of August 16, 2006 No. 936
About approval of the Regulations on technical expertize in construction
For the purpose of maintenance of technical condition of structures according to technical instructions, decrease in risk level as a result of intervention in the existing structures and according to the Law on quality in construction No. 721-XIII of February 2, 1996. (The official monitor of the Republic of Moldova, 1996, No. 25, the Art. 259), with subsequent changes and amendments, DECIDES: the Government
Approve Regulations on technical expertize in construction it (is applied).
Prime Minister |
Vasile Tarlev |
Countersigns: Minister of Economy and Trade |
Valeriu Lazer |
Approved by the Order of the Government of the Republic of Moldova of August 16, 2006 No. 936
1. The regulations on technical expertize in construction (further - provision) establish procedure, forms, objects, content and the subjects involved in implementation of technical expertize of buildings for the purpose of providing and maintenance of technical condition of buildings according to the main requirements provided by the Law on quality in construction No. 721-XIII of February 2, 1992.
2. Requirements of this provision are applied to buildings of any category (civil, industrial, agrozootechnical, to roads, bridges, the railroads, hydraulic engineering, public utilities, engineering (communication) networks, etc.) and to the constructions relating to them (further - buildings), irrespective of accessory, pattern of ownership and assignment, and also works on intervention with time (strengthening, upgrade, major repair, rehabilitation, transformation, expansion).
3. Technical expertize in construction is performed by studying, inspection, testing and assessment of the current situation, calculations and checks for ensuring the minimum level of the quality provided by the Law on quality in construction.
4. Technical expertize in construction is performed according to one or several main requirements, provided by the law.
5. Technical expertize in construction can be performed at the following stages of construction - designings, execution (realization), operation (utilization) and post-utilization.
6. Technical expertizes are carried out according to the petition of owners, users of buildings, the central industry body of public management in the field of construction, National inspectorate for test authority, bodies of local public authority of law enforcement agencies.
7. Technical expertize in construction (construction works) is performed for the purpose of:
a) estimates of technical condition of buildings and their reduction in compliance with requirements of the existing standard rates;
b) renewals of the stopped, preserved, left construction works;
c) reconstruction, expansions and superstructures of the existing buildings;
d) strengthenings deformed or misfitting to normative requirements of buildings;
e) re-equipments, changes of technology and purpose of the existing buildings.
8. Conducting technical expertizes for the purpose of implementation of the corresponding works (except as specified, provided by this Provision) in the following cases is forbidden:
a) expansion of balconies and loggias in the existing apartment houses;
b) construction of extensions to the existing apartment houses;
c) expansion of premises and kitchens in apartment houses at the expense of balconies and loggias;
d) change of location of sanitary blocks and kitchens in apartment houses;
e) the device of saunas and pools in apartment houses and their cellars;
f) occupation of general corridors, lift halls and rooms of refuse chutes in apartment houses, and also other parts of the apartment house which are in common property;
g) change of purpose of rooms in apartment houses for placement of the objects prohibited by regulations of operation of housing;
h) reconstruction or demolition of the existing structures which are in the historic center mun. Chisinau, for which the Order of the Government No. 978 of September 2, 2004 "About establishment of the moratorium on change of street network and placement of structures in the historic center and green zones mun. Chisinau" (The official monitor of the Republic of Moldova, 2004, No. 168, 1158) is established by the Art. the moratorium, in the absence of plans of the detailed layout of quarters in which these structures are located. Exception of provisions of this subitem are technical expertizes of structures on which there were technical accidents, the fires or there are ultimate strains which are in critical condition and need urgent measures on strengthening.
Provisions of subitems a) - g) this Item do not belong to rebuilding project, major repair and upgrade of the apartment houses which are carried out in general on the block or section based on the project documentation developed in accordance with the established procedure; reconstruction of roofs with superstructure of penthouses; to construction of balconies and loggias on the first floor of apartment houses in which they are absent, within the balconies and loggias existing on upper floors on condition of respect for architectural appearance of the building; to works on strengthening of structural components of the bearing structures of structures.
9. Technical expertizes of general rooms in apartment houses with intervention in the bearing structure of the house are performed in the cases provided by this Provision according to the petition of homeowners or managing directors of apartment houses; decisions on conducting technical expertizes and the corresponding interventions are accepted with observance of legal regulations on implementation of the rights to common property.
10. The determinations used in this provision have the following value:
technical expertize of the building - package of measures for determination and assessment of the actual characteristics of the building for the purpose of ensuring functionality and possibility of further use of the building, strengthening or post-utilization (demolition);
the certified technical expert - the specialist in the field of construction certified regarding implementation of technical expertizes of structures - the acknowledged specialist in the field of construction, the order of the head of National authority of management in construction given the right to perform technical expertize of buildings;
defect - discrepancy to the building indicators established by regulations or the project;
strengthening - package of measures, aimed at providing and increase in the bearing and operational capability of the building;
critical condition - technical condition of the building or structural component which characterizes degree of deficiency, deformation, destruction of the building, loss of its bearing capacity and availability of threat of collapse;
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