Details of Regulations on the Administration of Quality and Safety in Production of Construction Projects in Hunan Province

Article 1 In order to strengthen the supervision and management of the quality and safety production of construction projects, and ensure the safety of people's lives and property, these Regulations are formulated in accordance with the Construction Law of People's Republic of China (PRC), the Regulations on Quality Management of Construction Projects, the Regulations on Safety Production Management of Construction Projects and other laws and administrative regulations, combined with the actual situation of this province.

Article 2 Anyone who engages in new construction, expansion, reconstruction, demolition and other related activities of construction projects within the administrative region of this province, and supervises and manages the quality and safety production of construction projects, shall abide by these regulations.

The supervision and management of the quality and safety production of transportation, water conservancy and other professional projects and individual civil air defense projects, if there are other provisions in laws and regulations, shall prevail.

Article 3 The construction administrative departments of the people's governments at or above the county level shall supervise and manage the quality and safety production of construction projects within their respective administrative areas.

The transportation and water conservancy administrative departments of the people's governments at or above the county level shall, in accordance with their statutory duties, be responsible for the supervision and management of the quality and safety production of related professional projects.

The safety production supervision and management departments of the people's governments at or above the county level shall implement comprehensive supervision and management of the safety production of construction projects according to law.

Fourth construction, survey, design, construction drawing review, project supervision, testing, construction and other related units shall implement the responsibility system and be responsible for the quality and safety of construction projects according to law.

Employees of survey, design, project supervision, inspection and testing, construction and other units shall obtain corresponding professional qualifications according to law, engage in activities within the prescribed business scope, and shall not practice in more than two units at the same time.

Fifth to encourage the popularization and application of new materials, new processes, new equipment and new technologies that meet the requirements of safety, environmental protection and energy saving. It is forbidden to use materials, processes and equipment that endanger the safety of construction and use.

The construction administrative department of the provincial people's government and the relevant departments are responsible for publishing the catalogue of engineering construction materials, processes, equipment and technologies for promotion and elimination.

Article 6 People's governments at or above the county level and relevant administrative departments shall establish an incentive mechanism for high-quality projects and safe and civilized construction, and commend and reward units or individuals that have made outstanding contributions to improving the quality of construction projects and the level of safe production.

Chapter II Responsibilities and Obligations of the Construction Unit

Article 7 Construction units shall contract out construction projects to units with corresponding qualifications according to law, and specify the responsibilities and measures for the quality and safety production of construction projects in the form of written contracts.

The construction unit shall provide the original materials related to the construction project to the survey, design, construction drawing review, project supervision, inspection and testing, construction and other units. The original data must be true, accurate and complete.

Article 8 The construction unit shall witness the on-site investigation of the construction project, and if there are no conditions, it may entrust other investigation units to witness it.

Construction projects that should be supervised according to laws and regulations must be supervised. If the construction project is supervised, the construction unit shall entrust a project supervision unit with corresponding qualifications to supervise; Without supervision, the construction unit shall ensure that the project management personnel have the conditions stipulated by the state and the province.

Ninth construction units must ensure the construction funds of construction projects, and provide project payment guarantee in accordance with the relevant provisions of the state and province. For government-invested construction projects, the construction unit shall not carry out project construction by means of contract with capital or advance payment.

The construction unit shall, in accordance with the relevant provisions of the state and the province, determine the expenses of accident insurance, industrial injury insurance, safe working environment and safety protection, civilized construction measures, etc., and specify them in the project contract.

Article 10 Where a construction unit contracts the same construction project separately, it must obtain a construction permit separately according to law. When applying for a construction permit, the construction unit shall, in accordance with the project examination and approval authority, submit the quality and safety information of the construction project to the construction administrative department of the people's government at or above the county level or the administrative department of transportation and water conservancy:

(a) the filing documents of the construction drawing design review;

(two) the construction project quality and safety supervision documents;

(three) documents on the examination of safety production conditions;

(4) Other materials as prescribed by laws and regulations.

The construction unit shall, in accordance with the provisions of the construction project approved according to law, handle the supervision procedures for the quality and safety production of the construction project.

Eleventh the construction unit shall, within ten working days after receiving the completion report of the construction unit, organize the design, project supervision, construction and other units to carry out the completion acceptance, and submit an application for acceptance to the relevant administrative departments according to law. The relevant administrative departments shall issue documents of approval or disapproval within the statutory time limit.

The construction unit shall organize design, project supervision, construction and other units to conduct household acceptance of residential projects.

Twelfth construction units shall, within three months after the completion acceptance of the construction project and the completion acceptance filing procedures, hand over the construction project files to the filing authority and obtain the file transfer certificate.

The construction unit shall, when handling the registration of house property rights, issue a record certificate for the completion and acceptance of house construction projects.

Chapter III Responsibilities and Obligations of Units Examining Survey, Design and Construction Drawings

Thirteenth survey units in accordance with the provisions of laws and regulations and mandatory standards for engineering construction, responsible for the quality of survey; The survey results documents provided must be true, accurate and complete, and meet the requirements of construction quality and safety production.

Fourteenth design units shall carry out the construction project design according to the survey results documents, and be responsible for the design quality. Design documents shall conform to the relevant technical standards and laws and regulations of engineering construction.

Where proprietary technology and patented technology are used, the design unit must indicate it in the design documents, and put forward corresponding measures and suggestions to ensure the project quality and safety in production.

Fifteenth design units shall make a detailed explanation to the construction, supervision and other units on the construction drawing design documents that have been examined and approved, and deal with the technical problems related to the design in time.

Design units should participate in the analysis of construction quality and production safety accidents; Put forward technical solutions to accidents caused by design reasons; For accidents caused by non-design reasons, cooperate with relevant departments to put forward technical treatment schemes.

Sixteenth construction drawing review units shall apply for approval in accordance with the provisions of the state, and undertake the construction drawing review business within the scope of approval.

The construction drawing review unit shall, in accordance with the provisions of the state, review the survey results documents and construction drawing design documents of housing construction projects and municipal infrastructure projects. Those who pass the examination shall, within five working days after issuing the examination certificate, cooperate with the construction unit to file with the construction administrative department of the people's government at or above the county level in accordance with the project approval authority.

If the construction drawing review unit finds that the survey results documents and construction drawing design documents violate laws, regulations and mandatory standards for engineering construction, it shall inform the construction unit to request the original survey and design unit to make corrections, and timely report to the construction administrative department of the people's government at or above the county level according to the project examination and approval authority.

No unit or individual may modify the construction drawing design documents that have been examined and approved without authorization.

Chapter IV Responsibilities and Obligations of Engineering Supervision, Inspection and Testing Units

Seventeenth engineering supervision units must be equipped with professional supervision personnel to adapt to the construction project, in accordance with laws and regulations and relevant technical standards, design documents and construction project contracts, the implementation of supervision of project quality and safety production, and bear the responsibility of supervision:

(a) review the measures taken by the construction unit to ensure the quality and safety of the construction project;

(two) to check the safety production license of the construction unit, the safety production assessment certificate of the management personnel and the special operation certificate of the special operation personnel;

(three) to urge the construction unit to rectify the quality of the construction project and the hidden dangers in production safety; If the circumstances are serious, it shall be ordered to temporarily stop construction and notify the construction unit in time; To refuse to rectify or stop construction, report to the relevant administrative departments in a timely manner;

(four) to check and accept the building materials, structures, buildings and equipment to be used in the construction project, and to examine and sign the project funds allocated by the construction unit; When necessary, supervise the production process of components (fittings), ready-mixed concrete and steel bars used in construction projects;

(five) in accordance with the relevant provisions of the state in a timely manner to take cover engineering acceptance and engineering stage acceptance;

(six) other duties as prescribed by laws and regulations.

Article 18 The inspection and testing unit must pass the metrological certification of the quality and technical supervision department of the State Council or the provincial people's government, and pass the qualification examination of the construction administrative department of the State Council or the transportation and water conservancy administrative department of the provincial people's government, obtain the qualifications stipulated by the state, and undertake the inspection and testing business of construction projects within the scope of its qualifications. Where laws and regulations provide otherwise, such provisions shall prevail.

Construction, construction units and other relevant units shall entrust the inspection and testing business of construction projects to inspection and testing units with corresponding qualifications.

Nineteenth inspection and testing units in accordance with laws and regulations and relevant technical standards for inspection and testing, inspection and testing data and conclusions issued must be true and reliable, and be responsible for the inspection and testing conclusions; If the inspection is unqualified, it shall promptly notify the entrusting unit and report to the relevant administrative departments.

If there is any objection to the inspection conclusion, the inspection and testing unit jointly selected by the objection unit and the original inspection and testing unit shall conduct inspection and testing again.

Chapter V Responsibilities and Obligations of the Construction Unit and Other Relevant Units

Twentieth construction units engaged in construction activities, must abide by the provisions of relevant laws and regulations, the construction unit has not obtained the construction permit or commencement report according to law, shall not organize construction.

Twenty-first construction units shall perform the following responsibilities:

(a) to establish and improve the quality responsibility system, the responsibility system for production safety and the supervision of major hazard sources, safety education and training system;

(two) to determine the person in charge of the project, the person in charge of technology and the person in charge of construction management;

(three) the establishment of safety production management institutions, equipped with full-time safety production management personnel according to law;

(four) strict process management and construction quality inspection;

(five) to formulate emergency plans for major accidents;

(six) other duties as prescribed by laws and regulations.

Twenty-second the main person in charge of the construction unit is fully responsible for the construction quality and safety production of the construction project; The person in charge of the project is responsible for the construction quality and safety production of the project; Full-time safety production management personnel are responsible for the on-site supervision and daily inspection of safety production and major hazard sources of construction projects, stop illegal command and operation, report hidden dangers of accidents to the project leader in time, and report major hidden dangers of accidents to the safety production management organization of the unit.

The construction unit shall, in accordance with the relevant provisions of the state and the province, extract special education and training funds for the education and training of its management and operation personnel.

Twenty-third before the construction of a construction project, the technical personnel of the project management of the construction unit shall explain in detail the technical requirements and major hidden dangers related to the quality and safety of the project to the construction personnel, and shall be signed by the technical personnel and construction personnel for confirmation. For major hazard sources of construction projects, the construction unit shall publicize them at the construction site and set warning signs at corresponding positions.

The construction unit shall provide workers with safety production protective articles, safety protective clothing and safe production working environment that meet the standards prescribed by the state, and inform them in writing of the operating procedures of dangerous posts and the hazards of illegal operations.

Construction workers must abide by the mandatory standards, operating procedures and construction management rules and regulations of construction projects; In case of emergency endangering personal safety, have the right to immediately stop operation or evacuate the dangerous area after taking necessary emergency measures.

Twenty-fourth construction units should strengthen the management of the construction site, take corresponding safety protection measures, and shall not allow non-construction personnel to enter the construction site without authorization.

Twenty-fifth construction units may cause damage to adjacent buildings (structures) and underground pipelines, and shall take special protective measures. The construction site of the construction project in the urban area of this Municipality shall be closed.

The temporary buildings built by the construction unit on the construction site must meet the requirements for safe use, and no dormitory shall be set up in the unfinished and unsafe buildings.

Article 26 The construction unit shall store the safe working environment, safety protection and civilized construction measures of the construction project in a special account, which shall be used exclusively for safe production and shall not be used for other purposes.

Article 27 Where a general construction contractor or professional contractor subcontracts construction services in accordance with the provisions of the state and the province, it shall subcontract the construction services to subcontractors with corresponding qualifications, sign a subcontract, and clarify the responsibilities of both parties in terms of construction quality and safety production.

The general contractor of construction or the specialized contractor of construction shall provide the working conditions for safe production as stipulated by the state and the province. Construction labor subcontractors shall obey the safety production management of the general construction contractor or the construction professional contractor.

Twenty-eighth construction units shall, in accordance with the relevant provisions of the state and the province, pay risk of mortgage for work safety, participate in work-related injury insurance, and handle construction accident insurance for personnel engaged in dangerous operations at the construction site.

Article 29 Units leasing construction equipment, machines and tools and turnover materials shall, in accordance with the relevant provisions of the state and the province, establish a system for the use, maintenance, maintenance and scrapping of leased construction equipment, machines and tools and turnover materials, and accept the supervision of the construction administrative department of the people's government at or above the county level.

Units leasing construction equipment, machines and tools and turnover materials shall provide the corresponding production license, product certificate and inspection certificate to the lessee when leasing construction equipment, machines and tools and turnover materials, and the lessee shall conduct inspection.

Thirtieth ready-mixed concrete, prefabricated components (parts) production units shall organize production in accordance with the relevant national and local technical standards, and provide products that meet the engineering quality requirements.

Construction units and other relevant units are prohibited from purchasing ready-mixed concrete and prefabricated components from production units that do not have professional qualifications for ready-mixed concrete and prefabricated components.

It is forbidden to use unqualified ready-mixed concrete and prefabricated components.

Thirty-first units undertaking construction accident insurance shall provide safety production risk management, personnel training, safety technical consultation and other services for construction units directly or through construction safety production intermediary service agencies and construction industry associations.

Chapter VI Supervision and Administration

Article 32 The construction administrative departments of the people's governments at or above the county level and the administrative departments of transportation and water conservancy shall perform their duties of supervision and management, establish and improve the supervision and management system of construction project quality and safety production, strengthen supervision and inspection of the implementation of relevant laws, regulations and mandatory standards, and send a copy of the main contents of the filing materials of construction safety measures to the safety production supervision and management departments at the same level.

Thirty-third people's governments at or above the county level shall have the right to take the following measures when performing the duties of quality and safety supervision and inspection of construction projects:

(a) to enter the inspected unit and the construction site for inspection;

(two) require the inspected units to provide information about the quality and safety of construction projects;

(three) to review the safe production conditions of special projects with greater risk;

(4) For test blocks, test pieces, materials, components (fittings), protective facilities and articles that affect the quality and safety of construction projects, a certain proportion of samples shall be taken and entrusted to relevant inspection and testing units for testing in accordance with relevant technical standards and regulations;

(five) require the inspected unit to provide the certificate of payment or use of the safe working environment, safety protection and civilized construction measures of the construction project;

(six) to order the inspected units to correct the acts that do not meet the requirements of laws and regulations and the quality and safety of construction projects, and to deal with them according to law;

(seven) ordered the inspected units to eliminate hidden dangers of accidents. If the safety cannot be guaranteed before or during the elimination of the hidden dangers of major safety accidents, the construction shall be ordered to stop temporarily or the workers shall be evacuated from the dangerous area;

(eight) other measures stipulated by laws and regulations.

Other administrative law enforcement departments responsible for the supervision and management of construction project quality and safety production shall cooperate with each other and carry out joint inspection when inspecting the construction site according to law; If it is really necessary to conduct a separate inspection, it shall notify the construction administrative department of the people's government at the same level or the administrative department of transportation and water conservancy.

When law enforcement personnel enter the construction site for inspection, they shall abide by the safety management regulations of the construction site.

Article 34 The construction administrative department of the people's government at or above the county level or the administrative department of transportation and water conservancy may entrust the construction project quality and safety production supervision institution (hereinafter referred to as the supervision institution) to specifically supervise the construction project quality and safety production.

Supervision institutions and their supervisors can supervise the quality and safety production of construction projects only after passing the examination. The assessment of supervision institutions and their supervisors shall be organized and implemented by the construction administrative department of the provincial people's government or the administrative department of transportation and water conservancy.

Article 35 If the construction administrative department of the people's government at or above the county level or the administrative department of transportation and water conservancy finds that the construction unit violates the provisions on quality and safety management of construction projects during the completion acceptance and delivery, it shall be ordered to make corrections, stop using, and re-organize the completion acceptance.

Thirty-sixth residential interior decoration, shall not arbitrarily change the main building, load-bearing structure or make major changes to the use function of the house.

The administrative department of urban real estate of the people's government at or above the county level shall supervise and manage the indoor decoration activities after the delivery of the house; Illegal decoration shall be dealt with according to law.

Property management units shall promptly discourage illegal decoration and report to the municipal real estate administrative department.

Owners and users of adjacent houses may report to their property management units or complain to the administrative departments of urban real estate about illegal decoration that affects their housing safety, or bring a lawsuit to the people's court according to law.

Article 37 When a quality and safety accident occurs in a construction project, the construction unit and the general contractor shall, in accordance with the relevant provisions of the state and the province, promptly report to the construction administrative department of the people's government at or above the county level or the administrative departments of transportation and water conservancy, and report to the safety production supervision and management department of the people's government at or above the county level.

Any unit or individual has the right to report the problems and illegal acts existing in the quality and safety production of construction projects.

After receiving the accident report, the relevant departments shall handle it according to the statutory authority and procedures; After receiving the report, organize the investigation in time.

Thirty-eighth people's governments at or above the county level shall, in accordance with the statutory authority, formulate emergency plans for major quality and safety accidents in construction projects and organize their implementation.

Chapter VII Legal Liability

Article 39 In violation of the provisions of the second paragraph of Article 4 of these regulations, employees of survey, design, project supervision, inspection and testing, construction and other units practice in two or more units at the same time, the administrative department of construction of the people's government at or above the county level or the administrative department of transportation and water conservancy shall order them to stop their illegal activities, confiscate their illegal income and impose a fine of more than two times but less than five times their illegal income; If the circumstances are serious, it may be ordered to stop practicing or revoke its qualification certificate; If losses are caused, it shall be liable for compensation according to law.

Fortieth in violation of the provisions of the first paragraph of Article 9 of these regulations, the construction project invested by the government is underwritten by the construction unit, and the contract is underwritten. If the circumstances are serious, the main person in charge of the construction unit and other directly responsible personnel shall be given administrative sanctions in accordance with the personnel management authority.

Article 41 If a construction unit, in violation of the provisions of the first paragraph of Article 10 of these regulations, obtains a construction permit by cheating, bribery or other improper means, the construction administrative department of the people's government at or above the county level or the administrative department of transportation and water conservancy shall revoke the construction permit according to the management authority.

After obtaining the construction permit according to law, the construction unit loses the conditions to ensure the quality of the construction project and safe production, and the administrative department of construction of the people's government at or above the county level or the administrative department of transportation and water conservancy shall order it to make rectification within a time limit.

Article 42 Inspection and testing units that violate the provisions of the first paragraph of Article 18 of these regulations and engage in inspection and testing activities of construction projects without obtaining the qualifications prescribed by the state shall be banned by the administrative department of construction of the provincial people's government or the administrative department of transportation and water conservancy, their illegal income shall be confiscated, and a fine of not less than one time but not more than two times their illegal income shall be imposed.

Article 43 Where an inspection and testing unit issues a false inspection and testing report in violation of the provisions of the first paragraph of Article 19 of these regulations, the construction administrative department of the people's government at or above the county level or the administrative department of transportation and water conservancy shall order it to suspend business for rectification and may also impose a fine of not less than 5,000 yuan but not more than 30,000 yuan; If the circumstances are serious, its qualification certificate shall be revoked. If the inspection and testing unit fails to report the unqualified inspection and testing to the relevant administrative departments in time, the construction administrative department of the people's government at or above the county level or the administrative department of transportation and water conservancy shall order it to make corrections.

Forty-fourth in violation of the provisions of the second paragraph of Article 34 of these regulations, the supervision institutions and their supervisors have not passed the examination or failed the examination, and the construction administrative department of the provincial people's government or the transportation and water conservancy administrative department shall order them to make corrections; Causing serious consequences, in accordance with the personnel management authority, the main person in charge of the responsible unit and the relevant responsible personnel shall be given administrative sanctions.

Article 45 If the staff of the department responsible for the supervision and administration of construction quality and production safety abuse their powers, neglect their duties or engage in malpractices for selfish ends, they shall be given administrative sanctions according to the personnel management authority; If a crime is constituted, criminal responsibility shall be investigated according to law.

Forty-sixth in violation of other provisions of this Ordinance, laws and other regulations have penalties, from its provisions.