(1August 995 19 Adopted at the 21st Meeting of the Standing Committee of the Eighth People's Congress of Zhejiang Province. According to the 30th meeting of the Standing Committee of the Ninth People's Congress of Zhejiang Province (200 165438), it was revised for the first time. The 14th meeting of the Standing Committee of the 11th People's Congress of Zhejiang Province "Decision on Amending the Regulations on Quality Management of Construction Projects in Zhejiang Province" is the second amendment)
Chapter I General Provisions
The first purpose
In order to strengthen the quality management of construction projects, clarify the quality responsibility of construction projects, and protect the legitimate rights and interests of all parties and users of construction projects, these Regulations are formulated in accordance with relevant national laws and regulations and combined with the actual situation of this province.
Article 2 Scope of application
Units and individuals engaged in construction projects (including civil engineering, pipelines, equipment installation projects and architectural decoration projects) within the administrative region of this province must abide by these regulations.
Article 3 Definition
The term "construction project quality" as mentioned in these Regulations refers to the comprehensive requirements that the construction project meets the national and provincial laws, regulations, technical standards, specifications, procedures, design documents and contracts for the safety, durability, applicability, economy and aesthetics of the project.
Article 4 Supervision and management departments
The administrative department of construction of the people's governments at or above the county level (or the administrative department of construction, the same below) is the competent department of quality supervision and management of construction projects within their respective administrative areas.
Transportation, water conservancy, electric power and other departments shall be responsible for the quality supervision and management of professional construction projects in accordance with the provisions of the state and these regulations.
The provincial administrative department of planned economy shall supervise and inspect the quality of national and provincial key construction projects, and may deal with quality problems jointly with relevant departments.
Article 5 Enterprise quality assurance system
Construction project survey and design, construction contractors and construction supervision institutions shall establish an effective enterprise quality assurance system, implement the quality responsibility system, and ensure the quality of construction projects.
Chapter II Quality Responsibility of Construction Projects
Section 1 Owner's Quality Responsibility
Article 6 Outsourcing
The owner shall, in accordance with the relevant provisions, contract out the construction project to the survey, design and construction contractors whose qualifications meet the engineering requirements.
The owner shall implement the general contract for the unit project, and shall not dismember the contract.
Article 7 Quality management personnel
In accordance with the provisions, the supervision should be entrusted or the owner voluntarily entrusts the supervision of the construction project, and the owner should entrust a construction supervision institution that is suitable for the engineering requirements to supervise.
For the project that is not supervised according to the regulations, the owner should be equipped with project quality management personnel, and the number and qualification of project quality management personnel should adapt to the requirements of project quality management.
Article 8 Quality supervision procedures
The owner shall go through the project quality supervision procedures with the construction project quality supervision institution where the project is located before construction.
Article 9 Supply of building materials, equipment and components
General owners do not provide building materials, equipment and components. If it is really necessary for the owner to provide it, it should be agreed with the construction contractor in advance in the contract.
The building materials, equipment and components provided by the owner must meet the requirements of the design documents and the varieties, specifications, quantity and quality agreed in the contract, and have the product certificate. If it does not meet the requirements, the contractor has the right to refuse to accept it.
The owner shall not force the construction contractor to provide building materials, equipment and components, nor shall he require the construction contractor to purchase building materials, equipment and components from its designated suppliers.
Article 10 Organize the joint review and disclosure of design documents.
The owner shall participate in the joint review of preliminary design documents as required, and organize survey and design contractors and construction contractors to make disclosure of construction drawings in time.
Article 11 Completion acceptance and filing
For the completed construction project, the owner shall organize survey, design, construction, supervision and other units to carry out the completion acceptance according to the project completion acceptance conditions stipulated by the state and the province.
Without the completion acceptance or unqualified acceptance of the project, shall not be put into use without authorization.
The owner shall, within fifteen days from the date when the project is completed and accepted, report the project completion acceptance report to the construction administrative department or other relevant departments for the record. The filing document of project completion acceptance is one of the bases for housing property right registration or project handover.
Article 12 Construction period
The owner shall reasonably determine the survey and design period and construction period according to the relevant national and provincial regulations and the technical capabilities of the survey and design contractors and construction contractors; If it is really necessary to shorten the construction period after the signing of the contract, it shall be approved by the contractor and shall not affect the quality of the construction project.
Thirteenth construction project price
The owner shall reasonably determine the construction project price in the contract with the contractor according to the national and provincial regulations on project price management.
The owner shall encourage and support the construction contractor to build excellent projects and reward the excellent projects.
Section 2 Quality Responsibility of Survey and Design Contractors
Article 14 Survey and design cycle
The survey and design contractor shall conduct survey and design in accordance with the survey and design cycle determined in the contract, and shall not delay the submission of survey and design documents without authorization.
Fifteenth survey and design documents
Survey and design should actively adopt new technologies, new materials, new structures and new processes promoted by the state. Survey and design documents must meet the following basic requirements:
(a) in accordance with the relevant laws, regulations and technical standards, norms, procedures and the provisions of the contract;
(2) The contents of the investigation documents shall be accurate, reliable and reasonable;
(three) the design documents must be based on the survey documents, meet the technical requirements of the corresponding design stage, and the construction drawings are complete, clearly marked and explained;
(4) The specification, model, performance, color and other technical indicators and quality requirements of building materials, equipment and components selected in the design documents shall be indicated. Except for building materials, special equipment and process production lines with special requirements, suppliers shall not be designated.
Article 16 Survey and design documents
The survey and design contractor is responsible for the technical disclosure of construction drawings to the owner and the construction contractor, providing on-site services as required, dealing with relevant problems in construction in time, and participating in quality acceptance at relevant stages.
The design contractor shall send design representatives to the construction site for the construction project adopting new technologies, new materials, new structures and new technologies.
Section 3 Quality Responsibility of Construction Contractor
Article 17 Construction organization design
The construction contractor shall prepare the construction organization design before the construction, and specify the specific measures to ensure the quality. Construction organization design should meet the requirements of design documents.
The construction organization design shall be copied to the owner. The reasonable opinions put forward by the owner on the construction organization design shall be adopted by the construction contractor.
Article 18 Construction personnel
The construction contractor shall determine the project leader and main professional and technical personnel who meet the engineering requirements before construction, and notify the owner.
The person in charge of the project should have the conditions and qualifications stipulated by the state.
Operators of special types of work should hold relevant certificates.
Article 19 Procurement and Inspection of Building Materials and Equipment Parts
The construction materials, equipment and components purchased by the construction contractor must meet the requirements of design documents and product quality standards.
Construction contractors shall inspect the building materials, equipment and components they use, and products that have not been inspected or failed to pass the inspection shall not be used.
If the supervisor disagrees with the inspection results of the construction contractor, he has the right to request re-inspection and inspection, and the construction contractor shall provide relevant materials, venues and other assistance.
Article 20 Site construction
The construction contractor shall carry out the construction in strict accordance with the requirements of design documents and relevant technical standards, codes and regulations. If it is really necessary to modify the design documents during construction, it shall be signed by the owner and approved by the design contractor.
In the construction project under supervision, the construction contractor shall obey the instructions issued by the supervision unit according to its functions and powers.
Article 21 Quality accidents
In case of quality accidents during construction, the construction contractor shall report to the owner, local engineering quality supervision institutions and relevant departments in accordance with regulations, accept investigation and handling, and take measures to prevent the accidents from expanding.
Article 22 Repair
If there are quality problems in the construction of construction projects or the completion acceptance is unqualified, the construction contractor shall repair them.
Construction projects that cannot be repaired or cannot be used safely after repair shall be demolished or rebuilt.
Twenty-third engineering technical archives
The construction contractor shall establish engineering technical files to record the quality and technical control in the construction process in a timely, accurate and complete manner.
When the construction project is completed, the construction contractor shall submit a complete engineering technical file to the owner as one of the basis for the project completion acceptance.
Article 24 General Contractors and Subcontractors
The general contracting responsibility system shall be implemented in engineering construction. For the project that needs subcontracting, the general contractor shall subcontract the construction project to the unit whose qualification meets the engineering requirements in accordance with the regulations; However, except the subcontracting agreed in the general contract, it must be approved by the owner.
The general contractor shall be fully responsible for the project quality of the owner, and the subcontractors shall be responsible for the project quality subcontracted to the general contractor. The general contractor and the subcontractor shall be jointly and severally liable to the owner for the quality of the subcontracted project.
After the construction project is subcontracted to other units, the general contractor shall conduct comprehensive and effective quality management of the subcontracted project.
Section 4 Quality Responsibility of Construction Supervision Institutions
Twenty-fifth construction supervision institutions
Construction supervision institutions shall undertake supervision business in accordance with the approved qualification grade, establish a responsibility system for supervision quality, and accept the supervision of construction project quality supervision institutions.
Article 26 the supervision plan
Engineering supervision institutions should prepare specific supervision plans on engineering quality control procedures and methods and acceptance methods. , and notify the contractor before submitting it to the owner and the supervisor.
Article 27 Supervision
The construction supervision institution shall, according to the supervision business undertaken, set up the project chief supervision engineer to be fully responsible for the supervision work, and assign supervisors who meet the engineering requirements to conduct on-site supervision.
Supervisors shall supervise the project quality according to the provisions of relevant laws, regulations, technical standards, specifications, procedures and design documents, timely sort out supervision data, and put forward supervision conclusions in stages.
On-site supervision should be carried out for important engineering parts and concealed works.
Chapter III Engineering Warranty and Quality Complaints
Article 28 Warranty system
The warranty system shall be implemented for construction projects.
Before the construction project is delivered for use, the construction contractor shall sign a warranty contract or warranty certificate with the owner as required.
Article 29 Warranty Period
The warranty period of the construction project shall be calculated from the date of completion and acceptance, and the specific warranty period shall be handled in accordance with the relevant provisions of the state and province; Where there are no provisions in the state and province, the owner and the construction contractor shall stipulate in the warranty contract or warranty certificate.
Article 30 Warranty liability
The construction contractor shall be responsible for the maintenance of the construction project that has passed the completion acceptance and has quality problems during the warranty period. Due to survey and design, construction, supervision, building materials, equipment, components and other reasons, the cost required shall be borne by the responsible party in accordance with relevant regulations.
Construction quality problems caused by force majeure and improper use by owners and users are not covered by the warranty.
Article 31 Maintenance
In case of quality problems in the construction project during the warranty period, the owner shall notify the construction contractor in writing, and the construction contractor shall arrive at the site within 15 days after receiving the notice. In case of emergency, the construction contractor shall immediately arrive at the site to determine the maintenance contents with the owner. If the construction contractor delays without reason, the owner has the right to repair it by himself, and the required expenses shall be borne by the construction contractor. After paying the fees, the construction contractor may claim compensation from the responsible party for those who are not the responsibility of the construction contractor.
Article 32 Quality complaints
Owners and users of construction projects have the right to complain about the quality defects of construction projects to the engineering quality supervision and management departments or relevant social supervision institutions, and the units that receive complaints shall promptly investigate and deal with them.
Chapter IV Quality Supervision and Management
Thirty-third supervision and management of the competent department
Construction administrative departments at all levels shall strengthen the supervision and management of the quality of construction projects, urge owners, survey and design, construction contractors and construction supervision institutions to establish a quality responsibility system, and promptly investigate and deal with the quality problems of construction projects.
Construction administrative departments at all levels should strengthen supervision over the supply of building materials, equipment and building components. It is forbidden for any organ, public enterprise or other unit with exclusive status according to law to restrict others from purchasing building materials, equipment and building components of its designated operators.
Article 34 Supervision and inspection of mandatory standards
Construction administrative departments at all levels and other relevant departments shall strengthen supervision and inspection of the implementation of mandatory standards for engineering construction.
Thirty-fifth quality supervision institutions
The specific work of construction project quality supervision can be undertaken by the construction project quality supervision institution entrusted by the construction administrative department.
The quality supervision of transportation, water conservancy, electric power and other professional projects can be undertaken by the provincial construction engineering quality supervision institutions of transportation, water conservancy, electric power and other departments.
Construction administrative departments at all levels and provincial departments of transportation, water conservancy and electric power shall supervise, guide and manage the work of construction engineering quality supervision institutions.
Article 36 Quality supervision and inspection
Construction engineering quality supervision institutions shall establish and improve the quality supervision and inspection mechanism, and adopt fixed-point spot checks and random spot checks in accordance with laws, regulations and engineering technical standards. , supervise and inspect the quality of buildings and their components and ready-mixed concrete.
Construction engineering quality supervision institutions shall supervise and inspect the quality of engineering construction activities such as survey, design, construction, supervision and testing and the enterprise quality assurance system according to law.
Chapter V Legal Liability
Article 37 Punishment
In violation of the provisions of this Ordinance, laws and administrative regulations such as the "Building Law of People's Republic of China (PRC) * * and People's Republic of China (PRC)" have penalties, which shall be implemented in accordance with the provisions of the "Building Law of People's Republic of China (PRC) * * and People's Republic of China (PRC)" and other laws and administrative regulations.
Article 38 Administrative sanctions and criminal responsibility
Owners, contractors, staff of construction supervision institutions and quality supervision and management personnel of construction projects who neglect their duties, engage in malpractices for selfish ends, abuse their powers and accept bribes in construction activities, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be given administrative sanctions by the unit to which it belongs or the competent department at a higher level.
Thirty-ninth penalties for purchase restrictions
Organs, public enterprises or other units with exclusive status according to law, which restrict others from purchasing building materials, equipment and components of their designated operators, shall be punished in accordance with the relevant provisions of the Anti-Unfair Competition Law.
Article 40 Handling of quality accidents
Construction engineering quality accidents shall be handled according to the relevant national and provincial procedures, and administrative sanctions shall be given to the relevant responsible personnel according to the management authority; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 41 Liability for compensation
If the owner or the survey, design, construction and supervision cause unqualified building materials, equipment and building components to cause quality problems of the construction project and cause personal and property damage to others, he shall bear corresponding liability for compensation in accordance with the contract and relevant national and provincial regulations.
Chapter VI Supplementary Provisions
Article 42 comes into force.
These Regulations shall come into force as of the date of promulgation.
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