Provisions of Tianjin Municipality on Administration of Architectural Energy Conservation

Decree of Tianjin Municipal People’s Government

No. 107

Provisions of Tianjin Municipality on Administration of

Architectural Energy Conservation

The Provisions of Tianjin Municipality on Administration of Architectural Energy Conservation was adopted at the 80th Executive Meeting of the Municipal People’s Government on 6 November 2006 and is hereby promulgated. These Provisions shall come into effect as from 1 January 2007.

Dai Xianglong, Mayor

14 November 2006

Provisions of Tianjin Municipality on Administration of Architectural Energy Conservation

Article 1 These Provisions are enacted in accordance with relevant laws and regulations and in the light of the actual situation of this Municipality in order to strengthen administration of architectural energy conservation, reduce energy consumption of buildings, enhance the utilization ratio of energy and resources, and improve the environmental quality so as to realize economic and social sustainable development.

Article 2 Those who are engaged in activities of newly erected, expanded and renovated buildings and their systems of energy utilization, in applying products of architectural energy conservation and new materials for wall, and in the supervision and administration of implementation of architectural energy conservation and energy utilization within the administrative area of this Municipality shall observe these Provisions. For farmers whose houses built by themselves for their own residence have not been incorporated into the management procedure of construction, it is advocated that they shall gradually implement these Provisions.

Article 3 For the purpose of these Provisions, “architectural energy conservation” refers to activities of rational and effective use of energy and resources by using energy saving techniques and products, implementing architectural energy conservation standards, and reducing architectural consumption of energy and resources in the process of architectural planning, design, construction, building, monitoring, and operation and management of energy conservation.

Article 4 The Municipal competent administrative department of construction shall exercise unified supervision and management over architectural energy conservation of this Municipality. The Municipal management centre of wall material innovation and architectural energy conservation shall be responsible for the day-to-day management of architectural energy conservation of this Municipality.

The district and county competent administrative departments of construction shall, in the light of the division of labour of construction management, take charge of supervision and management over architectural energy conservation in the areas under their jurisdiction.

Article 5 The Municipal competent administrative department of construction shall work out the special plan and the annual plan of architectural energy conservation of this Municipality in accordance with the Municipal national economic and social development plan, and submit them to the Municipal People’s Government for approval before they are implemented.

Article 6 This Municipality encourages scientific research and technological development of architectural energy conservation, popularization of new techniques, new processes, new equipment, new materials, and new products featuring architectural energy conservation, development of new technology combining renewable energy with architecture, and restriction or prohibition of using high energy-consuming techniques, equipment, materials and products.

For units and individuals that have made outstanding contributions and remarkable achievements in architectural energy conservation, the Municipal People’s Government or relevant departments shall commend and award them.

Article 7 The Municipal competent administrative department of construction shall, in accordance with relevant State laws, rules, regulations and related standards of architectural energy conservation, formulate the standards of architectural energy conservation of this Municipality, and work out the catalogue of technologies and products of architectural energy conservation whose use is to be popularized, restricted or banned in this Municipality, and announce them to the public.

Article 8 The planning competent administrative department shall give consideration to the requirements of architectural energy conservation in examining and approving the constructive detailed plan of construction projects or the site planning scheme, and in determining the layout, orientations, and the shape of buildings.

Article 9 The unit undertaking projects shall execute the standards of architectural energy conservation, make clear technical requirements of architectural energy conservation and the technical index of products in the design and construction bid documents and related contracts, provide design documents of working drawings that are qualified after examination in terms of energy saving to the unit in charge of construction and the monitoring unit, and organize for an acceptance check in the light of acceptance check regulations for the engineering quality of architectural energy conservation.

Article 10 The design unit shall design according to the standards of architectural energy conservation, ensure the design quality of architectural energy conservation, make clear the design contents of architectural energy conservation in the design scheme and design documents of working drawings, and provide design documents of working drawings that are qualified after examination in terms of energy saving to the unit in charge of construction.

Article 11 The examination organ of design documents of working drawings shall examine the contents of architectural energy conservation in examining the documents, and the letter of opinions issued by the organ should contain opinions on architectural energy conservation.

Article 12 In applying to the Municipal or the district or the county competent administrative department of construction for obtainment of the builder’s licence, the unit undertaking a project shall provide technical data concerning architectural energy conservation of the project whose design documents of working drawings have passed the examination.

Article 13 The unit in charge of construction shall operate in accordance with the design documents of working drawings that have passed the examination and with the standards of architectural energy conservation so as to guarantee the quality of the project of architectural energy conservation. The unit in charge of construction shall test the products of architectural energy conservation that have entered the construction site, and only after the products have passed the test can they be used.

Article 14 A recording system with regard to the techniques and products of architectural energy conservation shall be put in place in this Municipality.

Article 15 The monitoring unit shall monitor the project of architectural energy conservation by adopting the forms of standing aside, inspection tours, parallel tests and so on in accordance with the design documents of working drawings that have passed the examination and with the standards of architectural energy conservation.

For products of architectural energy conservation that have not been subject to the sample test or have failed the test, the monitoring engineer shall not sign the document of go-ahead to use the products. For a sub-section or sub-project of the project of architectural energy conservation that has not been subject to an acceptance check or has failed the check, the monitoring engineer shall not sign the document of “the quality of the project is up to the standard”.

Article 16 The quality supervision organ of construction projects shall strengthen supervision and check-up over the construction process of the project of architectural energy conservation and order the unit concerned to make corrections that fails to operate in accordance with the design documents of working drawings and with the standards of architectural energy conservation; and order the unit undertaking the project to re-organize for an acceptance check if the sub-section or sub-project of the project of architectural energy conservation has not been subject to an acceptance check.

Article 17 This Municipality shall put into practice a test system of energy saving performance of buildings. The Municipal competent administrative department of construction shall organize for the implementation of the specific work.

Article 18 The heat supply unit shall construct thermal source and direct heat supply pipeline and network systems and heat-exchange stations in accordance with the standards of architectural energy conservation, make clear technical requirements of architectural energy conservation and the technical index of products in the design and construction bid documents and related contracts, and organize for an acceptance check in the light of acceptance check regulations for heat supply projects.

Fee collection based on heat consumption shall be gradually put into practice in buildings that have reached the standards of architectural energy conservation.

Article 19 The real estate development enterprise shall announce at the conspicuous spot of the house-selling avenue the basic information of the energy saving measures, the warmth-keeping and heat insulating performance index of the building enclosure and corresponding protective requirements about the commercial houses to be sold, and clearly indicate the information in the instruction book on the use of commercial houses.

Article 20 This Municipality shall carry out energy saving renovation in a planned way for the existing buildings of high consumption of energy. The Municipal competent administrative department of construction shall work out energy saving renovation plans for the existing buildings, which shall be implemented by the district and county people’s governments after these plans are submitted to the Municipal People’s Government for approval.

Article 21 In energy saving renovation for the existing buildings, proper consideration shall be given to the life cycle of the buildings, scientific deliberation on the necessity and feasibility of renovation and the input-output ratio shall be conducted, and the use of renewable energy shall be taken into full account.

Energy saving renovation for the existing buildings should be carried out synchronically with energy saving renovation of the heating and heat supply systems; and renovation of urban old buildings should be carried out synchronically with renovation of architectural energy conservation.

Article 22 This Municipality shall allocate a special fund for energy saving renovation for the existing buildings in accordance with the provisions of Article 11 of The Energy Saving Law of the People’s Republic of China and Article 6 of the Regulations of Tianjin Municipality on Energy Saving.

Article 23 This Municipality encourages investment in energy saving renovation of buildings from various sources and through a variety of channels. The investor may share the proceeds from the energy saving renovation of buildings in accordance with the agreement.

Article 24 This Municipality popularizes new architectural structural systems including immediately depositing reinforced concrete framed structure and architectural high-strength steel and strong concrete, weight-bearing concrete building-block structure, steel structure, and weight-bearing combined wall structure; and promotes using aero-concrete products, concrete building-blocks, multi-functional light wallboards, and heavily doped waste-turned new materials for wall.

Article 25 It is prohibited to use wall materials made with clay as raw material in the areas stipulated by the Municipal People’s Government.

Article 26 The production unit of new materials for wall may apply for reduction and exemption of tax after preliminary examination and confirmation in accordance with relevant provisions.

Article 27 Where the unit undertaking construction projects, in violation of these Provisions, commits any one of the following acts, the competent administrative department of construction shall give corresponding administrative penalties:

(1) The unit that fails to entrust design in accordance with the mandatory standards of architectural energy conservation, arbitrarily revises the design documents of working drawings that have passed the examination, explicitly or implicitly instructs the design unit and the unit in charge of construction to violate the mandatory standards of architectural energy conservation and reduce the quality of construction projects, shall be ordered to make corrections within a definite time limit and be penalized in accordance with the provision of Article 56 of the Regulations on Quality Control of Construction Projects (Decree of the State Council, No. 279);

(2) The unit that fails to make clear technical requirements of architectural energy conservation and the technical index of products in the design and construction bid documents and related contracts shall be fined by 10,000 yuan up to 30,000 yuan;

(3) The unit that fails to organize for a special acceptance check on the quality of architectural energy conservation shall be penalized in accordance with the provision of Article 31 of the Provisions of Tianjin Municipality on Quality Control of Construction Projects; and

(4) The unit that uses clay bricks in construction projects in the area where the use of such bricks is prohibited by the stipulations of this Municipality shall be ordered to make corrections within a specific time limit; if the unit refuses to do so at the expiration of the time limit, a fine of 10,000 yuan up to 30,000 yuan shall be imposed thereupon.

Article 28 Where the design unit , in violation of these Provisions, fails to design in accordance with the engineering design standards of architectural energy conservation, the competent administrative department of construction shall order it to make corrections within a specific time limit and may inflict a penalty thereupon in accordance with the provision of Article 63 of the Regulations on Quality Control of Construction Projects.

Article 29 Where the examination organ of design documents of working drawings , in violation of these Provisions, commits any one of the following acts, the competent administrative department of construction shall order it to make corrections within a specific time limit and mete out corresponding administrative penalties; where the case is serious, the said department shall inform the organ that issues the qualification certificate for examining design documents of working drawings thereof and make it known to the public:

(1) The organ that fails to write a chapter on architectural energy conservation in its opinions of examination or fails to separately list the examination conclusion on architectural energy conservation in its opinions of examination shall be fined by 5,000 yuan up to 10,000 yuan; and

(2) The organ that fails to examine the engineering design of architectural energy conservation of the design documents of working drawings submitted by the unit undertaking projects, or issues a qualification certificate of examination for the design documents of working drawings that prove unqualified after examination shall be penalized by a fine of 10,000 yuan up to 30,000 yuan.

Article 30 Where the monitoring unit , in violation of these Provisions, signs for the unqualified product of architectural energy conservation as qualified, or signs as qualified in the document of the architectural energy conservation project that has failed to pass the acceptance check, the competent administrative department of construction shall order it to make corrections within a specific time limit and may inflict a penalty thereupon in accordance with the provision of Article 67 of the Regulations on Quality Control of Construction Projects.

Article 31 Where the unit in charge of construction , in violation of these Provisions, commits any one of the following acts, the competent administrative department of construction shall order it to make corrections within a specific time limit and mete out corresponding administrative penalties:

(1) For the unit that uses unqualified products of architectural energy conservation, and fails to operate in accordance with design documents of working drawings that are qualified after examination and with the standards of architectural energy conservation, a fine of two per cent up to four per cent of the contract cost of the project shall be imposed thereupon; where the quality of the construction project fails to meet the prescribed quality standard, the said unit shall be responsible for doing the job all over again and for maintenance and compensate for the loss thus incurred; where the case is serious, the said unit shall be ordered to suspend operation, and its qualification credentials shall be downgraded or its qualification certificate revoked; and

(2) The unit that fails to test the products of architectural energy conservation that have entered the construction site according to the norms shall be penalized in accordance with the provision of Article 65 of the Regulations on Quality Control of Construction Projects.

Article 32 For the unit of production or marketing that, in violation of these Provisions, provides products that fail to meet the standards of engineering construction of architectural energy conservation for the unit in charge of construction, the competent administrative department of construction shall order the unit to withdraw its products from the construction site.

Article 33 Registered architects, monitoring engineers and other practitioners who, in violation of these Provisions, cause quality accidents to projects of architectural energy conservation due to their faults shall be ordered to suspend practice for one year according to the law; where major quality accidents are caused, their professional qualification certificates shall be revoked and they are not allowed to register within five years; where the case is extraordinarily serious, they shall not be allowed to register for the whole life.

Where the penalty by way of a fine is inflicted upon the unit undertaking projects and upon units of design, construction, supervision, and monitoring in accordance with these Provisions, a fine of 5% up to 10% of the fine upon the unit shall be imposed upon the directly responsible person(s) in charge of the unit and other directly responsible person(s).

Article 34 Functionaries of management departments and organs responsible for activities of architectural energy conservation that abuse their powers and functions, neglect their duties, and engage in malpractice for personal interests in management shall be given administrative sanctions; where their offence is so serious as to constitute a crime, they shall be investigated for criminal responsibilities according to the law.

Article 35 These Provisions shall come into effect as from 1 January 2007.