Notice of Beijing Municipal Commission of Housing and Urban Rural Development on Implementing the Primary Responsibility of Construction Units for Engineering Quality and Safety
Jing Jian Fa [2021] No. 253
Housing and Urban Rural (City) Construction Committees, Development and Construction Bureaus of Economic and Technological Development Zones, various groups, headquarters, and relevant units in each district:
In order to implement the spirit of the "Opinions of the General Office of the State Council on Promoting the Sustainable and Healthy Development of the Construction Industry" (Guo Ban Fa [2017] No. 19), the "Notice of the General Office of the State Council on Forwarding the Guiding Opinions of the Ministry of Housing and Urban Rural Development on Improving the Quality Assurance System and Enhancing the Quality of Construction Projects" (Guo Ban Han [2019] No. 92), the "Notice of the Ministry of Housing and Urban Rural Development on Implementing the Primary Responsibility of Construction Units for Engineering Quality" (Jian Zhi Gui [2020] No. 9), and the "Notice of the Beijing Municipal Commission of Housing and Urban Rural Development and Twelve Other Departments on Improving the Quality Assurance System and Enhancing the Quality of Construction Projects" (Jing Jian Fa [2020] No. 351), strictly implement the primary responsibility of construction units for engineering quality and safety, and continuously improve the quality and safety of housing construction projects And the level of quality and safety management in municipal infrastructure engineering, We will make every effort to promote the high-quality development of the construction industry in the capital. The relevant matters are hereby notified as follows:
1、 Strengthen pre control management of construction projects
(1) Strictly follow legal procedures. The construction unit should fully, accurately, and comprehensively implement the new development concept, adhere to systematic principles, establish a concept of high quality and high safety, and coordinate various work such as civilized construction, quality, safety, environmental protection, and epidemic prevention and control; Coordinate the organic cooperation of various specialties through "large-scale construction" to enhance construction efficiency; Preventing various risks through urban resilience construction; Provide strong support for smart governance with new infrastructure. The construction unit shall strictly follow the basic construction procedures and carry out engineering construction in accordance with the principle of survey first, design later, and construction later. It is prohibited to fail to comply with legal construction procedures or simplify construction procedures in any name, to start construction without obtaining a construction permit, and to express or imply that the construction unit has started construction in violation of regulations.
(2) Strictly implement the collective decision-making system of "three priorities and one major". Government investment project construction units should include key issues such as project initiation, planning, bidding, construction permits, and other basic construction procedures, quality and safety risk control, project organization establishment, construction period management, and timely and full payment of engineering funds in the scope of the "three major and one major" collective decision-making, standardize decision-making procedures, strengthen supervision, inspection, and accountability.
(3) Strictly implement the contracting system. The construction unit and the general contractor shall strictly sign contracts in accordance with the law, clarify the rights, obligations, and responsibilities of both parties, strictly prohibit illegal contracting, and ensure project quality and construction safety. Construction units are prohibited from contracting out projects to individuals or units without corresponding qualifications, violating legal procedures, or engaging in other behaviors that violate laws and regulations. The construction unit shall conduct a special evaluation of the elements that ensure the quality and safety of the project when organizing the bid evaluation.
(4) Ensure the quality of engineering design and construction. The construction unit shall not, for any reason, require the architectural design unit or construction enterprise to violate laws, administrative regulations, and construction quality and safety standards in engineering design or construction operations, and reduce the quality of the project.
(5) Strictly implement the responsibilities of the legal representative and project leader. The legal representative of the construction unit shall sign an authorization letter from the legal representative, specifying the project leader of the unit in charge of the construction project, organizing and managing the construction, survey, design, construction, and supervision work of the construction project, and fulfilling responsibilities in accordance with relevant national and local laws, regulations, and standards. The project leader of the construction unit shall sign a lifelong responsibility commitment letter for the quality of the construction project in accordance with regulations, and bear corresponding lifelong responsibility for the engineering quality of the construction project within the designed service life.
(6) Scientifically determine and strictly implement a reasonable construction period. The construction unit shall calculate the fixed construction period based on the construction period quota and the specific conditions of the project, and reasonably determine the construction period according to the fixed construction period.
If the construction unit compresses the fixed construction period, specific technical measures should be proposed to ensure the quality, safety, and duration of the project. The required construction period should be determined based on the calculation of technical measures, and additional fees for rush work should be allocated according to regulations. If the compression of the quota construction period exceeds 10% (excluding), experts should be organized to conduct quality and safety compliance and feasibility studies on relevant technical measures, and corresponding quality and safety responsibilities should be assumed.
(7) Promote construction process settlement. The construction unit shall agree with the construction unit in the contract on a reasonable settlement node for the construction process. During the implementation process of construction projects, the construction unit shall timely pay the engineering fees for the construction units that have completed the quality qualified engineering content within the agreed settlement nodes.
(8) Establish and improve various management systems. The construction unit shall establish and strictly implement a quality and safety management system that is suitable for the construction of engineering projects, mainly including the quality and safety responsibility system of the legal representative and project leader, the quality and safety meeting system, the quality and safety hidden danger investigation and governance system, the quality and safety risk grading and control system, the engineering bidding management system, the contract management and performance inspection system, the construction period management system, the construction material procurement management system, the main construction material disclosure system, the first piece acceptance and model guidance system, the quality acceptance management system, the engineering quality document archiving management system, the engineering quality warranty management system, the quality and safety reward and punishment system, the education and training system, the accident reporting and handling system, etc.
(9) Ensure that the personnel allocation of the project management organization meets the requirements. The construction unit shall establish a sound quality and safety management system, establish a project management organization in accordance with relevant regulations, equip the project management organization with full-time personnel such as project leaders, quality supervisors, and safety supervisors, clarify their quality and safety responsibilities and job requirements, and regularly educate and train relevant personnel.
The project leader of the construction unit should have an intermediate or higher technical title and have at least 2 years of experience in similar engineering construction management.
Encourage construction units to entrust professional institutions such as whole process engineering consulting service units, or carry out pilot projects of architect responsibility system to provide professional management and services for the entire construction process. If the construction unit does not have the management conditions, it shall hire professional institutions and personnel to provide professional management and services throughout the entire construction process.
(10) Clarify the quality and safety objectives of the construction project. The construction unit shall clearly define the engineering quality and safety objectives and requirements in the contract, formulate engineering excellence goals and plans, allocate corresponding excellence reward fees, and supervise relevant units to implement them. After achieving the goal of creating excellence, the construction unit shall timely give rewards and fulfill them in accordance with the contract.
(11) Strictly follow the regulations to handle insurance. Construction units engaged in residential engineering and real estate development shall purchase engineering quality potential defect insurance in accordance with relevant regulations of this city before applying for construction permit procedures.
The construction unit shall supervise all participating units to apply for safety production liability insurance in accordance with relevant national and local regulations, and provide work-related injury insurance for all personnel engaged in construction projects.
(12) Strengthen the management of non hiring supervision projects. According to relevant regulations of the country and this city, for construction projects that do not require the employment of engineering supervisors, the construction unit may manage the construction by purchasing defect insurance and entrusting risk management agencies by insurance companies. The legal quality and safety responsibilities of the engineering supervision unit shall be borne by the construction unit.
(13) Establish a joint project governance mechanism. Before the commencement of the construction project, the construction unit shall organize all participating units to report to the township government, street office, and community where the project is located, jointly establish a project governance mechanism, implement the key process disclosure system, regularly communicate the project construction situation and residents' demands, and promote the realization of joint construction, governance, and sharing of the construction project.
(14) Adhere to the guidance of Party building. For projects with a construction period of 6 months or more, the construction unit should take the lead in organizing the construction general contracting unit, supervision unit, professional subcontracting unit, and labor subcontracting unit to establish project party branches or temporary party branches on the construction site, fully leverage the role of grassroots party organizations as a fighting fortress and party member vanguard and model, effectively play the quality and safety demonstration and leading role of party members among frontline workers, and promote the improvement of construction level with party building as the guide.
(15) Standardize the management of living areas for workers. The construction unit shall provide construction land and related expenses for the living area of the construction site employees, and provide municipal supporting conditions such as water and electricity. In the construction preparation stage, the living area land should be reasonably planned according to the project construction scale. The construction unit shall supervise the construction unit to adopt property management in accordance with the requirements of the Guidelines for the Setting and Management of Living Areas on Construction Sites, improve the living environment and living conditions of employees, and ensure the physical health and safety of employees.
(16) Adhere to the model to lead the construction and sales of new commodity housing. If a development enterprise sets up a sample room for pre-sale of commercial housing, it shall set up a delivery sample room in accordance with the approved construction drawings and the layout style, structural dimensions, delivery standards, and construction technology determined in the pre-sale plan, and set up a work sample area within the delivery sample room. The delivery sample room and process sample area should be retained for at least three months after project delivery.
The decoration standards for the delivery model room should be consistent with the contents listed in the pre-sale plan, the delivery standards agreed upon in the purchase contract, and the actual delivery status of the project. No additional decoration or fixed facilities beyond the delivery standards shall be added. The process template area should display the construction process and materials used for walls, floors, and ceilings, including but not limited to living rooms, bedrooms, kitchens, bathrooms, etc. It should also display the models, brands, and materials of indoor equipment, pipelines, doors, and windows.
2、 Strengthen the management of construction process in building engineering
(1) Fully implement quality and safety risk classification control and evaluation work. Before the commencement of the project, the construction unit shall determine the comprehensive risk level of the project through the Beijing Housing Construction and Municipal Infrastructure Engineering Quality Risk Grading and Control Platform. During the construction process, the construction unit should take the lead in organizing all participating units to establish a sound risk control system and mechanism, formulate work systems, clarify the responsible parties, comprehensively and systematically identify quality and safety risks in each stage and link of the construction project, take measures to effectively control risks, and ensure the quality and safety of the construction project.
The construction unit shall take the lead in organizing the evaluation of the quality and safety status of construction projects, regularly inspect the quality and safety status of the undertaken engineering projects, evaluate the quality and safety control situation, and upload the inspection and evaluation results to the quality risk grading control platform to achieve refined governance.
(2) Deepen the investigation and management of hidden dangers in safety production accidents. The construction unit shall comprehensively coordinate and supervise the design, survey, construction, supervision and other units to carry out on-site quality and safety hazard investigation and treatment work in accordance with the requirements of the Beijing Municipal Management Measures for Safety Production Accident Investigation and Treatment of Housing Construction and Municipal Infrastructure Engineering.
The construction unit shall provide the construction unit with true, accurate, and complete information on the investigation and treatment of hidden dangers in underground pipelines, buildings, and other structures, and regularly inspect the investigation and treatment of hidden dangers in construction and supervision units.
The construction unit shall require the design unit to consider the needs of construction safety operation and protection, indicate the key parts and links related to construction safety in the design documents, and provide guidance on preventing production safety accidents.
(3) Strengthen construction technology management. The construction unit shall strengthen the review of construction drawings, design changes, and project negotiation management in accordance with the requirements of the Notice on Strengthening the Construction Technology Management of Housing Construction and Municipal Infrastructure Engineering.
(4) Strengthen the management of contract performance for design, construction, and supervision units. The construction unit should strengthen the contract performance management of the design, construction, and supervision units, and supervise all units to fully implement the institutions and personnel promised to be set up and invested in the bidding documents. The construction unit should urge the design unit to strengthen on-site guidance and services, require the design unit to ensure the validity of the design documents, and ensure that the construction drawings are signed and stamped completely. For major design changes involving the quality and safety of engineering structures, building energy efficiency, and the impact on main usage functions, the construction unit shall re report to the original review agency for review in accordance with regulations.
The construction unit shall establish an assessment and management system for key personnel in construction and supervision units on the construction site, inspect the allocation and performance of key personnel on duty, and focus on checking whether the qualifications of project managers, technical leaders, quality and safety management personnel of the construction unit, the chief supervising engineer of the supervision unit, and other personnel meet the contract requirements, as well as the performance of the above key management personnel on duty. If it is found that the personnel mentioned above from the construction and supervision units do not meet the requirements of the contract or fail to perform their duties as required, the construction unit shall handle the relevant responsible units in accordance with the contract and report in writing to the local housing and urban-rural construction department.
(5) Strictly implement the self inspection report system before resuming construction on the construction site and the self inspection report system before holiday construction. For housing and municipal engineering projects that have been suspended for 5 consecutive days or more, the construction unit shall take the lead in organizing survey, design, construction general contracting, supervision and other units to conduct self inspection on the implementation of safety production management responsibilities on the construction site before resuming construction. If any hidden danger of accidents is discovered, it should be rectified in a timely manner. After the rectification is qualified, the "Self inspection Form for the Performance of the Five Parties Responsible Parties on the Construction Site" (hereinafter referred to as the "Self Inspection Form") should be filled out. After the project leader and the legal representative of the unit sign and summarize it to the construction unit, and affix the unit seal, construction can be resumed.
For housing and municipal engineering projects that require continuous construction during holidays (including statutory holidays and weekends) or other holidays specified by this city for continuous holidays of 5 days or more, the construction unit shall supervise all participating parties to implement the quality and safety responsibilities of holiday construction, and take the lead in organizing survey, design, construction general contracting, supervision and other units to conduct self inspection of the performance of safety production management responsibilities at the construction site. If any accident hazards or management loopholes are found, they shall be rectified in a timely manner. After passing the self inspection and rectification, fill out the "Self Inspection Form", which can be signed and confirmed by the project leader and the legal representative of the unit, and stamped with the unit's official seal before construction can begin during the holiday.
(6) Strict management of engineering quality inspection. The construction unit shall entrust a qualified testing unit to conduct quality and functional testing on the building materials, building components and equipment, pre mixed concrete, precast concrete components, and engineering entities that have witnessed sampling in accordance with regulations. The entrusted testing unit shall not have any affiliation or other interest relationship with the participating units of the tested engineering project.
The construction unit shall separately allocate and timely and fully pay the engineering quality inspection funds in accordance with relevant regulations. It is not allowed to express or imply that the testing unit issues false testing reports. For projects that have not been supervised, the construction unit should appoint witnesses with corresponding knowledge and professional abilities in engineering quality testing to witness the sampling and inspection process, and be responsible for the representativeness, standardization, and authenticity of the witnessed samples.
(7) Strengthen quality control of structural materials. If the construction unit purchases structural materials such as precast concrete components, steel bars, and steel structural components for foundation and main structures, the construction unit shall be responsible for the quality of the purchased structural materials and organize arrival inspection in accordance with relevant regulations, and issue a certificate of conformity to the arrival inspection to the construction unit. The construction unit shall appoint personnel with corresponding professional knowledge and abilities or entrust the supervision unit to carry out on-site supervision of the production process of precast concrete components and steel structure components.
(8) Strictly implement the on-site supervision system. For projects included in our city's policy housing construction plan and rail transit engineering projects, the construction unit should entrust the supervision unit to carry out on-site supervision of the pre mixed concrete production process before the concrete structure construction. The construction unit shall regularly inspect the personnel allocation of the on-site supervision agency, the preparation and implementation of on-site supervision plans, and carry out on-site supervision work in accordance with regulations. The problems reported by the on-site supervision unit regarding the production unit and quality of ready mixed concrete shall be dealt with in accordance with regulations to ensure the production quality of ready mixed concrete and the quality of the main structural engineering.
(9) Strengthen the full process control of prefabricated concrete construction projects. The construction unit should strengthen the full process control of the design and construction quality of prefabricated concrete building engineering, organize engineering design, technical scheme expert review, and construction drawing review as required, implement the acceptance system for the first prefabricated concrete component of the same type, and strengthen process inspection and completion acceptance management.
(10) Strengthen the management of engineering quality image traceability. The construction unit shall strictly follow the requirements of the Notice on Strengthening the Management of Engineering Quality Image Traceability, prepare an implementation plan for engineering quality image traceability, establish an image data inspection system, conduct spot checks and checks on the corresponding image data of all participating parties, and strengthen the management of engineering quality image traceability.
(11) Fully implement the main responsibility for preventing and controlling construction noise pollution. The construction unit shall, in accordance with the requirements of the Notice on Strengthening the Prevention and Control of Construction Noise Pollution in Housing and Municipal Infrastructure Projects, fully calculate the cost of construction noise pollution prevention and control measures in the project cost, install and use noise reduction enclosures with sound-absorbing materials on the construction site, supervise the construction unit and the supervision unit to formulate and strictly implement the management system and measures for construction noise pollution prevention and control, and minimize the disturbance of construction noise to the public. The construction unit shall compensate the actual residents within the scope of nighttime construction noise impact in accordance with regulations, and properly resolve disputes caused by construction noise pollution.
(12) Adhere to innovation leadership. The construction unit shall, in accordance with the requirements of the Notice on Encouraging Technological Innovation and Creating Smart Construction Sites in Housing Construction and Municipal Infrastructure Engineering in this City, take the lead in organizing all participating units to adopt information management methods at the construction site, adopt Internet of Things intelligent technology and corresponding equipment, promote technological innovation and smart construction sites, and achieve smart management, smart safety creation, smart quality improvement, smart greening, smart health creation, and smart construction.
(13) Strengthen the management of new materials, technologies, processes, and equipment applications. The application of new materials, new technologies, new processes, and new equipment (hereinafter referred to as the "four new") should strictly follow the principles of safety, durability, ease of construction, aesthetics, practicality, economy, and environmental protection. Before adopting the "four new" application, the construction unit should strictly implement the expert argumentation system, and the number of experts and professional composition should comply with relevant regulations. After expert verification, the construction unit should clarify the relevant technical indicators and requirements of the "four new" in the bidding documents, and focus on evaluating the feasibility of the construction plan during the evaluation. The construction unit shall strengthen the management of the "four new" application execution plan in accordance with regulations, organize the preparation of the "four new" construction and acceptance enterprise standards, effectively strengthen the qualification, production capacity, and credit review management of supply enterprises, supervise the construction and supervision units to fully implement the on-site acceptance system, and promote the first section (first piece) and construction process template guidance acceptance system. Before the project is delivered for use, the construction unit shall prepare a "Four New" application public notice and user manual, providing detailed explanations to users on the precautions and possible impacts of the product during use.
(14) Establish a sound emergency rescue system. The construction unit shall take the lead in establishing and improving the emergency rescue system for construction projects, preparing emergency plans for quality and safety accidents, implementing emergency command systems, emergency rescue teams, emergency supplies and equipment, establishing and improving safety production warning and emergency coordination guarantee mechanisms, organizing at least one comprehensive emergency plan drill or special emergency plan drill every year, and organizing at least one on-site disposal plan drill every six months to strengthen emergency response.
3、 Strengthen the management of completion acceptance and quality warranty of construction projects
(1) Strict project completion acceptance. After the completion of the construction project, the construction unit shall, upon receiving the acceptance reports submitted by the survey, design, construction, and supervision units respectively, organize the completion acceptance of the unit project quality in accordance with the regulatory requirements, and form a record of the completion acceptance of the unit project quality.
For residential projects, the construction unit should organize construction and supervision units to conduct household acceptance before the completion acceptance of the project. After passing the household inspection, a "Residential Engineering Quality Household Inspection Form" shall be issued for each household.
After the quality inspection of residential engineering is carried out by households and the completion inspection of unit engineering is qualified, the construction unit shall organize the buyer to inspect the quality of the house according to regulations before delivery for use. If there are quality issues found after inspection, the construction unit shall handle them in accordance with the methods stipulated in the housing sales contract.
For projects that meet the conditions for completion acceptance, the construction unit shall promptly organize survey, design, construction, supervision and other units to conduct completion acceptance in accordance with regulations.
The construction unit shall, in accordance with relevant regulations of the state and this city, set up permanent signs in prominent positions of the project, indicating the name of the project, the names of construction, survey, design, construction, supervision and other units, and the name of the project leader.
The construction unit should strengthen the publicity of engineering construction open days and model rooms, and actively accept social supervision.
(2) Strengthen the management of engineering archives and data. The construction unit shall make clear provisions in the contract on the preparation requirements, number of sets, cost, and transfer period of engineering data, supervise all parties involved in the construction to form, collect, and organize engineering data synchronously with the project progress, actively promote the digitization of engineering data, ensure the authenticity, accuracy, completeness, effectiveness, and traceability of engineering data.
The construction unit shall transfer the engineering archives that have passed the pre acceptance of the urban construction archives to the urban construction archives within six months after the completion and acceptance of the project, and handle the relevant transfer procedures.
(3) Strictly fulfill quality warranty responsibilities. The construction unit is the first person responsible for the quality warranty of residential engineering, and should establish a quality follow-up, quality maintenance system, complaint and dispute coordination mechanism, and fulfill warranty obligations in accordance with national and local regulations, as well as contract agreements. For projects within the warranty period and scope, the construction unit shall, upon receiving feedback on quality issues, negotiate with the owner for maintenance plans and organize the construction unit to carry out repairs first.
(4) Strengthen quality management during the sales phase of commercial housing. The pre-sale plan submitted by real estate development enterprises when applying for pre-sale permits for commercial housing shall specify the responsible party for the quality of commercial housing after the occurrence of liquidation such as bankruptcy or dissolution of the enterprise, and the responsible party shall provide a guarantee letter. The subject responsible for quality responsibility must have independent legal personality and corresponding compensation capacity.
(5) Strengthen the delivery management of residential projects. When the residential construction unit handles the delivery procedures of the house, it shall deliver the "Notice of Potential Defects in Engineering Quality Insurance", along with the "House Construction Quality Assurance Certificate" and "House Construction User Manual" to the owner. Encourage construction units to deliver electronic traceability and other related materials of concealed projects formed during the construction process to owners and users, gradually achieving effective linkage between construction and management.
The construction unit shall support the construction project quality risk management agency entrusted by the insurance company to implement risk management. If the insurance company points out in the final evaluation report that the construction project has serious quality defects and has not been substantially rectified upon completion, the construction unit shall not pass the completion acceptance of the construction project.
(6) Establish a sound management system for the entire lifecycle of construction projects. The construction unit shall establish a full life cycle management system for construction projects in accordance with laws and regulations such as the Construction Law, the Safety Production Law, the Regulations on Quality Management of Construction Projects, the Regulations on Safety Production Management of Construction Projects, the Regulations on Property Management, the Regulations on Quality Management of Construction Projects in Beijing, and the Measures for Quality Warranty of Building Construction Projects, to achieve full life cycle management of construction projects from planning and design to construction, operation and maintenance, until demolition.
4、 Comprehensively strengthen supervision and management of construction units
(1) Strengthen supervision and inspection. When carrying out supervision and inspection of housing construction and municipal infrastructure projects, the competent department of housing and urban-rural development should focus on inspecting the implementation of the primary responsibility for engineering quality and safety by the construction unit. For construction units that fail to fully implement quality and safety responsibilities and have serious illegal and irregular behaviors, the housing and urban-rural construction competent department should increase the frequency and intensity of inspections on their construction projects. If serious quality and safety problems are found, they shall be resolutely ordered to stop work and rectify.
The construction unit shall organize the responsible party to rectify the quality and safety issues discovered during the supervision and inspection of the housing and urban-rural construction supervisory department. After the rectification is completed, the construction, construction, supervision and other units shall form a report on the rectification of problems discovered through supervision and inspection and submit it to the competent department of housing and urban-rural development. For projects that have not undergone administrative processing or penalties during supervision and inspection, the rectification report should be signed and confirmed by the project leader of the construction, supervision, and general contracting units, and stamped with the official seal of the project management department; For projects that are subject to administrative penalties or penalties through supervision and inspection, the rectification report should be signed and confirmed by the project leader of the construction, supervision, and general contracting units, and stamped with the official seal of the construction, supervision, general contracting units, and units directly responsible for illegal and irregular activities.
(2) Strengthen credit management. The competent department of housing and urban-rural development shall establish credit files for construction units and project leaders, record the illegal and irregular behaviors of construction units and project leaders involved in quality and safety during the project construction process and warranty period that have been administratively punished or dealt with, and use disclosure, evaluation and other methods for application, and gradually promote joint punishment mechanisms.
(3) Strengthen accountability. For construction units that engage in illegal and irregular behaviors related to engineering quality and safety, the housing and urban-rural construction authorities shall investigate and deal with them seriously in accordance with the law, and hold their legal representatives and project leaders accountable; If the project leader leaves the original unit due to job transfer or other reasons, or has retired, corresponding responsibilities should still be pursued in accordance with the law. For government investment projects, in addition to holding relevant responsible persons accountable in accordance with the law, it is also necessary to hold relevant leaders of government departments accountable in accordance with relevant regulations.
This notice is hereby issued.
Beijing Municipal Commission of Housing and Urban Rural Development
August 9th, 2021
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