Article 1 In order to strengthen the quality management of construction projects, ensure the quality of construction projects, and ensure the safety of people's lives and property, these Measures are formulated in accordance with the Construction Law of People's Republic of China (PRC) and the Regulations of the State Council on the Quality Management of Construction Projects, combined with the actual situation of this province.
Article 2 These Measures shall be observed in the activities related to the construction, expansion and reconstruction of construction projects within the administrative region of this province, as well as in the supervision and management of the quality of construction projects. Where laws and regulations provide otherwise, such provisions shall prevail.
The term "construction project" as mentioned in these Measures refers to civil engineering, construction engineering, installation engineering of lines, pipelines and equipment, and decoration engineering.
Article 3 Construction, survey, design, construction and supervision units shall be responsible for the quality of construction projects according to law.
Construction drawing design document review institutions and engineering quality inspection institutions are responsible for the authenticity and accuracy of the review conclusion, inspection or appraisal report respectively.
Fourth local people's governments at or above the county level shall be responsible for the supervision and management of the quality of construction projects within their respective administrative areas. Transportation, water conservancy and other relevant departments are responsible for the supervision and management of the quality of professional construction projects within their respective responsibilities.
Construction engineering quality supervision institutions affiliated to construction, transportation, water conservancy and other relevant departments are responsible for the specific implementation of construction engineering quality supervision and management.
Fifth engaged in construction activities, should strictly implement the laws and regulations on the quality of construction projects and construction standards and norms, to ensure the quality of construction projects.
People's governments at all levels and relevant departments shall not illegally interfere in construction engineering activities and construction engineering quality supervision and management activities.
Sixth to encourage the use of advanced science and technology and management methods, improve the quality of construction projects, and advocate the creation of high-quality projects, science and technology demonstration projects and customer satisfaction projects.
Chapter II Quality Responsibility of Construction Units
Article 7 The construction unit shall entrust the survey, design, construction, supervision and testing units with corresponding qualification levels to undertake engineering-related business according to law, and sign contracts according to law to clarify quality standards and quality responsibilities.
Article 8 A construction unit shall set up a project management organization or entrust a supervision unit to be responsible for the project quality management, establish a project quality management system, and clarify the quality responsibilities of relevant management personnel.
For a construction project subject to compulsory supervision according to law, the construction unit shall entrust the supervision unit to be responsible for the project supervision.
Ninth construction units shall not require the survey, design and construction units to violate laws, regulations and mandatory standards for engineering construction, reduce the quality of the project or shorten the reasonable time limit for survey, design and construction. For major and complicated construction projects, the construction unit shall sign a site service contract with the survey and design unit.
The construction unit shall not require the supervision unit to violate the laws, regulations and mandatory standards of engineering construction and lower the engineering quality standards of engineering supervision.
Tenth construction units shall, in accordance with the relevant provisions of the state, send the construction drawing design documents to the construction drawing design document review institution (hereinafter referred to as the construction drawing review institution) for review.
The construction unit can choose the construction drawing review institution independently, but the construction drawing review institution shall not have subordinate relationship or other interest relationship with the construction, survey and design unit of the project under review.
Construction drawings and design documents that have not passed the examination shall not be used.
Eleventh construction drawings and design documents that have passed the examination involve public interests, public safety or mandatory standards for engineering construction, and no unit or individual may modify them without authorization. If it is really necessary to modify it, it shall be modified by the original design unit or with the written consent of the original design unit, and the construction unit shall entrust other design units with corresponding qualifications to modify it, and it shall be examined and qualified by the original construction drawing review institution.
Twelfth construction units shall, before receiving the construction permit, provide relevant materials to the local construction project quality supervision institutions and go through the project quality supervision procedures. The construction project quality supervision institution shall issue a notice of project quality supervision within 5 days from the date of receiving the materials.
If the construction project cost is less than 654.38+10,000 yuan, the project quality supervision procedures shall not be handled.
The construction unit shall pay the construction project quality supervision fee in accordance with the provisions of the state when handling the project quality supervision procedures. Construction project quality supervision fees should be included in the financial budget management, earmarked for construction project quality supervision and management.
Thirteenth the construction unit shall, 7 days before the completion and acceptance of the construction project, report the completion and acceptance plan and acceptance date in writing to the local construction project quality supervision institution.
Included in the scope of urban construction archives, the construction unit shall, before the completion and acceptance of the organization, submit it to the urban construction archives management institution for pre-acceptance of the project archives. After the pre-acceptance, the urban construction archives management institution shall issue the acceptance documents of the project archives. After the construction unit obtains the approval document of the project file, it can organize the project completion acceptance.
At the time of acceptance, the construction project quality supervision institution shall be present for supervision, and if it is found that it violates the provisions on project quality management, it shall order the relevant responsible units to rectify or order the construction units to reorganize the completion acceptance.
Fourteenth planning, public security, fire protection, environmental protection and other departments related to the completion and acceptance of construction projects shall participate in the completion and acceptance organized by the construction unit. If a separate acceptance is really necessary, a written acceptance opinion shall be issued within 20 days from the date of receiving the application for completion acceptance of the construction unit.
After the completion and acceptance of the construction project, the units participating in the completion and acceptance shall sign the project completion and acceptance report in time. The completion acceptance report shall include: the general situation of the project, the acceptance opinions of the project, the signature of the acceptance unit, the acceptance opinions issued by the public security, fire protection and environmental protection departments, and the supervision opinions of the construction project quality supervision institutions on the acceptance.
Only after the construction project is completed and accepted can it be delivered for use.
Fifteenth after the completion of the construction project acceptance, the construction unit shall be buried in the appropriate parts of the project signs, indicating the name of the project and the name of the construction, survey, design, construction and supervision units, as well as the project start date, completion date and completion record number.
Article 16 The construction unit shall, within/0/5 days after the completion and acceptance of the construction project, report the completion and acceptance report of the construction project and other relevant materials to the construction project quality supervision institution for the record.
The construction unit shall, within 3 months from the date of completion and acceptance of the construction project, hand over the construction project files to the construction administrative department or the relevant departments such as transportation and water conservancy.
Seventeenth construction project completion acceptance found irreparable quality defects, the construction unit shall inform the project owner or manager at the time of delivery of the construction project, to obtain its acceptance and compensate for the losses. After the construction project is put into use, it is found that there are acts that violate the relevant state regulations on quality management of construction projects, which affect the use of the project or lead to potential safety hazards. The project owner or manager has the right to require the construction unit to repair, rework and rebuild free of charge within a reasonable period of time, and compensate for the losses.
Article 18 When a construction project is delivered for use, the construction unit shall issue a project instruction manual and a project quality guarantee to the project owner or manager, and provide a project completion acceptance report for their reference and reproduction.
Chapter III Quality Responsibility of Survey and Design Units and Construction Drawing Review Institutions
Nineteenth survey and design units shall conduct survey and design in accordance with the project approval documents, urban planning, mandatory standards for engineering construction and the depth requirements of construction engineering survey and design stipulated by the state, and be responsible for the quality of survey and design.
Twentieth survey and design documents shall meet the following requirements:
(a) in accordance with the provisions of relevant laws, regulations and rules;
(two) in line with the national and provincial technical standards, quality management regulations and contractual agreements on engineering survey and design;
(three) the geological, surveying and mapping and hydrological survey data provided are true and accurate;
(four) the depth of the design documents meets the requirements, and the construction drawing design documents are complete.
If the survey and design documents do not conform to the provisions of the preceding paragraph and need to be revised by the survey and design unit, the survey and design unit shall not charge the survey and design fees separately; If the project quality problems are caused, the survey and design unit shall bear corresponding responsibilities.
Twenty-first design units shall not choose building materials, building components and equipment prohibited by the state and the province in the design documents; Except for building materials, special equipment and process production lines with special requirements, no production or supply unit shall be designated.
Article 22 Before the construction project starts, the survey and design unit shall explain the survey and design intention to the construction unit and the supervision unit, explain the survey and design documents, be responsible for solving the technical problems related to the survey and design in the construction process, and participate in the acceptance at all stages in accordance with the relevant provisions of the state and the province.
Twenty-third construction drawing review institutions shall review the following contents in the construction drawing design documents according to law:
(a) whether it meets the mandatory standards for engineering construction;
(two) the safety of the foundation and the main structure;
(three) whether the survey and design units and their registered practitioners affix corresponding seals and signatures on the construction drawings as required;
(four) other contents that should be reviewed as stipulated by laws, regulations and rules.
Twenty-fourth construction drawing review institutions shall, after reviewing the construction drawing design documents within the time limit prescribed by the state, handle them in accordance with the following provisions:
(a) if the examination is qualified, a certificate of qualification shall be issued to the construction unit, and the examination shall be reported to the local construction administrative department or the transportation, water conservancy and other relevant departments for the record within 5 days after the issuance of the certificate of qualification.
(2) If the examination is unqualified, it shall explain the reasons in writing, and report to the construction administrative department or the relevant departments of transportation, water conservancy and other places where the project is located the violations of laws, regulations and mandatory standards for engineering construction by the construction units and survey and design units found during the examination.
If the review of construction drawing design documents is unqualified, the construction unit shall require the original survey and design unit to make amendments, and report the revised construction drawing design documents to the original construction drawing review institution for review.
Twenty-fifth construction drawing design documents that do not meet the laws, regulations and mandatory standards for engineering construction shall be examined and approved by the construction drawing review institution, and if losses are caused to the construction unit, it shall bear corresponding responsibilities according to law.
Chapter IV Quality Responsibility of Construction Units
Twenty-sixth construction units are responsible for the construction quality of construction projects. The construction unit shall, in accordance with the relevant provisions of the state, establish and improve the project quality management system and implement the project quality responsibility.
Twenty-seventh construction units shall carry out construction in accordance with the construction technical standards and the construction drawings and design documents that have passed the examination, and prepare the construction organization design or construction plan in accordance with the relevant provisions before construction.
The construction unit shall not modify the design documents without authorization and shall not cut corners.
Twenty-eighth construction units shall, in accordance with the relevant provisions of the state and the province, inspect the building materials, building components, equipment and building products.
The construction unit may entrust an engineering quality inspection institution with corresponding qualification grade to undertake the inspection work.
Witness sampling inspection of test blocks, test pieces and related materials related to structural safety shall be entrusted by the construction unit in accordance with relevant regulations.
Twenty-ninth construction units shall not use building materials, building components and equipment that fail to meet the engineering design requirements, construction technical standards and contract stipulations after inspection, and shall promptly notify the supervision unit and report to the construction engineering quality supervision institution.
The construction unit shall refuse to use the unqualified building materials, building components and equipment required by the construction unit.
Thirtieth construction units shall establish and improve the construction quality inspection system. Before the concealed works are concealed, the construction unit shall notify the construction unit and the supervision unit to be present for inspection and acceptance, and report to the construction project quality supervision institution.
The construction unit or other relevant units shall refuse to violate the mandatory standards of engineering construction and reduce the requirements of engineering quality.
Thirty-first construction projects in the construction of quality problems, the construction unit shall be responsible for the repair, repair costs and losses caused by the responsible party. If the parties have objections, they may apply to the construction project quality supervision institution for organization appraisal or bring a lawsuit to the people's court according to law.
When a quality accident occurs in a construction project, the construction unit shall immediately take measures to prevent the loss from expanding, and report to the local construction administrative department or the relevant departments such as transportation and water conservancy in accordance with the procedures and time limit prescribed by the state and province.
Thirty-second the completion of a construction project shall meet the completion conditions stipulated by the state and the province, and meet the requirements of engineering design documents and contracts.
After the completion of the construction project, the construction unit shall submit the completion report and complete construction technical data to the construction unit, and issue the quality warranty and instruction manual to the construction unit.
Chapter V Quality Responsibility of Supervision Units
Thirty-third supervision units shall, in accordance with laws, regulations and relevant standards, design documents that have passed the examination, construction project contracting contracts and supervision contracts, supervise the quality of the project and assume supervision responsibilities for the quality of the project.
Thirty-fourth supervision units shall set up engineering supervision institutions, send chief supervision engineers and qualified supervision engineers to the construction site, and supervise the construction projects according to the requirements of engineering supervision specifications. Supervision should be carried out on important engineering parts, important processes and concealed works such as the foundation and main structure of construction projects.
Thirty-fifth project supervision personnel have objections to the quality of building materials, building components and equipment used in the project, and have the right to conduct spot checks. Construction units that use building materials, building components and equipment in violation of regulations shall be stopped; Stop invalid, it shall immediately notify the construction unit, and report to the construction quality supervision institutions.
If the construction unit fails to construct in accordance with the construction drawing design documents that have passed the examination or violates laws, regulations, mandatory standards for engineering construction and contract stipulations, the engineering supervision personnel shall stop it; Stop invalid, it shall immediately notify the construction unit, and report to the construction quality supervision institutions.
Thirty-sixth of the construction unit in violation of relevant laws, regulations and mandatory standards for engineering construction requirements, supervision units should refuse to implement. If the construction unit directly puts forward the above requirements to the construction unit, the supervision unit shall report to the construction project quality supervision institution in a timely manner.
Thirty-seventh supervision units shall timely accept the project and issue a true and complete supervision report.
After the completion of the construction project, the supervision unit shall truthfully issue the project quality evaluation report.
Chapter VI Quality Responsibility of Engineering Quality Testing Institutions
Thirty-eighth engineering quality testing institutions (hereinafter referred to as testing institutions) shall have corresponding qualifications and engage in engineering quality testing activities according to law.
It is forbidden for testing institutions to undertake engineering quality testing business in the name of other testing institutions. It is forbidden for testing institutions to allow other units or individuals to undertake engineering quality testing business in the name of their own units.
Testing institutions shall not transfer the engineering quality testing business.
Thirty-ninth inspection agencies in accordance with the relevant provisions of the Commission, in accordance with laws, regulations and relevant standards to test or identify the quality of the project.
The samples commissioned by the testing organization shall be sampled in accordance with the provisions under the witness of the entrusting party and the parties concerned.
Fortieth inspection institutions in the process of inspection or appraisal, found that the inspection or appraisal results related to structural safety are unqualified, it shall promptly report to the construction project quality supervision institutions.
Forty-first testing institutions shall, after completing the testing or appraisal work, issue a testing or appraisal report in a timely manner in accordance with the relevant provisions of the state.
Testing institutions shall not forge testing or appraisal data, and shall not issue false testing or appraisal reports.
Forty-second testing institutions should establish and improve the file management system. Inspection or appraisal contracts, original records, inspection or appraisal reports, etc. Should be in accordance with the annual unified number, shall not be altered or withdrawn.
The testing institution shall establish a separate ledger for the unqualified items in the testing or appraisal results, and report to the construction engineering quality supervision institution regularly.
Chapter VII Quality Warranty and Safety Appraisal of Construction Projects
Forty-third construction projects to implement the quality warranty system. The warranty period of the project shall be determined in accordance with the provisions of laws and regulations. If there are no provisions in laws and regulations, it shall be agreed by the construction unit and the construction unit, but the minimum period shall not be less than 2 years.
The warranty period of the construction project shall be calculated from the date when the project is completed and accepted.
Forty-fourth construction units and construction units shall bear the warranty responsibility for the owners or managers of construction projects according to law. The construction unit and the construction unit may, in accordance with the provisions, take the form of construction project quality deposit, project quality insurance or sign a warranty contract with other construction units where the project is located to undertake the warranty responsibility.
If the quality defects of the construction project are caused by investigation, design and construction during the warranty period, the construction unit shall be responsible for the warranty, and the expenses shall be borne by the responsible party; If the supervision unit, construction drawing review organization and testing organization are at fault, they shall be jointly and severally liable according to law.
If the construction project is damaged due to force majeure such as earthquake and flood exceeding the design standard or improper use, it does not belong to the quality warranty scope.
Forty-fifth construction projects in the warranty scope and warranty period, the project owner or manager shall promptly notify the construction unit or its entrusted warranty unit (hereinafter referred to as the warranty unit). The warranty unit shall, within 3 days from the date of receiving the notice, arrive at the site to check, put forward a maintenance plan, and carry out maintenance after the consent of the project owner or manager; For quality defects that have potential safety hazards or seriously affect the use function, the warranty unit shall immediately arrive at the scene for emergency maintenance after receiving the warranty notice. If the owner or manager of the project has any objection to the maintenance plan, the warranty unit shall obtain the consent of the original design unit of the project or the quality supervision institution of the construction project before carrying out maintenance.
If the warranty unit fails to complete the maintenance within three months from the date of receiving the notice or the same quality defect still affects the use after three times of maintenance, the project owner or manager may make its own maintenance after reporting to the construction project quality supervision institution for approval, and the maintenance cost shall be borne by the responsible unit.
If the maintenance of a construction project causes losses to the project owner or manager within the warranty scope and warranty period, the responsible unit shall bear the corresponding liability for compensation.
Forty-sixth disputes arising from the quality warranty responsibility of construction projects, the parties may apply to the construction project quality supervision institutions for organizational appraisal or bring a lawsuit to the people's court according to law.
Forty-seventh construction projects in the use of any of the following circumstances, the project owner or manager shall entrust a testing agency for safety appraisal:
(a) fire, explosion, natural disasters, etc. affect the safety of the project;
(two) the house changes its function and is used as a place for public activities;
(three) due to the renovation of the main structure or a significant increase in housing load, resulting in damage to housing safety;
(four) the structure of the construction project is seriously damaged or the load-bearing components are dangerous components, which may lose the stability and bearing capacity of the structure and cannot ensure the safety of use;
(five) the construction project involving safety or a part of it exceeds the reasonable service life specified in the design.
If the project owner or manager refuses to conduct safety appraisal in violation of the provisions of the preceding paragraph, which may affect the safety of others or the public, the construction administrative department or the relevant departments such as transportation and water conservancy shall entrust a testing institution to conduct appraisal, and the appraisal fee shall be borne by the project owner or manager.
For construction projects with serious security risks, before the appraisal conclusion is made, the construction administrative department or the relevant departments such as transportation and water conservancy shall order the project owner or manager to take necessary protective measures.
Forty-eighth construction projects do not meet the standards for safe use, construction administrative departments or transportation, water conservancy and other relevant departments shall make a decision to observe the use, treatment and use, stop using, and dismantle all projects.
Forty-ninth have objections to the quality of the construction project, or have objections to the inspection or appraisal report issued by the inspection agency, the parties may entrust the inspection agency authorized by the construction administrative department of the provincial people's government for inspection or appraisal; If there are still objections to the test or appraisal report, you may apply to the local municipal construction engineering quality supervision institution or provincial construction engineering quality supervision institution for organization appraisal or bring a lawsuit to the people's court according to law.
Chapter VIII Supervision and Administration
Fiftieth local people's governments at or above the county level shall strengthen supervision and management of the quality of construction projects according to their respective functions and duties.
Construction project quality supervision institutions shall perform their duties of project quality supervision and management according to law.
Article 51 The construction administrative department of the local people's government at or above the county level and the relevant departments of transportation and water conservancy shall strengthen the guidance and supervision of the construction project quality supervision institutions in the implementation of construction project quality supervision and management.
The staff of the construction engineering quality supervision institution shall accept the training and assessment of the construction engineering quality supervision business, and shall not engage in the construction engineering quality supervision and management if the assessment is unqualified.
Fifty-second local people's governments at or above the county level construction administrative departments and transportation, water conservancy and other relevant departments. A record and inquiry system for illegal acts of construction engineering quality shall be established to record illegal acts of construction engineering quality and the treatment results, and provide inquiry services to the society.
Article 53 The construction administrative department of the local people's government at or above the county level and the relevant departments of transportation and water conservancy shall establish a reporting system, publicly report the telephone number, mailing address or e-mail address, and accept reports on the quality problems of construction projects.
Any unit or individual has the right to report quality accidents, quality defects and quality violations of construction projects to the construction administrative department of the local people's government at or above the county level or the relevant departments of transportation and water conservancy, and the relevant departments shall promptly accept them and deal with them according to law within 30 days.
Chapter IX Legal Liability
Fifty-fourth in violation of the provisions of these measures, the construction drawing review agency has one of the following acts, shall be ordered to make corrections within a time limit and impose a fine of 5000 yuan and 30 thousand yuan:
(a) not according to the provisions of the content of the review;
(2) Failing to report the illegal acts found in the inspection as required.
Fifty-fifth in violation of the provisions of these measures, supervision units have one of the following acts, shall be ordered to make corrections within a time limit, a fine of 5000 yuan and 30 thousand yuan:
(a) the construction unit fails to carry out the construction in accordance with the construction drawing design documents that have passed the examination, or fails to stop or report in violation of laws, regulations, mandatory standards for engineering construction and the contract;
(two) the construction unit violates the requirements of relevant laws, regulations and mandatory standards for engineering construction and does not refuse to implement them;
(3) Failing to carry out the project inspection and acceptance in time according to the provisions.
Fifty-sixth in violation of the provisions of these measures, the testing institutions in any of the following circumstances, shall be ordered to make corrections, a fine of 5000 yuan and 30 thousand yuan:
(a) without obtaining the corresponding qualification to undertake the engineering quality inspection business;
(two) to undertake engineering quality testing business in the name of other testing institutions;
(three) allow other units or individuals to undertake engineering quality inspection business in the name of their own units;
(four) the transfer of engineering quality inspection business;
(five) failing to carry out engineering quality inspection or appraisal in accordance with laws, regulations and relevant standards;
(six) failing to report the unqualified items in the testing or appraisal according to the provisions;
(7) Forging test or appraisal data and issuing false test or appraisal reports;
(eight) the file management is chaotic, resulting in the detection data can not be traced back.
Article 57 Where a unit is fined in accordance with the provisions of Articles 54, 55 and 56 of these Measures, the directly responsible person in charge and other directly responsible personnel of the unit shall be fined more than 5% 10% of the unit fine.
Article 58 The administrative punishment prescribed in these Measures shall be decided by the construction administrative department of the local people's government at or above the county level or the relevant departments of transportation and water conservancy in accordance with their statutory functions and powers.
Article 59 The staff of local people's governments at or above the county level, relevant departments of construction, transportation, water conservancy and construction engineering quality supervision institutions shall be given administrative sanctions according to law if they commit any of the following acts in the supervision and management of construction engineering quality; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) illegal intervention in construction activities and construction project quality supervision and management activities;
(two) in the process of completion and acceptance of the construction project, it is found that there is a violation of the provisions of the project quality management, and the relevant responsible units are not ordered to rectify or the construction units are not ordered to reorganize the completion and acceptance;
(3) Failing to take corresponding measures in accordance with the provisions of these Measures for construction projects with serious security risks;
(four) the complaints and reports about the quality of construction projects are not accepted in time and dealt with according to law;
(5) Soliciting or accepting bribes;
(six) other dereliction of duty, abuse of power, corruption.
Chapter X Supplementary Provisions