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No. 265 Order of Wuhan Municipal People’s Government
    2017-03-10

 

It is hereby promulgated that the Measures of Wuhan Municipality for the Supervision and Control of Engineering Quality and Work Safety of Transport Projects have been adopted at the 133rd Executive meeting of Wuhan Municipal People’s Government on June 15, 2015, and shall be implemented as of September 1, 2015.

 

 

Mayor: Wan Yong

July 14, 2015


Measures of Wuhan Municipality for the Supervision and Control of Engineering Quality and Work Safety of Transport Projects

 

Chapter One   General Provisions

Article 1   In order to strengthen the supervision and control of and guarantee the engineering quality and work safety of transport projects in the whole city, and protect the life and property safety of the masses, these Measures are formulated in accordance with to the provisions of relevant laws and regulations, and in the light of the actual situation in this Municipality.

Article 2         These Measures are applicable to the supervision and control of engineering quality and work safety of transport projects within the administrative areas of this Municipality.

“Transport projects” as used in these Measures refers to the new construction, reconstruction, extension, maintenance and overhaul of highways and ancillary facilities, and ports, channels, navigation-aid facilities, navigation buildings (structures), ship-repair (-making) hydraulic structures as well as the supporting systems, and auxiliary and ancillary facilities under the supervision and control of the competent administrative departments of transportation.

Article 3         The Municipal People’s Government and the people’s governments at the district level which owns the administrative power of transport projects shall strengthen their leadership in the supervision and control of engineering quality and work safety of transport projects, establish and improve their supervision and control systems thereof and incorporate the funds required for the preceding supervision and control work into their fiscal budgets.

Article 4          The competent municipal and district administrative departments of transportation shall, in line with their respective responsibilities, exercise supervision and control over the engineering quality and work safety of transport projects within their respective administrative areas, and may entrust their affiliated agencies in charge of the supervision and control of engineering quality and work safety of transport projects to undertake the specific supervision and control work thereof (the foregoing authorities exercising the power of supervision and control of engineering quality and work safety of transport projects are collectively referred to as the “administrations of engineering quality and work safety of transport projects” hereunder).

The departments of development and reform, urban-rural construction, finance, quality supervision, and the safety supervision shall, in line with their respective responsibilities, perform their work related to the supervision and control of engineering quality and work safety of transport projects according to law.

Article 5   For the supervision and control of engineering quality and work safety of transport projects, the principles of supervision according to law, hierarchical responsibility system, quality and safety first shall be followed.

Article 6          Under a transport project, the developer is mainly responsible for the engineering quality and work safety control; the survey / design unit is responsible for the survey / design quality and safety; the construction unit is responsible for the construction quality and safety; the supervision unit is responsible for the site control of engineering quality and work safety; the test / inspection unit is responsible for the test and inspection data and the corresponding conclusions; and other relevant units and employees are responsible for the engineering quality and work safety according to the legal provisions and the contracts.

 

Chapter Two   Quality Control

Article 7      The developer of a transport project shall invite for bid according to law. It is forbidden to contract out a project to a contractor without the corresponding qualifications.

Article 8          A survey / design unit shall establish and improve its quality assurance system to strengthen the quality control of the whole survey / design process, and carry out scheme comparison from the aspects of site conditions, engineering characteristics, hydrogeologic conditions and construction difficulty, so as to select an optimal scheme based on the principles of safety, reliability, economic feasibility and convenient construction.

Article 9          A supervision unit shall work out the engineering supervision rules based on the requirements of the relevant technical standards, the design documents and the supervision contract, and with consideration of the engineering characteristics, and adopt site supervision, patrol and other manners in its engineering quality supervision.

A supervision unit shall review the construction organization design and the overall schedule prepared by a construction unit, verify the drawings and the bill of quantities, urge the construction unit to establish and improve its quality assurance system and inspect whether such system is followed during construction.

A supervision unit shall, as provided in the supervision contract, assign supervisors with corresponding qualifications to exercise site supervision. Change of the supervisors by a supervision unit shall be in line with the conditions specified in the supervision contract and is subject to the approval of a developer.

Once an administration of engineering quality and work safety of transport projects, during its daily supervision and inspection, finds out that a supervisor does not have the corresponding qualifications or is not competent for the supervision work, it shall require the supervision unit to replace such supervisor.

Article 10     With regard to bridges, tunnels and ports whose structure is complicated, as well as transport projects in which new structures, new materials, new processes, new technologies or new equipment are used, a developer shall entrust a monitoring unit with the corresponding qualification grade to be responsible for construction monitoring.

A monitoring unit shall strictly abide by the monitoring contract, keep the monitoring information well, and submit it to a developer.

Article 11       A construction unit shall establish and improve its quality assurance system and practice a quality responsibility system to ensure the engineering quality.

A construction unit shall, as provided in the construction contract, assign personnel with corresponding qualifications to exercise construction management. Change of the management personnel by a construction unit shall be in line with the conditions specified in the construction contract and is subject to the approval of a developer.

Once an administration of engineering quality and work safety of transport projects, during its daily supervision and inspection, finds out that a person in charge of construction management does not have the corresponding qualifications or is not competent for the management work, it shall require the construction unit to replace such person.

Without signing of a project supervision engineer for confirmation, a construction unit is forbidden to use or install any building materials, building components or accessories, or equipment under a project or to proceed to a further construction procedure.

Article 12       A test / inspection unit shall have the corresponding qualification grade and be engaged in test and inspection within the scope matched to its qualification grade. A test and inspection report formulated by a test / inspection unit within the allowable scope matched to its qualification grade is a basis of engineering quality evaluation and final acceptance of a transport project.

Article 13       A test / inspection unit shall independently carry out test and inspection according to the technical standards and codes to ensure that the objectivity, fairness and accuracy of its data.

A test / inspection unit shall not commit the following acts:

(1)   engaged in test and inspection businesses without acquiring the necessary qualifications or beyond the allowable scope matched to its qualification grade;

(2)   altering, reselling, leasing, lending or transferring its qualification certificate;

(3)   outsourcing or illegally sub-contracting its test and inspection businesses;

(4)   accepting entrustment from several parties under the same lot of a transport project, for example, from both the construction unit and the supervision unit;

(V)  fabricating or falsifying the test and inspection data, or issuing the false report or conclusions; or

(VI) other act prohibited by laws, regulations and rules.

Article 14       A test / inspection unit may, according to the relevant provisions, set up a temporary laboratory on the construction site to carry out the corresponding tests and inspections, and shall be responsible for the test and inspection data and conclusions.

Article 15     A developer shall go through the formalities for quality supervision and control within 30 working days before commencement of the works. The following materials shall be submitted for the foregoing formalities:

(1) a written application for quality supervision and control;

(2) project approval document;

(3) copies of the project survey / design, construction and supervision contracts;

(4) licenses and qualification certificates of the units and key persons concerned;

(5) construction design documents and drawings that have been approved; and

(6) other materials specified by laws, regulations and rules.

For a project in line with the required construction procedures, an administration of engineering quality and work safety of transport projects shall issue a notice of quality supervision and control within 15 working days as of receipt of the application. For a project not in line with the required construction procedures, an administration of engineering quality and work safety of transport projects shall refuse to issue a notice of quality supervision and control and inform the applicant in writing of the reason.

The period of quality supervision and control of a transport project is from the date of issue of the notice of quality supervision and control to the date of final acceptance.

Article 16       Once an administration of engineering quality and work safety of transport projects finds out that a transport project may have quality problems which are subject to verification, it shall entrust a test / inspection unit with the corresponding qualification grade to conduct the tests and inspections.

Article 17       After the completed concealed works of a transport project that may affect the structural safety, such as the roadbed, base course, pile foundation, foundation pit, primary tunnel lining, or the major structure of ancillary facilities, have passed the self-inspection of the construction unit and the spot inspection of the supervision unit, the developer shall apply to an administration of engineering quality and work safety of transport projects for quality inspection before intermediate acceptance; and the latter shall conduct inspection within 15 working days as of receipt of the written application.

Only after the concealed works have passed the intermediate acceptance may a construction unit proceed to the next construction procedure.

Article 18   A construction project shall have quality inspection for final acceptance.

An administration of engineering quality and work safety of transport projects shall, within 30 working days as of receipt of the written application for handover inspection filed by a developer, entrust according to law a test / inspection unit with the corresponding qualifications to conduct quality inspection and to issue a written report within 30 working days after completion of the inspection. The relevant inspection cost shall be listed under the project overheads and be borne by a developer.

A transport project that does not receive or fails to pass the quality inspection shall not go through the procedures for final acceptance. A transport project that does not receive or fails to pass the final acceptance shall not be delivered for use.

 

Chapter Three   Safety Control

Article 19   A developer shall be mainly responsible for the work safety of a transport project. It shall, in accordance with the provisions of laws, regulations and rules on work safety, strengthen its safety control by establishing a work safety responsibility system and setting up a dedicated office for safety control, and shall, as specified by relevant standards and codes, improve the work conditions to ensure work safety. Meanwhile, it shall report the information on project safety control to an administration of engineering quality and work safety of transport projects as provided.

A developer, while preparing the tender documents, shall determine the project expenses necessary for safety facilities and equipment, safe operating environment and safety measures. Such expenses shall be used for work safety only, and be paid by a developer after the chief supervision engineer has signed to confirm the work safety .

Article 20       A developer shall go through the formalities for safety supervision and control within 30 working days before commencement of the works. The following materials shall be submitted for the foregoing formalities:

(1) a written application for safety the supervision and control;

(2) a statement of the site safety conditions;

(3) the basic information of safety supervisors respectively from the developer, the survey / design unit, the supervision unit and the test / inspection unit; the basic information of safety supervisor and full-time safety personnel from the construction unit;

(4) copies of the work safety contract and the safety responsibility commitment;

(5) construction organization design and safety measures;

(6) a brief of safety supervision work and supervision procedures; and

(7) other materials specified by laws, regulations and rules.

For a project with the required work safety conditions, an administration of engineering quality and work safety of transport projects shall issue a notice of safety supervision and control within 15 working days as of receipt of the application. For a project without the required work safety conditions, an administration of engineering quality and work safety of transport projects shall refuse to issue a notice of safety supervision and control and inform the applicant in writing of the reason.

The period of safety supervision and control of a transport project is from the date of issue of the notice of safety supervision and control to the date of final acceptance.

The formalities for safety supervision and control of a transport project under this Article may be fulfilled along with the formalities for quality supervision and control.

Article 21       A survey unit shall take necessary measures to ensure its work safety and put forward according to its survey results the prevention and control suggestions for geological disasters that may endanger the work safety of a transport project.

In the event of any inconsistency arising during construction between the actual geological or topographic conditions and the original design, a design unit shall timely improve its design scheme to meet the practical conditions of a transport project and the demands of work safety, so as to ensure the structural safety and site safety.

Article 22       A supervision unit shall establish and improve its safety supervision responsibility system and designate a supervisor to be specifically in charge of safety supervision.

A supervision unit shall work out a safety supervision plan and submit the safety supervision logs and monthly supervision reports.

A supervision unit shall check the working conditions and safety measures of a construction unit. For a transport project with greater safety risks, a supervision unit shall review the special construction scheme for work safety, check the safety measures, and assign a supervisor to be specifically in charge of site supervision.

Once a supervision unit finds out any hidden danger during its supervision, it shall require a construction unit to take corrective measures, or if the case is serious, it shall order a construction unit to suspend construction. If a construction unit refuses to take corrective measures or to suspend construction, a supervision unit shall timely report to a developer and an administration of engineering quality and work safety of transport projects.

Article 23       A construction monitoring unit shall give safety pre-warnings on the construction procedures involving structural safety. Whoever finds out any hidden danger during its monitoring, it shall timely inform a developer, design unit, construction unit and supervision unit and propose its correction suggestions to a developer. A developer shall require a construction unit to workout a correction scheme based on the correction suggestions, and for a major hidden danger, shall organize experts to verify the correction scheme.

Article 24       A construction unit shall be responsible for the work safety of a transport project. It shall obtain the qualification certificate of the corresponding grade according to law, establish and improve its work safety responsibility system, set up a management office with full-time personnel to control the work safety, and formulate and strictly implement the work safety rules and procedures.

Article 25       A construction unit shall use safety appliances, mechanical equipment, and construction machines, tools and accessories that meet the requirements on work safety, designate personnel to be in charge of periodic inspection and maintenance as well as file management, so as to ensure the normal performances of the equipment.

Lifting facilities that need site assembly or erection by a construction unit, such as hoisting machinery, unitary lifting scaffold, slip or climbing formwork, bridge girder erecting machine, or underground or underwater operating equipment shall be put into use only after passing the acceptance according to law. Special equipment shall be put into use only after fulfilling the relevant licensing formalities according to the provisions of the Law of the People’s Republic China on the Safety of Special Equipment.

Article 26   If a transport project involves highly dangerous works, such as deep foundation pit, underground excavation, huge formwork, or underwater operation, the construction unit shall formulate a special construction scheme for work safety, which shall be verified by experts.

A construction unit shall inform a supervision unit before commencement of the works specified in the preceding paragraph and start construction only after the supervision unit issues a commencement order, and shall designate full-time personnel to be specifically in charge of site safety control.

Article 27       A construction unit shall guarantee the input of fund required by its work safety and ensure its effective use, and shall make a detailed record on the input and use of various expenses for work safety.

A construction unit shall strengthen its management over the expense accounts for work safety and designate personnel to be specifically in charge of account management. The expense accounts for work safety shall be authentic, clear and complete.

Article 28      The developer, construction unit, supervision unit, and test / inspection unit involved in a transport project shall offer their employees the education and trainings on work safety, so as to ensure that the employees have the necessary knowledge of work safety, understand the relevant rules and procedures on work safety, and master the occupational skills for safe operation.

Article 29       The main leaders, the project leaders and the full-time personnel in charge of safety control of a construction unit shall receive safety education and trainings, and obtain through examinations the qualification certificate for work safety issued by the competent department.

Personnel engaged in special works must, before formal induction, receive special safety trainings and obtain the qualification certificate for the operation of special works as provided by the laws and regulations of the State.

Article 30       The developer, construction unit and supervision unit of a transport project shall work out and improve their emergency plans for work safety accidents based on the characteristics of their project and organize periodic drills.

Article 31       In the event of a work safety accident under a transport project, the relevant responsible unit shall immediately initiate the emergency plan and go through the legal procedures of report. An administration of engineering quality and work safety of transport projects shall immediately arrive at the site of accident and then investigate and deal with the accident according to law.

 

Chapter Four   Supervision and Inspection

Article 32       An administration of engineering quality and work safety of transport projects shall establish and improve its administrative system, and supervise and examine whether the developer, survey / design unit, supervision unit, construction unit and test / inspection unit of a transport project abide by the relevant laws and regulations and the mandatory standards for engineering construction.

Article 33       An administration of engineering quality and work safety of transport projects shall strengthen their supervision and control by applying information technologies and using remote video monitoring or other approaches.

Article 34       An administration of engineering quality and work safety of transport projects shall, while performing their responsibilities of supervision and control over a transport project,have the right:

(1) to require the inspected to provide documents and materials related to engineering quality and work safety and to take photos and video on all parts of the transport project;

(2) to order the inspected to make corrections once any problem affecting the engineering quality is ascertained, or to order the inspected to remedy the unqualified works within a prescribed time limit;

(3) to order the construction unit to correct immediately or within a prescribed time limit its construction act that may cause work safety accidents or that violates the provisions on work safety; and if the work safety cannot be ensured, to order the construction unit to withdraw its construction personnel from the dangerous zone or to suspend its construction;

(4) to propose to a competent administrative department to detain temporarily or revoke according to law the work safety license of a unit who fails to maintain its work safety conditions; and

(5) in the event of a serious violation of the provisions of these Measures, to have conversations with the legal representative and the relevant persons-in-charge of the relevant unit, and to propose to a competent administrative department to lower the qualification grade or revoke the qualification certificate of the relevant unit according to law.

Article 35       An administration of engineering quality and work safety of transport projects shall establish a credit management system and an integrity file system, record the credit information of the units and employees engaged in transport projects and regularly publicize these information, incorporate the units and employees with poor credit record into the “blacklist” and restrict according to law their involvement into the transport projects of this city.

 

Chapter Five   Legal Responsibilities

Article 36   A supervision unit who violates the provisions of these Measures shall be punished as follows:

(1) Whoever violates the third paragraph of Article 9 of these Measures shall be ordered to make corrections within a prescribed time limit and a fine of not less than RMB 5,000 but not more than RMB 10,000 shall be imposed concurrently; and

(2) Whoever, in violation of the fourth paragraph of Article 22 of these Measures, fails to timely urge a construction unit to remedy the hidden danger that may affect the engineering quality and work safety, shall be ordered to make corrections within a prescribed time limit, and a fine of not less than RMB 5,000 but not more than RMB 10,000 shall be imposed concurrently.

Article 37       A construction unit who violates the provisions of these Measures shall be punished as follows: 

(1) Whoever violates the second paragraph of Article 11 of these Measures shall be ordered to make corrections within a prescribed time limit, and a fine of not less than RMB 5,000 but not more than RMB 10,000 shall be imposed concurrently; and

(2) Whoever violates the fourth paragraph of Article 11, the second paragraph of Article 17 and the second paragraph of Article 26 of these Measures shall be ordered to make corrections within a prescribed time limit, and a fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed concurrently.

Article 38     A test / inspection unit who violates the provisions of these Measures shall be punished as follows: 

(1) Whoever violates Item (1) or (2) of the second paragraph of Article 13 of these Measures shall be ordered to make corrections within a prescribed time limit, and a fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed concurrently; and

(2) Whoever violates Item (3), (4) or (5) of the second paragraph of Article 13 of these Measures shall be ordered to make corrections within a prescribed time limit, and a fine of not less than RMB 5,000 but not more than RMB 10,000 shall be imposed concurrently.

Article 39       A developer who, in violation of the provisions of these Measures, fails to fulfill the formalities for safety supervision and control, shall be ordered to make corrections within a prescribed time limit, and a fine of not less than RMB 10,000 but not more than RMB 20,000 shall be imposed concurrently.

Article 40       An administrative authority or any of its functionaries who neglects duties, abuses power or engages in malpractices for personal gains during its supervision and control of engineering quality and work safety of transport projects shall be given an administrative sanctions according to law; if a crime is constituted, the criminal responsibilities shall be investigated according to law.

Article 41     Administrative penalties due to the violations of these Measures shall be given by a competent administrative department of transportation or its authorized administration of engineering quality and work safety of transport projects.

Violations of other provisions of these Measures shall be punished according to the provisions of relevant laws, regulations and rules.

 

Chapter Six       Supplementary Provisions

Article 42       These Measures shall come into force as of September 1, 2005.

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