中华人民共和国建筑法 CONSTRUCTION LAW OF THE PEOPLES REPUBLIC OF CHINA

ty Management

　　Article 36 Construction project production safety management must adhere to the policy of safety first and prevention first, establish and perfect the responsibility system of production safety and the system of prevention and treatment by the masses.

　　Article 37 Construction

project design shall conform to the construction safety procedures and technical standards formulated in accordance with state provisions to ensure the safety performance of the project.

　　Article 38 A building construction enterprise shall work out corresponding safety technical measures according to the characteristics of the construction project in the compilation of design for construction organization; for speciality-intensive items of the project, design for special-purpose safety construction organization shall be compiled and safety technical measures taken.

　　Article 39 A building construction enterprise shall take such measures as the maintenance of safety, precautions against danger and fire prevention at the construction site; where there are the required conditions, construction site closed management shall be followed.

　　A building construction enterprise shall take safety protection measures in the case of the construction site causing possible damage to its adjoining buildings, structures or special operational environment.

　　Article 40 The construction unit shall provide the building construction enterprise with the relevant information on underground piping and wiring of the construction site, and the building construction enterprise shall take measures for their protection.

　　Article 41 The building construction enterprise shall abide by the provisions of the laws and regulations relating to environmental protection and safety in production and take control and disposal measures at the construction site of various kinds of dust, waste gas, waste water, solid waste as well as noise, vibration polluting and damaging the environment.

　　Article 42 A construction unit shall, pursuant to the relevant state provisions, go through the formalities of application for approval in case of any of the following circumstances:

　　(1) need of temporarily occupying sites beyond the approved planned scope;

　　(2) possibility of damaging such public facilities as roads, pipes and cables, electricity, postal service and telecommunications;

　　(3) need of temporary suspension of water supply, electricity supply and suspension of road traffic;

　　(4) need to conduct explosion operations; and

　　(5) other circumstances requiring going through the formalities of application for approval as prescribed by laws and regulations.

　　Article 43 The competent department of construction administration shall be responsible for the administration of construction safety in production and subject to the guidance and supervision of the competent department of labour in construction safety in production in accordance with law.

　　Article 44 A building construction enterprise must, in accordance with law, strengthen construction safety production management, implement the safety production responsibility system and take effective measures to prevent casualties and other accidents in safety production from taking place.

　　The legal representative of a building construction enterprise shall be responsible for the safety in production of the enterprise.

　　Article 45 The building construction enterprise shall be responsible for the construction site safety. The general contracting unit shall be responsible for the construction site safety of the project under general contract for construction. Subcontracting units shall be responsible to the general contracting unit and subordinate themselves to the management of the general contracting unit for construction site safety in production.

　　Article 46 Building construction enterprises shall establish and perfect the educational and training system of safety in labour and production, step up the education and training of workers and staff members in safety in production; no personnel without undergoing education and training in safety in production shall take up posts in operations.

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　　Article 47 Building construction enterprises and their personnel shall, in the process of construction, abide by the laws and regulations relating to safety in production and safety regulations and procedures of the building industry, and shall not give command in contravention of regulations or operate in contravention of regulations. Operators have the right to put forth suggestions for improvement with regard to the operational procedures and operational conditions adversely affecting physical health and have the right to obtain protective gear necessary for safety in production. Operators have the right to make criticism, report the case of and file charges against acts endangering lives, safety and physical health.

　　Article 48 Building construction enterprises must insure workers and staff members engaging in dangerous operations against accidental injuries and pay the insurance premium.

　　Article 49 In restoration or rehabilitation project involving the main body of the building and changes in the weight-bearing structure, the construction unit shall, prior to the construction, entrust the original design unit or a design unit with corresponding human quality qualifications to put forth a design proposal; where there is no design proposal, no construction shall be undertaken.

　　Article 50 Dismantling of houses shall be undertaken by building construction units with conditions to ensure safety and the person-in-charge of the building construction units shall be responsible for the safety.

　　Article 51 In the event of an accident in the process of construction, the building construction enterprise shall take emergency measures to reduce casualties of personnel and losses caused by the accident, and submit a report in time to the departments concerned pursuant to relevant state provisions.

　　Chapter VI Construction Project Quality Control.

　　Article 52 The quality of survey, design and construction of a construction project must conform to the requirements of state safety standards relating to construction projects. Specific control measures shall be formulated by the State Council.

　　State standards relating to safety in construction projects shall be revised in time when they are unable to adapt to the requirements of ensuring safety in building.

　　Article 53 The State practises the quality system authentication system with respect to units engaging in building operations. Units engaging in building operations may, in accordance with the principle of voluntarism, apply for quality system authentication to authentication agencies acknowledged by the department of product quality supervision administration under the State Council or by the authorized departments of the department of product quality supervision administration under the State Council. Authentication agencies shall issue quality system authentication certificates to those having qualified for the authentication.

　　Article 54 No construction unit shall, with whatever reasons, ask the building design unit or building construction enterprise to lower the project quality in project design or construction operations in violation of the laws, administrative regulations and quality and safety standards of construction projects.

　　The building design unit and building construction enterprise shall reject the requests of the construction unit for lowering the project quality in violation of the provisions of the preceding paragraph.

　　Article 55 For a construction project under general contract, the general contracting unit shall be responsible for the project quality. In the case of the general contracting unit subcontracting out the construction project to other units, the former shall bear joint responsibility with the subcontracting units of the quality of the subcontracted projects. The subcontracting units shall subject themselves to the quality control of the general

contracting unit.

　　Article 56 The survey and design units of a construction project shall be responsible for the quality of their survey and design. Survey and design documents shall conform to the provisions of relevant laws and administrative regulations and construction project quality and safety standards and technical standards for construction project survey and design as well as the agreement in the contract. Such technical indexes as the specifications, types and characteristics of building materials, building structural pieces and parts and equipment selected in the design documents shall be annotated and their quality requirements shall conform to the standards prescribed by the state.

　　Article 57 No building design unit shall designate manufacturers or suppliers of the building materials, building structural pieces and parts and equipment selected in the design documents.

　　Article 58 The building construction enterprise shall be responsible for the construction quality of a project.

　　The building construction enterprise must proceed with the construction in accordance with the project design drawings and construction technical standards and shall not do shoddy work and use inferior materials. The original design unit shall be responsible for revisions in the project design and the building construction enterprise shall not revise the project design on its own.

　　Article 59 The building construction enterprise must carry out inspecti

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