The anti-seismic supports and hangers have won the final victory! Those who do not use seismic supports may commit crimes!
On October 8, 2019, the Ministry of Justice issued the "notice on the public solicitation of opinions on the regulations on the administration of earthquake resistance of construction projects (Draft for comments)", which solicited opinions on the standardization of earthquake resistance work of construction projects and explained at the same time.
Key content: those without seismic supports and hangers may violate the law and constitute a crime, and shall be investigated for criminal responsibility according to law.
The directly responsible person in charge and other directly responsible persons of the unit shall be fined not less than 5% but not more than 10% of the fine of the unit.
Establish credit files of enterprises and employees responsible for earthquake resistance, record violations into credit files, and incorporate them into the national credit information sharing platform.
It is stipulated that supervision and inspection should randomly select inspection objects and randomly select law enforcement inspectors
Background 1: the development of engineering seismic industry and technology research and development need relevant policy support
Drafted by the Ministry of housing and urban rural development and submitted to the State Council and the Ministry of justice for comments
The construction project needs to carry out seismic performance appraisal, carry out safety monitoring for the construction project with serious seismic safety hazards, and take measures such as stopping or restricting the use before reinforcement. (PS: there is no shortage of completed projects, and transformation will become the next economic growth point)
Emergency rescue and disaster relief, temporary construction are not applicable, military projects are applicable to the relevant provisions, and the transformation of dangerous houses in rural areas, relocation for poverty alleviation, resettlement, post disaster recovery and reconstruction should be implemented.
If the construction unit violates the contract, it shall be ordered to correct and fined 2% - 4% of the contract price; If the project does not meet the mandatory standards for seismic fortification, it shall be responsible for rework, reinforcement and compensation for losses; If the circumstances are serious, it shall be ordered to suspend business for rectification, reduce the qualification level or revoke the qualification certificate.
If the construction unit explicitly or implicitly reduces the seismic performance of the project, it shall be ordered to make corrections and be fined not less than 200000 yuan but not more than 500000 yuan.
The design unit shall order it to make corrections and impose a fine of not less than 100000 yuan but not more than 300000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification, reduce the qualification level or revoke the qualification certificate; If losses are caused, it shall be liable for compensation according to law
If the construction unit fails to take samples for inspection or uses unqualified vibration isolation and damping devices, it shall be ordered to make corrections and be fined not less than 100000 yuan but not more than 200000 yuan; If the circumstances are serious, it shall be ordered to suspend business for rectification, reduce the qualification level or revoke the qualification certificate; If losses are caused, it shall be liable for compensation according to law.
The isolation and damping device belongs to the construction of the main structure and is completed by the general contractor. (PS: I don't know whether the anti-seismic supports and hangers are considered as seismic isolation and shock absorption.)
After the completion acceptance is qualified, the information such as the time of seismic reinforcement and the subsequent service life shall be publicized by means of information technology or by setting permanent signs at the prominent parts of the project.
A high-rise construction unit that exceeds the limit shall submit the design documents to the provincial housing and construction department for seismic fortification approval at the preliminary design stage.
The people's governments at or above the county level shall include the funds needed for the anti-seismic work of construction projects in the budgets at the corresponding levels
The competent department of housing and urban rural construction of the people's government at or above the county level or other relevant supervisory and administrative departments shall formulate a catalogue of new anti-seismic technologies for construction projects
Background:
First, some construction projects do not strictly implement the mandatory standards for seismic fortification, and there are potential safety hazards.
Second, a large number of old construction projects and rural houses lack anti-seismic measures, and the ability to cope with earthquake risks is insufficient.
Third, the responsibility system for seismic fortification, appraisal and reinforcement of construction projects is not perfect.
Fourth, the development of anti-seismic industry and technology research and development of construction projects need relevant policy support.
Introduction process:
The Ministry of housing and urban rural development drafted the regulations on seismic management of construction projects (Draft for review)
Report to the State Council for deliberation
After receiving this document, the Ministry of justice repeatedly solicited opinions from relevant parties, conducted field research, and worked with the Ministry of housing and urban rural development to repeatedly study and revise it, forming a draft for comments
Scope of application:
Survey, design, construction, appraisal, reinforcement, maintenance and supervision and management of earthquake resistance of construction projects.
Emergency relief and other temporary construction projects are not applicable.
Where the Central Military Commission provides otherwise for the administration of earthquake resistance of military construction projects, the relevant provisions shall apply.
About survey, design and construction. First, it is stipulated that construction projects should avoid dangerous sections determined in the special plan for earthquake resistance and disaster prevention. Second, the responsibilities of the construction unit, the survey and design unit, the general contractor, the construction unit, the project supervision unit, the production and operation enterprise of the seismic isolation and damping device, and the project quality inspection institution are specified. Third, it is required that public buildings such as schools, kindergartens, hospitals, elderly care institutions, emergency command centers, and emergency shelters should take seismic measures in accordance with the requirements higher than those of ordinary buildings. (for survey, design and construction:
First, it is stipulated that construction projects should avoid dangerous sections determined in the special plan for earthquake resistance and disaster prevention.
Second, it stipulates the responsibilities of construction, survey and design, general contracting, construction, supervision, production and operation enterprises of seismic isolation and damping devices, and engineering quality inspection institutions.
Third, it is required that public buildings such as schools, kindergartens, hospitals, elderly care institutions, emergency command centers and emergency shelters should take anti-seismic measures in accordance with the requirements higher than those of ordinary buildings.
Identification, reinforcement and maintenance:
First, it stipulates the appraisal system for seismic performance of construction projects.
Second, it is required to carry out safety monitoring on construction projects with serious seismic safety hazards, and take measures such as stopping or restricting the use before reinforcement.
Third, after the completion acceptance of seismic reinforcement is qualified, information such as the time of seismic reinforcement and the subsequent service life shall be publicized.
Fourth, it is required to inspect, repair and maintain the anti-seismic components, isolation ditches, isolation joints, isolation and shock absorption devices and identifications of construction projects, so as to eliminate potential safety hazards in a timely manner.
Seismic fortification of rural construction projects:
First, it is required to strengthen the management of seismic fortification of rural construction projects and improve the seismic performance of rural construction projects.
Second, it is stipulated that local people's governments at or above the county level should compile and distribute practical seismic technical atlas, and strengthen guidance and services.
Third, it is stipulated that the transformation of dilapidated houses in rural areas, relocation for poverty alleviation, resettlement, post disaster recovery and reconstruction, etc. should meet the mandatory seismic fortification standards.
About guarantee and support:
First, it stipulates that the people's governments of municipalities, cities and counties directly under the central government shall formulate and implement plans for the reconstruction of old houses that have not taken seismic fortification measures or have not reached the mandatory standards for seismic fortification, and provide policy support.
Second, it stipulates that the State supports the development of anti-seismic related industries and the application of new technologies in construction projects, guides the participation of social forces, and strengthens the training of technical personnel.
On supervision and management:
First, it is stipulated that supervision and inspection should randomly select inspection objects and randomly select law enforcement inspectors.
Second, it is required to establish the credit files of enterprises and employees responsible for earthquake resistance of construction projects, record the behaviors violating these regulations into the credit files, and include them into the national credit information sharing platform.
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