component objects, so that a unit assembly is realized, with high functionality, full safety in operation and maximum efficiency; b) to guide the activity of the designers along the way and to liaise with the designers of different specialties participating in the elaboration of the project; c) to frame the project in the technical-economic indicators of the order note; to comply with the legal agreements and opinions; d) ensure collaboration with the builder to establish the variants and constructive solutions to be adopted in the project; e) to ensure the verification of the project solutions and to participate directly in its implementation; f) establish, together with the manufacturer and the beneficiary, the quality control programme on the site and ensure its execution; g) to participate in the reception of the works for which he served as head of project. + Article 42 The designers are directly responsible for the quality of the solutions developed and have the following obligations: a) comply with the provisions of standards, specifications and other technical prescriptions; b) to correctly size the constructions and the related installations so that their good behavior is ensured throughout the normal exploitation period; c) to introduce in projects solutions that ensure full compliance with the qualitative parameters regarding the strength, durability, functionality of the construction, as well as the other qualitative requirements specific to the objective they design; d) to participate directly, on the construction site, in the execution of the project he elaborated and to control the quality of the execution, according to the program established with the beneficiary and the builder + Section IV Obligations and liabilities of technical and economic councils + Article 43 The technical-economic councils operate as advisory bodies in ministries, in the other central and local bodies, in the design units and in the beneficiary plants and enterprises. They are responsible for the verification of the technical-economic documentation underlying the construction. + Article 44 The technical-economic councils in the ministries and the other central and local bodies, as well as the beneficiary plants and enterprises, have the obligation to verify whether in the order notes and execution projects, developed by the design, ensure: a) compliance with technical prescriptions in the field of construction and framing in sketches and systematization details; b) the adoption of constructive conceptions and correct calculation assumptions, corresponding to the requirements of resistance, stability and good functionality of the construction; c) taking into account in the project seismic requests, according to the zoning established by law, as well as the requests due to the natural conditions in which the construction is to be carried out and to exploit; d) the provision of judicious solutions of the general plan for minimizing the built areas and the realization of technological flows that meet the efficiency requirements in the operation of the objectives; e) the adoption of technical solutions that lead to reduced consumption of cement and steel in the design of constructions, in compliance with the parameters provided in the plan. + Article 45 The technical-economic councils of the design institutes are obliged to analyze the technical-economic documentation elaborated by the designers, in which the purpose must be: a) to verify the constructive solutions and the overall design of the project; b) analyze the dimensioning of constructive elements in order to ensure resistance, stability, anti-seismic protection, according to the zoning established by law, and their protection against fires; c) aim to increase the industrialization of works by using type and reusable projects, as well as technologies to lead to the mechanization of construction execution operations; d) aim to improve the quality and economic efficiency of the projected works; e) to endorse only those order notes, execution projects and specifications that fall within the provisions of the technical standards, norms and norms. + Article 46 The technical-economic councils have the obligation to control the rigorous compliance with the projects of the legal norms on the quality of construction, to propose improvements to the solutions in the documentation and answer for the proposals they make. + Article 47 The collective management bodies in units debate and approve the order notes and execution projects only after being endorsed by the technical-economic council in the unit. + Section V Obligations and liabilities of construction-assembly units + Article 48 The construction-assembly units are responsible for the execution of the works in compliance with the quality technical prescriptions, in which they have the following main obligations: a) take the necessary measures to carry out the construction works on the parameters provided for in the projects and in the technical prescriptions; b) to examine execution projects in order to develop proposals to improve constructive solutions; to ask the designer to modify those provisions in projects that would lead to the violation of technical norms of quality; c) organize the self-control of the quality of works in all phases of execution; d) to ensure the supply of good quality materials, as well as the proper handling and storage of materials, so that their deterioration is avoided; e) adopt the necessary measures for the manufacture on construction sites and in the own workshops of good quality prefabricated and semi-finished products; f) to organize the activity on construction sites, on complex teams, with the use, to stimulate the quality of the works, of the appropriate forms of retribution of work in global agreement; g) to organize the quality technical control compartment, ensuring its framing with well-trained personnel and equipping with good quality equipment; h) to adopt measures to remedy the failures of the construction that have been reported to him and to prevent the repetition of these failures; i) to submit only good quality construction objects to the reception; j) to take measures to raise the professional qualification of workers and to improve the professional level of foremen, technicians and engineers; k) to hand over to the beneficiary the necessary documents for the preparation of the + Article 49 The construction-assembly units shall be prohibited: a) to modify, without the prior consent of the designer, the technical solutions from the execution projects that may affect the resistance, stability, functionality, architecture or safety in operation; b) to hide defects of execution or to remedy them under conditions other than those provided by law; c) to make cuts and perforations in embankments or other defense works against floods. + Article 50 The remediation of the execution defects is based on the solutions developed by the design or construction-assembly units. The fault remediation solutions, developed by the construction-assembly units, must be appropriated in advance by the design units and the beneficiary. + Article 51 The directors and other leaders of the construction-assembly units shall be responsible for carrying out all the tasks assigned to the quality unit and shall have the following obligations: a) to take measures for rigorous compliance with projects, rules and technical prescriptions for constructions carried out by subordinate units; b) to ensure the material, technical and organizational conditions necessary for the execution of the works in strict accordance with the technical documentation; c) to organize the cooperation with the design units to establish the constructive solutions and the elaboration of the organizational projects and the technological records; d) to exercise a permanent and demanding control over the quality and to take measures to eliminate the operative deficiencies and to establish the responsibility of the guilty persons; e) ensure collaboration with the designer in order to establish jointly, during the design, solutions and details that allow the application of the most efficient execution technologies; f) to entrust the execution of works to technical staff with the qualification and professional experience corresponding to the complexity of constructions and works + Article 52 The head of the site responds to the quality of the executed works and has the following a) ensure the proper organization of the production process, the conditions necessary for the execution of the works entrusted in accordance with the provisions of the projects, of the technical prescriptions, as well as the correct application of the technological b) to organize the judicious management and saving of the materials necessary to carry out the works entrusted to him; c) stop the execution of improper works and take measures to remedy and hold accountable those guilty; d) to comply with the indications given by the bodies of the State Inspection in constructions, the indications of the control bodies of the beneficiary and the designer, to execute within the deadlines established the remedial works. + Article 53 The batch leader is responsible for the execution of the works entrusted to him, in strict compliance with the execution projects, specifications and technical prescriptions, and has the following main obligations; a) ensure the correct execution of the tracing operations and follow throughout the execution the rigorous observance of the geometric characteristics of the constructions, according to the provisions of the projects; b) to control, in all stages of execution, the way in which the maistrii ensure rigorous compliance with the provisions on the quality of the works included in the projects and in the technical prescriptions; c) ensure the verification of the quality of the materials and building elements and installations that it introduces in the work; d) to draw up and keep up-to-date the documents required by the technical prescriptions regarding the quality and execution of the works; e) to ensure the verification of the quality of the works that become hidden and to prepare, together with the beneficiary, the documents provided by the regulations in force for these works. + Article 54 The foreman and the head of the working point shall respond together with the team leaders and the workers of the quality of the operations carried out and have the following a) organize the production sites and production processes and create the necessary conditions for the execution of the works; b) to control the quality of works carried out by the teams whose activity coordinates it; c) to guide and control the activity of team heads and workers for rigorous compliance with projects, specifications, technical prescriptions and technological sheets specific to each work; d) carry out the tracing and levelling operations entrusted; e) to check the quality of materials, building elements and installations and to introduce into the work only materials or building elements and installations that qualitatively correspond to the provisions of the projects, technical prescriptions and notebooks tasks; f) to control the quality of the works in all stages of execution, including the teaching and reception of works between the teams g) to carry out the reception on phases of the works carried out by the subordinate working bands. + Article 55 The team leader or brigade is responsible for compliance, in the execution of works, of the provisions of the project, technical prescriptions, technological sheets, rules specific to the respective trades and technical indications given by the foreman or the head of the point work, as well as the quality control of the work performed by the workers in his team or brigade. + Article 56 The workers respond to the quality of the works carried out and have the obligation to observe exactly the specific technology of execution of each operation, to use only qualitative appropriate materials, to verify by self-control the quality of the works either exacting to any deviation produced and to remedy the operative defects of quality found. It must also help to raise the qualitative level of construction, saving and judicious management of materials. + Section VI Construction reception + Article 57 The reception of the construction is the attestation by the reception committee of the fulfilment of the quality conditions provided in the technical prescriptions, in the execution projects, in the specifications and in the construction site provisions construction execution. + Article 58 The construction reception commissions, constitute according to the law, respond to the admission to the reception only of the works that correspond exactly to the quality prescriptions specific to each kind of works and have the following main obligations: a) to verify with exigency the quality of objects and works subject to reception, based on direct findings and analysis of legal documents certifying the quality of works on execution phases, including works that become hidden; b) refuse to receive objects that have not been completely finished or that do not meet the legal quality conditions; c) to certify the quality of the received constructions, confirming the fulfilment of the legal quality conditions at the date of acceptance of the reception. + Article 59 The reception of each construction object is carried out in two stages: a) preliminary reception; b) final reception. The preliminary reception is made only after the complete completion of the construction works. From the date of the preliminary reception flows the warranty term, which is 3 years for construction in the mining, hydropower and dams sector, 2 years for thermoenergetic constructions, lines and electric stations, 1 year and 6 months for construction of housing and of one year for industrial construction and all other categories of construction. The final reception shall be made upon expiry of the warranty period The construction-assembly unit is obliged to remedy all quality defects arising during the warranty period, which are not due to the fault of the beneficiary. + Article 60 The final reception shall be verified and attested to: a) normal behavior in operation, during the warranty period, of the received object, including related works; b) perform the remediation of defects found at the preliminary reception or arising during the warranty period, as well as their quality. + Article 61 The remediation of quality defects arising during the warranty period is carried out by the construction-assembly organization that executed the received object. + Article 62 The minutes of reception concluded by the reception committee are the document of attestation of the quality of the construction. + Section VI: Obligations and liabilities of the State General Inspectorate for Investment-Construction and other bodies + Article 63 The General State Inspectorate for Investment-Construction exercises the state inspection on the quality of construction and has the following obligations and responsibilities: a) to exercise state control of the quality of construction at all stages: in design, during execution and in the period of exploitation; b) identify the negative phenomena in the design, execution, reception or exploitation of constructions and take measures to eliminate them; c) order to stop the execution of the faulty works carried out, as well as to restore them to the guilty persons; d) give provisions to the controlled units in connection with the remediation of the deficiencies e) to order the repetition or completion of the reception when it finds that the decisions adopted by the reception committee do not comply with the quality norms or when the behavior of the construction is endangered; f) to propose or issue methodological norms regarding the attributions, personnel framing and equipping with the equipment for checking the quality of constructions, the quality technical control compartments in the construction-assembly organizations and to check the activity of these compartments g) to initiate or organize, in collaboration with the ministries and other interested bodies, actions to qualify and raise the professional qualification of quality technical controllers; to take measures to carry out the program of professional improvement for the knowledge, generalization and application of methods and techniques of building quality control; h) ensure specific technical documentation. + Article 64 The central research, design and directivation institute in construction has the following main obligations regarding the quality of construction: a) to ensure the introduction of technical progress in construction by organizing the research, design and directivation activity in constructions; b) to develop technical prescriptions of a mandatory nature in construction and to take measures for their permanent improvement; c) to take measures for the attestation of new materials and building elements and to approve the approval of new technologies, machinery and machinery necessary for the construction activity; d) to carry out the expertise of technical solutions, projects and constructions, according to the law; e) to ensure the publication of all technical norms, regulations and prescriptions relating to the design and execution of constructions. + Article 65 The financing banks are obliged to refuse the settlement or to withdraw from the account of the design, execution and beneficiary organizations the value of improper qualitative works, based on the control documents prepared by the control bodies provided by law. + Chapter 4 Quality control of construction-assembly works + Article 66 The quality control of the execution of the construction-assembly works shall be exercised on each stage and aims to prevent or eliminate any defects occurred during the execution of the works. In case of failures, the control bodies are obliged to take measures to stop, restore or remedy the works and hold the guilty persons accountable. + Article 67 The quality control of the execution of construction-assembly works is carried out by the design, execution units, beneficiaries, the higher hierarchical bodies and the financing banks, as well as by the state inspection bodies in construction. + Article 68 In the construction-assembly units the quality technical control is organized as an integral part of the production activity, in specialized compartments, subordinated directly to the head of the unit and the specialized inspections in construction within the county councils of labor control of economic and social activity. + Article 69 The quality technical control compartment shall have the following main obligations: a) to systematically control, on all objects, the main stages of execution which by their nature are determined for the quality of the work; b) to control exigently the way in which the qualitative reception of materials and building elements is carried out; c) to guide and control the activity of the own quality control laboratories. + Article 70 The quality technical control compartment also controls the quality of the building and installation elements that are carried out on the construction sites of the construction-assembly organizations or their own workshops. + Article 71 The head of the technical quality control department shall have the following main obligations: a) organize, guide and verify the activity of quality technical controllers and laboratories; b) to stop the continuation of the execution of works on which quality defects or deviations from the provisions of the execution project have occurred; c) to ask the management of the construction-assembly organization to remedy the deficiencies found and to take measures to avoid their repetition; d) to notify the bodies of the General State Inspectorate for Investment-Construction in case of technical accidents or the rejection of the construction due to quality defects. + Article 72 The staff in the technical quality control activity must be authorized by the bodies of the State General Inspectorate for Investment-Construction. The appointment, the change in office, the disciplinary sanction or the dissolution of the employment contract of the personnel from the technical quality control activity shall be made by the head of the unit, with the consent of the State General Inspectorate Investment-Construction. The agreement of the superior hierarchical organ is also required for the compartment leader. + Article 73 The technical controllers of the technical quality control department shall have the following main obligations: a) to verify, according to the control plan, the quality of the works carried out, as well as to ensure the conditions for the realization of the quality requirements in the following b) to request immediate remediation of the defects found and to follow their way of realization; c) verify the correctness of the reception of the elements of the resistance structure as well as the works that become hidden d) to verify the quality of the construction elements made within the yard, as well as the way in which the qualitative reception of the materials and building elements delivered by the industry is carried out on the site; e) ask the head of the site to stop the execution of improper works. + Article 74 The heads of the laboratories and their staff have the obligation to carry out analyses, tests and establish the networks with rigorous compliance with the technical prescriptions, responding to the accuracy of the results and their timely transmission. + Article 75 The control of the beneficiary shall be exercised by technical staff, which shall have the following main obligations a) correctly hand over the levels of the level and the coordinates related to the constructions; b) to verify the quality of the executed works, as well as the materials and building elements and installations introduced in the work; to ask for the stop, restoration or remediation of the works improperly executed by the unit constructii-montage; c) to notify the designer of the deviations from the project during the execution; d) to participate together with the executor in checking the quality of the works that become hidden and to record in the minutes the findings made; e) participate in the control carried out by the designer on the construction quality; f) accept to pay only the corresponding qualitative works. + Chapter 5 Liabilities and penalties + Article 76 The material damage due to the destruction or degradation of constructions or to the construction parts produced by the fault of the designer, the builder or other persons participating in the construction, control or operation shall be borne by to them, according to the duties and degree of culpability of each. + Article 77 Confirmation of the quality of construction by the technical quality control bodies, by the investment beneficiary organizations or by the reception committees does not remove direct liability for the quality of those who organized and led the design and execution process, nor of those who have directly designed or executed constructions to which defects are subsequently found. The persons responsible for carrying out the control are responsible for the quality of the construction together with the designer, builder and beneficiary, each according to his duties and degree of guilt. + Article 78 It constitutes crimes and is punishable by imprisonment from 5 to 15 years and the prohibition of some rights the design and realization of a construction or the execution of any modification thereof without complying with the legal technical prescriptions regarding stability and resilience, if this could result in loss of life, destruction or degradation of important installations or machinery or other serious consequences. The facts provided for in the preceding paragraph shall be punishable by imprisonment from 10 to 20 years, prohibition of some rights and partial confiscation of wealth if they had as a result the total or partial destruction of the construction, death or serious injury of the bodily integrity or health of one or more persons, the destruction or degradation of important installations or machinery or other serious consequences. + Article 79 It constitutes crimes and is punishable by imprisonment from 6 months to 2 years the execution of any modification to the construction in violation of the provisions regarding the approval and execution of these changes. + Article 80 It constitutes contraventions to the provisions of this law the following facts, if they were not enjoyed under such conditions that, according to the criminal law, be considered crimes, and are sanctioned with a fine: I. From 3,000 lei to 10,000 lei: a) issuance of the order note for the preparation of the project of construction works with wrong data; b) non-compliance with technical prescriptions in design and execution; c) non-performance of obligations regarding the maintenance and operation of constructions; d) failure to emulate defects in works that during execution become hidden; e) failure to notify the General State Inspectorate for Investment-Construction, within 12 hours, about the production of technical accidents; f) failure to comply, within the deadline set by the minutes of finding, of the indications given by the bodies of the State Inspection in constructions; g) non-insurance by the heads of the design and execution units of the organizational conditions necessary for the realization of constructions at a corresponding qualitative level. II. From 1,000 lei to 3,000 lei: a) the omission to enroll in the technical book of the construction the elements necessary to follow its behavior in time; b) non-performance of obligations regarding the verification of the execution of execution projects in the provisions of the approved order notes or non-issuance of defects from projects found directly or that were brought to the attention of the constructii-montage; c) non-supervision of the execution, non-execution of the control of works, as well as the failure to fulfill the legal obligations to request the shutdown, restoration or remediation of improper works or to refuse their payment; d) non-compliance with obligations regarding reception III. From 500 lei to 1,000 lei: a) failure to notify the designer in time about the deviations from the project during the execution of the works; b) failure to ensure the conditions of handling and storage of materials that lead to their degradation; c) failure to notify the bodies of the General State Inspectorate for Investment-Construction about receptions rejected as a result of inadequate quality of works; d) non-performance of obligations regarding the pursuit of behavior in time of construction and obligations regarding maintenance and repairs; e) non-performance of obligations on systematic control of the quality of construction and works. + Article 81 Finding the contraventions provided in art. 80 and the application of sanctions shall be made by persons with control powers of the State Inspection in construction and its territorial bodies. + Article 82 Against the minutes of finding the contravention and applying the sanction, the offender can make the complaint within 15 days of communication. The complaint shall be lodged with the body to which the finding body belongs. + Article 83 Application of sanctions for contraventions provided in art. 80 of this law is prescribed within two years from the date of the act. + Article 84 In so far as this law does not have otherwise, the contraventions provided in art. 80 the provisions of Law no. 32/1968 on establishing and sanctioning contraventions. + Chapter 6 Final provisions + Article 85 For the materials and building elements and installations produced in the industry, the provisions of the Products and Services Quality Law apply. + Article 86 For the genistic works of the Ministry of National Defence and the Ministry of Interior the quality control of the design and execution shall be exercised by the specialized bodies of these ministries. + Article 87 Research institutes, design, construction-assembly enterprises and investment beneficiary units must design and provide for the embedding in dams and other constructions of particular importance of the control equipment and landmarks. necessary to follow the behavior of construction or certain elements of the resistance structure in time, including seismic action on the respective constructions. The investment beneficiary has the obligation to maintain in good conditions the equipment and the landmarks, to follow and verify the behavior in time of the constructions based on the technical norms developed for this purpose. + Article 88 In the design or antinning contracts will be provided, whenever appropriate, the specific quality conditions and requirements not included in the technical prescriptions, the obligation to comply with them, as well as the responsibilities of the contracting parties. + Article 89 The economic contracts concluded by construction-assembly organizations with suppliers of materials or building elements and installations will provide for their compliance with the quality and warranty conditions for the products delivered and strict consistency between the characteristics of the furnace and the accompanying quality certificate. The suppliers shall be obliged, within 15 days from the receipt of the communication of the construction-assembly unit, to remedy or replace the materials or elements of construction and improperly inadequate installation. are liable for damages caused by non-performance or late execution of this obligation. + Article 90 The builder and the designer answer for the hidden vices of the construction, ivite within 10 years of teaching, as well as after the fulfillment of this term, throughout the normal service life, for the vices resulting from the non-compliance construction in the degree of seismicity approved. + Article 91 The ministries, the other central bodies and the executive committees of the county folk councils and the city of Bucharest, which have in subordination design units and construction-assembly units, will elaborate, within 6 months from the date the publication of the present law, collections with extracts from the technical prescriptions regarding the quality of construction, on specific works, necessary for the designers and site personnel. Ministries, other central bodies and executive committees of the county folk councils and the city of Bucharest will adopt, within 6 months from the date of publication of this law, based on the methodological norms established by the Institute central research, design and directivation in construction, in collaboration with the Ministry of Industrial Construction, the Ministry of Electricity and the Committee for the Problems of the People's Councils maintenance and repair rules for construction, as well as rules for tracking their behavior over time. + Article 92 Each construction will bear a plaque with the authors ' names. For highlighting the constructions made at a special qualitative level, both in terms of project design, as well as the execution of works, ministries and other central and local bodies, investment holders, with consultation design and construction-assembly organizations, will annually make proposals to the Council of Ministers, with the opinion of the State General Inspectorate for Investment-Construction, on the granting of the distinctive title of "Best Construction of the Year". This title will be awarded on construction holders, by county and by category of construction. Designers and builders will receive diplomas, and construction will be marked with a plaque on which the distinctive title obtained and the names of the authors will be entered. + Article 93 The provisions of this law relating to the obligations and responsibilities of the construction-assembly units and their personnel shall also apply accordingly to the units carrying out construction-assembly works in directing, those who provide services in construction to the population, as well as cooperative and public units that carry out construction works. + Article 94 The provisions of this law relating to the control of the execution of construction-assembly works and to the maintenance of their quality during the operation shall be applied accordingly and to constructions whose execution is carried out in the direction of natural persons or legal persons, other than socialist organizations, or who are owned by them. + Article 95 The provisions contrary to this law are repealed. -----------------