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of February 2, 1996 No. 721-XIII

About quality in construction

(as amended on 06-02-2020)

The parliament adopts this law.

This law determines legal, technical and economic and organizational basis of activities in the field of construction of physical persons and legal entities, their obligations and responsibility for quality assurance in construction.

Chapter I. General provisions

Art. 1. - In this law the following basic concepts are used:

the requirement - expression of requirement (need) in the form of set of certain instructions, estimating or descriptive by means of which characteristics (high-quality) entities intended for possibility of its realization and assessment are determined;

the main requirement - the mandatory requirement to which the construction (work) shall answer to conform to requirements of article 6 of this law.

the regulating document - the document (the standard, the technical specification, the practical code, rules) determining rules, the main directions or characteristics of activities or its results;

the quality system - system by means of which are determined and take root into life of the politician and the strategy of quality, directed to the prevention of the low quality level, ensuring realization, certification and guarantee of required quality under reasonable conditions of cost and terms;

quality management - the aspect of the main management function relating to determination and implementation of policy of quality;

quality assurance - set of the planned systematic actions necessary for emergence of the corresponding confidence that products or service answer certain conditions of quality;

certification of products used in construction - the procedure of certification in which the third party in writing confirms that quality characteristics of products are checked and conform to provisions or requirements of regulating documents;

the technical conclusion - the document certifying possibility of use of new products, methods and the equipment in construction for which national regulating documents are not developed;

accreditation of test and analytical laboratories in construction - official recognition of competence of test and analytical laboratories in construction to perform analyses and testing in the specified area;

metrological activities - activities which main objective is ensuring unity and accuracy of the measurements performed by means of system of the technical, scientific and managerial structures functioning according to regulating documents;

technical data sheet of construction - set of the technical documents relating to designing, construction, acceptance, operation and observation of behavior of construction in case of operation which cover all this, necessary for identification and determination of technical (physical) condition of the corresponding construction and its evolution in time;

degree of responsibility of construction - set of the factors and criteria allowing participants of process of construction and complete cycle of service of construction to determine its value depending on its characteristics, the relations with social and economic both the environment and influences per capita;

service life (durability) of construction - the time period after which the construction finally stops accomplishment of the functions ordered it;

the owner - the name of the investor after signing upon termination of works of the acceptance act;

the user - the owner of the agreement on hiring, about the assignment of rights of management or concession concluded with the owner of construction.

Art. 2. - (1) Provisions of this law are applied to all types of constructions and the plumbing system relating to them, irrespective of type of property or assignment (further - constructions), and also to works on their upgrade, modification, reorganization, strengthening and repair.

(2) the apartment one-storey houses with economic constructions to them for one or two families located in the rural zone and also shoddy constructions less than 150 square meters do not fall under operation of this law.

(3) Quality check of the constructions specified in part (2), enters functions of bodies of local public authority.

Art. 3. - (1) Quality of constructions is set of characteristics of their behavior in case of operation for the purpose of satisfaction throughout all service life to user requirements and societies.

(2) Quality requirements of installations and production processing equipment are determined and implemented on the basis of the rules specific to each sphere of activity.

Art. 4. - This law establishes the quality system in construction which will provide construction and operation of constructions of the corresponding quality for the purpose of protection of life of people, their property, society and the environment.

Art. 5. - (1) the Quality system in construction is applied differentially, depending on degree of responsibility of constructions, according to provisions and procedures of application of each component of system.

(2) Classification of constructions by degree of responsibility is performed depending on their complexity, assignment, method of use, risk degree in aspect of safety, level of environment protection, and also proceeding from economic purposes.

Art. 6. - For ensuring the corresponding quality of constructions realization and preserving throughout all term of their service of the following main requirements are obligatory:

And - durabilities and stability;

In - safety in case of operation;

With - fire safety;

D - hygiene, safety for human health, recovery and environmental protection;

Е - warm, waterproofing and energy saving;

F - protection against noise;

G – rational use of natural resources.

Art. 7. - (1) Obligations on realization and preserving throughout all service life of constructions of the main requirements, stipulated in Article 6, are assigned to the subjects participating in development of the concept, designing, construction and operation of constructions, and also their post-utilization according to obligations of each of them irrespective of type of property of the investor.

(2) Such subjects are the investors, researchers, designers certified checking projects, producers and suppliers of products used in construction, operators, owners, users, persons responsible for test authority, technical experts, heads of buildings, specialists of test laboratories in construction internal control specialists of quality of the business entities performing activities in construction, engineering structure of service of management of the existing fund - physical persons or legal entities, and also bodies of local public authority and branch professional associations.

(3) Has the right to perform activities for designing of structures, management and check of works in construction, laboratory tests, internal control of quality and management of fund of the constructed objects the specialists certified as physical persons on conducting case or who are employees of the business entities performing these types of activity.

(4) Certification of persons specified in part (3), once in five years is performed by the certifying commission created by National authority of construction management.


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