Order No. 393 of the State Council

The "Regulations on the Safe Production of Construction Projects" was passed at the 28th executive meeting of the State Council on November 12, 2003 and is hereby promulgated. It will come into effect on February 1, 2004.

Premier Wen Jiabao

November 24, 2003

Chapter 1 General Provisions

Article 1 These Regulations are formulated in accordance with the "Construction Law of the People's Republic of China" and the "Safe Production Law of the People's Republic of China" in order to strengthen the supervision and management of construction work safety and ensure the safety of people's life and property.

Article 2 The relevant activities in the construction, expansion, reconstruction, and demolition of construction projects within the territory of the People's Republic of China and the implementation of the supervision and administration of the safe production of construction projects must comply with these Regulations.

The term “construction project” as mentioned in these Regulations refers to civil engineering, construction engineering, installation of line pipes and equipment, and renovation works.

Article 3 The construction of safety management for construction projects shall be based on the principles of safety first and prevention.

Article 4 Construction units, survey units, design units, construction units, project supervision units, and other units involved in the safe production of construction projects must abide by the provisions of laws and regulations for safe production, ensure the safety of construction projects, and assume the safety of construction projects according to law. Production responsibility.

Article 5 The State encourages the construction of scientific and technological research on the safe production of projects and the promotion and application of advanced technologies, and promotes the scientific management of safe production of construction projects.

Chapter II Safety Responsibility of Construction Units

Article 6 The construction unit shall provide the construction unit with underground pipeline data, meteorological and hydrological observation data, neighboring buildings and structures, such as water supply, drainage, power supply, gas supply, heating, communications, radio and television, etc., at the construction site and adjacent areas. The relevant information of underground engineering, and ensure that the information is true, accurate and complete.

When a construction unit asks the relevant department or unit for the information stipulated in the preceding paragraph due to the needs of the construction project, the relevant department or entity shall provide it in a timely manner.

Article 7 The construction unit may not make requirements for survey, design, construction, project supervision, etc., that do not meet the requirements of the laws, regulations, and mandatory standards for safety production of construction projects, and may not shorten the contractual period.

Article 8 When compiling the project budget, the construction unit shall determine the cost for the safe operation environment and safe construction measures for the construction project.

Article 9 The construction unit shall not expressly or imply that the construction unit purchases, leases or uses safety protective equipment, mechanical equipment, construction equipment and fittings, fire-fighting facilities and equipment that do not meet the requirements for safe construction.

Article 10 When applying for the construction permit, the construction unit shall provide information on the safety construction measures for the construction project.

In accordance with the law approving the construction report for the start of construction report, the construction unit shall, within 15 days from the date of approval of the start-up report, submit the measures for ensuring safe construction to the construction administrative department of the local people's government at or above the county level where the construction project is located or other relevant departments for the record.

Article 11 The construction unit shall contract the demolition project to the construction unit with the corresponding qualification level.

The construction unit shall, 15 days before the demolition project construction, submit the following materials to the construction administrative department of the local people's government at or above the county level where the construction project is located or other relevant departments for the record:

(1) Certificate of the qualification level of the construction unit;

(2) Demolition of buildings, structures and descriptions that may endanger the adjacent buildings;

(3) dismantling the construction organization plan;

(4) Measures for stacking and removing wastes.

The implementation of blasting operations shall comply with the provisions of the State concerning the management of civil explosives.

Chapter III Safety Responsibility of Investigation, Design, Project Supervision and Other Related Units

Article 12 The investigation unit shall conduct surveys in accordance with laws, regulations, and mandatory standards for project construction. The survey documents provided shall be authentic and accurate and meet the requirements for safe production of the construction project.

The surveying agency shall strictly follow the operating procedures and take measures to ensure the safety of various types of pipelines, facilities and surrounding buildings and structures during the survey operation.

Article 13 A design unit shall design in accordance with laws, regulations, and mandatory standards for project construction to prevent production safety accidents from occurring due to irrational design.

The design unit shall consider the need for safe operation and protection of construction, indicate the key parts and links involving construction safety in the design documents, and provide guidance on the prevention of production safety accidents.

With the construction of new structures, new materials, and new technologies and the construction of special structures, the design unit shall propose measures to protect the safety of construction workers and prevent production safety accidents in the design.

Registered practitioners such as design institutes and registered architects shall be responsible for their design.

Article 14 The project supervision unit shall review whether the safety technical measures or special construction plans in the construction organization design meet the mandatory standards for project construction.

In the course of implementing supervision, the engineering supervision unit found that there are hidden dangers of safety accidents, the construction unit shall be required to make rectifications; if the situation is serious, the construction unit shall be required to temporarily stop the construction and timely report the construction unit. If the construction unit refuses to rectify or stop the construction, the project supervision unit shall report to the relevant competent authority in a timely manner.

The engineering supervision unit and supervision engineer shall implement supervision in accordance with laws, regulations, and mandatory standards for project construction, and shall assume supervision responsibility for construction safety production.

Article 15 Units providing machinery equipment and accessories for construction projects shall be equipped with complete safety facilities and equipment such as insurance and limit positions in accordance with the requirements for safe construction.

Article 16 The leased mechanical equipment, construction equipment and accessories shall have production (manufacturing) licenses and product certifications.

The rental unit shall test the safety performance of the leased mechanical equipment and construction equipment and accessories. When signing the lease agreement, it shall issue a test certificate.

It is forbidden to rent out unqualified mechanical equipment and construction equipment and accessories.

Article 17 Installation and dismantling of construction hoisting equipment and integral jack-ups, formworks and other jack-up erection facilities at the construction site must be undertaken by qualified units.

Installation and dismantling of construction lifting appliances and lifting of scaffolds, formworks and other self-erecting erection facilities shall be carried out for the preparation of disassembly and assembly schemes, the formulation of safety construction measures, and on-site supervision by professional and technical personnel.

After the construction lifting equipment and integral lifting scaffolds, formworks and other self-erecting erection facilities have been installed, the installation unit shall self-inspect, issue a self-certification certificate, and provide safety construction instructions to the construction unit, go through acceptance procedures and sign.

Article 18 The use of construction hoisting equipment and integral lifting scaffolds, formwork, etc. for the use of self-erecting erection facilities that meet the national inspection and testing deadlines must be tested by professional inspection and inspection agencies. Those that fail to pass the test shall not continue to use it.

Article 19 Inspection and inspection agencies shall issue safety certification documents for the construction of lifting appliances, hoisting scaffolds, and jack-up erection facilities that are qualified for inspection, and shall be responsible for the inspection results.

Chapter IV Safety Responsibility of Construction Units

Article 20 The construction unit that engages in the construction, expansion, reconstruction, and dismantling of construction projects shall have the registered capital, professional and technical personnel, technical equipment, and safe production conditions stipulated by the state, and obtain corresponding qualification certificates according to law, and The project is contracted within the scope of its qualification level.

Article 21 The principal person in charge of a construction unit shall be fully responsible for the safety production work of the unit. The construction unit shall establish and improve the safety production responsibility system and the safety production education and training system, formulate the safety production rules and regulations and operating procedures, ensure the investment required for the safety production conditions of the unit, and conduct regular and special safety inspections on the construction projects undertaken. And make a safety inspection record.

The person responsible for the project of the construction unit shall be assumed by the person who has obtained the corresponding qualification for practice and shall be responsible for the safe construction of the construction project, implement the responsibility system for safety production, the rules and regulations for safe production, and the operating rules to ensure the effective use of the safety production cost, and The characteristics of the organization to develop safety construction measures to eliminate hidden dangers of safety accidents, timely and truthfully report production safety accidents.

Article 22 The construction unit's expenses for the safe operating environment and safety construction measures included in the budget estimates for construction projects shall be used for the procurement and renewal of construction safety protection appliances and facilities, the implementation of safe construction measures, and the improvement of safe production conditions. Can not be used for other purposes.

Article 23 The construction unit shall establish a safety production management agency and be equipped 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 a hidden danger of a safety accident is discovered, it shall promptly report to the person in charge of the project and the safety production management organization; if any illegal operation or illegal operation is conducted, it shall be immediately stopped.

The measures for the allocation of full-time safety production management personnel shall be formulated by the administrative department of construction under the State Council in conjunction with other relevant departments of the State Council.

Article 24 If a general contractor for a construction project is to be carried out, the general contractor shall be responsible for the safety of the construction site.

The general contractor shall complete the construction of the main structure of the construction project on its own.

If the general contractor has subcontracted the construction project to other units in accordance with the law, the subcontracts shall clearly define their respective rights and obligations in terms of safety production. The general contractor and subcontractor shall jointly and severally assume responsibility for the safe production of the subcontracted project.

The subcontractor shall comply with the safety production management of the general contractor, and the subcontractor shall assume the main responsibility if the subcontractor fails to obey the management and lead to production safety accidents.

Article 25 Special operators such as vertical transportation machinery operators, installation and disassembly workers, blasting operators, lifting signal workers, erection erection workers, etc., must go through special safety operation training in accordance with relevant state regulations and obtain special operation operations. After the qualification certificate, you can start work.

Article 26 The construction unit shall formulate the safety technical measures and the temporary power use plan at the construction site in the construction organization design, prepare a special construction plan for the following dangerous partial projects that reach a certain scale, and attach a safety inspection. As a result, after being signed by the technical person in charge of the construction unit and the chief supervision and management engineer, full-time safety production management personnel perform on-site supervision:

(i) foundation pit support and precipitation engineering;

(b) earth excavation works;

(c) Formwork engineering;

(d) Lifting and lifting works;

(e) Scaffolding works;

(6) Demolition and blasting works;

(7) Other dangerous projects as prescribed by the administrative department of construction of the State Council or other relevant departments.

For the special construction plans involving deep foundation pits, underground excavation works, and large formwork works in the projects listed in the preceding paragraph, the construction unit shall also organize experts to conduct demonstrations and examinations.

The standards for hazardous works that meet the requirements of the first paragraph of this Article shall be formulated by the administrative department of construction under the State Council in conjunction with other relevant departments of the State Council.

Article 27 Prior to the construction of a construction project, the technical personnel responsible for project management of the construction unit shall make detailed explanations to the construction work team and operators regarding the technical requirements for safe construction, and shall be signed and confirmed by both parties.

Article 28 The construction unit shall be at the entrance to the construction site, construction cranes, temporary electrical facilities, scaffolds, entrance/exit gates, stairways, lift wellheads, hole openings, bridge openings, tunnel openings, edge of foundation pit, blasting The hazardous locations such as objects and hazardous gas and liquid deposits shall be provided with obvious safety warning signs. Safety warning signs must comply with national standards.

The construction unit shall take appropriate safety construction measures at the construction site according to the changes in different construction phases and the surrounding environment, season and climate. If the construction site temporarily suspends construction, the construction unit shall do a good job of on-site protection, and the necessary expenses shall be borne by the responsible party, or be executed in accordance with the contract.

Article 29 The construction unit shall set up the office and living areas on the construction site separately from the operation area and maintain a safe distance. The site selection of office and living areas shall meet the safety requirements. Workers' meals, drinking water, rest places, etc. shall meet the hygiene standards. The construction unit must not set up staff quarters in buildings that have not yet been completed.

Buildings erected temporarily on the construction site shall meet the requirements for safe use. The prefabricated mobile home used on the construction site should have a product certification.

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 the construction projects.

The construction unit shall comply with the provisions of relevant environmental protection laws and regulations and take measures at the construction site to prevent or reduce the hazards and pollution of dust, waste gas, waste water, solid waste, noise, vibration and construction lighting to people and the environment.

In construction projects in urban areas, construction units shall implement closed enclosures on the construction site.

Article 31. The construction unit shall establish a fire safety responsibility system at the construction site, determine the responsible person for fire safety, and formulate various fire safety management systems and operating rules for the use of fire, electricity, use of flammable and explosive materials, and set up fire exits. , fire water, equipped with fire-fighting facilities and fire-fighting equipment, and set clear signs at the entrance to the construction site.

Article 32. The construction unit shall provide safety protective equipment and safety protective clothing to the operators, and shall inform the operators in writing of the operating procedures and the hazards of illegal operation.

Operators have the right to criticize, report and accuse the safety problems existing in the construction site's operating conditions, operating procedures, and operating methods, and have the right to refuse illegal command and force adventurous operations.

When an emergency that endangers personal safety occurs during construction, the operator has the right to stop the operation immediately or to evacuate the dangerous area after taking necessary emergency measures.

Article 33 Operators shall abide by the mandatory standards, rules and regulations and operating procedures for safe construction, and properly use safety protective equipment and mechanical equipment.

Article 34 The safety protective equipment, mechanical equipment, construction equipment and accessories purchased and leased by the construction unit shall have production (manufacturing) licenses and product certifications, and shall be inspected before entering the construction site.

The safety protection equipment, machinery and equipment, construction equipment and accessories for the construction site must be managed by special personnel, carry out regular inspections, repairs and maintenance, establish corresponding data files, and timely dispose of them in accordance with relevant state regulations.

Article 35. Before using the construction lifting appliances and lifting jack-ups, stencils and other jack-up erection facilities as a whole, the construction unit shall organize relevant units to carry out inspection and acceptance, and may also entrust inspection and testing institutions with corresponding qualifications to carry out inspection and acceptance; For mechanical equipment and construction equipment and fittings, the construction general contracting unit, subcontracting unit, rental unit and installation unit shall jointly perform the inspection and acceptance. Only qualified for acceptance.

The construction lifting appliances as stipulated in the “Regulations for the Supervision and Management of Special Equipment Safety” shall be subject to the supervision and inspection of qualified inspection and testing agencies before acceptance.

The construction unit shall register with the construction administrative department or other relevant departments within 30 days from the date of acceptance of the hoisting machinery, lifting scaffolds, and other jack-up erection facilities. The registration mark should be placed or attached to the device in a prominent position.

Article 36 The main person in charge of the construction unit, the person in charge of the project, and the full-time safety production management personnel shall not be allowed to work until they have passed the assessment by the construction administrative department or other relevant departments.

The construction unit shall conduct at least one safe production education training for managers and operators each year, and their education and training shall be recorded in the personal work files. Persons who fail to pass the safety production education training assessment shall not be employed.

Article 37 Before the operator enters a new position or a new construction site, he shall receive training in safety production education. Those who fail to educate or fail to pass the assessment of education and training shall not be allowed to perform assignments.

When adopting new technologies, new processes, new equipment, and new materials, the construction unit should provide appropriate safety education and training for the operators.

Article 38. The construction unit shall handle accidental injury insurance for personnel engaged in dangerous operations at the construction site.

The accidental injury insurance premium will be paid by the construction company. Where general contracting for construction is carried out, the general contractor shall pay the accidental injury insurance premium. The period of accidental injury insurance shall start from the date of construction of the construction project until the completion acceptance.

Chapter V Supervision and Management

Article 39 The State Council department responsible for the supervision and administration of production safety shall, in accordance with the provisions of the "Safety Production Law of the People's Republic of China," implement comprehensive supervision and administration of the safety production of construction projects throughout the country.

The departments responsible for safety production supervision and management of the local people's governments at or above the county level shall, in accordance with the provisions of the "Safe Production Law of the People's Republic of China," implement comprehensive supervision and management of the safety production work of construction projects within their respective administrative areas.

Article 40 The administrative department for construction of the State Council shall exercise supervision and administration over the safety production of construction projects throughout the country. The State Council’s railways, transportation, water conservancy, and other relevant departments shall, in accordance with the division of responsibilities assigned by the State Council, be responsible for the supervision and administration of the safety production of the relevant professional construction projects.

The construction administrative department of the local people's government at or above the county level shall exercise supervision and management over the safety production of the construction projects within its administrative area. The transportation, water conservancy, and other relevant departments of local people's governments at or above the county level shall be responsible for the supervision and administration of the safety production of professional 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 stipulated in Articles 10 and 11 of these Regulations to the departments responsible for safety production supervision and management at the same level.

Article 42 When reviewing and issuing the construction permit, the administrative department of construction shall examine whether there is a safe construction measure for the construction project, and shall not issue a construction permit for any construction without a safe construction measure.

The construction administrative department or other relevant department shall not collect fees when reviewing whether there are safe construction measures for the construction project.

Article 43: The people's governments at or above the county level who have the responsibilities for the supervision of construction safety production management perform their duties of safety supervision and inspection within their respective areas of responsibility and have the right to take the following measures:

(1) requiring the unit being inspected to provide documents and information concerning the safe production of construction projects;

(2) Entering the inspection site to inspect the construction site;

(3) correcting violations of safety production requirements during construction;

(4) If the hidden dangers of safety accidents discovered in the inspection are ordered to be eliminated immediately; if the safety risks cannot be guaranteed before or after the hidden dangers of major safety accidents are eliminated, the operation personnel shall be ordered to withdraw from the hazardous area or to suspend the construction temporarily.

Article 44 The administrative department of construction or other relevant departments may entrust the supervision and inspection of the construction site to the safety supervision institution of the construction project.

Article 45 The state shall implement the elimination system for the crafts, equipment and materials that seriously endanger the safety of construction. The specific directory shall be formulated and announced by the State Council’s administrative department of construction in conjunction with other relevant departments of the State Council.

Article 46: The construction administrative departments of the people's governments at or above the county level and other relevant departments shall promptly accept reports, accusations, and complaints concerning hidden dangers of production engineering safety accidents and safety accidents.

Chapter 6 Emergency Rescue and Investigation of Production Safety Accidents

Article 47: The construction administrative department of the local people's government at or above the county level shall, in accordance with the requirements of the people's government at the same level, formulate an emergency rescue plan for the construction of a major production safety accident within the administrative area.

Article 48 The construction unit shall formulate an emergency rescue plan for production safety accidents of this unit, establish an emergency rescue organization or be equipped with emergency rescue personnel, be equipped with necessary emergency rescue equipment and equipment, and regularly organize drills.

Article 49: The construction unit shall monitor the locations and links of major accidents at the construction site according to the characteristics and scope of the construction of the construction project, and formulate an emergency rescue plan for production safety accidents at the construction site. Where general contracting for construction is carried out, the general contractor shall uniformly organize the preparation of emergency rescue plans for construction projects and safety accidents. The general contractor and subcontractors shall, in accordance with the emergency rescue plan, establish emergency rescue organizations or be equipped with emergency rescue personnel, and be equipped with rescue equipment. Equipment, and regularly organize drills.

Article 50 When a production safety accident occurs in a construction unit, it shall report to the department in charge of safety production supervision and management, the construction administrative department or other relevant departments in a timely and truthful manner in accordance with the relevant national accident casualty accident report and investigation and handling regulations; special equipment occurs. In case of an accident, it shall also report to the special equipment safety supervision and management department at the same time. The department receiving the report shall report according to the relevant regulations of the country.

The general contractor shall be responsible for reporting the accident to the implementation of the general contracting construction project.

Article 51 After a production safety accident occurs, the construction unit shall take measures to prevent the accident from expanding and protect the accident site. When it is necessary to move items on the site, it is necessary to make marks and written records and keep the relevant exhibits properly.

Article 52 The investigation of production safety accidents in construction projects and the penalties and handling of the responsible accident units and responsible persons shall be carried out in accordance with the provisions of relevant laws and regulations.

Chapter VII Legal Liability

Article 53 In violation of the provisions of these Regulations, if the personnel of the construction administrative department of the people's government at or above the county level or the staff of other relevant administrative departments commit any of the following acts, they shall be given administrative sanctions for demotion or dismissal; The relevant provisions of the criminal law investigate criminal responsibility:

(1) Issuing qualification certificates for construction units that do not have safe production conditions;

(2) Issuing construction permits for construction projects without safe construction measures;

(3) It is found that violations are not investigated;

(4) Other acts that do not perform supervision and management duties according to law.

Article 54 In violation of the provisions of these Regulations, if the construction unit fails to provide the cost for construction of the project's safe production operation environment and safe construction measures, it shall be ordered to make corrections within a time limit; if the construction unit fails to make corrections within the time limit, the construction project shall be ordered to stop construction.

If the construction unit fails to report the measures for guaranteeing safe construction or the relevant information of the demolition project to the relevant department for record, it shall be ordered to make corrections within a time limit and a warning shall be given.

Article 55 Whoever, in violation of the provisions of these Regulations, the construction unit commits one of the following acts, shall be ordered to make corrections within a time limit and shall be imposed upon a fine of 200,000 yuan up to 500,000 yuan; if a major safety accident is caused, which constitutes a crime, the person directly responsible shall be Criminal liability shall be pursued in accordance with the relevant provisions of the Criminal Law; if damage is caused, it shall be liable for compensation according to law:

(1) The requirements of the survey, design, construction, project supervision and other units that do not comply with the provisions of safety production laws, regulations, and mandatory standards;

(B) require the construction unit to contract the contract period;

(3) The demolition project shall be contracted to a construction unit that does not have a corresponding qualification level.

Article 56 If anyone violates the provisions of these Regulations and one of the following acts is committed by a surveying unit or a design unit, he shall be ordered to make correction within a time limit and a fine of 100,000 yuan up to 300,000 yuan shall be imposed; where the circumstances are serious, he shall be ordered to suspend business for rectification, and the qualification level shall be lowered. Until the suspension of the qualification certificate; causing a major safety accident and constituting a crime, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if damage is caused, it shall be liable for compensation according to law:

(1) Failure to carry out surveys and designs in accordance with laws, regulations, and mandatory standards for project construction;

(2) With the construction of new structures, new materials, and new processes, and the construction of special structures, the design unit has not proposed measures to protect the safety of construction workers and prevent production safety accidents in the design.

Article 57 In violation of the provisions of these Regulations, if the project supervision unit commits any of the following acts, it shall be ordered to make corrections within a time limit; if it has not been corrected 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; Reducing the qualification level until the qualification certificate is revoked; causing major safety accidents and constituting a crime, the persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if damages are caused, they shall be liable for compensation according to law:

(1) failing to review the safety technical measures or special construction plans in the construction organization design;

(2) discovering that hidden dangers of safety accidents did not promptly require the construction unit to rectify or temporarily suspend construction;

(3) The construction unit refuses to rectify or stop the construction and fails to report to the relevant competent authority in a timely manner;

(4) Failing to implement supervision according to laws, regulations, and mandatory standards for project construction.

Article 58 If a registered practitioner has not implemented the mandatory standards for the construction of laws, regulations, and projects, he shall be ordered to stop practicing for more than 3 months but less than 1 year; if the circumstances are serious, the practice qualification certificate shall be revoked and will not be registered within 5 years; In the event of an accident, registration shall not be granted for life; if a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

Article 59 Where a unit that violates the provisions of these Regulations to provide machinery equipment and accessories for construction projects and fails to complete effective safety facilities and installations such as insurance and limit positions in accordance with the requirements for safe construction, shall be ordered to make corrections within a limited time and the contract price shall be imposed. A fine of 1 time or more and 3 times or less; if damage is caused, it shall be liable for compensation according to law.

Article 60 In violation of the provisions of these Regulations, if a rental unit leases mechanical equipment, construction equipment, and accessories that have not been tested for safety performance or have been unqualified, it shall be ordered to suspend business for rectification, and shall be fined between 50,000 yuan and 100,000 yuan; If losses are caused, they shall be liable for compensation according to law.

Article 61 In violation of the provisions of these Regulations, if one of the following acts is imposed by the installation and dismantling units of the hoisting machinery and integral lifting scaffolds, formworks, and other jack-up erection facilities, they shall be ordered to make corrections within a time limit of more than 50,000 yuan and 100,000 yuan. The following fines: if the circumstances are serious, the enterprise shall be ordered to suspend business for rectification, and the qualification level shall be lowered until the qualification certificate is revoked; if the loss is caused, it shall be liable for compensation according to law:

(1) Failure to formulate dismantling plans and formulate safe construction measures;

(2) It has not been supervised on-site by professional and technical personnel;

(3) failing to issue a self-certification certificate or issuing a false certificate;

(4) failing to make safe use instructions to the construction unit and handle the transfer formalities.

The installation and disassembly units of the construction cranes and lifting jacks, formworks, and other jack-up erection facilities are subject to the actions specified in (1) and (3) of the preceding paragraph. After being proposed by the employees of the relevant departments or units, they may be involved in accidents. If no measures are taken, serious casualty accidents or other serious consequences will result and crimes will be committed. Persons directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

Article 62 If the construction unit commits any of the following acts in violation of the provisions of these Regulations, it shall be ordered to make corrections within a time limit; if it has not been corrected within the time limit, it shall be ordered to suspend business for rectification, and a fine shall be imposed in accordance with the relevant provisions of the "PRC Safety Production Act"; If a security accident constitutes a crime, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) failing to set up a safety production management agency, staffed with full-time safety production management personnel or part-time project construction without on-site supervision of full-time safety production management personnel;

(2) The main person in charge of the construction unit, the person in charge of the project, the full-time safety production management personnel, the operating personnel, or the special operation personnel, who have not engaged in related work without safety education and training or failing the assessment;

(3) Failing to install obvious safety warning signs on the dangerous parts of the construction site, or failing to set up fire exit channels, fire water sources, fire fighting facilities and fire fighting equipment on the construction site in accordance with relevant state regulations;

(4) Failing to provide safety protection equipment and safety protective clothing to the operators;

(5) Failing to register according to the regulations after passing the inspection and acceptance of construction hoisting machinery and integral lifting scaffolds, formworks and other jack-up erection facilities;

(6) The use of technologies, equipment, and materials that have been eliminated or prohibited from use by the state and that endanger the safety of construction.

Article 63 In violation of the provisions of these Regulations, if the construction unit misappropriates the expenses required for the safe production operation environment and safe construction measures that are included in the budget estimates for construction projects, it shall be ordered to make corrections within a time limit, and a fine of more than 20% but less than 50% shall be imposed; If it is lost, it shall bear the liability for compensation according to law.

Article 64 In violation of the provisions of these Regulations, if a construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit; if it has not been corrected within the time limit, it shall be ordered to suspend business for rectification, and a fine of 50,000 yuan up to 100,000 yuan shall be imposed concurrently; causing a major safety accident If it constitutes a crime, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law:

(1) Failing to specify the technical requirements for safe construction before construction;

(2) failing to adopt corresponding safety construction measures at the construction site according to the changes of different construction phases and the surrounding environment, seasons, and climate, or failing to implement enclosed enclosure at the construction site of the construction project within the urban area;

(3) setting up staff dormitory in buildings that have not yet been completed;

(4) The temporary structures erected on the construction site do not meet the requirements for safe use;

(5) No special protective measures are taken for adjacent buildings, structures and underground pipelines that may cause damage due to the construction of the construction project.

If the construction unit has acts as described in items (4) and (5) of the preceding paragraph and causes losses, it shall be liable for compensation according to law.

Article 65 In violation of the provisions of these Regulations, if the construction unit commits any of the following acts, it shall be ordered to make corrections within a time limit; if it has not been corrected 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, If the grade of qualification is lowered until the qualification certificate is revoked; if a major safety accident is caused and the crime is constituted, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if the damage is caused, the party shall be liable for compensation according to law:

(1) The safety protective equipment, mechanical equipment, construction equipment and fittings are put into use before entering the construction site without being inspected or unqualified;

(2) The use of construction cranes that have not been checked or unqualified before acceptance, and jack-up erection equipment such as scaffolds and formworks;

(3) Entrusting units that do not have corresponding qualifications to undertake the erection and dismantlement of the construction site, lifting cranes, and jack-ups, stencils, and other jack-up erection facilities;

(4) No safety technical measures, temporary power-use plans for construction sites or special construction plans have been prepared in the construction organization design.

Article 66 In violation of the provisions of these Regulations, the principal person in charge of the construction unit and the person in charge of the project who fail to perform the responsibility for safety production management shall be ordered to make corrections within a time limit; if the time has not been corrected, the construction unit shall be ordered to suspend business for rectification; this will result in major safety accidents and major accidents. If a casualty accident or other serious consequences constitutes a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.

If the operator is not satisfied with the management, violates the rules, regulations and operating procedures, and he or she is risky in causing heavy 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 leader of a construction unit commits an illegal act as mentioned in the preceding paragraph, and if it is not serious enough for criminal punishment, he shall be imposed a fine of 20,000 yuan up to 200,000 yuan or be dismissed in accordance with the powers of administration; the day when the penalty is executed or punished From then on, the principal person in charge of any construction unit and the person in charge of the project shall not be held for five years.

Article 67 After the construction unit obtains the qualification certificate and lowers the conditions for safe production, it shall be ordered to make corrections within a time limit; if the rectification fails to meet the conditions for safety production that meet its qualification grade, it shall be ordered to suspend business for rectification, and the qualification level shall be lowered until the qualification certificate is revoked. .

Article 68 The administrative penalties provided for in these Regulations shall be determined by the competent administrative department of construction or other relevant departments in accordance with the statutory powers and functions.

Violations of the fire safety management regulations shall be punished by public security fire control agencies according to law.

Where there are other provisions concerning the administrative punishment decision organs of laws and administrative regulations on the construction of engineering safety production violations, such provisions shall prevail.

Chapter VIII Supplementary Provisions

Article 69 This Regulation does not apply to emergency disaster relief and peasants' self-built low-rise residential safe production management.

Article 70 The safety production management of military construction projects shall be carried out in accordance with the relevant provisions of the Central Military Commission.

Article 71 This Regulation shall come into force on February 1, 2004.