Regulations of Tianjin Municipality on Civilized Construction Management in Construction Projects

Decree of Tianjin Municipal People’s Government

No.100

The Regulations of Tianjin Municipality on Civilized Construction Management in Construction Projects was adopted at the 70th Executive Meeting of the Municipal People’s Government on 24 April 2006 and is hereby promulgated. The Regulations shall go into effect as from 1 June 2006

Dai Xianglong, Mayor

28 April 2006

Regulations of Tianjin Municipality on Civilized Construction Management in Construction Projects

Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with relevant State laws, regulations and the actual situation of this Municipality with a view to strengthening civilized construction management in construction projects in this Municipality, updating the level of construction management, keeping the cityscape clean and tidy and safeguarding personal safety and public security.

Article 2 These Regulations apply to the newly constructed, renovated and expanded construction project, house relocation, and supervision and management in areas under the jurisdiction of this Municipality.

The term “construction project” mentioned in these Regulations refers to the civil engineering, construction projects, pipeline and wiring projects and equipment installation and repair.

The term “civilized construction” mentioned in these Regulations refers to measures taken in the process of construction activity to protect the working environment, environmental sanitation quality and the health and security of workers in accordance with the regulations.

Article 3 The Municipal competent department for construction administration shall exercise uniform supervision and administration of civilized construction in construction projects in the whole city and shall be in charge of organizing for the implementation of these Regulations.

District and county competent departments for construction administration shall, according to division of duties and obligations, exercise supervision and administration over civilized construction in construction projects in their respective administrative areas.

Municipal, district and county departments for supervision and administration of construction safety shall be in charge of the day-to-day supervision and administration over civilized construction in construction projects according to division of duties and obligations as prescribed by the Municipal competent department for construction administration.

Article 4 This Municipality institutes a joint inspection system at the construction site. The environmental protection, cityscape, health, quality control, safety supervision, state land resources and other related departments shall conduct special law enforcement checks at the construction site under the uniform direction of the competent department for construction administration. Where it is otherwise stipulated in laws and regulations, these laws and regulations shall prevail.

Article 5 The civilized construction management in construction projects shall stick to the principle of the enterprise taking charge, the intermediary agency making evaluation and the government exercising supervision and administration.

Chapter II General Stipulations

Article 6 The unit undertaking projects shall, in accordance with relevant State laws, regulations and quality standards for civilized construction, specify in the related contract the responsibility for safe, civilized work on the part of the units of prospecting, construction and project monitoring, and shall use modern information technology to conduct remote video monitoring.

Article 7 The unit undertaking projects shall, in working out the project budget, determine the fund needed for a safe working environment of construction projects and for measures to ensure work safety in accordance with relevant provisions of the Municipal competent department for construction administration.

The unit undertaking projects shall deposit in the special account as stipulated the required fund for a safe working environment of construction projects and for measures to ensure work safety in a lump sum at the specially designated bank. Where it files on the record the measures taken to ensure work safety at the construction safety supervision and administration department, it shall produce the valid evidence of the deposited sum in the special account. Where the evidence of the deposit in the special account is not provided the construction safety supervision and administration department shall reject the said files.

The fund for a safe working environment of construction projects and for measures to ensure work safety shall be used solely for the stated purposes, and its use and allocation shall be placed under the supervision of the construction safety supervision and administration department.

Article 8 An evaluation system is put in place for standardized administration of safe and civilized operation at the construction site.

The unit in charge of construction shall be responsible for implementing the standardized administration of safe and civilized operation at the construction site, and it shall entrust an evaluation organ with the task to conduct a goal-reaching evaluation of the administration. Where the evaluation rules that the said construction site reaches the quality standard set by the Municipal competent department for construction administration for safe and civilized operation, the bank of the deposited money shall, on the strength of the evidence on the record provided by the construction safety supervision and administration department, allocate the fund set aside for safe and civilized operation to the unit in charge of construction.

The evaluation unit to be engaged shall possess the qualification for evaluating safety of construction industry and be held responsible for the results of the evaluation and file the results of evaluation at the construction safety supervision and administration department on the record.

Article 9 The project monitoring unit shall, in accordance with the monitoring contract, incorporate civilized operation into its monitoring responsibility, examine the administrative measures for civilized operation in the organizational plan to determine whether it meets the obligatory standards and implement these standards simultaneously with the measures specified in the standards for construction projects monitoring.

The project monitoring unit shall, upon discovering cases not in conformity with the requirements for civilized operation, order the unit in charge of construction to make corrections. Where the case is serious, it shall ask the unit in charge of construction to suspend work and make a timely report to the unit undertaking projects. Where the unit in charge of construction refuses to make corrections or to suspend work, the monitoring unit shall make an immediate report to the relevant competent department.

Article 10 Where a construction project is contracted to a unit through general contracts, the general contractor unit shall exercise uniform management of safe and civilized operation at the construction site, and subcontractor units shall submit themselves to the management of the general contractor unit and be held responsible to the general contractor for safe and civilized operation in areas subcontracted to them. Where no such a general contract exists, the unit undertaking projects shall coordinate and manage safe and civilized operation in a uniform way and units in charge of construction shall be held responsible for safe and civilized operation in their contacted areas.

The project manager of a unit in charge of construction shall bear direct responsibility for civilized operation at the construction site, organize the mapping of the plan for safe and civilized operation, implement the responsibility system and exercise target administration for this purpose.

Article 11 The unit in charge of construction shall abide by the regulations regarding environmental protection and production safety, take measures to prevent or reduce the pollution and damage originating from powdered dust, exhausts, waste water and solid waste, noise, vibration and illumination.

Chapter III On-the-Site Administration

Article 12 The working area, office area and living quarters at a construction site shall be zoned and administrated separately. The facilities in the office area and in the living quarters shall be installed in a scientific way and shall conform to the related regulations regarding urban environment, health, firefight and standardized administration for safe and civilized operation.

Article 13 The construction site shall be kept clean and tidy. Standard protective devices shall be installed neatly at the staircase, the mouth of the lift, the mouth of the tunnel for future use and the entry to a passageway and surroundings of buildings, and warning signs shall be isntalled in conspicuous places. The work surface shall be well kept conducive to production safety and the residue shall be cleared away and wiped clean. It is forbidden to throw away the residue at random.

Article 14 Facilities of all kinds, building materials, equipment, products manufactured on the spot, finished and half finished products, gadgets and accessories shall be stored at places specified by the plain map for construction and be labeled. It is forbidden to mix them up or store building materials, construction dust and waste outside the construction site by occupying grounds without authorization.

Where it is necessary to store sand and stones and other scattered materials, they shall be stored in a designated place with a height no less than 0.5 metre and be covered up by straw mats. Excavated earth, construction waste and rubbish shall be stored at one place and the height of which shall not overreach that of the enclosure and shall be covered by straw mats and solidified.

Article 15 The unit in charge of construction shall, in accordance with the regulations, install a solid enclosure at the site that shall meet the following requirements:

(1) The material used to build the enclosure shall be bricks or prefabricated planks with a base and top cover. The joining part of the outside of the enclosure and the road shall be planted with trees or grass or paved by solid materials. The enclosure must be solid, safe, clean and tidy and pleasing to eyes;

(2) The height of enclosure in the built-up area in cities or towns, scenic spots, scenic roads, traffic thoroughfares, airports, rivers or sea ports, railway or highway stations and squares shall be not lower than 2.5 metres, and in other areas it shall not be lower than 1.8 metres;

(3) The door of the enclosure shall be able to close tightly and its position shall meet the requirement of firefight and the width of which shall be at least 6 metres;

(4) The enclosures used in public works, road maintenance and repair and laying of underground pipelines projects may be installed continuously or section by section. Where it is impossible to install enclosures due to special situations, a warning sign shall be installed and measures be taken to separate the dangerous places of the project from the outside; and

(5) Prior to a demolishing operation, a temporary metal enclosure shall be installed on the site and another enclosure that meets the requirement of these Regulations shall be installed after the demolishing operation is completed.

Article 16 The ground of a work site at urban built-up areas, airports, railway and bus stations, squares shall be solidified with cement. At other work sites, a cement road of a length no less than 30 metres shall be constructed starting from the entrance. The uncovered road surface shall be grown with greens or be covered by an environment friendly net. A car wash facility shall be installed at the entrance to wash vehicles entering or exiting the work site.

Article 17 The scaffold at the outside of a building shall be covered with a sealed environment friendly upright safety net as required by the State and relevant departments to prevent falling objects and spreading of construction dust. The safety upright nets shall be washed regularly and kept clean.

Article 18 The residue, mud and waste from construction shall be cleared away as they are produced. The residue that cannot be cleared away immediately shall be fully covered. It is prohibited to spread the residue outside of the enclosure or to store residue in the open air.

The residue and waste at the work site shall be sprinkled with water as they are loaded for transportation. It is forbidden to scatter or spread waste in the air from inside a building.

Where a unit in charge of construction transports construction residue, mud, construction waste, sand, stone and other bulk materials, it shall use sealed transportation vehicles, which shall run along a designated route.

Article 19 The way employed to demolish a building or a structure shall meet the requirements and sprinkling methods shall be employed when the residue is being cleared away.

Where the ground vacated by a demolished building or structure is set aside for future construction, the unit undertaking projects shall cover it up with greens, or dust preventing nets or solidified surface.

Article 20 Where one works in areas within the Outer Ring Road, or the built-up areas or scenic spots outside the Outer Ring Road, he shall use commodity concrete, lime and clean energy. It is forbidden to stir concrete or lime at the work site, store cement and lime in the open air, burn dust and other materials harmful to health, and use coal, timber, asphalt felt and paint as fuel.

Article 21 Where a temporary structure is to be erected at a work site, the unit in charge of construction shall, in accordance with related Municipal regulations, use standard movable plank house with light steel structures and the height of the house must be lower than three storeys and passages and steel staircases shall be installed that meet the safety regulations. Where a one-storey house is to be erected, its height must not be taller than the enclosure at the work site. It is forbidden to erect wood structure houses, tents, or temporary sheds or facilities by using the enclosure as a prop.

Article 22 Where a living quarter is installed at the work site, a sound dormitory management system shall be set up. Each dorm room shall house fewer than 15 people with an average use area of more than 2 square metres for each person, and winter heating and workers’ and staff’s safety shall be guaranteed. It is forbidden to use open fire for heating and install a collective dorm in an unfinished building. Where the living quarters are installed outside of the work site, a closed-door management system shall be practiced.

Article 23 Where a dining room or eating spot is set up at the work site, it shall meet the requirements of sanitation and a sound system for sanitation and for preventing food poisoning shall be in place.

The water closet installed inside the work site located in the built-up area shall use water flush mechanism to ensure cleanness and tidiness, Makeshift water closet shall be installed every two floors at a high-rise work site.

Article 24 The unit in charge of construction shall map out an emergency response plan for public health accident and equip with adequate number of first aid staff, medical kits and rescue equipment that meet the relevant regulations.

Article 25 A sound drainage system and waste water recycling equipment shall be installed at the work site to prevent waste water and mud from polluting surrounding road, clogging up drainage pipes or rivers. The open channel used for drainage shall be covered with plank. It is forbidden to drain waste water into the source of drinking water or rivers or water areas.

Article 26 Where the unit in charge of construction works at a project that may damage public facilities, the unit shall take precautions in advance so as to guarantee the safety of public facilities and their normal functioning. Where damage is caused, the said unit shall bear the responsibility of economic compensation.

Chapter IV Legal Responsibilities

Article 27 Where a unit undertaking projects violates Articles 6, 7, 15 and 19 of these Regulations, the competent department for construction administration shall order it to make corrections within a specified time limit and may penalize it with a fine of not less than 2,000 yuan but not more than 30,000 yuan.

Article 28 Where a unit in charge of construction violates Item (2) of Article 8 of these Regulations, the competent department for construction administration shall order it to make corrections within a definite period of time and may penalize it with a fine of not less than 10,000 yuan but not more than 30,000 yuan. It shall penalize the project manager that bears direct responsibility for the construction project with a fine of a comparable sum as mentioned above, and deal with him by deducting the safety scores in accordance with the regulations set by the Municipal department for construction administration until he is deprived of the right to take part in the bidding for construction projects.

Article 29 Where the unit in charge of construction violates Articles 13, 14, 16, 18, 20 and 23 of these Regulations, the competent department for construction administration shall order it to make corrections within a specified time limit and penalize it with a fine of not less than 5,000 yuan but not more than 20,000 yuan. The competent department shall penalize the project manager that bears direct responsibility for the construction project with a fine of a comparable sum as mentioned above, and deal with him by deducting the safety scores in accordance with the regulations set by the Municipal department for construction administration until he is deprived of the right to take part in the bidding for construction projects.

Article 30 Where the unit in charge of construction in violation of Articles 17, 21 and 22 of these Regulations has potential hazards liable for accidents, the competent department for construction administration shall order it to make corrections within a specified time limit and may penalize it with a fine of not less than 10,000 yuan but not more than 20,000 yuan. It shall penalize the project manager that bears direct responsibility for the construction project with a fine of a comparable sum as mentioned above, and deduct the safety score in accordance with the regulations set by the Municipal department for construction administration and so forth until he is deprived of the right to take part in the bidding for construction projects.

Article 31 Where the entrusted safety evaluation institution, in violation of Item (3) of Article 8 of these Regulations, provides falsified evaluation report on safety and civilized operation, the competent department for construction administration shall penalize it with a fine of not less than 5,000 yuan but not more than 30,000 yuan. Where the case is serious, it shall inform the institution that has issued the certificate for evaluation qualifications thereof and make it public.

Article 32 Where the project monitoring institution violates Article 9 of these Regulations the competent department for construction administration shall order it to make corrections within a specified time limit and may penalize it with a fine of not less than 5,000 yuan but not more than 30,000 yuan. It shall deduct the safety score in accordance with the regulations set by the Municipal department for construction administration until the said unit is deprived of the right to take part in the bidding for monitoring construction projects.

Article 33 Where anyone operates a project in violation of these Regulations, which encroaches upon the civil rights and interests of the workers, the department concerned shall mete out administrative sanctions and hold him accountable for civil liabilities according to the law and ask him to make civil compensation.

Article 34 Any unit and individual are entitled to report or complain against acts that violate these Regulations, and the department concerned shall accept the report or complaints and make investigation into it and handle it.

Article 35 Where a party refuses to accept the administrative sanction he may ask for an administrative review or bring a lawsuit to the people’s court. Where the party neither applies for an administrative review, nor brings a lawsuit to the people’s court nor accepts the administrative sanction at the expiration of the time limit, the institution that has made the decision shall apply to the people’s court for forced execution.

Article 36 Where a functionary working for supervision over civilized operation abuses powers, neglects duties and practices irregularities for selfish interests, the unit he belongs to or the competent unit of the next higher level shall mete out an administrative sanction against him. Where the offence is serious enough to constitute a crime he shall be investigated for criminal responsibilities according to the law.

Chapter V Supplementary Provisions

Article 37 Where laws and administrative regulations contain no specific stipulations applicable to civilized operation at railways, transportation, water conservancy and other specialized construction projects, these Regulations shall apply mutatis mutandis.

These Regulations do not apply to farmers in the building of low houses for residential purpose.

Article 38 These Regulations shall go into effect as from 1 June 2006.