Measures of Shanghai Municipality on the Administration of Construction Engineering Inspection
Article 1 (Purpose and Basis)
In order to standardize the inspection activities of construction projects in this Municipality and ensure the quality and safety of construction projects, these measures are formulated in accordance with the Regulations on the Quality Management of Construction Projects and other relevant laws and regulations, and combined with the actual situation of this Municipality.
Article 2 (Scope of Application)
These Measures shall apply to the inspection of construction projects and related supervision and management activities within the administrative area of this Municipality.
Article 3 (Definitions)
The term "construction engineering testing" as mentioned in these Measures refers to the activities of construction engineering testing institutions entrusted to test the quality, safety and use function of raw materials, intermediate products, equipment and components used in construction engineering entities and construction projects.
Article 4 (Administrative Department)
The municipal construction administrative department is the comprehensive supervision and management department of the city's construction engineering testing activities, and is responsible for the supervision and management of related professional construction engineering testing activities, and performs the following duties:
(a) to organize the formulation of local technical standards for construction engineering testing;
(two) to guide and coordinate the supervision and management of the relevant administrative departments of this Municipality on the inspection activities of professional construction projects;
(three) supervision and management of housing construction projects, municipal infrastructure projects and highway engineering testing activities.
Municipal administrative departments of port, water, ocean, greening, civil defense, housing management, etc. In accordance with the division of responsibilities, be responsible for the supervision and management of related professional construction engineering testing activities.
District and county construction administrative departments and other relevant departments shall be responsible for the supervision and management of construction engineering testing activities within their respective administrative areas in accordance with the division of responsibilities.
The administrative departments of development and reform, finance, quality and technical supervision of this Municipality shall, within the scope of their respective duties, coordinate the implementation of these measures.
Article 5 (Trade Associations)
Shanghai Construction Engineering Testing Industry Association (hereinafter referred to as the Testing Industry Association) is a self-regulatory organization of construction engineering testing institutions and testers, which formulates industry self-regulatory norms according to law, carries out industry training and the construction of industry credit system, and safeguards the legitimate rights and interests of its members. For members who violate the industry self-discipline norms, the testing industry association may take corresponding disciplinary industry self-discipline measures according to its articles of association.
The municipal construction administrative department shall guide and supervise the business activities of testing industry associations.
Article 6 (Principles of Testing Activities)
Engaged in construction engineering testing activities, should abide by the relevant laws, regulations, rules and mandatory technical standards, follow the principles of science, standardization, objectivity and impartiality.
Article 7 (Detection Information System)
This Municipality shall establish a unified construction engineering inspection information management system (hereinafter referred to as the inspection information system). According to relevant laws, regulations, rules and technical standards, the statutory inspection items of construction projects shall be implemented, and the inspection institutions shall carry out inspection through the inspection information system. Chapter II Inspection Entrustment
Article 8 (Qualification of Testing Institutions)
Testing institutions shall obtain corresponding qualifications in accordance with the relevant provisions of the state and engage in testing activities within the scope approved by the qualification certificate. The testing institution shall have the equipment, software and network conditions for using the testing information system.
The municipal construction administrative department or other relevant departments may entrust the testing industry association to conduct on-site verification of the qualification conditions of testing institutions.
It is forbidden to alter, resell, lease, lend or illegally transfer the qualification certificate in other forms.
Article 9 (Filing by Testing Institutions in Other Provinces and Cities)
Testing institutions from other provinces and cities engaged in construction engineering testing activities in this Municipality shall file with the municipal construction administrative department or other relevant departments.
Article 10 (Testing Practitioners)
Professional and technical personnel engaged in construction engineering testing activities (hereinafter referred to as testing professional and technical personnel) shall obtain professional qualifications or pass the examination of testing industry associations in accordance with the relevant provisions of the state and this Municipality. The provisions of the examination of professional and technical personnel in this Municipality shall be formulated separately by the municipal construction administrative department.
Testing professional and technical personnel, including testing personnel of testing institutions, testing witnesses of supervision units or construction units and sampling personnel of construction units.
Testing institutions shall designate testing personnel with corresponding professional qualifications or passing the examination to carry out testing.
Article 11 (Entrusted Testing Business)
The construction unit or the construction unit shall entrust a testing institution with corresponding qualifications for testing.
The supervision unit shall entrust the inspection work in the parallel inspection of supervision to a testing institution with corresponding qualifications. The proportion of parallel detection of supervision units shall comply with the relevant provisions of the state; If there are no provisions in the state, it shall comply with the provisions of the municipal construction administrative department.
Testing institutions shall not transfer the testing business of construction projects.
Article 12 (Revocation)
Testing institutions shall not have subordinate relations or other interest relations with the construction units, design units, construction units and supervision units related to the tested projects.
In the same construction project or bid section, the testing institution shall not accept the testing entrustment of two or more parties, such as the construction unit, the construction unit or the supervision unit.
Article 13 (Testing Contract and Filing)
If the entrusting party entrusts a testing institution to carry out construction project testing, it shall sign a written testing contract. This Municipality encourages the parties to the testing contract to use the model text of the testing contract.
The testing institution shall, within 20 days after the signing of the testing contract, report the contract to the construction administrative department or other relevant departments for the record; If the main contents of the test contract are changed, it shall, within 20 days after the change of the contract, go through the change filing with the original contract filing department.
Article 14 (Testing Fees)
The construction unit shall, when preparing the budgetary estimate and budget of the construction project, make clear the inspection fee of the construction project, and collect it separately in the special account of the construction project in accordance with the regulations. The inspection fee shall not be used for other purposes.
The construction unit shall pay the inspection fee according to the inspection fee payment conditions agreed in the inspection contract and the settlement voucher generated by the inspection information system. Chapter III Test Code of Conduct
Article 15 (Witness Sampling)
The sampling personnel of the construction unit shall, in accordance with the technical standards, take or make inspection samples of raw materials and intermediate products entering the construction site.
The sampling and production of samples on the construction site and the on-site inspection of construction engineering entities shall be carried out under the supervision of the supervision unit or the witness of the construction unit in accordance with the regulations.
Article 16 (Unique Identification Marks)
When extracting and making test samples, the witness of the supervision unit or the construction unit shall post or embed a unique identification mark on the test samples, and input the test sample information into the test information system on the spot. Unique identification marks are uniformly distributed and registered by testing industry associations.
The construction unit shall, in accordance with the requirements of technical standards, send the test samples to the testing institutions for testing, and shall not damage the unique identification marks.
When receiving the test sample, the testing institution shall compare the information of the unique identification mark through the testing information system. If the comparison information is inconsistent, the testing institution shall refuse to accept the test sample.
Article 17 (System Control Requirements)
Testing institutions shall conduct testing according to the control method set by the testing information system, and shall not interfere with the testing process artificially.
When testing institutions conduct on-site testing on construction project units, they shall enter the testing plan into the testing information system before testing.
Article 18 (Operating Requirements of Testers)
Testers shall conduct tests according to the test operating procedures.
The same testing item shall be tested by at least two registered testing personnel. Testing personnel shall be responsible for the standardization of testing operations and the authenticity and accuracy of original records.
Article 19 (Test Report)
The testing institution shall issue a testing report through the testing information system.
After the inspection report is signed by the inspection personnel, it shall be signed by the legal representative of the inspection institution or its authorized personnel, and stamped with the official seal or special seal of the inspection institution.
Test reports shall be numbered consecutively by year and project, and shall not be withdrawn or altered at will. The test report shall indicate the names of witness units and sampling units, as well as the names and qualification certificate numbers of witness personnel and sampling personnel.
The test report shall be filed by the construction unit after it is confirmed by the supervision unit or the construction unit. The supervision parallel inspection report shall be filed by the supervision unit as the supervision work data.
Article 20 (Retention of Test Samples)
The testing institution shall keep the testing samples in accordance with the requirements of environment, quantity and time specified in relevant technical standards.
Article 21 (Forgery of test data and test reports is prohibited)
Construction, supervision, construction units or testing institutions and their testing personnel are prohibited from forging test data and test reports.
It is forbidden for construction, supervision or construction units to require testing institutions to forge test data and test reports.
Article 22 (Archives Management of Testing Institutions)
Testing institutions shall establish a management system for testing files.
The testing institution shall separately establish a ledger of unqualified items in the test results.
For inspection items involving the quality and safety of construction engineering structures, the preservation period of inspection files shall not be less than 10 year. Other testing files shall be kept for a period of not less than 5 years.
Article 23 (Handling of Testing Disputes)
If the interested parties of the test results disagree with the test results, both parties shall go to the recognized testing institution for re-inspection. The results of reinspection shall be reported to the construction administrative department or other relevant departments for the record by the party proposing reinspection. Chapter IV Supervision and Administration
Article 24 (Supervision and Inspection)
The construction administrative department and other relevant departments shall supervise and manage the inspection activities of construction projects according to law.
Construction administrative departments and other relevant departments may carry out supervision and inspection through supervision and inspection, information system monitoring and special inspection.
Article 25 (Supervision and Inspection)
The construction administrative department or other relevant departments shall conduct supervision and inspection by means of blind sample inspection. The supervision and inspection fees shall be allocated by the finance at the same level, and shall not be charged separately.
Involving the supervision and inspection of the quality and safety of construction projects, the inspection proportion shall not be less than 5% of the total inspection amount of construction projects in the previous year.
The administrative department in charge of construction or other relevant departments shall not entrust an inspection agency that has already carried out inspection on construction engineering entities to carry out supervision and inspection.
Article 26 (Dynamic Supervision of Qualification)
Construction administrative departments or other relevant departments in the supervision and inspection found that testing institutions no longer meet the corresponding qualifications, it shall be ordered to make corrections within a time limit; If no correction is made within the time limit, the qualification licensing department shall lower its qualification level or revoke its qualification certificate.
Article 27 (Reporting System)
Any unit or individual shall have the right to report to the construction administrative department or other relevant departments when discovering illegal acts in construction project supervision activities. The construction administrative department or other relevant departments shall accept it and verify it in time. The verification and processing results shall be informed to the informants.
Article 28 (Credit Management)
Construction administrative departments and other relevant departments shall record the credit information of all units and professional and technical personnel involved in testing activities. Relevant information shall be disclosed to the public by the municipal construction administrative department in accordance with the provisions.
The municipal administrative department of construction and other relevant departments shall implement classified management in accordance with the principle of honesty reward and dishonesty punishment, reward the units and personnel involved in the trustworthiness testing activities in terms of qualification management, commendation and evaluation, and punish the units and personnel who are untrustworthy. Chapter V Legal Liability
Article 29 (Other applicable penalties)
In violation of the provisions of these measures, other laws and regulations have been punished, from its provisions.
Thirtieth (Punishment for Engaging in Testing Activities without Obtaining Qualification)
In violation of the provisions of the first paragraph of Article 8 of these measures, those who have not obtained the corresponding qualifications to engage in testing activities shall be ordered by the construction administrative department or other relevant departments to make immediate corrections, and shall be fined more than 30,000 yuan 1 10,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 654.38+10,000 yuan shall be imposed.
Article 31 (Penalties for Testing Institutions)
In violation of the provisions of these measures, in any of the following circumstances, the construction administrative department or other relevant departments shall order it to make corrections within a time limit and impose a fine of more than 30,000 yuan 1 10,000 yuan; If the circumstances are serious, a fine of 30,000 yuan or more and 654.38+10,000 yuan or less shall be imposed:
(1) Violating the provisions of Article 7, Paragraph 3 of Article 16 and Paragraph 1 of Article 17, failing to use the detection information system or using the detection information system is not in conformity with the provisions;
(two) in violation of the provisions of the third paragraph of Article 8, alter, resell, lease, lend or illegally transfer the qualification certificate in other forms;
(three) in violation of the provisions of the third paragraph of article tenth, the inspection personnel who have not obtained the inspection qualification or passed the inspection professional training are assigned to carry out the inspection;
(four) in violation of the provisions of the third paragraph of article eleventh, the transfer of testing business;
(five) in violation of the provisions of article twentieth, not in accordance with the provisions of the lien test samples;
(six) in violation of the provisions of article twenty-second, the management of testing files does not meet the requirements, resulting in untraceable testing data.
In violation of the provisions of these measures, any of the following circumstances shall be ordered by the construction administrative department or other relevant departments to make corrections within a time limit; If no correction is made within the time limit, a fine of 1 10,000 yuan but not more than 30,000 yuan shall be imposed:
(a) in violation of the provisions of the first paragraph of article nineteenth, failed to pass the inspection report issued by laboratory information system;
(two) in violation of the provisions of the second paragraph of article nineteenth, the test report was not signed and sealed.
Article 32 (Punishment for Forging Test Data or Test Report)
In violation of the provisions of the first paragraph of Article 21 of these measures, construction, supervision, construction units, testing institutions or testing personnel forge test data or test reports, the construction administrative department or other relevant departments shall order it to make corrections within a time limit and impose a fine of more than 30,000 yuan 1 10,000 yuan; If the circumstances are serious, a fine of not less than 30,000 yuan but not more than 654.38+10,000 yuan shall be imposed.
Article 33 (Penalties for Construction, Construction and Supervision Units)
In violation of the provisions of these measures, the relevant units in any of the following circumstances shall be ordered by the construction administrative department or other relevant departments to make corrections within a time limit and impose a fine of 30,000 yuan to 65,438 yuan; If the circumstances are serious, a fine of 30,000 yuan or more and 654.38+10,000 yuan or less shall be imposed:
(a) in violation of the provisions of the first paragraph and the second paragraph of Article 11, the construction, construction or supervision unit entrusts a testing institution that has not obtained the corresponding qualification for testing;
(two) in violation of the provisions of the second paragraph of article fifteenth, the supervision unit or the construction unit did not carry out the test witness in accordance with the provisions;
(three) in violation of the provisions of the second paragraph of article sixteenth, the construction unit fails to send the test samples to the testing institutions for testing as required;
(four) in violation of the provisions of the second paragraph of article twenty-first, the construction, supervision or construction unit requires the testing institution to forge the test data or test report.
Article 34 (Penalties for Failure to Pay Inspection Fees)
In violation of the provisions of the fourteenth paragraph of these measures, if the construction unit fails to pay the inspection fee separately in the special account for construction projects, the construction administrative department or other relevant departments shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine ranging from 654.38+0,000 yuan to 654.38+0,000 yuan may be imposed, and the main person in charge of the unit may be fined from 5,000 yuan to 20,000 yuan.
Article 35 (Penalties for Testing Professional and Technical Personnel)
Detection of professional and technical personnel in violation of the provisions of these measures, the construction administrative department or other relevant departments shall order it to make corrections within a time limit and impose a fine of 654.38 million yuan or more and 654.38 million yuan or less:
(a) in violation of the provisions of the first paragraph of article fifteenth, the sampling personnel did not take or make inspection samples in accordance with the technical standards;
(two) in violation of the provisions of the first paragraph of article sixteenth, the witness fails to post or embed the unique identification mark in accordance with the provisions;
(three) in violation of the provisions of article eighteenth, the inspection personnel did not carry out the inspection in accordance with the provisions.
Article 36 (Handling of Administrative Personnel)
The staff of the construction administrative department or other relevant departments in violation of the provisions of these measures, in any of the following circumstances, shall be given administrative sanctions by their units or the higher authorities according to law:
(a) failing to perform the duties of supervision and inspection in accordance with the provisions of these measures;
(2) Failing to investigate and deal with illegal acts in time, or shielding or conniving at illegal acts, resulting in consequences;
(three) the illegal implementation of administrative punishment;
(four) other dereliction of duty, abuse of power, corruption. Chapter VI Supplementary Provisions
Article 37 (Examination and Approval of Application for Qualification of Testing Institutions)
The application and approval of the qualification of testing institutions shall be implemented in accordance with the relevant provisions of the state.
Article 38 (Internal Laboratory of Enterprise)
These Measures are applicable to the testing behavior of internal laboratories of commercial concrete, mortar, prefabricated components, building energy-saving materials and other building materials production units.
Article 39 (Effective Date)
These Measures shall come into force as of 201121.
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