Regulations of Shanghai Municipality on the Administration of the Quality and Safety of Construction Engineering
Regulations of Shanghai Municipality on the Administration of the Quality and Safety of Construction Engineering
（Adopted at the 31st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on December 22, 2011; amended for the first time in accordance with the Decision to Amend Some Local Rules of this Municipality adopted at the 28th Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on December 30, 2020; amended for the second time in accordance with the Decision of the Standing Committee of Shanghai Municipal People's Congress on Amending Twelve Local Rules Including the Regulations of Shanghai Municipality on Elderly Care Service and Repealing Six Local Rules Including the Provisions of Shanghai Municipality for the Protection and Development of Telecommunications adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023）
Chapter I General Provisions
Article 1
With a view to strengthening the administration of the quality and safety of construction engineering in this Municipality, guaranteeing the life and property safety of the masses of the people, these Regulations are formulated in accordance with the Construction Law of the People's Republic of China, the Regulations on the Administration of Construction Engineering Quality, the Regulations on the Administration of Safe Production of Construction Engineering, and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the new construction, extension and reconstruction of construction engineering and the demolition and renovation of the existing buildings and structures within the administrative areas of this Municipality as well as the relevant supervisory activities.
Article 3
The municipal administrative department of construction is the comprehensive supervision department in charge of the quality and safety of construction engineering in this Municipality, and responsible for the supervision of the quality and safety of construction engineering in relevant professional fields, and specifically performs the following duties:
1. organizing the formulation of technical standards related to the quality and safety of construction engineering;
2. establishing a unified citywide supervision information system of construction engineering;
3. guiding and coordinating the supervision of the quality and safety of construction engineering in this Municipality; and
4. implementing the supervision of the quality and safety of construction engineering such as housing construction projects, municipal infrastructure projects, and highway engineering.
The municipal administrative departments of port, water affairs, sea, landscaping and city appearance, civil defense and housing (hereinafter referred to as other related departments) shall, in accordance with their respective functions and duties provided by laws and rules and the Municipal People's Government, be responsible for the supervision of the quality and safety of construction engineering in the related field of specialty.
District administrative departments of construction and other related departments shall, in accordance with their respective functions and duties, be responsible for the supervision of the quality and safety of construction engineering within their own administrative areas.
The administrative departments of development and reform, emergency management, finance, public security, fire control, market regulation, planning and resources, economy and informatization, shall cooperate with the implementation of these Regulations within their own scope of duty.
Article 4
Every person who conducts the activities of a construction engineering shall strictly follow the construction procedures.
The related administrative departments of this Municipality shall examine and approve construction engineering in accordance with lawful jurisdiction and procedures.
No units or individuals shall at liberty demand to tighten the reasonable schedule for a construction engineering.
Article 5
Units of development, survey, design, construction, supervision and testing as well as other units related to the quality and safety of construction engineering shall establish and perfect the quality and safety management system, carry out the responsibility for quality and safety management. The chief person in charge of each unit shall be fully responsible for the work on the quality and safety of construction engineering of its own unit according to law.
Units of survey, design, construction, supervision and testing, shall obtain corresponding qualification certificates, and shall undertake business within the permissible range of qualification.
No units of survey, design and construction shall subcontract the business undertaken in whole or in part by illegal subdivision thereof.
No units of supervision and testing shall transfer the business undertaken.
Article 6
Every architect, survey design engineer, building cost engineer, construction engineer, supervising engineer and such other specialized technicians shall obtain corresponding operation qualifications according to law, operate business within the range of qualification licensing, and assume corresponding responsibilities for the quality and safety of construction engineering they have engaged in.
Registered professionals shall not be engaged in more than two units at one time, and shall not permit any other person to operate business in his or her name.
Other specialized technicians and managers who conduct the activities of construction engineering shall obtain corresponding post certificates in accordance with the provisions set by the State and this Municipality.
Article 7
The related trade association of construction engineering is a self-discipline organization for every participant, who shall formulate self-discipline norms according to law, conduct trade training and maintain its member's legitimate rights and interests. The trade association may, in accordance with the provisions stipulated in its constitution, adopt corresponding self-discipline measures for reprimanding a member in violation of trade self-discipline norms.
Article 8
The administrative department of construction or other related departments shall publicize the information on the fundamental conditions, major participation units, construction permit and acceptance upon completion of a construction project via the supervisory administration information system of construction engineering.
Every unit and individual is entitled to report any behavior in violation of the administration of the quality and safety of construction engineering to the administrative department of construction or other related departments. The department that has received such report shall have the matter investigated and handled in a timely manner.
Chapter II Duty and Obligation of Development Unit
Article 9
A development unit that assumes primary responsibility for the quality and safety of construction engineering shall take the responsibility for coordination of the quality and safety work on a construction engineering at different phases, and urge every participation unit of the construction engineering to carry out responsibilities of the quality and safety administration as stipulated in the contract.
This Municipality encourages every development unit to entrust a project management unit to carry out specialized management and services for construction engineering in the overall process.
Article 10
A development unit shall make evaluation on perils of the quality and safety of a construction engineering at the phase of feasibility study, and make clear the expenses in controlling risks. The perils of the quality and safety of construction engineering include the perils of the construction engineering proper in the process of development and use as well as the impacts on the safety of adjacent buildings, structures and other pipelines and facilities. The specific procedures of risk evaluation shall be formulated by the Municipal People's Government separately.
A development unit shall provide the contents of risk evaluation to the units of survey, design, construction and supervision, and request the relevant units to make clear corresponding peril precaution and control measures in the process of preparing the survey documents, design proposals, preliminary design documents, work drawing documents, and construction organization documents.
Article 11
A development unit shall guarantee the development fund compatible to development requirements, and shall make payment according to the sum and time as stipulated in the contract, shall not at liberty reduce the expenses in survey, design, construction, supervision, testing and monitoring.
A development unit shall, under the regulation, have expenses for safety protection measures, supervision and testing charged separately to and paid out of the special account of a construction engineering.
Article 12
Before contracting out a construction project, a development unit shall comprehensively evaluate the project scale, construction technology, geologic and climate conditions and such other factors, and determine a rational time limit for survey, design and construction in accordance with the feasibility report of the construction engineering and the normal working-days of the construction. In public bidding of a construction engineering, a development unit shall take the rational construction period arrangement as the substantial requirements and conditions of bidding documents.
Upon the determination of the time limit for survey, design and construction, a development unit shall not at liberty have it reduced; in real need of adjustment with technical feasibility, the development unit shall put forward technical measures and a scheme that ensure the project quality and safety, and the implementation thereof shall be carried out upon the justification of experts. The development unit shall provide guarantee for additional expenses, if any, in the adjustment of survey, design and construction time limit.
Article 13
A development unit shall contract out a construction engineering to a unit with corresponding qualifications, and shall not contract it out by division thereof or appoint sub-contractors therefore.
In contracts signed between the development unit and the units of survey, design, construction, supervision, detecting and monitoring, the responsibility of both parties for the quality and safety of a construction engineering shall be stipulated definitely.
Article 14
A development unit shall entrust a supervisory unit to practise supervision over the following construction engineering:
1. key construction engineerings of the State and this Municipality;
2. large- and medium-scale public utility projects;
3. residential projects;
4. projects utilizing either loans or aid funds from foreign governments or international organizations; and
5. other projects subject to supervision as provided by the State and the Municipal People's Government.
Article 15
A development unit shall make spot investigation on the buildings and structures and other pipelines and facilities adjacent to a construction engineering, and provide relevant survey data and protection requirements for units of survey, design, construction and supervision.
Article 16
A development unit shall submit the work drawing design document to the municipal administrative department of construction or other examination agencies accredited by the related departments for examination. The examination agencies shall conduct the examination on the work drawing design document in accordance with laws, rules and regulations as well as mandatory standards.
The work drawing design document already examined shall not be arbitrarily altered; where the alteration involves primary contents, the reexamination thereof shall be made by the examination agency of the original work drawing design document.
Article 17
A development unit shall not raise requirements inconsistent with laws, rules, regulations and mandatory technical standards to the units of survey, design, construction, supervision and testing, and shall not illegally designate suppliers of construction materials and facilities.
Article 18
A development unit shall, upon the receipt of the completion report of a construction engineering submitted by the construction unit, organize units of design, construction and supervision, to conduct acceptance upon completion in a timely manner; in respect to a new housing project, acceptance by households shall be first organized.
Article 19
The curtain wall used in a construction engineering shall be in conformity with the related provisions of the Municipal People's Government. The development unit shall establish special funds as required for the maintenance of the curtain wall.
Article 20
After the acceptance upon completion of a construction engineering, the development unit shall set an identification inscription plate at the conspicuous place of a building or structure, marking on the plate the time of completion of the project, the names of units of development, survey, design, construction and supervision, as well as the name of chief project manager.
Chapter III Duty and Obligation of Survey and Design Unit
Article 21
Units of survey, and design shall take responsibility for the quality of survey and design. Survey and design documents shall satisfy quality and safety requirements of a construction engineering.
Article 22
Before conducting operations, a survey unit shall formulate an outline in accordance with the mandatory technical standards, and put forward special suggestions in the light of the specific geological phenomena.
When conducting operations, a survey unit shall observe the requirements of the outline and operating rules, and ensure the reality and credibility of original materials. When finding out that the survey spot fails to measure up to the requirements of survey, the survey unit shall in a timely manner notify the development unit in writing, and put forward suggestions on rearranging the outline.
Article 23
Survey documents shall satisfy the detailed requirements provided by the State, mark the underground pipelines and facilities within the scope of the survey operations, and indicate the joints, items and contents of the on-the-spot survey services.
Article 24
The design document shall satisfy the detailed requirements provided by the State and be in conformity with the following provisions:
1. conducting special design for control of the great peril existing possibly in the main body of a construction engineering;
2. marking the major parts and links involving the project's quality and safety;
3. making clear safeguard mechanisms for quality and safety when adopting new technique, new process, new materials and new facilities;
4. adopting the technique, process, materials and facilities favorable for safeguarding adjacent buildings, structures as well as other pipelines and facilities based on the construction engineering's survey documents and the investigation data provided by the development unit;
5. making clear the monitoring requirements and monitoring control limitation of the main body of a construction engineering as well as adjacent buildings, structures, and other pipelines and facilities; and
6. indicating the joints, items and contents of the on-the-spot services.
A design unit shall, in accordance with the technical standards, designate registered professionals to examine the design document. The examiner shall sign for affirmation.
Article 25
Units of survey, and design shall, before construction of a construction engineering, explain to units of construction and supervision survey and design ideas, and interpret survey and design documents.
Units of survey, and design shall provide on-the-spot guidance and solve survey and design issues arising in the process of construction in accordance with the contract agreed upon as well as joints, items and contents defined in survey and design documents.
In case a construction unit finds out any problem in survey and design documents in the process of construction, units of survey, and design shall handle the problem on the spot at the request of the construction unit; in case of significant changes in contents of survey and design documents, original documents shall be altered according to the provisions.
Article 26
A survey unit shall participate in the acceptance of the sub-divisional project of foundation piles and the partial project of foundation base of a construction engineering, and make comments on the acceptance.
A design unit shall participate in the acceptance of the partial, sub-divisional and unit works of major parts and links indicated in design documents, and make comments on the acceptance.
A design unit shall participate in the acceptance upon completion of a construction engineering, sign to affirm whether or not the project is in conformity with design requirements, and shall provide the development unit with a user's manual for the project.
Chapter IV Duty and Obligation of Construction Unit
Article 27
A construction unit shall take responsibility for the quality and safety of a construction engineering. Where a construction engineering is contracted in whole, sub-contractors shall accept the quality and safety management made by the contractor on the construction site.
A supplier of construction materials or facilities, who undertakes the construction operation of materials and facilities it supplied, shall obtain corresponding qualifications as required.
Article 28
A construction unit shall organize a project management agency for the construction site, and deploy such technical and managerial personnel as corresponding project managers, technical managers, and full-time quality and safety controllers as stipulated in the contract. The above-mentioned personnel shall not be arbitrarily replaced; the replacement in real need shall be done with the consent of the unit that contracted out the project and corresponding qualification requirements shall not be reduced.
The personnel specified in the preceding clause shall be persons who have established the working relationship with the construction unit.
Article 29
Before construction, a construction unit shall prepare construction organization documents in accordance with the actual conditions of the construction engineering scale and technique complexity degree. As for the partial project and sub-divisional works with a great peril specified by the State and this Municipality, the construction unit shall work out special construction schemes attached with the result of safety checking calculation, and have the schemes justified by experts as required.
The construction organization document and special construction schemes shall define the following contents:
1. the construction practice, the quality and safety control measures in the process of construction, and the emergency preplan compatible with design requirements;
2. the procedures of showdown, check and acceptance, examination and rectification for a construction unit's internal quality and safety control measures in the process of construction;
3. the construction schedule in conformity with the time limit stipulated in the contract; and
4. the special precautions adopted for adjacent buildings, structures as well as other pipelines and facilities that are possibly affected.
Article 30
A construction unit shall conduct operations in accordance with the time limit for construction agreed upon in the contract and in conformity with the technical standards and the sequence arranged in construction organization documents, and shall not reduce the time limit for the project or cross-operate against the technical standards.
When the partial or sub-divisional works with a great peril specified by the State and this Municipality is under construction, project managers and full-time safety controllers shall conduct on-the-spot supervision.
After the acceptance upon completion of a construction engineering, the construction unit shall clear the temporary easements, structures, facilities and equipment, and shall evacuate the corresponding personnel.
Article 31
A construction unit shall establish a fire control responsibility system on the construction site, determine a person responsible for fire control, formulate different management systems and operating rules for using fire, electricity, flammable and explosive materials, and such other substances, set up passages and water sources for fire control, install fire fighting devices and apparatus, and set up obvious signs at the entrance of the construction site.
Construction materials, equipment, scaffolds (including brackets and walking boards) and safety nets shall meet fire prevention requirements.
Article 32
Where a construction unit has its labor service sub-contracted out in accordance with the relevant provisions of the State and this Municipality, the sub-contractors of labor service shall possess corresponding qualifications.
A construction unit or a sub-contractor of labor service shall sign labor contracts with its construction workers.
A construction unit or a sub-contractor of labor service shall, in a timely manner, input the information about the worker's status, work unit, post qualification, work experience, training background, and social insurance condition, into the real-name management system of construction projects in this Municipality.
When a construction worker enters or leaves the construction site, the construction unit shall have the information registered through the management system.
Article 33
A construction unit or a sub-contractor of labor service shall at regular intervals have educational and professional training for construction workers. Any one with no educational training or failure in examination shall not get on post.
A construction worker engaged in special-type operations shall get on duty with a relevant qualification certificate.
For a construction worker who is to get on post for the first time, a construction unit or a sub-contractor of labor service shall arrange at least three months’ internship before his/her getting on formal duty.
For a construction worker who enters the construction project service market for the first time, the administrative department of construction or other related departments shall take measures and provide educational training about the quality and safety of construction engineering. The expense of educational training shall be disbursed from education fees arranged by public finance at both municipal and district levels.
Article 34
A construction unit shall provide every construction worker with protective devices, work clothes and a safe production environment in conformity with the standards specified by the State and this Municipality, and notify in writing the operating rules on peril posts as well as hazards of operation in violation of operating rules.
A construction unit shall, in accordance with relevant provisions of the State and this Municipality, adopt precautions and safety protection measures in accordance with seasonal and weather characteristics; and shall restrict or prohibit open-air operations when megathermal climate or unusual weather occurs.
Article 35
A construction unit shall entrust a non-interested professional monitoring unit to conduct monitoring over a construction engineering subject to being monitored by a professional monitoring unit as required by the State and this Municipality.
Article 36
A construction unit shall, as required, use construction materials with a production license, mandatory product authentication or a record filed with the municipal administrative department of construction.
In regard to construction materials and equipment that enter a construction site, the construction unit shall check the production license or authenticity certification as well as the letter of product quality guarantee and the user's manual provided by the supplier.
In case a construction engineering uses such structural construction materials as commodity concrete and reinforcing steel, the construction unit shall request the supplier to confirm the amount provided in the check and acceptance of the partial and the sub-divisional works as well as the acceptance of the completion of the project.
Article 37
In regard to safety protection devices, mechanical equipment, constructional appliances and accessory parts that enter a construction site, the construction unit shall check their production (manufactory)license and quality certificate; in respect to construction cranes, the manufacturing supervision certification and the initial use filing certification shall be checked.
Safety protection devices, mechanical equipment, constructional appliances and accessory parts on the construction site shall be controlled by specific persons, and the inspection, repair and maintenance thereof shall be conducted at regular intervals.
Article 38
When installing and disassembling construction cranes, the construction unit shall prepare operation schemes, determine safety measures, and have specialized technicians exercise supervision on the spot.
Before using and dismantling a self-lift erector such as a construction crane, and an installation erecting frame and board integrally, the construction unit shall register in the administrative department of construction or other related departments
A construction crane in operation with a supernumerary segment added for elevation for the first time shall pass the supervision and inspection by an inspection and testing unit with corresponding qualifications.
Where several tower-type construction cranes are in operation at a construction site, the construction unit shall organize the preparation and implementation of anti-collision safety measures in accordance with the actual conditions.
Article 39
In case a quality and safety accident happens to a construction engineering under construction, the construction unit shall immediately start the emergency preplan, and promptly report to the administrative department of construction or other related departments. The construction unit shall cooperate with the related administrative departments to have the accident investigated and handled.
After the disposition of an accident spot, the construction unit shall formulate and carry out rectification and precautionary measures. The construction, if suspended, may be resumed only upon the approval of the administrative department of construction or other related departments.
Article 40
Where the construction project fails to meet the prescribed quality requirements due to any reason attributable to the construction unit, the employer is entitled to require the construction unit to repair, re-construct or make alteration gratuitously within a reasonable time.
In case a structural quality accident occurs, the construction engineering after repair or re-construct shall be checked and accepted by a testing unit.
Chapter V Duty and Obligation of Supervision, Testing and Monitoring Units
Article 41
A supervision unit shall, on behalf of the development unit, conduct supervision over the quality and safety of construction, and bear the supervision liability for the construction quality and safety of construction engineering.
Article 42
For a construction engineering subject to supervision according to law, supervision charges shall follow the standards as provided by the State and this Municipality.
Article 43
A supervision unit shall organize a project supervision agency on the construction site, and assign a corresponding chief supervision engineer, professional supervision engineers, and supervisors in accordance with the stipulations of the contract.
Article 44
Before the start-up of a construction engineering, the project supervision agency shall examine and verify the organizational plan of the project management agency, the quality and safety management system, the construction organization documents, and the specific construction schemes which the construction unit submitted. The verification opinions shall be reported to the development unit upon the signature of the chief supervision engineer.
Article 45
A project supervision agency shall prepare the supervision planning according to relevant provisions to define the specific scope and items of supervision by using such measures as side standing, inspection tour, and parallel inspection. The testing work of parallel inspection shall be entrusted to an inspection unit with corresponding qualifications. The testing proportion shall meet relevant provisions of the State and this Municipality.
The project supervision agency shall examine the acceptance materials of the inspection lot, partial and sub-divisional works which the construction unit submitted, and put forward the acceptance opinions. Where the partial or sub-divisional works fail to pass the acceptance conducted by the project supervision agency, the construction unit shall not proceed to the next construction stage.
The project supervision agency shall inspect the materials and equipment of the construction engineering that enter the construction site, and put forward the verification opinions. The materials and equipment that fail to pass the inspection shall not be used or installed on the construction engineering.
Article 46
A project supervision agency shall urge the construction unit to conduct self-inspection over safe production, and conduct inspection tours over the workplace safety situation of the construction site.
The project supervision agency shall examine the construction unit's use and management of fees for safety protection measures, and report the result to the development unit.
The project supervision agency shall check the qualification and the safe production permit of the construction unit, and the qualifications of project managers, full-time safety controllers, and special operation personnel.
Article 47
A project supervision agency shall, according to the provisions of the municipal administrative department of construction, regularly report the situation of the construction site to the administrative department of construction or other relevant departments.
Article 48
Upon finding that construction is not in conformity with the compulsory technical standards, work drawing design documents, construction organization documents, specific construction scheme or stipulations of the contract, the project supervision agency shall promptly request the construction unit to make corrections; where the construction unit refuses to make corrections, the project supervision agency shall report to the development unit in a timely manner.
Upon finding hidden perils of any quality or safety accident, the project supervision agency shall promptly request the construction unit to make corrections; where the case is serious, the project supervision agency shall request the construction unit to suspend construction, and report to the development unit in a timely manner.
Where the construction unit refuses to make corrections or stop the construction, or where a quality and safety accident occurs at the construction site, the project supervision agency shall immediately report to the administrative department of construction or other relevant departments. The administrative department of construction or other relevant departments shall be present at the construction site and handle the case in a timely manner.
Article 49
A testing unit shall conduct testing activities in accordance with laws, rules, regulations, and compulsory technical standards, and be responsible for the authenticity and accuracy of testing data and testing report. The testing unit shall not forge testing data or issue a false testing report.
In respect to testing items of new technology or new materials related to the quality and safety of construction engineering, the testing unit shall pass the assessment and demonstration of testing capacity organized by the municipal administrative department of construction.
The testing personnel of a testing unit shall, before going on duty, have obtained corresponding qualifications or passed the examination held by the testing industry association in accordance with relevant provisions of the State and this Municipality.
Article 50
A testing unit shall not simultaneously accept the testing entrustment of the units of development, construction and supervision for the same construction engineering or bid section.
Article 51
A testing unit shall, through the unified testing information management system established by the municipal administrative department of construction, conduct testing over the main body of a construction engineering, structural materials, functional materials, and new-type materials for construction engineering subject to testing according to laws, rules and compulsory standards, and operate the testing equipment according to the control methods set by the testing information management system, and shall not artificially intervene the testing process.
The testing unit shall issue a testing report through the testing information management system.
Article 52
A monitoring unit shall prepare the construction monitoring scheme in accordance with the monitoring requirements set by the design documents, and conduct monitoring over the main body of construction engineering and nearby buildings, structures or other pipelines and facilities.
The monitoring unit shall guarantee the authenticity of monitoring data, and give an alarm according to the alarm level set by the design unit.
Chapter VI Supervision & Management
Article 53
The administrative department of construction and other relevant departments shall strengthen the supervision and management over the quality and safety of construction engineering, and establish and improve the retroactive system for the quality and safety thereof.
The administrative department of construction and other relevant departments shall establish and improve the supervision and management system for the quality and safety of construction engineering, and assign corresponding supervisors and allocate equipment for quality and safety supervision.
The personnel engaged in the quality and safety supervision of construction engineering shall, according to relevant provisions of the State, have passed the examination before conducting quality and safety supervision.
The municipal administrative department of construction may, in the light of the actual circumstances of this Municipality, organize the preparation of local quality and safety technical standards for construction engineering which are higher than the national standards.
Article 54
The administrative department of construction and other relevant departments shall perform the following duties of supervision and management over the quality and safety of construction engineering:
1. to supervise and check the implementation of laws, rules and regulations, and technical standards on the quality and safety of construction engineering of the State and this Municipality;
2. to supervise and check the quality and safety activities of the participants of construction engineering, the quality and safety management system and the fulfillment of accountability system;
3. to investigate and dispose of behaviors in violation of the laws, rules, regulations, and technical standards on quality and safety of construction engineering; and
4. other duties of supervision and management provided by laws and rules.
Article 55
When performing the duties of supervision and management over the quality and safety of construction engineering, the administrative department of construction and other relevant departments are entitled to take the following measures:
1. to request the unit being inspected to provide materials on the quality and safety of a construction engineering;
2. to enter the construction site of the unit being inspected to conduct inspection and make written record of the inspection time, place and contents, and disposition of the problems found;
3. to order the unit being inspected to make immediate correction or elimination of any problems that may affect the project quality or any hidden perils of a safety accident; where safety can not be assured before or during the elimination of hidden perils of a major safety accident, an order shall be made to retreat operational personnel from dangerous zones or to suspend construction; and
4. other measures to be adopted in accordance with the provisions of laws and rules.
Article 56
When examining a construction permit, the administrative department of construction and other relevant departments shall conduct on-the-spot inspection over the construction engineering's quality and safety control measures to be fulfilled before starting the construction.
Article 57
The administrative department of construction and other relevant departments shall conduct selective examination of the contracts for reconnaissance, design, work drawing review, construction, supervision and inspection which have been submitted for the record. The proportion of contracts examined at random shall not be less than 10% of a total of the contracts filed for the record. Upon finding any stipulations of the contracts in violation of the provisions of laws, rules and regulations, an order shall be made for the parties to the contract to make timely correction, and the disposition shall be done according to law.
Article 58
The administrative department of construction or other relevant departments shall conduct supervision and inspection by using blind sample test method. Where supervision and inspection involve the structural safety of construction engineering, the inspection proportion shall meet the relevant standards defined by the municipal administrative department of construction.
For supervision and inspection over the solid body of the construction engineering, the administrative department of construction or other relevant departments shall not entrust the testing unit that has already conducted testing over the solid body of the construction engineering.
The supervision and inspection expenses shall be appropriated by the public finance at the same level, and shall not be collected separately.
Article 59
The administrative department of construction and other relevant departments shall record the credit information of the units and registered professionals that participate in construction. Relevant information shall be made public in a timely manner by the municipal administrative department of construction in accordance with relevant provisions of the State and this Municipality.
The municipal administrative department of construction and other relevant departments shall adopt classified management on the principle of rewarding honesty and punishing dishonesty, and, in the aspects of qualification administration, administrative license, bids and bid invitations, engineering insurance, commending and appraisal, shall encourage the honest units and registered professionals that participate in the construction and punish the dishonest units and professionals.
Chapter VII Legal Liability
Article 60
For violation of these Regulations, where laws and administrative rules have punishment provisions, such provisions shall prevail.
Article 61
Where a development unit has one of the following acts in violation of the provisions of these Regulations, the administrative department of construction or other relevant departments shall administer punishment according to the following provisions:
1. For violation of the provisions of Clause 1 of Article 10, failing to conduct risk assessment in accordance with the provisions or failing to control the risk premiums, an order for correction within a prescribed time limit shall be made; in the case of failure to make corrections within the prescribed time limit, a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed, and a fine of not less than 10,000 yuan but not more than 30,000 yuan may be imposed on the major principal of the unit;
2. For violation of the provisions of Clause 2 of Article 11, failing to separately disburse relevant expenses in accordance with the provisions, an order for correction within a prescribed time limit shall be made; in the case of failure to make corrections within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed, and a fine of not less than 1,000 yuan but not more than 10,000 yuan may be imposed on the major principal of the unit;
3. For violation of the provisions of Clause 2 of Article 19, failing to set up special funds in accordance with the provisions, an order for correction within a prescribed time limit shall be made; in the case of failure to make corrections within the prescribed time limit, a fine one time as much as the special fund that should be collected shall be imposed; and
4. For violation of the provisions of Article 20, failing to carve the architectural nameplate in accordance with the provisions, an order for correction within a prescribed time limit shall be made; in the case of failure to make corrections within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.
Article 62
Where an examination agency of work drawing design documents, in violation of the provisions of Clause 1 of Article 16 of these Regulations, fails to conduct examination of the work drawing documents according to laws, rules and compulsory standards, the administrative department of construction or other relevant departments shall impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; where the case is serious, the identification of the examination agency shall be revoked.
Article 63
Where the design documents of a design unit, in violation of Item 1, 3, 4, or 5 of Clause 1 of Article 24 of these Regulations, fail to meet relevant requirements, the administrative department of construction or other relevant departments shall order for correction within a prescribed time limit, and impose a fine of not less than 100,000 yuan but not more than 300,000 yuan. Where an accident is caused on the quality and safety of a project, an order shall be made for business suspension and rectification, and the qualification level shall be lowered; where the case is serious, the qualification certificate shall be revoked.
Article 64
Where a construction unit has one of the following acts in violation of the provisions of these Regulations, the administrative department of construction or other relevant departments shall administer punishment according to the following provisions:
1. Where the personnel changed by a construction unit, in violation of the provisions of Clause 1 of Article 28, fails to meet the requirements, an order for correction within a prescribed time limit shall be made, and a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed; where the case is serious, an order for the suspension of construction shall be made.
2. Where a construction unit, in violation of the provisions of Clause 2 of Article 30, fails to arrange a person in charge of a project to conduct on-the-spot supervision according to the provisions, an order for correction within a prescribed time limit shall be made, and a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed;
3. Where a construction unit, in violation of the provisions of Clause 3 or Clause 4 of Article 32, fails to input or register the information as required, an order for correction within a prescribed time limit shall be made, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed;
4. Where a construction unit or labor service sub-contractor, in violation of the provisions of Clause 3 of Article 33, fails to arrange construction workers, who get on duty for the first time, to participate in operational practice as required, an order for correction within a prescribed time limit shall be made, and a fine of not more than 20,000 yuan shall be imposed; where the case is serious, an order for the suspension of construction shall be made; and
5. Where a construction unit, in violation of the provisions of Article 35, fails to entrust a professional monitoring unit to conduct monitoring according to the provisions, an order for correction within a prescribed time limit shall be made, and a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed; where the case is serious, an order for the suspension of construction shall be made.
Article 65
Where a project supervision agency has one of the following acts in violation of the provisions of these Regulations, the administrative department of construction or other relevant departments shall administer punishment according to the following provisions:
1. Where a supervision unit, in violation of the provisions of Article 47, fails to make regular report to relevant administrative departments as required, the supervision unit shall be ordered to make corrections within a prescribed time limit; in the case of failure to make corrections within the prescribed time limit, a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed; and
2. Where a supervision unit, in violation of the provisions of Article 48, upon finding hidden perils of an accident on quality or safety, fails to promptly request the construction unit to make corrections or suspend construction, or, if the construction unit refuses to do so and the supervision unit fails to promptly report to relevant administrative departments, an order for correction within a prescribed time limit shall be made; in the case of failure to make corrections within the prescribed time limit, an order for the suspension of business shall be made, and a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be cumulatively imposed; where the case is serious, the qualification level shall be lowered or the qualification certificate shall be revoked.
Article 66
Where a testing unit has one of the following acts in violation of the provisions of these Regulations, the administrative department of construction or other relevant departments shall administer punishment according to the following provisions:
1. Where a testing unit, in violation of the provisions of Clause 1 of Article 49, forges testing data or issues a false testing report, an order for correction within a prescribed time limit and for business suspension during the period of rectification shall be made, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; where the case is serious, the qualification certificate shall be revoked;
2. Where any testing professional of a testing unit, in violation of the provisions of Clause 3 of Article 49, engages in testing business without obtaining the qualification or passing the examination, an order for correction within a prescribed time limit shall be made, and a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed;
3. Where a testing unit, in violation of the provisions of Article 50, violates the provisions on avoidance in testing, an order for correction within a prescribed time limit shall be made, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed; and
4. Where a testing unit, in violation of the provisions of Article 51, fails to conduct testing through the testing information management system or artificially intervenes the testing process, an order for correction within a prescribed time limit and for business suspension during the period of rectification shall be made, and a fine of not less than 10,000 yuan but not more than 30,000 yuan shall be imposed.
Article 67
Where a monitoring unit, in violation of the provisions of Article 52 of these Regulations, fails to prepare the construction monitoring scheme or issues false monitoring data, the administrative department of construction or other relevant departments shall order the monitoring unit to make correction within a prescribed time limit, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 68
When, on supervision and inspection, finding that a unit of reconnaissance, design, construction, supervision or testing has no longer met the corresponding qualification requirements, the administrative department of construction or other relevant departments shall order the said unit to make corrections within a prescribed time limit and suspend business during the period of rectification; in the case of failure to make corrections within the prescribed time limit, the license department shall lower the qualification level or revoke the qualification certificate of such unit.
Article 69
Where an official of the administrative department of construction or other relevant departments violates the provisions of these Regulations, and has one of the following cases, his or her department or the superior administrative department shall give administrative sanctions according to law; where an act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability according to law:
1. illegally conducting administrative licensing or administrative punishment;
2. failing to perform supervision and inspection duties according to the provisions of these Regulations;
3. failing to promptly investigate an illegal act already discovered, or shielding or conniving an illegal act and causing consequences; and
4. other acts of neglecting duties, abusing powers, playing favoritism and committing irregularities.
Chapter VIII Supplementary Provision
Article 70
These Regulations shall be effective as of March 1, 2012.