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Ministry of housing and urban rural development of the people's Republic of China

Legal Affairs Office of the State Council at 14:45, October 15, 2017【 large ? in ? Small [Print] [I want to correct]

In order to strengthen the safety management of high-risk divisional and sub divisional works and effectively prevent production safety accidents, our department has drafted the safety management regulations for divisional and sub divisional works with greater risk (Draft for comments), and now it is open to the public for comments. The public can put forward their opinions through the following channels and ways before October 7, 2017:

1. Log in to the legal information network of the Chinese government( www.chinalaw.gov.cn ), enter the "legislative opinions collection" column of the main menu on the home page to put forward opinions.

2. Email: liujh@mail.cin.gov.cn

3. Mailing address: Department of laws and regulations of the Ministry of housing and urban rural development, No.9 Sanlihe Road, Haidian District, Beijing (postal code: 100835), and please mark on the envelope the words "soliciting opinions on safety management regulations for divisional and sub divisional works with greater risk".

4. Fax comments and suggestions to 010-58934450.

Ministry of housing and urban rural development
September 7, 2017

Regulations on safety management of divisional and subdivisional works with high risk (Draft for comments)

general provisions

Article 1 (purpose and basis) in order to strengthen the safety management of divisional and sub divisional works with high risk and effectively prevent production safety accidents, these Provisions are formulated in accordance with the construction law of the people's Republic of China, the production safety law of the people's Republic of China, and the regulations on the administration of production safety of construction projects.

Article 2 (scope of application) the provisions are applicable to the safety management of divisional and subdivisional works with greater risk in housing construction and municipal infrastructure projects.

Article 3 (definition) the sub divisional and sub divisional works with greater risk (hereinafter referred to as "hazardous and major projects") as mentioned in these Provisions refer to the divisional and sub divisional works that are likely to cause casualties and injuries to people during the construction of housing construction and municipal infrastructure projects.

The scope of large and dangerous projects and those exceeding a certain scale shall be formulated by the competent department of housing and urban rural construction under the State Council.

The provincial authorities in charge of housing and urban and rural construction may, in combination with the actual situation of the region, supplement the scope of major and dangerous projects in the region and make it known to the public.

Article 4 the safety supervision department of the State Council shall be responsible for the safety supervision of major urban and rural construction projects.

The competent housing and urban rural construction departments of the local people's governments at or above the county level shall be responsible for the safety supervision and management of major and dangerous projects within their respective administrative areas.

Chapter II early guarantee

Article 5 (requirements of the construction unit) the construction unit shall provide the survey, design, construction and supervision units with true and accurate engineering geological and hydrogeological data, construction site and adjacent buildings, structures, underground works, roads and underground pipelines, etc. (hereinafter referred to as the surrounding environment of the project).

Article 6 (requirements for survey and Design) a survey unit shall, in accordance with the actual situation of the project and the environmental data surrounding the project, state in the survey documents the engineering risks that may be caused by geological conditions.

The design unit shall list in the design documents the list of foundation pit engineering, formwork support engineering and other major and dangerous projects involving engineering construction safety, and put forward treatment measures and requirements to ensure the safety of surrounding environment and engineering construction.

Article 7 (bidding requirements) the construction unit shall organize the survey and design units to list the list of dangerous and large projects in the construction bidding documents, and require the construction units to clarify the corresponding safety management measures when bidding.

Article 8 (requirements for fund guarantee) the construction unit shall pay the cost of safety protection and civilized construction measures in time in accordance with the provisions of the construction contract, so as to ensure the construction safety of large and dangerous projects.

Article 9 (permit requirements) when applying for construction permit, the construction unit shall submit the relevant materials of specific measures to ensure the safety of the project, including the list of dangerous and major projects and the safety management measures.

Chapter III special safety construction scheme

Article 10 (preparation of scheme) before the construction of a large and dangerous project, the construction unit shall organize the engineering and technical personnel to prepare a special safety construction scheme (hereinafter referred to as the "special scheme").

The special scheme shall include the general situation of the project, the basis for compilation, the construction plan, and construction technology Technology, hazard identification and possible accident identification, construction safety assurance measures, construction management and operation personnel allocation and division, calculation sheet and relevant construction drawings, acceptance requirements, emergency disposal measures, etc.

If the general construction contract is implemented, the special scheme shall be organized and compiled by the general contractor. For the large-scale project, the sub contracting scheme can be organized by relevant specialized units.

Article 11 (scheme review) the special scheme shall be examined and approved by the professional personnel from the relevant departments of technology, safety, quality, materials and equipment organized by the construction unit. If it passes the examination, it shall be signed and sealed by the technical director of the construction unit.

In case of subcontracting of dangerous and large-scale projects and preparation of special scheme by the subcontractor, the special scheme shall be jointly signed and sealed by the technical director of the general contractor and the subcontractor.

Article 12 (Supervision Review) the special scheme shall be submitted to the supervision unit after being examined and approved by the construction unit Supervision Engineer It can only be implemented after re signing and affixing the practicing seal and the official seal of the supervision unit.

Article 13 (requirements for demonstration) for large and dangerous projects exceeding a certain scale, the construction unit shall organize experts to demonstrate the special scheme. If the general construction contract is implemented, the general construction contractor shall organize and hold an expert demonstration meeting. Before the expert demonstration, the special scheme shall be reviewed by the construction unit and reviewed by the chief supervision engineer of the project.

The personnel participating in the expert demonstration meeting shall include:

(1) expert group;

(2) the person in charge of the project or the person in charge of the technology of the construction unit;

(3) project technical director of the survey and design unit;

(4) person in charge of safety, technical director, project leader, project technical director, special scheme preparation personnel, full-time project safety management personnel and relevant personnel of the general contractor and the Subcontractor;

(5) chief supervision engineer of supervision unit.

Article 14 (composition of experts) an expert group shall be composed of five or more experts who meet the professional requirements, and the experts shall be selected from the local expert database. When the local experts can not meet the requirements, the experts can be supplemented from the remote expert database.

Personnel of all parties involved in the project shall not participate in the expert demonstration meeting as experts.

Article 15 (demonstration report) the main contents of the expert's argumentation are as follows:

(1) whether the special scheme is complete and feasible;

(2) whether the calculation sheet, checking basis and construction drawing of the special scheme conform to relevant standards and specifications;

(3) whether the special scheme is consistent with the actual situation on site and can ensure the construction safety.

After the special scheme has been demonstrated, the expert group shall submit the demonstration report and be responsible for the authenticity and scientificity of the demonstration report. The argumentation report shall put forward clear opinions on the main contents of the argumentation, and come to a conclusion that it is passed or not after modification, and shall be signed and confirmed by the expert group.

Article 16 (modification of special scheme) if the special scheme needs to be modified after demonstration, it shall be revised by the construction unit according to the demonstration report and signed and confirmed by the technical director of the construction unit, the chief supervision engineer of the project, the project leader of the construction unit and the leader of the expert group. In case of subcontracting, it shall be signed and confirmed by the technical director of the general contractor and the subcontractor.

If the special scheme fails to pass the demonstration, the construction unit shall re organize the expert demonstration according to the requirements of this regulation after modification.

Chapter IV site safety management

Article 17 the name of the construction unit and the special warning sign shall be set up at the construction site before the implementation of the construction plan.

Article 18 the technical personnel in charge of the project shall make the technical disclosure before the implementation of the special scheme.

The management personnel on the construction site shall make safety technical disclosure to the operators, which shall be jointly signed and confirmed by both parties and the full-time safety production management personnel of the project.

Article 19 (construction basis) the construction unit shall organize the construction in strict accordance with the special scheme, and shall not modify the special scheme without authorization.

If it is really necessary to adjust due to planning adjustment, design change and other reasons, the revised special scheme shall be reviewed again according to the provisions. For the special scheme of large and dangerous projects exceeding a certain scale, the construction unit shall organize experts to demonstrate again. If additional funds are needed or the construction period is extended, the construction unit shall guarantee the funds and construction period.

Article 20 (on site safety management) during the construction of large and dangerous projects, the construction unit shall register the operators on duty. The person in charge of the project shall lead the shift at the construction site.

The full-time safety production management personnel of the project shall conduct on-site supervision on the implementation of the special scheme. If the construction is not carried out in accordance with the special scheme, it shall require immediate rectification and timely report to the project leader. If the rectification cannot be carried out immediately, the project leader shall timely organize the rectification within a time limit.

The construction unit shall carry out construction monitoring and safety inspection for large and dangerous projects in accordance with the regulations. In case of emergency that endangers personal safety, the construction unit shall immediately organize the operators to evacuate from the dangerous area.

Article 21 (detailed rules for supervision) the supervision unit shall, in combination with the special scheme for large and dangerous projects, formulate detailed rules for the implementation of supervision, and implement on-site supervision on the construction of large and dangerous projects.

The detailed rules for the implementation of supervision shall include the general situation of the project, compilation basis, supervision points, supervision methods, inspection records and acceptance requirements, allocation of supervision personnel and division of labor.

Article 22 (supervision disposal) if the construction unit fails to carry out the construction according to the special scheme, the supervision unit shall order it to carry out rectification. If the circumstances are serious, the supervision unit shall require the construction unit to suspend construction and report to the construction unit in time. If the construction unit refuses to rectify or stop the construction, the supervision unit shall timely report to the construction unit and the competent department of housing and urban rural construction where the project is located.

Article 23 (third party monitoring) the construction unit shall entrust a unit with corresponding survey qualification to carry out the third-party monitoring on the construction of large and dangerous projects, such as foundation pit projects, which need to be monitored by the third party according to regulations.

Monitoring units shall work out monitoring plans.

The monitoring scheme shall include the monitoring basis, monitoring content, monitoring method, personnel and equipment, monitoring frequency, early warning standards and reporting of monitoring results. The monitoring scheme shall be examined, signed and sealed by the technical director of the monitoring unit and submitted to the supervision unit before implementation.

The monitoring unit shall carry out monitoring and inspection in accordance with the monitoring scheme, and timely report the monitoring results to the construction unit. When any abnormality is found, it shall be reported to the construction, design, construction and supervision units in a timely manner, and the construction unit shall immediately organize relevant units to take disposal measures.

Monitoring units shall be responsible for the authenticity and accuracy of monitoring results.

Article 24 (acceptance requirements) for large and dangerous projects that need to be inspected and accepted according to regulations, the construction unit and the supervision unit shall organize the project technical director, full-time safety production management personnel, supervision engineers, engineering survey, engineering design and monitoring units and other relevant personnel for acceptance. If the acceptance is qualified, it can enter into the next process after being signed by the project technical director of the construction unit and the chief supervision engineer of the project.

After the acceptance, the construction unit should set up the sign of responsibility for the construction site.

Article 25 (emergency disposal) in case of dangerous situation or accident in a large and dangerous project, the construction unit shall immediately take emergency measures and report to the local housing and urban and rural construction department where the project is located. The construction, survey, design and supervision units shall coordinate and cooperate with the construction units to carry out emergency rescue work.

Article 26 (restoration and assessment) after the emergency rescue work for a large and dangerous project is completed, the construction unit shall organize the survey, design, construction and supervision units to formulate the project recovery plan, and conduct post assessment on the emergency rescue work.

Article 27 (Data Management) construction and supervision units shall establish safety management files for dangerous and large-scale projects.

The construction unit shall include the data of special scheme and audit, expert demonstration, relevant disclosure, on-site inspection, acceptance and rectification into archives management.

The inspection data, inspection details and supervision documents shall be included in the site inspection management plan.

Chapter V Supervision and Administration

Article 28 (establishment of expert database) the competent department of housing and urban rural construction of the local people's government at or above the county level shall establish an expert database in its own administrative region and publish the list of experts and their working experience.

The experts in the expert database shall meet the following requirements:

(1) be honest and trustworthy, have a decent style, and be rigorous in academic research;

(2) having engaged in professional work for more than 15 years or having rich professional experience;

(3) having senior professional and technical titles.

Article 29 (management of expert database) the competent housing and urban rural construction departments of the local people's governments at or above the county level shall formulate expert qualification examination methods and management systems, establish expert integrity archives and update the expert database in a timely manner.

Article 30 (supervision and random inspection) the competent housing and Urban Rural Construction Department of the local people's government at or above the county level or its subordinate construction safety supervision organization shall conduct random inspection on large and dangerous projects according to the supervision work plan. The spot check mainly includes:

(1) the performance of duties of all parties involved in the project construction;

(2) physical safety of dangerous and large-scale projects.

The competent department of housing and urban rural construction of the local people's government at or above the county level or its subordinate construction safety supervision organization may employ units and personnel with professional and technical ability to inspect major and dangerous projects by means of government purchase of technical services, and the expenses incurred shall be guaranteed by the financial department at the same level.

Article 31 (illegal investigation and punishment) if the competent housing and Urban Rural Construction Department of the local people's government at or above the county level finds out the potential safety hazards in the large and dangerous projects, it shall order them to eliminate them immediately; for the behaviors that should be subject to administrative punishment according to law, they shall make administrative punishment decisions according to law; if safety cannot be guaranteed before or during the elimination of major safety accident hidden dangers, they shall be ordered to withdraw from the dangerous areas Construction personnel shall be stopped temporarily.

Article 32 (credit management) the competent housing and urban rural construction departments of the local people's governments at or above the county level shall incorporate the punishment information of units and individuals into the bad credit records of construction safety production.

Chapter VI Legal Liability

Article 33 (responsibility of construction unit) if a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) failing to make a list of dangerous and large-scale projects in the bidding documents;

(2) failing to provide the environmental data around the project as required;

(3) failing to pay the cost of safety protection and civilized construction measures in time as agreed in the construction contract;

(4) failing to entrust a third-party monitoring unit with corresponding survey qualification in accordance with the provisions;

(5) failing to organize and take measures to deal with the abnormal situation reported by the third-party monitoring unit.

Article 34 (responsibilities of investigation units) if a survey unit fails to explain in the survey documents the possible engineering risks caused by geological conditions, it shall be ordered to make corrections within a time limit, and the unit shall be punished in accordance with the regulations on the administration of production safety in construction projects; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan.

Article 35 (responsibility of the design unit) if the design unit fails to list in the design documents the list of foundation pit engineering, formwork support engineering and other dangerous large projects involving engineering construction safety, and fails to put forward the treatment measures and requirements to ensure the safety of surrounding environment and engineering construction safety, it shall be ordered to correct within a time limit, and a fine of more than 10000 yuan and less than 30000 yuan shall be imposed; and the relevant responsible personnel shall be fined more than 1000 yuan and 5000 yuan The following fine.

Article 36 (responsibility of construction unit 1) if a construction unit commits any of the following acts, it shall be punished in accordance with the regulations on the administration of safe production of construction projects, and its work safety license shall be temporarily withheld for 30 days; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) failing to draw up a special plan for large and dangerous projects;

(2) failing to examine and verify the special scheme for large and dangerous projects as required.

Article 37 (responsibility of construction unit 2) if a construction unit commits any of the following acts, the unit and relevant responsible personnel shall be punished in accordance with the production safety law of the people's Republic of China and the regulations on the administration of safe production of construction projects; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) failing to make scheme disclosure and safety technical disclosure to on-site management personnel and operators;

(2) failing to announce dangerous and large-scale projects at a prominent position on the construction site and setting up safety warning signs in dangerous areas;

(3) the full-time safety production management personnel of the project fail to conduct on-site supervision on the implementation of the special scheme;

(4) failing to establish safety management files for major and dangerous projects as required.

Article 38 (responsibility of construction unit 3) if a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit, be fined not less than 10000 yuan but not more than 30000 yuan, and the safe production license of the enterprise shall be temporarily withheld for 30 days; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) failing to carry out expert argumentation on the special scheme for large and dangerous projects exceeding a certain scale;

(2) failing to modify the special scheme for large and dangerous projects exceeding a certain scale in accordance with the expert's demonstration report, or failing to organize the expert's argumentation again as required;

(3) failing to organize the construction in strict accordance with the special scheme, or modifying the special scheme without authorization;

Article 39 (responsibility of construction unit 4) if a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) the person in charge of the project fails to lead the shift or organize rectification as required;

(2) the construction unit fails to carry out construction monitoring and safety inspection as required;

(3) failing to organize the acceptance of major dangerous projects;

(4) failing to take emergency measures in case of danger or accident.

Article 40 (responsibility of supervision unit 1) if a supervision unit commits any of the following acts, it shall be punished in accordance with the production safety law of the people's Republic of China and the regulations on the administration of production safety in construction projects; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) the chief supervision engineer of the project fails to review the special scheme as required;

(2) the construction unit fails to implement according to the special scheme and fails to order it to rectify or stop work;

(3) when the construction unit refuses to rectify or stop the construction, it fails to report to the construction unit and the competent department of housing and urban rural construction where the project is located.

Article 41 (responsibility of supervision unit 2) if a supervision unit commits any of the following acts, it shall be ordered to make corrections within a time limit and be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) failing to compile detailed rules for the implementation of supervision as required;

(2) failing to implement on-site supervision over the construction of dangerous and large-scale projects;

(3) failing to establish safety management files for major and dangerous projects in accordance with regulations;

(4) the chief supervision engineer of the project fails to participate in the acceptance and sign as required.

Article 42 (responsibility of monitoring units) if a monitoring unit commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not less than 10000 yuan but not more than 30000 yuan; the person in charge directly responsible and other persons directly responsible shall be fined not less than 1000 yuan but not more than 5000 yuan:

(1) engaging in monitoring by a third party without obtaining the corresponding qualification for investigation;

(2) failing to prepare a third-party monitoring plan in accordance with the provisions;

(3) failing to carry out monitoring and inspection in accordance with the third-party monitoring program;

(4) the monitoring results provided are not true;

(5) failing to report any abnormality found in time.

If the construction work is not carried out by the local people's Government in accordance with the law, they shall be investigated and punished according to the provisions of Article 43.

Chapter VII supplementary provisions

Article 44 (time for Implementation) these Provisions shall come into force on (mm / DD / yyyy).

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