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Regulations of Shanghai Municipality on the Administration of Materials for Construction Works
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| (Adopted at the Fourteenth Session of the Standing Committee of the Eleventh Shanghai Municipal People' s Congress on November 26,
1999) Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Product Quality Law of the People' s Republic of China and the Construction Law of the People' s Republic of China in order to strengthen the administration on materials for construction works, guarantee the quality and safety of construction works, and promote the development of new types of materials for construction works, with full consideration given to the actual circumstances of this Municipality. Article 2 These Regulations are applicable to the production, sales, use and supervision of materials for constructions works, and the administration of promotion and applications of new types of materials for construction works within the administrative region of this Municipality. The materials for construction works in the foregoing paragraph refers to structural and functional materials such as steels, cement, yellow sand, cobblestone, gravel concrete, pre-cast concrete component parts, materials for walls, pipelines, doors and windows, waterproof materials, and etc. Article 3 Shanghai Municipal Construction Commission (hereinafter referred to as the SMCC) shall be in charge of the supervisory administration of the use of materials for construction works, and the administration of promotion of the application of new types of materials for construction works. Shanghai Municipal Construction Materials Industry Administrative Office (hereinafter to as the SMCMAO) shall be in charge of the specific administrative work on the use of materials for construction works, and promotion of the application of new types of materials for construction works. District / county construction administrative departments shall, according to its duties, take charge of the administrative work on materials for construction works within its administrative region. Shanghai Municipal Quality and Technology Supervision Bureau (hereinafter referred the Quality Supervision Bureau) shall be in charge of the administration of quality supervision of the production and sales of materials for construction works in accordance with law. Shanghai Municipal Economic Commission, Shanghai Municipal Science and Technology Commission, and Shanghai Municipal Industrial and Commercial Administrative departments shall coordinate the implementation of these Regulations according to their respective duties. Chapter II Administration of License and Use Permit of Materials for Construction Works Article 4 Quality Supervision Bureau shall, according to the stipulations stated in laws and administrative regulations, implement license control over materials for construction works through license granting; materials for construction works without production license shall not be manufactured and sold. The SMCC shall implement control over the materials to be used in the construction works of this Municipality, but not yet listed under the state production license control. Materials for construction works through use permit granting without the use permit of materials for construction works issued by the SMCC shall not be used in the construction works of this Municipality. Article 5 The manufacturer shall submit following documents to the SMCC when applying for use permit of materials for construction works in this Municipality: 1. Application; 2. Industrial and commercial business license; 3. Quality certificate of product testing issued by an inspection institution with appropriate qualifications; and 4. Letter of guarantee on product quality Article 6 For materials for construction works that are not manufactured in this Municipality, the manufacturers shall produce the use permit or valid certificate to the SMCC if they have already obtained a use permit issued by the construction administrative department at provincial level, or valid certificate issued by the quality and technology inspection department at provincial level. For the cement that is not produced in this Municipality but is used in the construction works in this Municipality, the manufacturer shall register at the SMCC and obtain the use permit of materials for construction works in this Municipality by producing the production license. For the materials for construction works that not manufactured in this Municipality, the manufacturers shall, according to Article 5 of these Regulations, apply for the use permit of materials for construction works in this Municipality if they have obtained neither a use permit issued by the construction administrative department at provincial level, nor valid certificate issued by the quality and technology inspection department at provincial level. Article 7 The materials for construction works manufactured and sold by a business entity from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, Taiwan Region and a foreign country that are to be used for construction works in this Municipality, except for those purchased by way of international bidding, such business entity shall have its inland or domestic sales agent apply for the use permit of materials for construction works in this Municipality according to Article 5 of these Regulations. Article 8 The SMCC shall complete the examination and verification within 15 days after the date of the receipt of all the application documents or certificates stipulated in Articles 5 and 6 of these Regulations. The SMCC shall issue the use permit of materials for construction works in this Municipality to the qualified materials only and shall give a written explanation to those unqualified materials that do not receive the use permit of materials for construction works in this Municipality. No fee shall be charged in issuing the use permit of materials for construction works in this Municipality. Article 9 The SMCC shall examine and inspect the unit with the use permit of materials for construction works in this Municipality once a year and no fee shall be imposed on such annual examination and inspection. Article 10 The Quality Supervision Bureau shall timely announce the name of the materials for construction and the name of the unit that manufactures them and receives the production license. The SMCC shall timely announce the name and the name of the materials for construction and the name of the unit that receives the use permit of materials for construction works in this Municipality. Chapter III Quality Control of the Materials for Construction Works Article 11 The manufacturer of materials for construction works shall manufacture the materials for construction works in compliance with quality standards, and provide the letter of quality guarantee and instructions, and it shall be responsible for the quality of its materials for construction works that leave the factory (workshop). The manufacturer shall not pass off the spurious as the genuine, or the inferior as the good, or sell the unqualified products as qualified ones. The quality of the materials for construction works shall be in compliance with the state standards, industry standards, or local standards. Article 12 The sales unit of materials for construction shall check and accept the materials when they are received, verify the production license or the use permit of materials for construction works in this Municipality, letter of quality guarantee, and instructions. The sales unit of materials for construction works shall be held liable for the quality of the materials for construction works that it sells. The sales unit shall not pass off the spurious as the genuine, or the inferior as the good, or sell the unqualified products as qualified ones. The sales unit shall furnish the buyer with the copies of production license or the use permit of materials for construction works in this Municipality, letter of quality guarantee, and instructions. Article 13 The owner of construction works, the general contractor of construction works, or the construction unit shall purchase the materials for construction works with production license or the use permit of materials for construction works in this Municipality. The owner of construction works, the general contractor of construction works, or the construction unit shall purchase the materials for construction works that are in conformity with the design requirements of construction works. In case the construction works design requires using a complete set of materials for construction works, the complete set of materials of construction works that complies with the requirement of the design shall be purchased. Article 14 The owner of construction works, the general contractor of construction works, or the construction unit shall purchase materials for construction works for the following construction works in this Municipality by way of bidding inviting and tendering bids: 1. Major works of infrastructure, public utilities and any projects that relate to social public welfare and public security; 2. Projects that are invested with all or part of state-own fund, or utilize state financing; 3. Projects that utilize loans or aid from international organizations or foreign governments; and 4. Other projects stipulated by law or the State Council. Article 15 The construction unit shall carry out incoming-goods inspection and quality test of materials for construction works. It shall not use any unqualified materials for construction works. If a construction unit inspects the materials for construction works on its own, such construction unit shall obtain the appropriate qualifications. If the construction unit has not obtained the appropriate qualification, it shall entrust the testing institution with appropriate qualification to inspect and test the materials. The SMCC shall formulate specific Procedures for a construction unit to inspect the quality of materials for construction works. Article 16 For the construction works that shall be supervised according to the stipulations of the state and this Municipality, the quality and use condition of the materials for construction works shall be included in the scope of the supervision of construction works. The supervision unit shall supervise and inspect the quality test of the materials for construction works done by the construction unit. The materials for construction works that have not been approved with signature by the supervision unit shall not be used in the construction works. Article 17 The Quality Supervision Bureau shall spot test the quality of materials for construction works manufactured and sold according to stipulations of the relevant laws, rules, and regulations. Every year, the SMCC or the district / county construction administrative departments shall organize to spot test the quality of materials for construction works at the construction sites in this Municipality. The Quality Supervision Bureau, the SMCC or the district / county construction administrative departments shall timely announce the result of spot test on the quality of materials for construction works. The expenses needed for spot test shall be allocated by the finance department at the same level; no fee shall be imposed on the examinee. Article 18 Every unit and individual person may inform the Quality Supervision Bureau, the SMCC and the district / county construction administrative department on the quality problems of materials for construction works. The Quality Supervision Bureau, the SMCC and the district / county construction administrative departments shall accept and hear the case and attend to it in a timely manner. Chapter IV Control Over the Promotion and Application of New Types of Materials for Construction Works. Article 19 This Municipality encourages the development, promotion and application of new types of materials for construction works that save land and energy, contain high-tech and are favorable to environmental protection. The SMCMAO shall propose a list of new types of materials for construction works to be promoted and applied in this Municipality by collaborating with relevant departments and publish such list upon the approval from the SMCC. Article 20 Design units of construction works shall give priority to the new types of materials for construction works to be promoted and applied in designing, and shall design according to technical standards of materials to be applied in a complete set. The owner of construction works, the general contractor of construction works, or the construction unit shall give priority to new types of materials for construction works in purchasing and application. The construction unit shall master the construction technology of new types of materials for construction works, and shall lay down the operating rules according to the operation construction technology. Article 21 The manufacturer of new types of materials for construction works may apply to the SMCMAO for identification of new types of materials for construction works. The following documents shall be submitted in applying for identification of new types of materials for construction works: 1. Application; 2. Adopted product standards and construction technology; 3. Pass certificate of production inspection issued by a testing institution with appropriate qualifications; and 4. Certificate of quality assurance management system. The SMCMAO shall issue Identification Certificate to the qualified new types of materials for construction works, or give written explanation for reasons not to issue the certificate to unqualified ones after finishing the examination and verification within three months after the date of receipt of application documents. Article 22 The SMCMAO shall directly issue Identification Certificate of new types of materials for construction works to the manufacturer if the materials for construction works have the following certificates: 1. New Product Authentication Certificate of this Municipality; 2. Identification Certificate on the project transferred from the high-tech achievements of this Municipality; or 3. Identification Certificate on the high-tech enterprise, and carrying on production in compliance with the identified technology and equipment. Article 23 Manufacture of materials for construction works, which have acquired Identification Certificate of New Types of Materials for Construction Works of this Municipality, may apply to the SMCC for the grant of use permit of materials for construction works of this Municipality. Article 24 This Municipality prohibits or restricts the production and use of materials for construction works that are environment polluting, high-energy consuming, and backward production technology. This Municipality prohibits the production of solid clay bricks, restricts the production of structured clay bricks, and restricts the use of solid clay bricks and structured clay bricks. List of other prohibited or restricted production and use of materials for construction works will be proposed by the SMCMAO, and shall be announced upon the approval from the Municipal People' s Government. The Municipal People' s Government shall formulate procedures on administration of restricting the production and use of materials for construction works. Chapter V Legal Liability Article 25 Anyone who violates these Regulations by doing one of the following acts shall be ordered by the SMCC or the district / county construction administrative department to make correction, and shall cumulatively punish the wrongdoing unit with a fine of 20,000 to 200,000 yuan inclusive; and the person in charge and the person(s) directly liable with a fine of 5,000 to 50,000 yuan inclusive. If the wrongful act constitutes a crime, the wrongdoer(s) shall be prosecuted for his/her (their) criminal liability: 1. The owner of construction works, the general contractor of construction works, or the construction unit purchases materials for construction works that do not have the production license, or the use permit of materials for construction works in this Municipality; or 2. The general contractor of construction works, or the construction unit uses unqualified materials for construction works, or uses materials that are prohibited to be used in the construction works. If the general contractor of construction works, or the construction unit has done any of the acts stated in the foregoing paragraph, and the case is serious, the SMCC may lower its qualification grade or revoke its qualification certificate. Article 26 If the owner of construction works, the general contractor of construction works, or the construction unit does not purchase the materials for construction works by way of invitation and tender of bidding that shall be purchased by way of invitation and tender of bidding, the SMCC shall order it to make correction, and may cumulatively punish it with a fine of 0.5% to 1% of the contract value inclusive. Article 27 If the construction unit violates these Regulations by failing to test the materials for construction works that it uses, the SMCC or the district / county construction administrative department shall order it to make correction, and may cumulatively punish it with a fine of 5,000 to 50,000 yuan inclusive. Article 28 If the manufacturer violates these Regulations by producing solid clay bricks or other materials for construction works that are prohibited to be produced in this Municipality, the SMCC or the district / county construction administrative department shall order it (him/her) to make correction and may cumulatively punish it (him/her) with a fine of 10,000 to 100,000 yuan inclusive. Article 29 If the materials for construction works under use permit control are found unqualified in quality at the construction sites through spot test, the SMCC or the district / county construction administrative department shall order the manufacturer or its sales agent to correct within the time limit. If the manufacturer or its sales agent fails to correct within the time limit, or spot tests show unqualified in quality for consecutive 2 times, the SMCC shall revoke the use permit of materials for construction works in this Municipality that it has issued. Article 30 If the manufacturer and the sales unit of materials for construction works pass off the spurious as the genuine, or the inferior as the good, or sell the unqualified products as qualified ones, the quality technology supervision, industrial and commercial administrative department, and relevant department shall, according to their respective duties stipulated by law and according to the Product Quality Law of the People' s Republic of China, order them to stop the production and sales, confiscate the illegal gains, and cumulatively punish them with a fine, and may revoke business license. Those whose wrongful act constitutes a crime, shall be prosecuted for their criminal liability. Article 31 If the supervision unit violates these Regulations by failing to supervise and inspect the testing of quality of materials for construction works used by the construction unit, the SMCC or the district / county construction administrative department may impose on it a fine of 5,000 to 50,000 yuan inclusive. Article 32 In addition to the penalties stipulated in these Regulations, the wrongful acts of producing, selling, and using the materials for construction works shall be penalized by relevant administrative departments according to other relevant laws, rules and regulations. Those whose wrongful act constitutes a crime shall be prosecuted for their criminal liability. Article 33 If the SMCC violates these Regulations in issuing the use permit of materials for construction works in this Municipality, the Municipal People' s Government shall order it to make correction, or retrieve the authority to issue the use permit of materials for construction works in this Municipality. If the directly responsible person and other directly responsible persons of the administrative departments that are responsible for the production, sales, use, and supervision and control of materials for construction works, and responsible for the promotion and application of new types of materials for construction works, neglect their duties, abuse their power, act wrongly for selfish ends, such person shall be given disciplinary sanctions by the unit or the competent department at higher level. Those whose wrongful act constitutes a crime shall be prosecuted for their criminal liability. Article 34 The party concerned, who does not accept the specific administrative acts, may apply for an administrative reconsideration or bring an administrative action according to the Administrative Review Law of the People' s Republic of China and the Administrative Litigation Law of the People' s Republic of China In case the party concerned does not apply for a reconsideration, nor bring an administrative action, nor does he / she comply with the specific administrative acts; the department that has done the specific administrative acts can apply to the People' s Court for enforcement in accordance with the Administrative Litigation Law of the People' s Republic of China. Chapter VI Supplementary Provisions Article 35 These Regulations shall become effective on January 1, 2000. |
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