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Law No. 163 Of 21 July 2016 For The Modification And Completion Of The Law #. 10/1995 Concerning Construction Quality

Original Language Title: LEGE nr. 163 din 21 iulie 2016 pentru modificarea şi completarea Legii nr. 10/1995 privind calitatea în construcţii

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LEGE no. 163 163 of 21 July 2016 to amend and supplement Law no. 10/1995 on quality in construction
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 561 561 of 25 July 2016



The Romanian Parliament adopts this law + Article I Law no. 10/1995 on quality in construction, republished in the Official Gazette of Romania, Part I, no. 689 of 11 September 2015, as amended, shall be amended and supplemented as follows: 1. Article 2 is amended and shall read as follows: "" Art. 2. -(1) The provisions of this Law shall apply to constructions and installations thereof, hereinafter referred to as construction, in the design stages, technical verification of the projects, execution and reception of constructions, as well as in the stages exploitation, technical expertise and interventions on existing and post-use constructions, regardless of the form of ownership, destination, category and class of importance or source of funding, in order to protect people's lives, their goods, of society and of the environment. (2) The installations provided in par. (1) include electrical, sanitary, thermal, gas, ventilation, air conditioning/air conditioning, water supply and sewerage installations, excluding industrial installations, machinery and technological equipment. " 2. In Article 6, paragraph 2 shall be amended and shall read as follows: " (2) For the purposes of this law, the factors involved in par. (1) are: investors, owners, administrators, users, executors, researchers, designers, certified project verifiers, certified technical experts, energy auditors for attested buildings, technical officers with execution authorized, authorized site supervisors, manufacturers/manufacturers of construction products, their authorized representatives, importers, distributors of construction products, evaluation and verification bodies of the constant performance of construction products, bodies European technical assessment in construction, construction technical approvals bodies, construction analysis and testing laboratories, technical universities and research institutes in the field of construction and associations professional profile. " 3. in Article 7, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) The warranty period is provided in the contracts concluded between the parties, depending on the categories of importance of the constructions established according to the law, and will have a minimum duration, as follows: -5 years for constructions classified in categories of importance A and B; -3 years for constructions classified in the category of importance C; -1 year for constructions classified in the category of importance D. The warranty period is extended by the period of remediation of the qualitative defects found during this period. " 4. In Article 9, after letter l), three new letters, letters m) are inserted, with the following contents: " m) certification of technical-professional qualification of economic operators providing design services and/or construction consultancy; n) certification of technical-professional qualification of economic operators carrying out construction works; o) continuous professional improvement of specialists who carry out activities in the field of construction. " 5. In Article 18, paragraph 2 shall be amended and shall read as follows: "" (2) Interventions to existing constructions refer to works of construction, reconstruction, partial abolition, consolidation, repair, modernization, modification, extension, rehabilitation, thermal rehabilitation, energy performance increase, renovation, major or complex renovation, as the case may be, change of destination, protection, restoration, conservation, total abolition. They shall be carried out on the basis of a technical expertise drawn up by a certified technical expert and, where appropriate, on the basis of an energy audit drawn up by an energy auditor for attested buildings, and shall include the design, execution and reception of works which requires the issuance, under the law, of the building permit or the abolition, as the case may be. Interventions on existing constructions shall be compulsorily recorded in the technical book of construction. " 6. In Article 20, paragraph 2 shall be amended and shall read as follows: " (2) The state control of the quality in construction shall be exercised by the State Inspectorate in Constructions-I.S.C., which is technically responsible for the execution of the state control regarding the unitary application of the legal provisions in the quality of construction. " 7. In Article 21, paragraph 1 shall be amended and shall read as follows: "" Art. 21. -(1) The Ministry of Regional Development and Public Administration organizes the technical-professional attestation of specialists who carry out construction activity-project verifiers, technical experts, energy auditors for buildings-on areas/subareas of construction and on specialties for the installations related to the constructions provided in art. 2 2 para. ((2), corresponding to the fundamental requirements, as well as periodic confirmation on the exercise of their right of practice. " 8. In Article 22, letter f) is amended and shall read as follows: "f) the reception at the end of the construction works and the final reception at the expiry of the guarantee period;" 9. In Article 27, after letter f) a new letter, letter g) is inserted, with the following contents: " g) the putting into use of the construction after the admission of the reception at the end of the works, its takeover and the obtaining of permits 10. In Article 28, after letter e) a new letter, letter f) is inserted, with the following contents: "f) the notification of the owner in case of qualitative defects during the warranty period established according to the law." 11. In Article 36, the introductory part of point I shall be amended and shall read as follows: "" I. from 20,000 lei to 40,000 lei: " 12. In Article 36, point I, letter a) is amended and shall read as follows: "a) the execution of a new construction, an intervention to an existing construction, as well as its abolition in violation of the provisions relating to its authorization and execution;" 13. In Article 36, point I, after letter i) a new letter, letter j) is inserted, with the following contents: " j) non-compliance with the obligations provided in 22 lit. f) and art. 27 lit. g); " 14. In Article 36, the introductory part of point II shall be amended and shall read as follows: "II. from 10,000 lei to 20,000 lei:" 15. in Article 36, point II, after letter j), a new letter, letter k) is inserted, with the following contents: " k) non-compliance with the obligations provided in 22 lit. h) and art. 28 lit. a) and c); " 16. In Article 36, the introductory part of point III shall be amended and shall read as follows: "III. from 3,000 lei to 10,000 lei:" 17. In Article 36, point III, after letter i), a new letter, letter j) is inserted, with the following contents: " j) non-compliance with the obligations provided in 22 lit. e). " 18. Article 37 is amended and shall read as follows: "" Art. 37. -(1) With the application of the fine by the persons with control powers of the State Inspectorate in Construction-I.S.C., for the contraventions provided in art. 36, the Ministry of Regional Development and Public Administration can order, by order of the Minister, as complementary sanctions, the suspension of the certificate of technical-professional attestation to specialists who carry out construction activity for a period of 6 to 12 months or, as the case may be, its cancellation. (2) The State Inspectorate in Construction-I.S.C. may order as complementary sanctions, with the application of the fine for the contraventions provided in art. 36, the suspension of the authorization of specialists operating in construction for a period of between 6 and 12 months or, as the case may be, its cancellation. (3) When the acts committed by certified/authorized specialists who carry out construction activity constitute crimes according to art. 35, at the request of the prosecution bodies, the right of practice shall be suspended until the criminal investigation is completed or, as the case may be, until a final court decision is delivered. " 19. In Article 38, paragraph 2 shall be amended and shall read as follows: "(2) Under the conditions of this law, the offender may pay half of the amount of the fine established by the minutes of contravention, within 48 hours from the date of becoming aware of the contravention sanction." 20. in Article 38, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) Under the conditions of this law, the contravention sanction" warning "shall not apply" 21. In Article 39, paragraph 2 shall be amended and shall read as follows: " (2) The right to apply the fines provided for in art. 36 is prescribed within 5 years from the date of reception at the end of construction works. " + Article II This Law shall enter into force 30 days from the date of its publication in the Official Gazette of Romania, Part I, except for the measures provided for in art. 9 lit. m), n) and o), of Law no. 10/1995 , republished, as amended, as amended and supplemented by this Law, which shall enter into force 18 months after the date of entry into force of this Law. + Article III Time limit set art. IV of Law no. 177/2015 to amend and supplement Law no. 10/1995 on quality in construction, published in the Official Gazette of Romania, Part I, no. 484 of 2 July 2015, shall be extended by 5 months. + Article IV Law no. 10/1995 on quality in construction, republished in the Official Gazette of Romania, Part I, no. 689 of September 11, 2015, as amended, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. + Article V ((1) Constructions carried out with the permits and notices provided by the legal provisions in force, as well as those made in customary regime, which are not historical monuments, located within the areas declared according to the law areas with status of Medieval fortress, are exempted from the provisions art. 611 611-615 of Law no. 287/2009 on the Civil Code, republished, as amended. (2) By the General Urban Planning Regulation, approved under the law, the details on the situations provided in par. (1), within 30 days from the date of publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
FLORIN IORDACHE
SENATE PRESIDENT
CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU
Bucharest, July 21, 2016. No. 163. -----