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Regulations of Shaanxi Province on the Administration of Construction Project Quality and Production Safety
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时间：2018-08-12 21:16
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(Adopted at the 24th meeting of the Standing Committee of the Eighth People's Congress of Shaanxi Province on December 26, 1996, amended at the 12th meeting of the Standing Committee of the Tenth People's Congress of Shaanxi Province on August 3, 2004, the eleventh meeting of the Standing Committee of the Eleventh People's Congress of Shaanxi Province on November 26, 2009, the Quality Management of Construction projects in Shaanxi ProvinceAmendments to the Ordinance)
Standing Committee of the Shaanxi Provincial People's Congress
公告
Twenty-second
The Regulations on Quality Management of Construction Projects of Shaanxi Province were revised at the 11th meeting of the Standing Committee of the 11th People's Congress of Shaanxi Province on November 26, 2009，Now the revised "Shaanxi Province Construction project quality and safety production management Regulations" will be published，Effective from March 1, 2010。
Standing Committee of the Shaanxi Provincial People's Congress
November 26, 2009
目 录
Chapter I General rules
Chapter II Responsibility of the construction unit for quality and production safety
Chapter III Responsibility for quality and production safety of inspection units of survey, design and construction drawing
Chapter IV Quality and safety of construction units and production and sales units of building materials and equipment
Production responsibility
The fifth chapter is the responsibility of engineering supervision and engineering quality testing units for quality and production safety
Chapter VI construction project quality warranty
Chapter VII Supervision and administration
Chapter VIII Legal liability
Chapter IX Supplementary Provisions
Chapter I General provisions
Article 1 In order to ensure the quality of construction projects，We will strengthen supervision and management of work safety in construction projects，To protect people's lives and property，In accordance with the Construction Law of the People's Republic of China, the Regulations on the Quality Control of Construction Projects and the Regulations on the Safety Management of Construction Projects of The State Council and other laws and administrative regulations，Combine with the reality of the province，Enactment of these Regulations。
Article 2 In the administrative areas of this province, the construction, expansion, reconstruction and demolition of construction projects and other related activities, as well as the supervision and administration of the quality and safety of construction projects, shall abide by these Regulations。
Article 3 People's governments at all levels shall strengthen leadership over the quality of construction projects and work safety, coordinate timely solutions to major problems in the supervision and administration of construction project quality and work safety, and support and urge relevant departments and units to perform their duties according to law。
Article 4 The construction administrative departments of the people's governments at or above the county level shall exercise supervision and administration over the quality and production safety of construction projects within their administrative areas, and their subordinate supervision agencies over the quality and safety of construction projects shall be responsible for specific supervision and administration。
Transportation, water conservancy and other relevant 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 administration of the quality and production safety of relevant professional construction projects。
The work safety supervision and administration departments of the people's governments at or above the county level shall, according to law, conduct comprehensive supervision and administration of work safety in construction projects。
Article 5 Those engaged in construction projects shall strictly follow the procedures for capital construction and adhere to the principle of first survey, then design and then construction。
The people's government at or above the county level, its relevant departments and the management committee of the development zone shall not approve construction projects beyond their authority or simplify the procedures for capital construction without authorization。
Article 6 Construction, survey, design, construction, project supervision, review of construction drawings, project quality testing and other units related to the quality of construction projects and production safety shall establish and improve the management system of construction project quality and production safety, and be responsible for construction project quality and production safety according to law。
Article 7 Survey, design, construction, project supervision, construction drawing review, project quality testing and other units and their employees shall obtain the corresponding qualification certificates and qualification certificates according to law, and engage in the corresponding business activities within the scope permitted by their qualifications and qualifications。
Article 8 Encourage the popularization and application of scientific management methods and new materials, new processes, new equipment and new technologies that meet the requirements for safety, environmental protection and energy conservation of construction projects。
Article 9 Any unit or individual shall have the right to report to the competent department of construction administration or the supervision institution for quality and safety of construction projects any act that violates the administration of quality and safety of construction projects。
Article 10 People's governments at or above the county level and relevant administrative departments shall establish an incentive mechanism for 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 Responsibility of the construction unit for quality and production safety
Article 11 In the contract signed between the construction unit and the survey, design, construction, supervision, testing and other units, the responsibility for project quality and production safety shall be clearly stipulated。
Article 12 A construction unit shall, according to the characteristics and technical requirements of a construction project, organize investigation, design, construction and supervision to disclose the design information and review the drawings jointly with the parties concerned。
Article 13 The construction unit shall, in strict accordance with the provisions of the State on archives management, collect and sort out the design drawings and documents of each link of the construction project in a timely manner, and establish and improve the archives of the construction project。
Article 14 The construction unit shall include the cost of safe and civilized construction measures in the cost of the project, and pay the construction unit in full at one time before commencement。
Article 15 Construction project quality and safety supervision institutions shall exercise supervision over construction project quality and production safety。For a construction project with an investment of more than 300,000 yuan or a construction area of more than 300 square meters, the construction unit shall, before receiving the construction permit or commencement report, go through the procedures for the quality and safety supervision of the construction project to the construction project quality and safety supervision institution, and submit the following materials:
(1) The general plan of the construction plan approved by the planning department;
(2) construction drawing examination certificate;
(3) Data to ensure the quality of construction projects and construction safety measures;
(4) Contracts signed with survey, design, construction, supervision and other units;
(5) Qualification certificates of survey, design, construction, supervision and other units;
(6) the notice of winning the bid and the safety production license of the construction unit, the registered construction engineer certificate of the project manager and the safety production assessment certificate;
(7) the registered supervision engineer certificate of the project chief supervision engineer of the supervision unit;
(8) Other information provided by the state and the province。
The quality and safety supervision institution for construction projects shall complete the procedures for quality and safety supervision of construction projects within 20 days from the date of receiving the materials conforming to the provisions of the preceding paragraph。
Article 16 A construction unit shall entrust a project quality testing unit with corresponding qualifications to carry out construction project quality testing, and sign a written contract。
Article 17 Where a construction unit provides building materials, building components, accessories and equipment in accordance with the contract, the construction unit shall ensure that the building materials, building components, accessories and equipment comply with the technical standards, design documents and contract requirements, and bear the corresponding quality responsibility according to law。
The construction unit shall not express or imply that the construction unit uses unqualified building materials, building components and equipment。
Article 18 A construction unit shall provide a construction site that meets the safety conditions, and coordinate to solve the problems affecting the construction safety of each construction unit and adjacent areas on the construction site。
Article 19 The acceptance of construction projects upon completion shall be organized by the construction unit。The construction unit shall, within 20 days from the date of receipt of the completion report of the construction project, organize the investigation, design, construction, project supervision and other units to conduct acceptance checks。
Only those with qualified construction experience may be put into use。
Article 20 After the completion of a construction project has passed the acceptance inspection, the construction unit shall, within 15 days, submit the completion acceptance record form, the completion acceptance report of the construction project, the project quality guarantee signed by the construction unit and other documents to the construction administrative department at or above the county level where the project is located for the record。The construction administrative department at or above the county level may entrust the construction project quality and safety supervision institution to specifically accept the case。
The completion acceptance report of the construction project shall include: the date of construction application，Construction permit number，Construction drawing design document review opinions，The quality qualification documents signed by the survey, design, construction, project supervision and other units and the original documents signed by the acceptance personnel，The relevant quality testing and functional testing data of municipal infrastructure and the relevant data that the filing authority deems necessary to provide。
The filing acceptance unit shall review the filing application and find that the construction unit has violated the relevant state regulations on the quality control of construction projects in the process of completion acceptance, and shall order the suspension of use and re-organize the completion acceptance within 15 days of receiving the completion acceptance filing documents。
Article 21 A residential project delivered by a construction unit shall provide a Project Instruction Manual and a Project Quality Guarantee Certificate。
The contents of the "Project Quality Guarantee Certificate" shall be formulated by the provincial construction administrative department。
Article 22 A construction unit may not contract the foundation division, the main structure division and the roofing division of a construction project to different construction units, and may not separate a testing business in a construction project to different testing units。
Chapter III Responsibility for quality and production safety of inspection units of survey, design and construction drawing
Article 23 The survey unit shall conduct the survey in accordance with laws, regulations and technical standards for engineering construction, and the survey results of geology, surveying and hydrology provided must be true and accurate, and meet the requirements of construction project quality and production safety。
Article 24 An investigation unit shall take effective safety precautions at the investigation site to ensure the safety of all types of pipelines, facilities and surrounding buildings and structures。
Article 25 Design units shall design in accordance with laws, regulations and technical standards for project construction, so as to prevent construction project quality and production safety accidents caused by unreasonable design。
The design documents shall meet the depth requirements stipulated by the State, and the drawings shall be matched with clear descriptions and complete contents。For construction projects with new structures, new materials and new techniques and construction projects with special structures, the designing unit shall put forward measures and suggestions to ensure the quality of the projects and safe production in the design。
Except for building materials, special equipment and process production lines with special requirements, the design unit shall not designate production plants or suppliers。
Article 26 The survey and design units shall do the following:
(1) Participate in the joint review of design drawings organized by the construction unit, and make disclosure of design documents;
(b) detailed description of the construction drawing design documents to the construction and supervision units, timely handling of technical problems related to the design;
(3) To participate in the acceptance of the foundation, the main structure of the construction project and its main hidden works and the quality of the completion of the project;
(4) Participate in the analysis of construction project quality and production safety accidents, and propose technical treatment plans。
Article 27 The examining unit of construction drawings shall, in accordance with the provisions of the State, examine the survey result documents and the design documents of construction drawings of housing construction projects and municipal infrastructure projects。If it passes the examination, it shall issue the examination certificate and return the full set of construction drawings sealed by the examination unit to the construction unit。
Where a construction drawing examination unit finds that the survey result documents and construction drawing design documents violate laws, regulations and technical standards for project construction, it shall return them to the construction unit and explain the reasons in writing。After the survey result documents and construction drawing design documents have been modified, they shall be re-submitted to the original examination unit for examination。
The construction drawing examination unit shall bear legal responsibility for the survey result documents and construction drawing design documents that pass the examination, and shall not issue a false certificate of examination。
No unit or individual shall modify without authorization the qualified construction drawing design documents。
Chapter IV Responsibility for quality and safety production of construction units and production and sales units of building materials and equipment
Article 28 The construction unit shall organize construction in accordance with the design documents and technical standards, be responsible for the construction quality and safety of the construction project, and perform the following obligations:
(1) Establish and improve the quality responsibility system, production safety responsibility system, major hazard supervision, production safety education and training systems;
(2) To determine the project leader, technical leader, professional foreman and project quality personnel, safety personnel, testers, surveyors, information personnel, material personnel and other construction management personnel;
(3) To establish a production safety management agency, with full-time production safety management personnel;
(d) strict process management and construction quality inspection, do a good job of quality and safety production related data collection;
(5) to formulate emergency plans for major accidents;
(6) The construction unit of the main structure shall observe the settlement of the construction project during the construction period;
(7) Other responsibilities prescribed by laws and regulations。
Article 29 The general contractor of a construction project shall be responsible for the quality and safe production of the contracted construction project;Where a general contractor subcontracts a specialized project to another unit, the subcontractor shall be responsible for the quality and safety of the subcontracted project in accordance with the contract。
Article 30 The person in charge of a project of a construction unit shall not undertake two or more construction projects at the same time, and shall not entrust others to perform their duties。The change of project leader shall be approved by the construction unit in writing。
Article 31 The person in charge of a project of a construction unit shall, before the construction of a construction project, make a detailed explanation of the technical requirements and major hazards related to the quality and safe construction of the project。
For major hazard sources of construction projects, the construction unit shall set up warning signs at corresponding locations。
Where the construction of a construction project may cause damage to adjacent buildings, structures and underground pipelines, etc., the construction unit shall take special protective measures。
Article 32 The construction unit shall use the cost of safe and civilized construction measures paid by the construction unit for the procurement and renewal of construction safety protective articles (tools) and facilities, the implementation of safety construction measures, and the improvement of safety production conditions, and shall not be diverted for other purposes。
Article 33 The construction unit shall provide the construction personnel with safe production protective equipment (equipment) and safe production and operating environment that meet the standards prescribed by the State, and express the operating procedures of dangerous positions and the hazards of illegal operations。
Construction personnel shall abide by the technical standards, rules and regulations and operating procedures of construction projects, and correctly use safety protective appliances, machinery and equipment。
Construction operators shall have the right to criticize, report and prosecute the construction quality and production safety problems, the right to refuse to violate the rules of command or force risky operations, in the event of an emergency endangering personal safety, the right to immediately stop operations or take necessary emergency measures to evacuate the dangerous area。
Article 34 The construction unit shall establish a sound education and training system, strengthen the professional skills and safety training of management personnel and operation personnel, and personnel who have not been educated and trained or have failed to pass the assessment shall not be allowed to take up post operations。
Article 35 The project leader, technical leader, material officer of the construction unit and the supervision engineer of the supervision unit shall conduct joint acceptance inspection of the main building materials, building components and equipment, and bear responsibility for the acceptance inspection of the building materials, building components and equipment。
The safety protection appliances, mechanical equipment, construction machinery and accessories purchased or leased by the construction unit shall have the production (manufacturing) license and product qualification certificate, and shall be inspected before entering the construction site。
It is prohibited to use building materials, building components and equipment that do not meet quality standards and design requirements in construction projects。
Article 36 The construction unit shall, in accordance with the requirements of the project design, the technical standards of construction and the contract agreement, inspect the building materials, building components, equipment and commercial concrete, and the inspection shall be recorded in writing and signed by special persons.Those that have not been inspected or have failed to pass the inspection shall not be used。
The construction personnel shall, under the supervision of the construction unit or the project supervision unit, take samples of the test blocks, test pieces and related materials related to the safety and use of the structure, and send them to the testing unit entrusted by the construction unit for testing。
Article 37 The construction unit shall strengthen the management of the construction site, take closed enclosure and other safety precautions, temporary buildings set up on the construction site shall meet the requirements for safe use, shall not be set up staff dormitories in buildings not yet completed, shall not allow irrelevant personnel to enter the construction site。
Article 38 The construction unit shall, in the construction organization design, work out safety technical measures and temporary electricity use plans on the construction site。The special construction plan shall be prepared for the sub-projects which have reached a certain scale and are more dangerous, and the safety checking results shall be attached. The plan shall be implemented after being signed by the technical person in charge of the construction unit and the chief supervision engineer。For more than a certain scale of dangerous sub-projects, experts should also be organized to demonstrate and review。
Article 39 The construction unit shall purchase accident insurance for the personnel who enter the construction site。In case of general contracting for construction, the general contracting unit shall pay the accident insurance premium。The term of accident insurance shall begin from the date of commencement of the construction project until the completion and acceptance of the construction project。
Article 40 The building materials, building components and equipment, commercial concrete and related production safety protective articles (devices) provided by the production and sales units shall meet the quality requirements of the relevant technical standards, and be responsible for the quality of the products produced and sold。
Article 41 When leasing construction equipment, machinery and working materials, the lessor shall provide the lessee with the corresponding production license, product qualification certificate and inspection certificate。
Article 42 The installation and dismantling of construction lifting machinery and the overall lifting of scaffolding, formwork and other jack-up erection facilities shall be prepared disassembly plans, formulate safety construction measures, and by professional and technical personnel on-site supervision。
After the installation of construction lifting machinery and overall lifting scaffolding, formwork and other jack-up erection facilities, the installation unit shall self-inspect, issue a self-inspection certificate, and make safe use instructions to the construction unit, go through the acceptance procedures and sign。
Article 43 Before the property right unit of construction lifting machinery is leased for the first time or installed for the first time, it shall go to the construction project quality and safety supervision institution at or above the county level where the unit is registered for industry and commerce。
The use unit of construction lifting machinery shall, within 30 days from the date of acceptance of construction lifting machinery installation, go through the use registration with the construction project quality and safety supervision institution at or above the county level in the place where the construction project is located。
It is prohibited to rent or use construction lifting machinery and equipment that has been eliminated by the State or has exceeded its service life。
The fifth chapter is the responsibility of engineering supervision and engineering quality testing units for quality and production safety
Article 44 Where a project supervision unit has subordinate relations or other interests with the construction unit or quality testing unit of the project under supervision, it shall not undertake the supervision business of the construction project。The project supervision unit shall not engage in the business activities of building materials, building components and equipment。
Article 45 The project supervision unit shall select the project chief supervision engineer and supervision engineer with corresponding qualifications to enter the construction site。The chief supervision engineer is responsible for the quality and safety supervision of the project。The change of the chief supervision engineer shall be approved by the construction unit。
The chief supervision engineer and the supervision engineer shall not assume the supervision of two or more construction projects at the same time, nor shall they entrust others to perform the supervision duties。
Article 46 The chief supervision engineer of a construction project shall, according to the actual situation of the supervision project, formulate a witness plan for sampling and submitting of building materials, building components and equipment, and organize the implementation。
Article 47 The project supervision unit shall examine whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for project construction。
In the process of supervision, the project supervision unit finds that there are quality problems or hidden dangers of safety accidents, shall require the construction unit to rectify;If the situation is serious, the construction unit shall be required to stop construction and report to the construction unit in a timely manner。
If the construction unit refuses to rectify or stop the construction, the project supervision unit shall promptly report to the construction project quality and safety supervision institution。
Article 48 The engineering quality testing unit shall check the samples and orders of construction materials, building components and equipment submitted for inspection, and record them in the testing report。
Before testing the project entity, the project quality testing unit shall, according to the technical standards and the actual project, formulate a testing plan for the entrusted testing content, and implement it under the full witness of the project supervision and construction unit。
Article 49 The engineering quality testing unit shall establish and improve the testing management control procedures and testing business information system, conduct testing in accordance with relevant technical standards, and the testing report issued shall be true and reliable, and be responsible for the testing conclusions。
Project quality testing units shall be found in the process of testing the construction units, supervision units, construction units in violation of the relevant laws, regulations and mandatory standards for project construction, as well as involving the structure safety test results unqualified situation, timely report to the construction project quality and safety supervision institutions in the location of the project。
Article 50 The project quality testing unit shall establish a file management system and serial number the project quality testing contract, order of authorization, original record and test report, and shall not be withdrawn or altered at will。
Article 51 A project quality testing unit may not set up branches, may not subcontract testing services, and may not forge data to issue false testing reports。
The project quality testing unit shall not have subordination relationship or other interest relationship with the relevant responsible unit of the project tested。
Chapter VI construction project quality warranty
Article 52 A quality warranty system shall be implemented for construction projects。When the construction unit submits the project completion report to the construction unit, it shall issue the quality guarantee of the construction project。The warranty shall clearly define the scope, period and liability of the warranty of the construction project。
Article 53 Under normal conditions of use, the minimum warranty period of a construction project is:
(1) For infrastructure projects, foundation works and main structure works of building construction, the reasonable service life of such projects as stipulated in the design documents;
(2) Building insulation works, for five years;
(C) the roof waterproof project, waterproof requirements of toilets, rooms and external wall leakage prevention, for five years;
(4) Heating and cooling systems, for two heating periods, cooling periods;
(5) Installation and decoration of electrical pipelines, water supply and drainage pipelines, equipment for two years。
The warranty period of other projects shall be agreed upon between the construction unit and the construction unit。
The warranty period of a construction project shall be calculated from the date on which the completion of the project passes the acceptance inspection。
Article 54 During the warranty period, the construction unit shall be responsible for the maintenance of project quality defects, and the maintenance expenses shall be borne in accordance with the following provisions:
(A) due to survey, design, construction drawing review, construction, supervision, project quality testing and other causes of quality defects, maintenance costs shall be borne by the relevant units in accordance with the contract;
(2) Quality defects caused by unqualified building materials, building components and equipment, which are purchased by the construction unit, shall be borne by the construction unit;Those purchased by the construction unit shall be borne by the construction unit;
(3) Project quality defects caused by the construction unit shall be borne by the construction unit。
In case of personal injury or property loss caused by project quality defects, the responsible party shall bear the corresponding civil liability。
If project quality defects occur within the quality guarantee period of the sales contract, the construction unit shall bear the warranty responsibility and maintenance costs, and the construction unit may seek compensation from the relevant responsible units according to law。If the quality of the building and its ancillary facilities is affected by the improper use of the user, the user shall bear the maintenance costs。
The term "project quality defect" as mentioned in this article refers to the fact that the quality of the project does not conform to the mandatory standards for project construction, the design documents and the contract。
Article 55 After the expiration of the warranty period of a construction project, if the quality of the construction project is affected by failure to carry out normal maintenance or overhaul or improper use, the responsible person shall bear the maintenance expenses。
Article 56 A construction unit shall, in accordance with the provisions of the contract for a construction project, reserve a warranty deposit in a prescribed proportion from the project funds payable, which shall be stored in a special bank account and shall not be misappropriated。Within 20 days after the expiration of the warranty, the construction unit shall return all the principal and interest of the warranty bond to the construction unit。
The period of warranty deposit reserved is consistent with the period of warranty, which is specifically agreed upon by the construction unit and the construction unit in the construction project contract, but the longest period shall not exceed five years。
The proportion of warranty deposit reserved for a construction project shall be agreed upon by the construction unit and the construction unit in the contract。For construction projects invested in whole or in part by the government, the proportion of warranty deposit reserved shall be carried out in accordance with the relevant provisions of the State。
Encourage construction projects to use other guarantee methods such as project quality guarantee, project quality insurance, etc. If other guarantee methods such as guarantee, insurance are used, the construction unit shall not reserve any warranty deposit。
Chapter VII Supervision and administration
Article 57 The main responsibilities of the construction project quality and safety supervision institution for the supervision and administration of construction project quality and production safety are:
(1) To publicize and implement laws and regulations concerning the quality and safety of construction projects;
(2) To supervise and inspect the quality and work safety of construction projects;
(3) To accept and promptly deal with reports and complaints on construction project quality and production safety;
(4) investigate and punish violations of laws and regulations on the quality and safety of construction projects;
(5) Other duties prescribed by laws and regulations。
The provincial construction project quality and safety supervision agency may, in accordance with laws and regulations, formulate specific measures for the supervision and management of construction project quality and safety in the province, and provide operational guidance to the construction project quality and safety supervision agencies of cities, counties (cities, districts) divided into districts and relevant professional construction project quality and safety supervision agencies。
Article 58 Construction project quality and safety supervision agencies may take the following measures when performing supervision and inspection duties:
(1) entering the construction site for inspection;
(2) require the inspected units to provide documents and materials on the quality of construction projects and production safety;
(3) to correct violations of construction project quality and production safety requirements, and to deal with according to law;
(4) order the inspected units to immediately eliminate the hidden dangers of construction project quality and production safety accidents, and if safety cannot be ensured before or during the elimination of major safety accidents, order them to withdraw their operators from dangerous areas or temporarily stop construction;
(5) Other measures authorized by laws and regulations。
Article 59 When a construction project quality or production safety accident occurs, the construction unit shall immediately report to the construction project quality and safety supervision institution, and truthfully report to the relevant departments in accordance with the provisions of the State。
Article 60 The supervision institution for quality and safety of construction projects shall order it to stop work immediately and deal with it according to law when it finds that construction projects have been started without authorization without fulfilling the procedures for capital construction。
Chapter VIII Legal liability
Article 61 In violation of the provisions of Article 12 of these Regulations, the construction unit fails to organize the design disclosure and joint examination of drawings, the construction project quality and safety supervision institution shall order correction;Those who refuse to make corrections shall be ordered to stop construction。
Article 62 Where a construction unit, in violation of the provisions of Article 14 of these Regulations, fails to pay the cost of measures for safe and civilized construction of a construction project before commencement, the supervision institution for quality and safety of construction projects shall order correction within a time limit;Those who fail to make corrections within the time limit shall be ordered to stop construction。
Article 63 Where a construction unit violates the provisions of Article 15 of these Regulations and fails to go through the procedures for supervision of project quality and safety in accordance with the provisions, the supervision institution for quality and safety of construction projects shall order rectification within a time limit and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan。
Article 64 In violation of the provisions of Article 16 of these Regulations, a construction unit entrusts a project quality testing unit without corresponding qualifications to carry out construction project quality testing, the test report is invalid, and the construction unit shall be ordered by the construction project quality and safety supervision institution to make corrections and be fined between 20,000 yuan and 50,000 yuan。
Article 65 Where a construction unit, in violation of the provisions of paragraph 2 of Article 17 of these Regulations, explicitly or implicitly uses unqualified building materials, building structures and fittings and equipment, the supervision institution for quality and safety of construction projects shall order rectification within a time limit and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan。
Article 66 Where, in violation of the provisions of Article 19 of these Regulations, a construction unit fails to organize the completion inspection and acceptance of a construction project or fails to pass the inspection and acceptance of a construction project for delivery, the supervision institution for quality and safety of construction projects shall order it to make corrections and impose a fine of not less than 2 percent but not more than 4 percent of the project contract price;If any loss is caused, it shall be liable for compensation according to law。
Article 67 Where a construction unit violates the provisions of paragraph 1 of Article 20 of these Regulations and fails to handle the record of completion acceptance in accordance with the provisions, the record acceptance unit shall order it to make corrections and impose a fine of not less than 200,000 yuan but not more than 500,000 yuan。
Article 68 Violation of paragraph 1 of Article 20 of these Regulations，The construction unit adopts false certification documents to handle the record of completion acceptance inspection of the project，The completion and acceptance of the project is invalid，The unit accepting the record shall order it to stop its use，Re-organize the completion acceptance，Be fined not less than 200,000 yuan but not more than 500,000 yuan;criminal，Criminal responsibility shall be investigated according to law。
Article 69 If a construction unit, in violation of the provisions of paragraph 3 of Article 20 of these Regulations, decides to reorganize the completed acceptance of the project and uses it without authorization before reorganizing the completed acceptance of the project, the filing acceptance unit shall order it to stop using the project and impose a fine of not less than 2 percent but not more than 4 percent of the project contract price。
Article 70 Violation of Article 22 of these Regulations，The construction unit contracts the foundation subdivision, the main structure subdivision and the roof subdivision of the construction project to different construction units，The supervision institution for quality and safety of construction projects shall order it to make corrections，A fine of not less than 0.5% but not more than 1% of the project contract price;For projects that use all or part of state-owned funds，The implementation of the project or the allocation of funds may be suspended。
Where a construction unit divides a testing business in a construction project and entrusts different testing units, the construction project quality and safety supervision institution shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan。
Article 71 In violation of the provisions of the first and third paragraphs of Article 23, Article 25 and Article 27 of these Regulations, in any of the following circumstances, the construction project quality and safety supervision agency shall order correction and impose a fine of not less than 100,000 yuan but not more than 300,000 yuan:
(1) The survey or design unit fails to conduct the survey or design according to the mandatory standards for project construction;
(2) Designating a manufacturer or supplier of building materials, components and equipment by the designing unit;(3) The construction drawing examination unit fails to conduct the examination according to the prescribed examination contents or issues a false examination certificate。
Article 72 Violation of the provisions of Article 25, paragraph 2 of these Regulations，Construction projects using new structures, new materials and new technologies and construction projects with special structures，The designing unit fails to put forward measures and suggestions for ensuring project quality and safe production in the design，The supervision institution for quality and safety of construction projects shall order rectification within a time limit，A fine of not less than 100,000 yuan but not more than 300,000 yuan;serious，The provincial administrative department of construction shall order it to suspend business for rectification，downgrade，Until the qualification certificate is revoked;Cause a major security accident，criminal，To the person directly responsible，Investigate criminal responsibility in accordance with the relevant provisions of the Criminal Law;damaging，Be liable for compensation according to law。
Article 73 Violates the provisions of Article 28, paragraph 2 of Article 31, paragraph 1 of Article 33 and Article 34 of these Regulations，The construction unit fails to perform the obligations of construction quality and production safety，The supervision institution for quality and safety of construction projects shall order rectification within a time limit;Not corrected within the time limit，The provincial administrative department of construction shall order it to suspend business for rectification，Suspend or revoke its production safety license，To impose a fine in accordance with the provisions of the Production Safety Law of the People's Republic of China;Cause a major security accident，criminal，Those directly responsible shall be investigated for criminal responsibility according to law。
Article 74 Violation of Article 30 of these Regulations，The project leader of the construction unit shall undertake two or more construction projects at the same time，Or entrust another person to perform the duties，The construction project quality and safety supervision institution shall give a warning，Order correction，No illegal gains，Impose a fine of not more than 10,000 yuan;There are illegal gains，A fine of not more than three times the illegal income and not more than 30,000 yuan shall be imposed。
Article 75 Violation of the provisions of Article 31, paragraph 1, paragraph 3 and Article 37 of these Regulations，The construction unit fails to perform the duties of construction site management as required，The supervision institution for quality and safety of construction projects shall order rectification within a time limit，Work stoppage for rectification in serious cases;Not corrected within the time limit，The provincial administrative department of construction shall order it to suspend business for rectification，And impose a fine of not less than 50,000 yuan but not more than 100,000 yuan;Cause a major security accident，criminal，The persons directly responsible shall be investigated for criminal responsibility according to law;damaging，Be liable for compensation according to law。
Article 76 Where a construction unit, in violation of the provisions of Article 32 of these Regulations, misappropriates the cost of safe and civilized construction measures, the supervision institution for quality and safety of construction projects shall order it to make corrections within a time limit and impose a fine of not less than 20 percent but not more than 50 percent of the misappropriated cost;If any loss is caused, it shall be liable for compensation according to law。
Article 77 Violation of paragraph 2 of Article 35 of these Regulations，Safety protection appliances, machinery and equipment, construction tools and accessories are put into use without inspection or fail to pass inspection before entering the construction site，The supervision institution for quality and safety of construction projects shall order rectification within a time limit;Not corrected within the time limit，The provincial administrative department of construction shall order it to suspend business for rectification，Shall also be fined not less than 100,000 yuan but not more than 300,000 yuan;serious，downgrade，Until the qualification certificate is revoked;Cause a major security accident，criminal，To the person directly responsible，Investigate criminal responsibility in accordance with the relevant provisions of the Criminal Law;damaging，Be liable for compensation according to law。
Article 78 Violation of Article 35, paragraph 3 of these Regulations，The construction unit uses building materials, building structures, accessories and equipment that do not meet the quality standards and design requirements in the construction project，The supervision institution for quality and safety of construction projects shall order it to make corrections，A fine of not less than 2% but not more than 4% of the project contract price;Causing the quality of construction projects to fail to meet the prescribed quality standards，Responsible for rework and repair，And compensate for the losses resulting therefrom;serious，The provincial administrative department of construction shall order it to suspend business for rectification，Reduce the qualification level or revoke the qualification certificate。
Article 79 Violation of paragraph 1 of Article 36 of these Regulations，The construction unit has not inspected the building materials, building components, equipment and commercial concrete，Or failing to take samples of test blocks, test pieces and related materials involving structural safety，The supervision institution for quality and safety of construction projects shall order it to make corrections，A fine of not less than 100,000 yuan but not more than 200,000 yuan;serious，The provincial administrative department of construction shall order it to suspend business for rectification，Reduce the level of qualification or revoke the qualification certificate;damaging，Be liable for compensation according to law。
Article 80 Violation of Article 38 of these Regulations，The construction unit fails to prepare safety technical measures, temporary electricity use plans or special construction plans in accordance with regulations，The supervision institution for quality and safety of construction projects shall order rectification within a time limit;Not corrected within the time limit，The provincial administrative department of construction shall order it to suspend business for rectification，Shall also be fined not less than 100,000 yuan but not more than 300,000 yuan;serious，downgrade，Until the qualification certificate is revoked;Cause a major security accident，criminal，To the person directly responsible，Investigate criminal responsibility according to law;damaging，Be liable for compensation according to law。
Article 81 Committing any of the following acts in violation of Article 42 of these Regulations，The supervision institution for quality and safety of construction projects shall order rectification within a time limit，A fine of not less than 50,000 yuan but not more than 100,000 yuan;serious，The provincial administrative department of construction shall order it to suspend business for rectification，downgrade，Until the qualification certificate is revoked;damaging，Bear compensation liability according to law:
(1) failing to prepare disassembly and assembly plans and work out safety construction measures;
(2) without on-site supervision by professional and technical personnel;
(3) failing to issue a certificate of self-examination or issuing a false certificate;
(4) failing to provide the safe use instructions to the construction unit and go through the handover procedures。
Article 82 In violation of the provisions of Article 43 of these Regulations, the property rights unit and the user unit of construction lifting machinery fail to handle the record or use registration in accordance with the provisions, the construction project quality and safety supervision agency shall order correction, give a warning, and impose a fine of not less than 5,000 yuan but not more than 10,000 yuan。
Article 83 Violation of Article 44 of these Regulations，A project supervision unit undertakes construction project supervision business in violation of regulations，The supervision institution for quality and safety of construction projects shall order it to make corrections，A fine of not less than 50,000 yuan but not more than 100,000 yuan;serious，The provincial construction administrative department shall reduce the qualification level or revoke the qualification certificate;There are illegal gains，Confiscation of illegal gains。
Article 84 Violation of paragraph 2 of Article 45 of these Regulations，The chief supervision engineer and the supervision engineer are responsible for the supervision of two or more construction projects at the same time，The construction project quality and safety supervision institution shall give a warning，Order correction within a time limit;Not corrected within the time limit，The unit shall be fined not less than twice but not more than three times the supervision fee，Imposing a fine of not less than 10,000 yuan but not more than 30,000 yuan on an individual;criminal，Investigate criminal responsibility according to law;damaging，Be liable for compensation according to law。
Where the chief supervision engineer or supervision engineer entrusts another person to perform the supervision duties, the construction project quality and safety supervision institution shall give a warning and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan on the individual。
Article 85 Violation of Article 47 of these Regulations，The project supervision unit fails to perform the supervision duties as prescribed，The supervision institution for quality and safety of construction projects shall order rectification within a time limit;Not corrected within the time limit，The provincial administrative department of construction shall order it to suspend business for rectification，Shall also be fined not less than 100,000 yuan but not more than 300,000 yuan;serious，downgrade，Until the qualification certificate is revoked;Cause a major security accident，criminal，To the person directly responsible，Investigate criminal responsibility according to law;damaging，Be liable for compensation according to law。
Article 86 Violation of Articles 49, 50 and 51 of these Regulations，The engineering quality testing unit violates the regulations，The supervision institution for quality and safety of construction projects shall order it to make corrections，A fine of not less than 10,000 yuan but not more than 30,000 yuan;criminal，Investigate criminal responsibility according to law;damaging，Be liable for compensation according to law。
Article 87 Violation of Article 52 of these Regulations，The construction unit shall not issue the construction project quality guarantee to the construction unit，Or the warranty of the construction project does not specify the scope of warranty, warranty period and warranty responsibility，The supervision institution for quality and safety of construction projects shall order it to make corrections，A fine of not less than 10,000 yuan but not more than 30,000 yuan。
Article 88 Where a construction unit, in violation of Article 54 of these Regulations, fails to perform its warranty obligations or delays in performing its warranty obligations, the supervision institution for quality and safety of construction projects shall order it to make corrections and impose a fine of not less than 100,000 yuan but not more than 200,000 yuan。The construction unit shall also be liable for the loss caused by the quality defects of the project during the warranty period。
Article 89 Any functionary of a state organ who neglects his duty, abuses his power or engages in malpractices for personal gains in the supervision and administration of construction project quality and production safety shall be given administrative sanctions by the unit to which he belongs or by the competent department at a higher level according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。
Article 90 Where laws and regulations provide for punishment for other acts in violation of the provisions of these Regulations, such provisions shall prevail。
Chapter IX Supplementary Provisions
Article 91 These Regulations shall not apply to military construction projects, rescue and disaster relief projects, low-rise houses built by peasants themselves and other temporary buildings。
Article 92 These Regulations shall come into force as of March 1, 2010。
