Law No. 10 of 18 January 1995 (republished * *) (* updated *) concerning construction quality *) (updated October 28, 2015 *) ISSUER-PARLIAMENT-------─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) the Republished pursuant to art. V of law No. 177/2015 for the modification and completion of the law #. 10/1995 concerning construction quality, as published in the Official Gazette of Romania, part I, no. 484 of 2 July 2015, posing a new texts.
Law No. 10/1995 concerning construction quality was published in the Official Gazette of Romania, part I, no. 12 of 24 January 1995 and amended by:-Government decision nr. 498/2001 for updating administrative fines, limits under article 4. 33 of law No. 10/1995 concerning construction quality, as published in the Official Gazette of Romania, part I, no. 295 of 5 June 2001;
-Law No. 587/2002 modification of article. 40 of law No. 10/1995 concerning construction quality, as published in the Official Gazette of Romania, part I, no. 817 of 12 November 2002;
-Law No. 123/2007 on the amendment of law No. 10/1995 concerning construction quality, as published in the Official Gazette of Romania, part I, no. 307 of 9 May 2007;
-Law No. 187/2012 for implementing Law No. 286/2009 relating to the penal code, published in the Official Gazette of Romania, part I, no. 757 from November 12, 2012, with subsequent amendments.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Chapter I General provisions Article 1 (1) the quality of the resultant construction is all reaction performance of their operation, in order to meet, for the entire duration of its existence, the requirements of users and communities.
(2) the requirements concerning the quality of the facilities and technological equipment of production shall be established and shall be carried out on the basis of rules specific to each field of activity.
Article 2 (1) the provisions of this law shall apply to construction and related facilities, hereinafter referred to as the building industry, in the design, construction and building, as well as in the stages of exploitation and interventions to existing buildings and postutilizare them, regardless of their form of ownership, destination, category and class or source of funding, in order to protect people's lives their goods, society and the environment.
(2) Facilities specified in paragraph 1. (1) include the electrical installations, plumbing, heating, gas, ventilation, air conditioning/air conditioning, water supply and sewerage systems, equipment and installations, exclusive equipment technology inside or outside the building.
Article 3 of this law shall establish the system of quality in construction, leading to the establishment and operation of construction quality, in order to protect human life, property, society and the environment.
Article 4 (1) quality System in construction shall be differentiated according to the categories of importance of building regulations and procedures for the implementation of each component of the system.
(2) the classification in categories of importance of structures is done depending on the complexity, destination, mode of use, degree of risk in terms of safety, as well as economic considerations.
Article 5 (1) to obtain quality construction are required building up and maintaining, for the entire duration of its existence, the following fundamental requirements: the mechanical resistance and stability);
b) fire safety;
(c) health and hygiene) environment;
d) safety and accessibility in service;
e) protection against noise;
f) energy saving and thermal insulation;
g) sustainable use of natural resources *).
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *). g) shall enter into force 12 months after the date of entry into force of law No. 177/2015.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) application of fundamental requirements is determined on the domains/subdomains and categories of constructions and installations related specialties construction, through regulations and technical regulations in the construction industry.
Article 6 (1) the obligations concerning the fundamental requirements under article 4. 5, at all stages. 2 the factors involved, according to each person's responsibilities set out under the law.
(2) for the purposes of this law, referred to in paragraph 1, factors involved. (1) are: investors, owners, administrators, users, contractors, researchers, planners, environmental verifiers certified projects, technical experts, certified energy Auditors for buildings certified, sworn officers with execution techniques, diriginţii dock, manufacturers/producers of products for construction, their authorized representatives, importers, distributors of products for construction, assessment and verification of constancy of performance of construction products, the European technical assessment bodies in construction elaboratoare bodies of technical approval in construction, analysis, and testing laboratories in construction.
Article 7 (1) in a contract ending times, as appropriate, provisions or what the authorizations issued, as referred to in the preceding article shall be required to include clauses relating to the quality of construction, the appropriate requirements, and guarantees and other relevant materials, leading to the implementation of such clauses.
(2) the contracts cannot score levels and requirements concerning quality, inferior to the regulations in force with regard to the requirements laid down in article 21. 5. Chapter II construction quality System article 8 construction quality System means the combination of organizational structures, responsibilities, regulations, procedures and tools that contribute to the achievement of construction quality at all stages of design, production, operation and postutilizare.
Article 9 construction quality System consists of: a) in construction activity;
b) certification performance and conformity of construction products;
c) technical approval in construction;
d verification and technical expertise) of projects;
e check the quality of works performed), technical expertise and execution of construction works, as well as energy audit of buildings;
f) quality management in construction;
g) accreditation and/or approval of laboratories for analyses and tests in construction;
h) metrological activity in construction;
I construction) front desk;
j) survey of operating and intervention to existent buildings and construction, postutilizarea;
k) State control of quality in construction;
l) certifying the technical and professional specialists and construction activity.
Article 10 (1) of statutory construction Activity includes the development of technical regulations in the field, as well as specific activities, regulatory activity correlative, as well as research, testing, documentation, studies, audits, data banks, prototyping.
(2) technical regulations include provisions concerning the design and execution of construction, energy efficiency in buildings, technical inspection of machinery and technological equipment as well as building installations, requirements and levels of performance for construction products, operation and service interventions in the existing building, and postutilizarea constructions, whose implementation is mandatory in order to ensure the fundamental requirements applicable to construction. These regulations are approved by order of the Minister of regional development and public administration and shall be published in the Official Gazette of Romania, part I.
Article 11 (1) Certifying the performance of construction products with technical specifications, i.e. harmonised reference certifying them with non-harmonized technical specifications reference shall be made by the producer/manufacturer of the notified bodies/accredited/designated/notified in accordance with the applicable regulations and procedures.
(2) Building Products must ensure that the appropriate level of quality requirements applicable fundamental constructions depending on the intended use.
(3) The construction works shall prohibit the use of products for construction without certification and Declaration, in accordance with the law, the performance of the conformity thereof, respectively.
Article 12 (1) the construction technical approvals shall, under the present law, suitability for use, the conditions of manufacture, transport, storage, release and maintenance.
(2) The construction works which should ensure the quality level will be used in accordance with the requirements of products, processes and equipment, as well as new ones for which there are corresponding technical approvals.
(1) verification of compliance with the technical regulations relating to projects relating to basic requirements applicable shall be carried out by specialists authorized projects breaks the domains/subdomains and specialties other than development specialists of the drafts. Certified project verifier cannot check and stamp projects drawn up by himself, to whose development he participated or projects for which, as a technical expert, certified has developed technical expertise report.
(2) it is prohibited to use technical projects and the details of implementation, under the terms of paragraph 1. unverified (1) in conjunction with article. 5 para. (2) and (3) check the quality of the works executed for carrying out construction and interventions to existing buildings, for which they are issued, in accordance with the law, building permits or non, is binding and must be carried out by investors through form masters of authorised employees, investors, and responsible, with implementation of the techniques employed by executanţilor.
(4) the Technical Expertise of projects, execution and construction works are carried out by certified technical experts on the domains/subdomains and specialties.
Article 14 (1) quality management in construction involves strategies and specific measures for ensuring compliance with the fundamental requirements applicable to construction and constitutes an obligation of all factors involved in the stages referred to in article 21. 2. (2) economic operators carrying out construction works shall ensure that the appropriate level of quality requirements, by own personnel and authorized with execution techniques in charge, as well as through their own system conceived and realized.
Article 15 Authorisation and accreditation of laboratories and testing in the construction is made in accordance with the legal provisions.
Article 16 measurement in construction activity is carried out in accordance with the legal provisions concerning the calibration, verification and maintenance of functioning of measuring instruments and control used in this field.
Article 17 (1) Reception thereof constitutes certification of achievement of construction based on direct examination, in accordance with the documentation and documents contained in the technical book construction.
(2) Technical Book construction includes documentation relating to the design, implementation, documentation on the documentation relating to the reception and documentation on survey in mining and construction, interventions shall be drawn up by the investor and owner surrenders, saying construction documentation relating to the design and documentation relating to the construction and completion of work at the front desk, and the documentation relating to the reception, and the documentation relating to the survey of operating and intervention on the construction of the final acceptance of construction works.
(3) the owners of construction are required to keep up to date and complete technical documentation relating to the survey of operating and intervention. The book pertaining to the technical operation of the building are required for the owner, administrator and user. In the case of the Association of owners, technical book construction shall be kept up-to-date and shall be completed by the administrator. On the disposal of construction, technical book is taught to the new owner.
(4) construction Reception is made by the investor/owner, in the presence of the designer and the contractor and/or legal representatives, appointed by them.
Article 18 (1) survey of construction is done throughout the duration of their existence and shall comprise all activities relating to the examination or investigation by means of specific observation and measurement, in order to maintain the fundamental requirements.
(2) intervention in existing buildings relates to building works, reconstruction, supporting the provisional elements damaged, partial disturbance, consolidation, repair, alteration, extension, renovation, increase in energy performance, major renovation or complex, depending on the circumstances, change of destination, the protection, restoration, preservation, abolishing all. They shall be made on the basis of technical expertise prepared by a technical expert certified and, where appropriate, on the basis of an energy audit prepared by a certified energy auditor for buildings, comprise the design, execution and reception of works requiring the issuance of an authorization under the law or abolishing, as appropriate. Interventions to existing buildings shall be recorded in the technical book construction.
Article 19 Postutilizarea construction includes activities decommissioning, dismantling and demolition of structures, reconditioning and reuse of recoverable items and products as well as recycling with environmental protection law.
Article 20 (1) the State of quality Control in construction includes inspections at investors, from the design, construction, exploitation and postutilizare construction of the existence and compliance with quality system construction.
(2) State control of quality in construction shall be exercised by the State Inspectorate in constructions-I.S.C., responsible for the execution of State control with regard to the uniform application of the legal provisions in the field of quality construction.
(3) exception from paragraph 1. (2) not subject to State control of quality in construction, exercised by the State Inspectorate in constructions-I.S.C., single-family homes and household property annexes individuals, located in rural areas and in villages belonging to municipalities and cities, as well as provisional buildings and works that you can run without planning permission, according to the law.
Article 21 (1) Ministry of regional development and public administration organizes the technical-professional attestation of specialists who carry out activity in construction projects breaks, technical experts, building energy auditors-domains/subdomains and categories of constructions and installations related specialties, corresponding to the fundamental requirements and periodic confirmation concerning the exercise of their right to practice.
(2) the State Inspectorate in constructions-I.S.C. organises: a) the approval of laboratories of analyses and tests;
b authorization of data controllers) with implementation techniques and project supervisors of construction site, as well as periodic confirmation concerning the exercise of their right to practice.
(3) fees for the accreditation and authorization is approved by order of the Minister of regional development and public administration and shall be borne by the interested parties.
Chapter III Obligations and liability obligations and liability Section 1 of Article 22 investors Investors are individuals or legal entities that finance and investment or intervention to existent buildings within the meaning of the law and have the following main obligations relating to the quality of the constructions: a) the establishment of qualitative level what needs to be achieved through design and execution on the basis of technical regulations, as well as studies and research;
b) agreements and permits provided for by law, as well as building permit issuing;
c) ensuring verification projects breaks projects certified specialists;
d ensuring fair execution) verification of construction by form masters or operators of specialized consultancy throughout the work;
e) prosecution settlement neconformităţilor, defects arising during the execution of the works and the shortcomings of the projects;
f) ensuring receipt of construction works at the completion of work and at the expiry of the warranty;
(g) preparation of technical book) and its teaching by the owner;
h) construction expertise by certified technical experts, in situations where the construction works is running nature of those referred to in article 1. 18 paragraph 1. (2) of this Act.
Section 2 of the obligations and liabilities of designers Article 23 construction Designers are responsible for the following main obligations relating to the quality of construction: a) to specify the category of the project of construction;
b) ensuring through projects and details of implementation to the appropriate level of quality requirements, complying with the technical regulations and the provisions of the contract;
c) in front of presentation projects elaborated projects breaks certified specialists, established by the investor, as well as the settlement of neconformităţilor and pointed out inconsistencies;
d) development, specifications may be technical instructions concerning the execution, operation, maintenance and repairs, as well as, where appropriate, projects relating to tracking the behaviour of constructions. Documentation on postutilizarea construction is carried out only at the request of the owner;
(e) to establish, through the project), as determined by the execution phases for work related requirements and participation on-site quality checks related to them;
f) decide how to handle faults arising in the execution, the fault of the designer, from construction to ensure the appropriate level of quality requirements, as well as monitoring the application of on-site solutions adopted, after acquiring them by specialists authorized projects breaks, at the request of the investor;
g) participation in the preparation of technical construction and book at the reception of the works carried out;
h) technical assistance, in accordance with the provisions of the contract, for projects developed during the execution of construction works or intervention at existing buildings;
I) ensuring the participation of the designer and project coordinator, as appropriate, the designers at all stages on the specialties of implementation laid down in the draft and the reception at the completion of work.
Article 24 expenses of conducting further work towards economic and technical documentation approved, as a result of design errors, are supported by the designer/Designer project coordinator and planners on specialties, natural or legal persons, jointly and severally with verifiers, project referral has justified the investor and/or the beneficiary on the basis of an expert report prepared by a technical expert technical attestation.
Section 3 of the obligations and liabilities of executanţilor Article 25 construction contractor has the following obligations: a) referral to the investors on the neconformităţilor and discrepancies noted in the projects, in order to solve;
(b) commencement of execution of works) only at authorized construction in accordance with the law and only on the basis and in accordance with approved projects checked by specialists;
c quality assurance level) corresponding to the requirements through a quality designed and realized by own personnel, with authorized with execution techniques responsible;
d) convening factors that must participate in the verification of the work presently in phase of execution and provision of the necessary conditions to carry out, in order to obtain the agreement of the continuation of the work;
neconformităţilor, e.5) resolution of defects and inconsistencies encountered during execution, solely on the basis of the solutions set out in the designer with the consent of the investor;
f) using in execution only of products and processes to the project, or where special technical approvals, which lead to the fulfillment of requirements, and manage evidence-witness; replacement products and processes to the project with others who satisfy the conditions specified and only on the basis of the solutions laid down by designers in agreement with the investor;
g) compliance projects and details of implementation for achieving the appropriate level of quality requirements;
h) referral, within 24 hours, the State Inspectorate in constructions-I.S.C. If technical accidents during execution of works;
I) submission to the reception only of structures conforming to the requirements of quality and for the investor who has taught the necessary documents drawing up technical book construction;
j) bringing to fruition, within specified time limits, the measures ordered by laws, or by receipt of the documents of construction works;
k) fixup, at its own expense, to qualitative defects arising from his guilt, both during construction and in the warranty period established by law;
it temporarily occupied lands) return to their original state upon completion of execution of the work;
m) to establish the responsibilities of all participants in the production process-factors, collaborators, subcontractors-according to his own system of quality assurance and adopted with the legal provisions in force.
Section 4-the obligations and liabilities of specialists for projects breaks, of those responsible for implementation and techniques with expert techniques, authorised by article 26 (1) certified projects breaks the Specialists responsible jointly and severally with the designer in terms of ensuring appropriate level of quality requirements of the project.
(2) authorised Officers responding with implementation techniques, according to their competences, in order to achieve a level of quality corresponding to the fundamental requirements to construction works for which they are employed.
(3) certified technical experts, employed for the expertise of projects, construction or construction works in use, responsible for data solutions.
(4) the obligations of the authorised specialists shall be determined by regulations of law enforcement.
(5) in case of special events due to natural or anthropogenic factors, at the request of the State Inspectorate in constructions-I.S.C., certified technical experts participating in the evaluation of the technical condition of structures damaged in order to establish the conditions of use for further decommissioning of their times.
Section 6 Obligations and liability of the owners of construction article 27 construction Owners have the following obligations: a) of carrying out maintenance and repairs, according to the rules laid down in the technical book construction and resulting from the work of the follow-up survey of the time of construction;
b) preservation and completion of technical book construction and its teaching, on the disposal of construction, the new owner;
c) ensuring prosecution of reaction in time of construction as defined in the technical book and technical regulations;
d) making, where applicable, of processing, consolidation, reconstruction, extension, abolishing partial as well as repair works of the construction only on projects drawn up by individuals or legal persons authorized and verified according to law;
e) carry out the work of building interventions required by the regulations;
f) ensuring of carrying out work in postutilizare stage of the construction, in compliance with the legal provisions in force.
Section 6 obligations and liabilities of administrators and users of construction Article 28 administrators and construction users have the following obligations: a) use of construction according to the instructions of operation laid down in the technical book of the building;
b) timely maintenance and repairs under the contract;
c) performing construction works at existing intervention within the meaning of art. 18 paragraph 1. (2) only with the consent of the owner and in compliance with legal provisions;
d) tracking survey of the construction of the building according to the technical book and the contract concluded with the owner;
e) referral, within 24 hours, the State Inspectorate in constructions-I.S.C., in case of accidents in construction industry in which it operates.
Section 7 has obligations and responsibilities in the research Article 29 Units providing engineering research activities have the following obligations: a) the making of preliminary theoretical and experimental research, with a view to making technical regulations in construction;
b) elaboration and substantiation of experimentation, technical solutions, new products and processes for construction;
c) verification and control of new products and processes at the request of the producers to release technical approvals, according to legal provisions.
Section 8 of the obligations and responsibilities of the common 30 Article Designer, specialist projects certified Verifier, manufacturers and suppliers of building products and materials, contractor, person responsible for the technical implementation, the project supervisor, technical expert attested to respond according to obligations for hidden construction defects, cropped up over a period of 10 years as from the reception of the work, as well as after this period the duration of construction, for vices strength structure resulting from failure to observe the rules of design and execution in force on the date of achieving them.
Article 31 *) Designers, as well as professional and technical specialists are certified or licensed, as referred to in art. 6, are required to complete professional indemnity insurance, valid for the duration of the exercise of the right to practice.
Note ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) see footnote to article 1. 5 para. (1) (a). g). ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Article 32 Designers, as well as professional and technical specialists are certified or licensed, as referred to in art. 6, are required to make available to the regulatory authorities and/or control in construction, at their request, documents produced in the performance of obligations.
Section 9-the Obligations and responsibilities of the State Inspectorate in constructions-I.S.C.
Article 33 of the State Inspectorate in constructions-I.S.C. controlling State with regard to the uniform application of the legal provisions in the field of quality at all stages of construction and construction quality system components, apply the penalties offences ascertained and measures provided for by law and stopping work carried out improperly.
Notwithstanding the provisions of article 4. 33, Ministry of defence, Ministry of Internal Affairs, the national administration of penitentiaries, the Romanian intelligence service, the foreign intelligence service, the Special Telecommunications Service and the service of protection and State Guard control with regard to the uniform application of the legal provisions in the field of quality at all stages of construction and construction quality system components, apply the penalties provided for offences, and where appropriate, stopping work carried out improperly, for buildings, facilities and related facilities and special military objectives within it, through its own control structures, whose mode of organisation and functioning are determined by orders of the rulers of the respective institutions.
Chapter IV Penalties Article 35 (1) design, verification, providing expertise, achievement of construction execution times of its changes without complying with the technical regulations concerning stability and strength, if this way is put in danger the life or bodily integrity of one or more persons, constitutes infringement and is punishable with imprisonment from one year to five years and the prohibition of certain rights.
(2) the Act referred to in paragraph 1. (1) if produced one or more of the following consequences: loss of life, serious injury to limb or health of one or more persons, all or part of the construction, destruction and degradation of some important installations or machines or other particularly serious consequences, constitutes an offence and is punishable with imprisonment from 3 to 10 years and the prohibition of certain rights.
(3) if the conduct referred to in paragraph 1. (1) have been committed through negligence, the limits of sentences are reduced by half.
Within the meaning of article 36 of this law, are subject to the following facts, if they were not committed in such circumstances that, according to the law, to constitute offences, sanctions and fines, as follows: i. from 10,000 to 20,000 lei lei: a) the execution of modifications to its building demolition in violation of times the provisions relating to the authorisation and execution;
b) making alterations, conversions, upgrades, consolidation without checking out the project in accordance with the legal provisions are certified specialists and which may affect the basic requirements applicable;
c) violation relating to basic requirements applicable to construction set out in the technical regulations in force at the time of contracting the design and execution of the work;
d) achieving seamless projects or projects certified specialists according to unverified legal provisions;
e) Investor receiving construction in violation of legal provisions;
f) preparing briefs incomplete, showing non-conforming or solutions containing discrepancies between different sections, which give rise to unfilled level of quality requirements applicable to construction corresponding fundamental. With the finding of the violation and the application of the penalty, the designer is required to complete/rework the technical documentation, as appropriate, at their own expense;
g) appropriation by specialists authorized projects breaks of incomplete projects, showing the non-conforming or solutions containing discrepancies between different sections, which give rise to unfilled level of quality requirements applicable to construction corresponding to fundamental;
h) elaboration of technical expertise are incomplete, not complying with the provisions of the technical regulations in force at the time of contracting, as well as to establish solutions that lead to breaches of the provisions concerning the basic requirements applicable;
I) prohibition or obstruction of performance of quality control in the construction documents and documents requested by the persons with powers of control and/or by the competent authorities, in accordance with the legal provisions;
II. from 5,000 to 10,000 lei lei: a) failure to provide verification of the performance of construction works by form masters of authorised specialists or who hold equivalent certificates, recognized in law;
(b) inappropriate and non-application) of the quality management system, as well as the realization of seamless execution techniques with specialists responsible licensed or holding equivalent certificates, recognized in law;
c) overcoming by verifiers certified projects, technical experts, certified energy Auditors for buildings certified, sworn officers with execution techniques and diriginţii powers of authorized domains, subdomains, or professional degrees that are certified/licensed and/or non-fulfilment of obligations according to regulations in force;
d) default set by regulations and procedures drawn up in application of this law, related to achieving and maintaining the fundamental requirements in the early stages of realization of constructions, and interventions to existing buildings and in their postutilizare of the factors involved, according to each person's responsibilities;
e) by the Atmos-book non-remission investor owner, namely the documentation on design and documentation relating to the construction and completion of work at the front desk, and the documentation relating to the reception and documentation relating to the survey of operating and intervention on the construction, the final acceptance of construction works;
failure to perform obligations f) survey of engineering complexity and importance, relating to the fundamental requirement of mechanical resistance and stability;
g) leaving and not maintaining technical book construction in accordance with the legal provisions;
failure to perform obligations) survey of construction and failure, according to the law, of the works of repair and reinforcement;
I neamenajarea land temporarily occupied) to bring them to its original state upon completion of the construction works;
j) executing the failure of established solutions in accordance with the law, technical expert or certified Designer, neconformităţilor, in order to resolve inconsistencies arising defects during times the execution of construction works, respectively intervention in existing buildings;
III. from 1,500 to 5,000 lei lei: the neprecizarea project) in the category of importance of the construction and the fact that no decisive phases subject to quality control;
(b) the provision or) use of non-certified products or for which there are no technical approvals to work which is necessary to ensure the level of quality corresponding to fundamental requirements applicable;
c) failure by the projects of quality corresponding to fundamental requirements applicable;
d) defence of the factors that you must participate in the verification of the work presently in phases of workmanship and failure conditions;
e) from checking absence without leave of the works reached the decisive phase as a result of calling made by executing;
f failure to comply with the obligation of the Designer) to determine solutions for troubleshooting signalled, relating to basic requirements applicable;
g) be prejudicial to the State Inspectorate in constructions-I.S.C. in case of accidents in the construction industry, as well as those in service;
(h) failure to comply with the time limit), fixed, of the measures contained in the pleadings;
I) refusal of technical experts are certified to participate in the evaluation of the technical condition of buildings damaged due to natural or anthropogenic factors, at the request of the State Inspectorate in constructions-I.S.C.
Article 37 (1) with the application of the fine by people involved in the control of the State Inspectorate in constructions-I.S.C., for offences referred to in articles. 36, Ministry of regional development and public administration may order by order of the Minister, as a complementary penalty, suspension of the right to practice of certified specialists in construction activity for a period of between 6 months and 12 months, proportional to the level of the fine and applied according to the nature and gravity of the offence.
(2) the State Inspectorate in constructions-I.S.C. may order additional sanction, with the application of fine for offences under article 4. 36, suspension of the right to practice of authorized specialists in construction activity for a period of between 6 months and 12 months, proportional to the level of the fine and applied according to the nature and gravity of the offence, with the consent of the Ministry of regional development and public administration.
Article 38 (1) administrative Sanctions referred to in article 1. 36 applies to both legal persons and individuals.
(2) under this law, the offender may pay one-half of the minimum fine set by the report of irregularity within 48 hours from the date of referral to the knowledge of the criminal sanction.
(1) the finding of violations under article 4. 36 and the sanctions are carried out by persons involved in the control of the State Inspectorate in constructions-I.S.C., and, in the cases referred to in article 1. 34, by persons authorized by the Ministry of national defense, the Ministry of Internal Affairs, the national administration of penitentiaries, the Romanian intelligence service, the foreign intelligence service, the Special Telecommunications Service and the protection and Guard Service.
(2) the power to impose fines under article 4. 36 be brought within three years from the date of Commission of the offence.
Article 40 Offences under article 4. 36 apply to them the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented.
Chapter V final and Transitional Provisions Article 41 (1) the regulations concerning construction quality system components shall be drawn up by the Ministry of regional development and public administration and is hereby approved on behalf of the Government.
(2) the procedures for the application of regulations referred to in paragraph 1. (1) and, if applicable, instructions in their application is approved by order of the Minister of regional development and public administration.
Article 42 notwithstanding article 45, legally. 13 projects for housing and the single-family household annexes from the property of individuals, located in rural areas and in villages belonging to municipalities and cities, as well as provisional buildings for which building permits are issued are not subject to verification by the certified projects breaks.
Article 43 (1) Investors or owners are obliged to turn to the State Inspectorate in constructions-I.S.C. an amount equivalent to a rate of 0.5% of the amount, exclusive of VAT, of works for new construction and realization of the existing constructions for intervention which are issued under the law, permits to construct/remove except for investors/owners performing the intervention works to strengthen buildings housing classified in class I of seismic risk.
— — — — — — — — —-. (1) of article 1. 43 was amended by section 1 of article. VII of the EMERGENCY ORDINANCE nr. 46 from 23 October 2015 published in MONITORUL OFICIAL nr. 801 of 28 October 2015.
(2) the amount equivalent to 0.5% of the quota referred to in paragraph 1. (1) determine and shall be transferred by the State Inspectorate in constructions-I.S.C. thus: a) 50% of the equivalent amount of 0.5% of the applied value of the work authorized shall be transferred by investors or owners on the date of transmission of the State Inspectorate in constructions-I.S.C. reminder regarding the date of commencement of the work authorized, as provided for in law No. 50/1991 authorizing execution of construction works, republished, with subsequent amendments and additions;
b) amount resulting difference between the amount of 0.5% applied to the final value, exclusive of VAT, of the works performed and the amount transferred under the provisions of subparagraph (a). a), and any amounts previously paid to related legal quotas shall be transferred by investors or owners up to the date of signing the acceptance report at the completion of the work.
Lit. b) of paragraph 2. (2) of article 9. 43 has been amended by section 2 of art. VII of the EMERGENCY ORDINANCE nr. 46 from 23 October 2015 published in MONITORUL OFICIAL nr. 801 of 28 October 2015.
(3) payment of amounts Delay determined according to paragraph 1. (2) (a). ) and b) penalizes 0.15% per day with delay.
(4) the State Inspectorate in constructions-I.S.C. uses 50% of the Fund constituted for such duties, in accordance with legal provisions, and turns on a monthly 50% of this Fund on behalf of the Ministry of regional development and public administration.
(5) the sums paid by the State Inspectorate in constructions-I.S.C., under the present law, shall constitute revenue of the Ministry of regional development and public administration in the current expenditure and capital expenditure for: a regulatory activity) construction, including contracting the development of technical regulations and of specific activities;
b) execution by National Investment Company "Jsc-C.N.I." certain categories of services within the framework of the national program for construction of public or social interest ";
c) attestation activity professional-technical construction;
d) Organization and management of data bases, specific constructions, technical regulations notified bodies/accredited/designated/skill building products and construction business specialists are certified technical professional.
(6) at the end of Availability from their own revenues over the next year and have the same destination.
(7) personal expenses include payment of compensation for the participation of the specialists as members in committees/commissions/councils for avizări from a technical standpoint, as well as the examination committees for technical and professional attestation of specialists working in construction.
(8) the amount of the allowance for the participation of experts, as members of committees/commissions/councils referred to in paragraph 1. (7), approved by order of the Minister of regional development and public administration, with the approval of the regulations on the organisation and operation thereof, in accordance with the normative acts concerning the remuneration of the staff of institutions of higher education.
(9) the expenses necessary to assess conformity of products for construction, European technical assessment for products for construction, development and approval of technical approvals of construction, technical and professional accreditation and authorization of construction activity, authorisation and accreditation of laboratories in construction, verification of projects and execution of construction works, technical expertise and construction projects, certification of the energy performance of buildings and energy audits, technical inspection of machinery and technological equipment as well as installations for construction quality management in construction, metrology, reception of works of verifications, in-service behaviour tracking and intervention to existent buildings and construction, postutilizării shall be borne by the stakeholders.
Article 44 on the date of entry into force of the provisions of this law are repealed law No. 8/1977 on durability, safety, functionality and quality of construction, Government Ordinance No. 2/1994 on the quality in construction, as well as any other provisions to the contrary.
Note we reproduce below the provisions of art. III and IV of law No. 177/2015 for the modification and completion of the law #. 10/1995 concerning construction quality, which are not incorporated in the form of law No. republished 10/1995 and which still applies, as its own provisions: Art. III.-(1) this law shall enter into force on the 60th day following its publication in the Official Gazette of Romania, part I *), with the exception of the measures referred to in article 1. 5 para. (1) (a). g) and art. 29 ^ 1 *), which shall enter into force 12 months after the date of entry into force of this law.
─ ─ ─ ─ ─ ─ ─ ─ ─ ─ *) Law No. 177/2010 was published in the Official Gazette of Romania, part I, no. 484 of 2 July 2015.
*) Art. 29 ^ 1 has become art by renumbering. 31. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ (2) in applying the provisions of art. 20 ^ 1 *) para. (2) (a). b), within four months from the date of entry into force of this law, the State Inspectorate in constructions-I.S.C. will elaborate on the authorisation procedure and the exercise of the right of practice managers with techniques and will take over the Ministry of regional development and public administration list of certified construction activity for technical competence and responsible with the Queen Bee in respect of licences technical and professional accreditation issued on their behalf. The procedure for authorisation and exercise of the right of practice managers with implementation techniques are approved by order of the Minister of regional development and public administration.
***) Art. 20 ^ 1 has become art by renumbering. 21. ─ ─ ─ ─ ─ ─ ─ ─ ─ ─ Art. IV.-within 12 months from the date of entry into force of this law, the Ministry of regional development and public administration will review and update accordingly the changes and additions brought about by this law, the following acts: (a) Government decision No.) 273/1994 approving the reception building and installation thereof, as amended and supplemented;
b) Government Decree No. 925/1995 approving the technical expertise and the quality of projects, execution of works and buildings;
c) Government Decree No. 766/1997 approving regulations on construction quality, as amended and supplemented;
d) Government decision No. 203/2003 approving the types of technical regulations and regulatory activity costs in construction, urban planning, regional planning and habitat, as well as the detailed procedures on the criteria and methods of allocation of necessary amounts of intervention as a first emergency construction and endangering the public, as amended and supplemented;
e) Government decision No. 622/2004 laying down the conditions for the marketing of construction products, republished, with subsequent amendments and additions;
f) Government decision No. 28/2008 approving the content of the technical and economic documentation related to public investment, as well as the structure and methodology for the elaboration of a general estimate for the investment objectives and interventions;
g) Government decision No. 1.236/2012 on the establishment of the institutional framework and measures for the implementation of the provisions of Regulation (EU) No. 305/2011 of the European Parliament and of the Council of 9 March 2011 by laying down harmonised conditions for the marketing of construction products and repealing Directive 89/106/EEC;
h) Government decision No. 525/2013 for the approval of the General and specific duties, the organizational structure and the maximum number of posts and the normării fleet and fuel consumption of the State Inspectorate in constructions-I.S.C., with subsequent amendments. "