Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the Construction Law of the People's Republic of China and the Production Safety Law of the People's Republic of China in order to strengthen the supervision and administration of production safety in construction projects and ensure the safety of people's lives and property.
Article 2 These Regulations must be observed in the construction, expansion, reconstruction and demolition of construction projects within the territory of the People's Republic of China and in the supervision and management of safety in production of construction projects.
The term "construction projects" as mentioned in these Regulations refers to civil engineering, construction projects, pipeline and equipment installation projects and decoration projects.
Article 3 The safety production management of construction projects shall adhere to the principle of safety first and prevention first.
Article 4 Construction units, survey units, design units, construction units, engineering supervision units and other units related to the safe production of construction projects must abide by the provisions of laws and regulations on safe production, ensure the safe production of construction projects and assume the responsibility for the safe production of construction projects according to law.
Article 5 The State encourages the scientific and technological research on safety in production of construction projects and the popularization and application of advanced technologies, and promotes the scientific management of safety in production of construction projects.
The second chapter is the safety responsibility of construction units.
Article 6 The construction unit shall provide the construction unit with underground pipeline data such as water supply, drainage, power supply, gas supply, heat supply, communication, radio and television, meteorological and hydrological observation data, adjacent buildings and structures, and underground engineering data, and ensure the authenticity, accuracy and integrity of the data.
When the construction unit inquires about the information specified in the preceding paragraph from the relevant departments or units due to the needs of the construction project, the relevant departments or units shall provide it in time.
Article 7 Construction units shall not put forward requirements for survey, design, construction and engineering supervision units that do not conform to the laws, regulations and mandatory standards for safe production of construction projects, nor shall they compress the time limit stipulated in the contract.
Article 8 When compiling the project budget estimate, the construction unit shall determine the cost of the safe working environment and safety construction measures for the construction project.
Article 9 Construction units shall not explicitly or implicitly purchase, lease or use safety protective equipment, mechanical equipment, construction machinery and accessories, fire fighting facilities and equipment that do not meet the requirements of safe construction.
Article 10 When applying for a construction permit, a construction unit shall provide information on safety construction measures for construction projects.
For a construction project for which the commencement report is approved according to law, the construction unit shall, within 15 days from the date of approval of the commencement report, submit the measures to ensure safe construction to the competent construction administrative department or other relevant departments of the local people's government at or above the county level where the construction project is located for the record.
The eleventh construction units shall contract the demolition projects to the construction units with corresponding qualification levels.
The construction unit shall submit the following information to the construction administrative department or other relevant departments of the local people's government at or above the county level where the construction project is located for the record 15 days before the construction of the demolition project:
(1) Certificate of qualification grade of the construction unit;
(Two) a description of the buildings and structures to be demolished and the adjacent buildings that may be endangered;
(Three) Demolition Construction Organization Plan;
(Four) measures for stacking and removing waste.
Where blasting operations are carried out, the relevant provisions of the State on the management of explosives for civil use shall be observed.
The third chapter is the safety responsibility of survey, design, project supervision and other relevant units.
Article 12 Survey units shall conduct surveys in accordance with laws, regulations and mandatory standards for construction projects, and the survey documents provided shall be true and accurate to meet the needs of safe production of construction projects.
Survey units shall strictly implement the operating rules and take measures to ensure the safety of various pipelines, facilities and surrounding buildings and structures during the survey operation.
Article 13 Design units shall design in accordance with laws, regulations and mandatory standards for engineering construction, so as to prevent the occurrence of production safety accidents caused by unreasonable design.
The design unit shall take into account the needs of construction safety operation and protection, specify the key parts and links related to construction safety in the design documents, and provide guidance for preventing production safety accidents.
For construction projects with new structures, new materials, new technologies and special structures, the design unit shall put forward measures and suggestions to ensure the safety of construction workers and prevent production safety accidents in the design.
Registered practitioners such as design units and registered architects shall be responsible for their designs.
Article 14 The engineering supervision unit shall examine whether the safety technical measures or special construction schemes in the construction organization design conform to the mandatory standards for engineering construction.
In the course of supervision, if the project supervision unit finds that there are hidden dangers of safety accidents, it shall require the construction unit to rectify them; if the situation is serious, it shall require the construction unit to suspend construction temporarily and report to the construction unit in time. If the construction unit refuses to rectify or stop the construction, the project supervision unit shall report to the competent authorities in a timely manner.
Engineering supervision units and supervisory engineers shall carry out supervision in accordance with laws, regulations and mandatory standards for engineering construction, and assume supervision responsibility for the safe production of construction projects.
Article 15 Units providing mechanical equipment and accessories for construction projects shall be equipped with complete and effective safety facilities and devices such as insurance and limit according to the requirements of safe construction.
Article 16 The leased machinery and equipment, construction machinery and accessories shall have production (manufacturing) licenses and product certificates.
The leasing unit shall inspect the safety performance of the leased machinery and equipment, construction machinery and accessories, and shall issue a certificate of conformity when signing the lease agreement.
It is forbidden to rent unqualified mechanical equipment, construction machinery and accessories.
Article 17 The installation and disassembly of construction hoisting machinery and self-elevating erection facilities such as integral lifting scaffolding and formwork at the construction site must be undertaken by units with corresponding qualifications.
When installing and dismantling construction hoisting machinery, integral lifting scaffolding, formwork and other self-elevating erection facilities, the disassembly and assembly plan shall be worked out, safety construction measures shall be formulated, and on-site supervision shall be carried out by professional and technical personnel.
After the installation of construction hoisting machinery, integral lifting scaffolding, formwork and other self-elevating erection facilities, the installation unit shall conduct self-inspection, issue self-inspection certificates, provide safety instructions to the construction unit, go through acceptance procedures and sign.
Article 18 If the use of construction hoisting machinery, integral lifting scaffolding, formwork and other self-elevating erection facilities reaches the time limit for inspection and testing prescribed by the State, they must be tested by inspection and testing institutions with professional qualificatio ns. Those who fail to pass the test shall not continue to be used.
Article 19 Inspection and testing institutions shall issue safety certificates for qualified construction hoisting machinery, integral lifting scaffolding, formwork and other self-elevating erection facilities, and shall be responsible for the test results.
Chapter IV Safety Responsibility of Construction Unit
Article 20 Construction units engaged in new construction, expansion, reconstruction and demolition of construction projects shall have the conditions of registered capital, professional and technical personnel, technical equipment and safety in production prescribed by the State, obtain qualificatio n certificates of corresponding grades according to law, and undertake projects within the scope permitted by their qualification grades.
Article 21 The principal person in charge of a construction unit shall be fully responsible for the work safety of the unit according to law. Construction units shall establish and improve the responsibility system for production safety and the education and training system for production safety, formulate rules and regulations for production safety and operating rules, ensure the investment of funds required for the conditions for production safety of their units, conduct regular and special safety inspections of the construction projects they undertake, and make good records of safety inspections.
The person in charge of the project of the construction unit shall be the person who has obtained the corresponding professional qualification, be responsible for the safe construction of the construction project, implement the responsibility system for safe production, the rules and regulations for safe production and the operating rules, ensure the effective use of the cost for safe production, and organize and formulate the measures for safe construction according to the characteristics of the project to eliminate the safety. Timely and truthful reporting of production safety accidents.
Article 22 Construction units shall use the expenses required for the safe working environment and safe construction measures included in the budget estimates of construction projects for the procurement and renewal of construction safety protective equipment and facilities, the implementation of safe construction measures and the improvement of safe production conditions, and shall not divert them for other purposes.
The twenty-third construction units shall set up a safety production management organization with full-time safety production management personnel.
Full-time safety production management personnel are responsible for on-site supervision and inspection of safety production. If any hidden danger of safety accident is found, it shall be reported to the person in charge of the project and the organization in charge of work safety in a timely manner; any command or operation against rules shall be stopped immediately.
Measures for the allocation of full-time safety production management personnel shall be formulated by the competent construction administrative department of the State Council in conjunction with other relevant departments of the State Council.
Article 24 Where a construction project is under general contracting, the general contracting unit shall take overall responsibility for the safe production at the construction site.
The general contractor shall complete the construction of the main structure of the construction project by itself.
If the general contractor subcontracts the construction project to other units according to law, the subcontract shall specify their respective rights and obligations in terms of safety in production. The overall contractor and the subcontractor shall bear joint and several liability for the safety in production of the subcontracted projects.
Subcontractors shall be subject to the safe production management of the general contractor. If a subcontractor disobeys the management and causes a production safety accident, the subcontractor shall bear the main responsibility.
Article 25 Special operators such as vertical transport machinery operators, installation and disassembly workers, blasting operators, lifting signal workers and climbing erection operators must undergo special safety operation training in accordance with the relevant provisions of the State and obtain special operation qualification certificates before they can take up their posts.
Article 26 The construction unit shall compile safety technical measures and temporary power consumption schemes at the construction site in the construction organization design, compile special construction schemes for the following sub-projects with a certain scale of risk, and attach safety checking results, which shall be signed by the technical director and the chief supervision engineer of the construction unit. On-site supervision shall be carried out by full-time safety production management personnel:
(1) Foundation pit support and dewatering works;
(2) Earth excavation works;
(III) Formwork engineering;
(4) Lifting and hoisting works;
(5) Scaffolding works;
(Six) demolition and blasting works;
(7) Other projects with greater risk as prescribed by the competent construction administrative department or other relevant departments under the State Council.
The construction unit shall also organize experts to demonstrate and examine the special construction schemes involving deep foundation pits, underground excavation projects and high formwork projects in the projects listed in the preceding paragraph.
The standards for the construction of relatively dangerous projects which have reached a certain scale as stipulated in the first paragraph of this Article shall be formulated by the competent construction administrative department of the State Council in conjunction with other relevant departments of the State Council.
Article 27 Before the construction of a construction project, the technical personnel in charge of project management of the construction unit shall give detailed explanations to the construction teams and workers on the technical requirements for safe construction, which shall be signed and confirmed by both parties.
Article 28 Construction units shall set up obvious safety warning signs at dangerous places such as entrances to construction sites, construction cranes, temporary power facilities, scaffolding, entrances and exits, staircases, elevator wellheads, holes, bridges, tunnels, edges of foundation pits, explosives and storage places for harmful and dangerous gases and liquids. Safety warning signs must conform to national standards.
The construction unit shall take corresponding safety construction measures at the construction site according to the different construction stages and the changes of the surrounding environment, season and climate. If the construction site is temporarily suspended, the construction unit shall do a good job of site protection, and the expenses required shall be borne by the responsible party, or shall be implemented in accordance with the contract agreement.
Article 29 The construction unit shall separate the office and living area from the operation area on the construction site, and keep a safe distance; the location of the office and living area shall meet the safety requirements. The meals, drinking water and rest places of the staff and workers shall conform to the hygienic standards. Construction units shall not set up collective dormitories for employees in buildings that have not yet been completed.
Temporary buildings erected on the construction site shall meet the requirements for safe use. Assembled mobile houses used on the construction site shall have product certificates.
Article 30 Construction units shall take special protective measures against adjacent buildings, structures and underground pipelines that may cause damage due to the construction of construction projects.
Construction units shall abide by relevant laws and regulations on environmental protection and take measures at the construction site to prevent or reduce the harm and pollution of dust, waste gas, waste water, solid waste, noise, vibration and construction lighting to people and the environment.
For a construction project in an urban area, the construction unit shall enclose the construction site.
Article 31 Construction units shall establish a fire safety responsibility system at the construction site, determine the person responsible for fire safety, formulate various fire safety management systems and operating rules for the use of fire, electricity and inflammable and explosive materials, set up fire control passages and water sources, equip fire control facilities and fire extinguishing equipment, and implement them. Obvious signs shall be set up at the entrance of the construction site.
Article 32 Construction units shall provide safety protective equipment and clothing to workers, and inform them in writing of the operating rules of dangerous posts and the hazards of illegal operations.
The operating personnel have the right to criticize, report and accuse the safety problems existing in the operating conditions, operating procedures and operating methods on the construction site, and have the right to refuse to command in violation of regulations and force risky operations.
In the event of an emergency that endangers personal safety during construction, the operator has the right to stop the operation immediately or evacuate the dangerous area after taking necessary emergency measures.
Article 33 Operators shall abide by the mandatory standards, rules and regulations and operating rules for safe construction, and correctly use safety protection appliances, machinery and equipment, etc.
Article 34 Safety protective equipment, mechanical equipment, construction machinery and accessories purchased and leased by construction units shall have production (manufacturing) licenses and product certificates, and shall be inspected before entering the construction site.
Safety protection appliances, mechanical equipment, construction equipment and accessories on the construction site must be managed by specially-assigned persons, regularly inspected, repaired and maintained, established corresponding data files, and scrapped in time in accordance with relevant national regulations.
Article 35 Before using construction hoisting machinery, integral lifting scaffolding, formwork and other self-elevating erection facilities, construction units shall organize relevant units to carry out acceptance checks, or may entrust inspection and testing institutions with corresponding qualifications to carry out acceptance checks; If the leased mechanical equipment, construction equipment and accessories are used, the general contractor, subcontractor, lessor and installation unit shall jointly carry out acceptance. Only those that pass the acceptance can be used.
Construction hoisting machinery specified in the Regulations on Safety Supervision of Special Equipment shall be supervised and inspected by inspection and testing institutions with corresponding qualifications before acceptance.
The construction unit shall register with the competent construction administrative department or other relevant departments within 30 days from the date of acceptance and acceptance of self-elevating erection facilities such as construction hoisting machinery, integral lifting scaffolding and formwork. The registration mark shall be placed or attached to the equipment in a prominent position.
Article 36 The principal person in charge of a construction unit, the person in charge of a project and the full-time safety production management personnel shall pass the examination of the competent construction administrative department or other relevant departments before they can take up their posts.
Construction units shall conduct safety production education and training for managers and operators at least once a year, and their education and training shall be recorded in their personal work files. Personnel who fail to pass the examination of safety production education and training shall not be allowed to take up their posts.
Article 37 Operators shall receive safety production education and training before entering new posts or new construction sites. Personnel who have not been educated and trained or failed to pass the examination of education and training shall not be allowed to work on their posts.
When adopting new technologies, new processes, new equipment and new materials, the construction unit shall carry out corresponding safety production education and training for the operators.
The thirty-eighth construction units shall provide accident injury insurance for the personnel engaged in dangerous operations at the construction site.
The insurance premium for accidental injury shall be paid by the construction unit. If the general contracting of construction is carried out, the general contracting unit shall pay the insurance premium for accidental injury. The period of accident injury insurance shall be from the date of commencement of the construction project to the date of completion and acceptance.
Chapter V Supervision and Administration
Article 39 The department of the State Council in charge of the supervision and administration of production safety shall, in accordance with the provisions of the Production Safety Law of the People's Republic of China, carry out comprehensive supervision and administration of the work of production safety in construction projects throughout the country.
The departments of the local people's governments at or above the county level responsible for the supervision and administration of production safety shall, in accordance with the provisions of the Production Safety Law of the People's Republic of China, exercise comprehensive supervision and administration over the work of production safety of construction projects within their respective administrative areas.
Article 40 The competent construction administrative department of the State Council shall supervise and administer the safe production of construction projects throughout the country. The relevant departments of railways, communications and water conservancy under the State Council shall, in accordance with the division of responsibilities prescribed by the State Council, be responsible for the supervision and administration of safety in production of relevant specialized construction projects.
The competent construction administrative departments of the local people's governments at or above the county level shall supervise and administer the safe production of construction projects within their respective administrative areas. The relevant departments of transportation and water conservancy of the local people's governments at or above the county level shall, within their respective responsibilities, be responsible for the supervision and management of the safe production of specialized construction projects within their respective administrative areas.
Article 41 The competent construction administrative department and other relevant departments shall copy the main contents of the relevant materials specified in Articles 10 and 11 of these Regulations to the departments responsible for the supervision and administration of production safety at the same level.
Article 42 When examining and issuing construction permits, the competent construction administrative department shall examine whether there are safety construction measures for construction projects, and shall not issue construction permits without safety construction measures.
When examining whether a construction project has safety construction measures, the competent construction administrative department or other relevant departments shall not charge fees.
Article 43 The departments of the people's governments at or above the county level responsible for the supervision and administration of production safety in construction projects shall have the right to take the following measures when performing their duties of safety supervision and inspection within the scope of their respective duties:
(1) requiring the inspected units to provide documents and information concerning the safe production of construction projects;
(Two) enter the construction site of the inspected unit for inspection;
(Three) correct violations of safety production requirements in construction;
(4) To order the immediate elimination of hidden dangers of safety accidents found in the inspection; to order the evacuation of workers from dangerous areas or the temporary suspension of construction if safety cannot be guaranteed before or during the elimination of hidden dangers of major safety accidents.
Article 44 The competent construction administrative department or other relevant departments may entrust the supervision and inspection of the construction site to the construction safety supervision institution for specific implementation.
Article 45 The State implements an elimination system for techniques, equipment and materials that seriously endanger the safety of construction. The specific catalogue shall be formulated and promulgated by the competent construction administrative department of the State Council in conjunction with other relevant departments of the State Council.
Article 46 The competent construction administrative departments and other relevant departments of the people's governments at or above the county level shall promptly accept reports, complaints and complaints about production safety accidents and hidden dangers of safety accidents in construction projects.
Chapter VI Emergency Rescue, Investigation and Handling of Production Safety Accidents
Article 47 The competent construction administrative departments of the local people's governments at or above the county level shall, in accordance with the requirements of the people's governments at the corresponding levels, formulate emergency rescue plans for major production safety accidents of construction projects within their respective administrative areas.
Article 48 Construction units shall formulate their own emergency rescue plans for production safety accidents, establish emergency rescue organizations or equip emergency rescue personnel, equip necessary emergency rescue equipment and equipment, and organize regular drills.
Article 49 Construction units shall, in accordance with the characteristics and scope of construction projects, monitor the parts and links where major accidents are prone to occur on the construction site, and formulate emergency rescue plans for production safety accidents on the construction site. In the case of general contracting for construction, the general contractor shall organize the preparation of emergency rescue plans for production safety accidents of construction projects, and the general contractor and the subcontractor shall, in accordance with the emergency rescue plans, establish emergency rescue organizations or equip emergency rescue personnel, equip rescue equipment and equipment, and organize regular drills.
Article 50 If a production safety accident occurs to a construction entity, it shall report it to the department responsible for the supervision and administration of production safety, the competent construction administrative department or other relevant departments in a timely and truthful manner in accordance with the relevant provisions of the State on the reporting and investigation of casualties; If an accident occurs to a special equipment, it shall also be reported to the special equipment safety supervision and administration department at the same time. The department receiving the report shall report it truthfully in accordance with the relevant provisions of the State.
For a construction project under general contracting, the general contractor shall be responsible for reporting the accident.
Article 51 After a production safety accident occurs, the construction unit shall take measures to prevent the accident from expanding and protect the scene of the accident. When it is necessary to move the articles on the scene, it shall make marks and written records, and properly keep the relevant evidence.
Article 52 The investigation of production safety accidents in construction projects and the punishment and treatment of the units and persons responsible for the accidents shall be carried out in accordance with the provisions of relevant laws and regulations.
Chapter VII Legal Liability
Article 53 If a staff member of the construction administrative department or other relevant administrative department of the people's government at or above the county level, in violation of the provisions of these Regulations, commits one of the following acts, he shall be given an administrative sanction of demotion or dismissal; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) issuing qualification certificates to construction units that do not meet the conditions for safe production;
(Two) issuing construction permits for construction projects without safety construction measures;
(Three) failing to investigate and deal with illegal acts;
(Four) other acts that fail to perform supervisory and administrative duties in accordance with the law.
Article 54 If a construction unit, in violation of the provisions of these Regulations, fails to provide the expenses required for the safe production and operation environment and safe construction measures of a construction project, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop the construction of the construction project.
If the construction unit fails to submit measures to ensure safe construction or relevant information on demolition projects to the relevant departments for the record, it shall be ordered to make corrections within a time limit and give warnings.
Article 55 If a construction unit, in violation of the provisions of these Regulations, commits one of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not less than 200,000 yuan but not more than 500,000 yuan; if a major safety accident is caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; Those who cause losses shall be liable for compensation according to law:
(1) To put forward requirements that do not conform to the provisions of safety production laws, regulations and mandatory standards for units such as investigation, design, construction and engineering supervision;
(Two) requiring the construction unit to compress the time limit stipulated in the contract;
(Three) contracting the demolition project to a construction unit that does not have the corresponding qualification level.
Article 56 Where a survey unit or design unit, in violation of the provisions of these Regulations, commits any of the following acts, it shall be ordered to make corrections within a time limit and shall be fined not less than 100,000 yuan but not more than 300,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification, lower its qualification level or even revoke its qualification certificate; If a serious safety accident is caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if losses are caused, he shall be liable for compensation according to law:
(1) failing to carry out investigation and design in accordance with laws, regulations and mandatory standards for Engineering Construction;
(2) For construction projects with new structures, new materials, new technologies and special structures, the design unit fails to put forward measures and suggestions to ensure the safety of construction workers and prevent production safety accidents in the design.
Article 57 In case of any of the following acts in violation of the provisions of these Regulations, the project supervision unit shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification and a fine of not less than 100,000 yuan but not more than 300,000 yuan shall be imposed; if the circumstances are serious, the qualification level shall be reduced or even the qualification certificate shall be revoked; If a serious safety accident is caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if losses are caused, he shall be liable for compensation according to law:
(1) failing to examine the safety technical measures or special construction schemes in the construction organization design;
(Two) the construction unit is not required to rectify or suspend the construction in time when the hidden danger of safety accidents is found.
(3) The construction unit refuses to rectify or stop the construction and fails to report to the competent authorities in time;
(Four) failing to carry out supervision in accordance with laws, regulations and mandatory standards for Engineering Construction.
Article 58 If a registered practitioner fails to comply with laws, regulations and mandatory standards for engineering construction, he shall be ordered to stop practicing for more than three months and less than one year; if the circumstances are serious, his certificate of practice qualification shall be revoked and he shall not be registered within five years; if a major safety accident is caused, he shall not be registered for life; if a crime is constituted, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 59Where, in violation of the provisions of these Regulations, a unit that provides mechanical equipment and accessories for a construction project fails to equip complete and effective safety facilities and devices such as insurance and limit according to the requirements of safe construction, it shall be ordered to make corrections within a time limit and shall be fined not less than one time but not more than three times the contract price; if losses are caused, it shall be liable for compensation according to law.
Article 60 Any lessor unit that, in violation of the provisions of these Regulations, leases mechanical equipment, construction equipment and accessories that have not been tested for safety performance or have failed to pass the test shall be ordered to suspend business for rectification and shall be fined not less than 50,000 yuan but not more than 100,000 yuan; if losses are caused, it shall be liable for compensation according to law.
Article 61 In case of any of the following acts in violation of the provisions of these Regulations, the installation and dismantling unit of construction hoisting machinery, integral lifting scaffolding, formwork and other self-elevating erection facilities shall be ordered to make corrections within a time limit and shall be fined not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, it shall be ordered to suspend business for rectification, reduce its qualification level, or even revoke its qualification certificate; Those who cause losses shall be liable for compensation according to law:
(1) failing to compile a disassembly and assembly plan and formulate safety construction measures;
(Two) no on-site supervision by professional and technical personnel;
(Three) failing to issue a self-inspection certificate or issuing a false certificate;
(Four) failing to explain the safe use to the construction unit and go through the handover formalities.
If the installation and disassembly units of self-elevating erection facilities such as construction hoisting machinery and integral lifting scaffolding and formwork commit the acts specified in Items (1) and (3) of the preceding paragraph, they shall not take measures against the hidden dangers of accidents after the relevant departments or employees of the units have put forward them, thus causing major casualties or other serious consequences, which constitute a crime. The person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 62 In case of any of the following acts of the construction unit in violation of the provisions of these Regulations, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification and shall be fined in accordance with the relevant provisions of the Safety Production Law of the People's Republic of China; If a serious safety accident is caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) There is no safety production management organization, full-time safety production management personnel or on-site supervision by full-time safety production management personnel during the construction of sub-projects;
(2) The principal person in charge of the construction unit, the person in charge of the project, the full-time safety production management personnel, the operators or the special operators are engaged in relevant work without safety education and training or failing to pass the examination;
(3) Failing to set up obvious safety warning signs at dangerous parts of the construction site, or failing to set up fire control passages, fire control water sources, fire control facilities and fire extinguishing equipment at the construction site in accordance with the relevant provisions of the State;
(Four) failing to provide safety protection equipment and safety protection clothing to workers;
(5) Failing to register after acceptance and acceptance of self-elevating erection facilities such as construction hoisting machinery, integral lifting scaffolding and formwork in accordance with regulations;
(6) The use of processes, equipment and materials that endanger construction safety that are explicitly eliminated or prohibited by the State.
Article 63 If a construction unit, in violation of the provisions of these Regulations, misappropriates the expenses required for the safe production and operation environment and safe construction measures included in the budget estimate of a construction project, it shall be ordered to make corrections within a time limit and fined not less than 20% but not more than 50% of the misappropriated expenses; if losses are caused, it shall be liable for compensation according to law.
Article 64 In case of any of the following acts committed by a construction unit in violation of the provisions of these Regulations, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification and shall be fined not less than 50,000 yuan but not more than 100,000 yuan; If a serious safety accident is caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:
(1) failing to make detailed explanations on the technical requirements for safe construction before construction;
(2) Failing to take corresponding safety construction measures at the construction site according to different construction stages and changes in the surrounding environment, season and climate, or failing to implement closed enclosure at the construction site of a construction project in an urban area;
(Three) setting up collective dormitories for employees in buildings that have not yet been completed;
(Four) temporary buildings at the construction site do not meet the requirements for safe use.
(5) No special protective measures have been taken for adjacent buildings, structures and underground pipelines that may be damaged by the construction of construction projects.
If the construction unit commits the acts specified in Items (4) and (5) of the preceding paragraph and causes losses, it shall be liable for compensation according to law.
Article 65 In case of any of the following acts committed by a construction unit in violation of the provisions of these Regulations, it shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification and shall be fined not less than 100,000 yuan but not more than 300,000 yuan; if the circumstances are serious, its qualification level shall be reduced until its qualification certificate is revoked; If a serious safety accident is caused and a crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if losses are caused, he shall be liable for compensation according to law:
(1) Safety protective equipment, mechanical equipment, construction machinery and accessories are put into use without inspection or unqualified inspection before entering the construction site;
(2) The use of construction hoisting machinery without acceptance or unqualified acceptance and self-elevating erection facilities such as integral lifting scaffolding and formwork;
(3) Entrusting units without corresponding qualifications to undertake the installation and disassembly of construction hoisting machinery and self-elevating erection facilities such as integral lifting scaffolding and formwork at the construction site;
(4) Failure to compile safety technical measures, temporary power consumption schemes or special construction schemes at the construction site in the construction organization design.
Article 66 If, in violation of the provisions of these Regulations, the principal person in charge of the construction unit or the person in charge of the project fails to perform his duties of safe production management, he shall be ordered to make corrections within a time limit; if he fails to make corrections within the time limit, he shall be ordered to suspend business for rectification; Those who cause major safety accidents, major casualties or other serious consequences and constitute crimes shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
If an operator disobeys management, violates rules and regulations and operating rules, and causes serious casualties or other serious consequences, which constitutes a crime, he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
If the principal responsible person or project responsible person of a construction entity commits an illegal act mentioned in the preceding paragraph, which is not serious enough for criminal punishment, he shall be fined not less than 20,000 yuan but not more than 200,000 yuan or shall be removed from his post in accordance with his administrative authority; he shall not be the principal responsible person or project responsible person of any construction entity within five years from the date of the completion of the penalty or the date of the punishment.
Article 67 If a construction unit, after obtaining its qualification certificate, lowers its safety production conditions, it shall be ordered to make corrections within a time limit; if it still fails to meet the safety production conditions corresponding to its qualification level after rectification, it shall be ordered to suspend business for rectification, lower its qualification level or even revoke its qualification certificate.
Article 68 The administrative penalties prescribed in these Regulations shall be decided by the competent construction administrative department or other relevant departments in accordance with their statutory functions and powers.
Violations of fire safety management regulations shall be punished by public security fire control institutions according to law.
Where there are other provisions in relevant laws and administrative regulations on the administrative penalty decision organ for illegal acts of safety in production of construction projects, such provisions shall prevail.
Chapter VIII Supplementary Provisions
Article 69 These Regulations shall not apply to the administration of production safety in emergency rescue and disaster relief and in low-rise houses built by farmers themselves.
Article 70 The administration of safe production of military construction projects shall be carried out in accordance with the relevant provisions of the Central Military Commission.
Article 71 These Regulations shall come into force as of February 1, 2004.
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