Notice on the issuance of the Administrative Measures for the Construction Law of Hubei Province
Hubei Construction Regulation (2016) No.4
Cities, prefectures, directly administered cities, Shennongjia Forest District Housing and Construction Committee:
The revised "Measures for the Administration of Hubei Province Construction Law" is now issued to you, please implement it carefully, and the original "Measures for the Administration of Hubei Province Construction Law" (E Jianwen (2006) No. 114) shall be repealed at the same time。
Annex: Measures for the Administration of Engineering construction Methods in Hubei Province
Hubei Provincial Department of Housing and Urban-Rural Development
August 11, 2016
Measures of Hubei Province for the Administration of engineering construction methods
Article one
In order to promote the technical innovation of construction enterprises in the province, improve the level of construction technology and management, and standardize the management of engineering construction method, these measures are formulated in accordance with the "Administrative Measures for Engineering Construction Method" of the Ministry of Housing and Urban-Rural Development。
Article 2
These Measures are applicable to the development, declaration, review and achievement management of engineering construction methods within the administrative area of Hubei Province。
Article 3
The construction method referred to in these Measures refers to a comprehensive construction method with engineering as the object, technology as the core, the principle of system engineering, the combination of advanced technology and scientific management, and the formation of a certain engineering practice。
The construction method is divided into three categories: housing construction engineering, civil engineering and industrial installation engineering。
Article 4
Construction methods are divided into enterprise, provincial and national levels, and hierarchical management is implemented。
The enterprise construction method shall be developed by the construction enterprise (hereinafter referred to as the enterprise) according to the characteristics of the project, through the practical application of the project, reviewed and announced by the enterprise organization, and the announced enterprise construction law shall be submitted to the provincial Department of Housing and Urban-Rural Development for the record。
The provincial construction law is voluntarily declared by enterprises on the basis of the enterprise construction law, recommended by the local housing and urban and rural construction authorities, and the provincial housing and urban and rural construction Department organizes the review and announcement。
The national construction law is voluntarily declared by the enterprise on the basis of the provincial construction law, and the provincial Department of Housing and Urban-Rural Development recommends the Ministry of Housing and Urban-Rural Development based on the best, and the Ministry of Housing and Urban-Rural Development organizes the review and announcement。
Article 5
The construction method must meet the national and provincial engineering construction guidelines, policies and standards, have advanced nature, scientific and applicable, can ensure the quality and safety of the project, improve the construction efficiency and comprehensive benefits, and meet the requirements of green building and green construction。
Article 6
The enterprise shall establish a construction method management system, formulate a construction method development plan according to the characteristics of the project, regularly organize the evaluation of the enterprise construction method, and actively promote the application of the project construction, promote the transformation of technological innovation results, and improve the scientific and technological content of the project construction。
Article 7
Local housing and urban and rural construction departments shall encourage, support and guide enterprises to develop and promote the application of construction methods。
Article VIII
The provincial Department of Housing and Urban-Rural Development organizes a provincial construction law review every two years, and the review follows the principle of selecting the best from the best and controlling the total amount。Construction method declaration, review, recommendation, results management and other work shall be organized and implemented by the provincial Construction engineering Administration Bureau。
The ninth article
The provincial construction method declaration follows the principle of voluntary enterprise, and the main completion units of each construction method declaration shall not exceed 2, there shall not be superior or subordinate or holding relationship between the completion units, and the main completion personnel shall not exceed 5 people。The applicant enterprise shall be the main completion unit of the development and application of construction methods。
Article ten
The following conditions should be met when applying for provincial construction methods:
(1) enterprise construction methods that have been announced and filed;
(2) The key technology of the construction method has reached the provincial leading level or above, and the new technology, new technology and new material used in the construction method has not yet met the corresponding engineering construction (national, industrial or local) standards, and has been demonstrated and approved by the technical expert committee organized by the competent department of housing urban and rural construction at the provincial level and above;
(3) The construction method has been applied in engineering practice, is safe and reliable, has high promotion and application value, and has significant economic and social benefits;
(4) The construction method follows the national and provincial guidelines, policies and mandatory standards for project construction, and meets the national development direction of construction technology and the requirements of green building and green construction;
(5) The content of the construction method is complete and complete, including the introduction, characteristics, scope of application, process principle, process flow and operation points, materials and equipment, quality control, safety measures, environmental protection measures, benefit analysis and application examples;
(6) The content of the construction method shall not be identical with the published national and provincial construction methods within the period of validity。
Article 11
Provincial construction law declaration data should include the following:
(A) Hubei Province engineering construction law declaration form;
(2) construction texts;
(3) enterprise-level construction method approval documents and construction method certificates;
(4) enterprise-level construction methods review opinions;
(5) Project application certificate, construction permit or commencement report, project construction contract issued by the construction unit or supervision unit;
(6) proof of economic benefits;
(7) Photos or video materials related to the application of construction methods;
(8) a non-disputed declaration involving the patent of another party;
(9) Scientific and technological novelty search reports, technical standards, patent certificates, award certificates of scientific and technological achievements and other relevant materials。
Article 12
The provincial construction law review is divided into three stages: formal review, professional group review and jury review。Adopt the meeting review method。
(1) Formal review。The integrity and conformity of the declaration data are reviewed, and those who meet the declaration conditions are included in the professional group review。
(2) Review by professional groups。The construction methods that have passed the formal review are divided into professional groups, and the evaluation experts review the key technical level of the construction method, the scientificity, rationality, safety and reliability of the process and operation points, the promotion and application value, and the text compilation, and the evaluation results are submitted to the evaluation committee for review。
(3) Review by the judging committee。Judging committee according to housing construction, civil engineering, industrial installation engineering three types of review and review, real-name voting, valid votes reached two-thirds and more passed the review。
Article 13
The provincial Department of Housing and Urban-Rural Development is responsible for establishing the provincial construction law review expert database, and the review experts are selected from the expert database。Experts should have senior or above professional and technical titles, have rich construction practical experience and solid professional basic theoretical knowledge, have served as the technical person in charge of large-scale construction enterprises or large-scale project technical person, age not more than 70 years old。
Article 14
Review adhere to the principles of justice and fairness, review experts in strict accordance with the review standards review, responsible for the review opinions, comply with the review discipline and confidentiality provisions, to ensure the seriousness and scientific nature of the review of construction methods。
Article 15
Provincial construction method review implementation of expert avoidance system, professional group review experts shall not review the enterprise construction method。
Article 16
The provincial Department of Housing and Urban-Rural Development shall publicize the provincial construction law approved by the review, and shall be published after there is no objection to the publicity。
Article 17
The units and individuals who have obtained the provincial construction law shall be issued a certificate by the provincial Department of Housing and Urban-Rural Development。
Article 18
The provincial construction law is valid for 8 years。
For the provincial construction method within the validity period, its completion unit should pay attention to technical tracking, pay attention to innovation and development, and maintain the advanced nature and applicability of construction method and technology。
If the provincial construction method beyond the validity period is still advanced, the completion unit of the construction method can be declared again。
Article 19
The unit that obtains the provincial construction law certificate is the owner of the construction law。The owner of the construction law may transfer the right to use the construction law with compensation in accordance with the relevant laws and regulations of the State, provided that the unit completing the construction law and the main person completing the construction law may not change。Without the consent of the owner of the construction method, no unit or individual may disclose the key technical contents of the construction method without authorization。
Article 20
Enterprises are encouraged to adopt new technologies, new processes, new materials and new equipment, and accelerate the accumulation of technologies and the transformation of scientific and technological achievements。Encourage the construction methods and their key technologies that meet the requirements specified in the Patent Law and science and technology awards to apply for patents and to apply for scientific and technological inventions and progress awards。
Article 21
Encourage enterprises to actively develop and promote the application of construction methods, and actively promote the incorporation of technology-leading, widely used, green and environmentally friendly construction methods with significant benefits into relevant national standards, industry standards and local standards。
Article 22
Local housing and urban and rural construction departments shall commend enterprises and individuals who have made outstanding contributions to the development and application of construction methods。The enterprise shall commend and reward individuals who have made outstanding contributions to the development and promotion of the application of construction methods。
Article 23
Enterprises that provide false materials to declare the provincial construction law shall be notified by the province, and their declaration of the provincial construction law shall not be accepted within 3 years。
If the enterprise obtains the provincial construction law by cheating means such as plagiarism, the title of the provincial construction law shall be revoked, and the province shall notify it, and its application for the provincial construction law shall not be accepted within 3 years。
Article 24
Review experts have favoritism, violation of the avoidance system and confidentiality discipline and other acts, cancel the provincial-level construction law review expert qualifications。
Article 25
These Measures shall come into force on the date of promulgation。The former Measures for the Administration of Hubei Province Engineering Construction Law (E Jianwen (2016) No. 114) was repealed at the same time。
