Quyết định 44/2016/QD-UBND

DECISION

PROMULGATING THE REGULATIONS ON ENSURING SAFETY FOR NEARBY WORKS DURING THE CONSTRUCTION OF UNDERGROUND WORKS IN HO CHI MINH CITY

Pursuant to the Law on Organizing the Local Government dated June 19, 2015;

Pursuant to the Construction Law dated June 18, 2014;

Pursuant to the Government's Decree No. 46/2015/ND-CP dated May 12, 2015 on quality management and maintenance of construction works;

Pursuant to the Circular No. 05/2015/TT-BXD dated October 30, 2015 of the Ministry of Construction on management of construction quality and maintenance of detached houses;

Pursuant to the National Technical Standards QCVN 18:2014/BXD for construction safety;

At the request of the Director of Department of Construction in Statement No. 15645/TTr-SXD- QLCLXD dated October 10, 2016 and appraisal opinions of the Department of Justice in the Official Dispatch No. 6539/STP-VB dated August 05, 2016.

DECISION

Article 1. Issued together with this Decision is the Regulation on ensuring safety for nearby works during the construction of underground works in Ho Chi Minh City.

Article 2. This Decision shall come into force after ten (10) days, from the date on which it is signed. Repeal the contents which specify the opinions on the basement construction plan. These opinions concern the safety of such work and other nearby works specified in point e, Clause 1, Directive No. 19/2014/CT-UBND dated August 25, 2014 of the People’s Committee of the city, on raising the state responsibilities in managing the quality of construction works and the construction safety in Ho Chi Minh City.

Article 3. The Chief of Staff of the People’s Committee of Ho Chi Minh City, Director of the Department of Construction, Heads of Departments - boards - sectors of the city, Chairpersons of People’s Committees of districts, wards, communes and villages, related organizations and individuals shall implement this Decision./.

DECISION

ON ENSURING SAFETY FOR NEARBY WORKS DURING THE COSNTRUCTION OF UNDERGROUND WORKS IN HO CHI MINH CITY
(Enclosed with the Decision No. 44/2016/QD-UBND dated November 05, 2016 of the People’s Committee of Ho Chi Minh City)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

This Decision specifies the requirements for developing and approving the designed construction method for underground works, in order to ensure safety for the nearby works during the construction of the underground works.

 For the detached houses, this regulation is only applicable to the constructions of basement, semi-basement, bed-plate foundation, extended foundation and other existing adjacent works.

The regulated entities of this Regulation are organizations and individuals participate in the construction of the underground works; owners, managers of the nearby works; regulatory agencies managing the specialized construction works in Ho Chi Minh City.

Article 2. Definitions

1. Underground works are basements, semi-basements and parts of the work which are underground.

2. Adjacent works are works closed to the underground works, share or do not share the same structures (foundation, columns, walls, floors, roofs) with such underground works.

3. Nearby works are works located near to the underground works. They can be affected and sink down or become distorted or damaged due to the construction of such underground works.

Article 3. General principles

1. The construction of the underground works must comply with the law regulations on management of construction quality, environmental safety and hygiene, prevention and control of fire during the construction.

2. The construction of underground works shall be started only when there is a designed construction method which is approved by the investor.

3. The construction methods and equipment shall only cause minor effects to the nearby works and the surrounding environment.

Chapter II

DEVELOPMENT AND APPROVAL OF THE DESIGNED CONSTRUCTION METHOD FOR UNDERGROUND WORKS

Article 4. Development of the designed construction method

1. The contractor shall develop the designed construction method for the underground works based on the approved construction drawing and survey document on the current state of the construction site.

2. The survey document on the current state of the construction site shall fully specify the state of geology, hydrographic and geography; the adjacent and nearby works; structures of current underground works; underground technical infrastructure within the area and shall also include:

a. A drawing of the current state of the construction site.

b. A photo of the current state of the nearby works

c. Evaluation of the stability of the nearby existing works which may be affected during the construction.

d. The transposition value and maximum distortion value; alarming rate of the transposition and distortion of nearby works which may be affected.

3. The designed construction method for underground works must satisfy the requirements for geology, hydrographic and depth. It must also comply with the related and applied technical standards, as well as having:

a. Labor safety method and safety method for the community.

b. Calculation of the scope (width, depth) affected by such underground construction method during the stages of construction. The calculation must be done based on the impacts of all construction activities which have been carried out, in order to suggest appropriate handling methods (such as drilling, digging, pumping underground water, tremors, counterweight, etc.)

c. The result of the survey on the current quality of adjacent works and other works within the affected scope.

d. Distortion monitoring system of the work and nearby works within the affected scope, in order to make observation throughout the construction process.

dd. Experimental construction process and impact evaluation process, in order to develop methods for reducing effects before starting the construction in case of extracting by vibration.

e. Methods for dealing with landslides, sinking and leaning of nearby works.

g. Methods for treating waste and sewage during the construction process; process for ensuring hygiene inside and outside the construction site; methods for restoring the state of public infrastructure items which has been affected.

Article 5. Approval for the designed construction method for underground works

1. The investor shall appraise (if he is capable) or select an appropriate potential unit to appraise the designed construction method for underground construction works, in order to use this appraisal as a basis for approval. The appraisal or inspection contents shall specify whether the method:

a. Comply with the related and applied technical standards.

b. Is appropriate and sufficient.

c. Include the calculation of the load-bearing capacity of structures serving the construction.

e. Evaluate the scope and degree of impact to nearby works of the applied construction method.

dd. Evaluate the appropriateness of means and equipment serving the construction.

e. Ensure safety for the works and nearby works.

g. Ensure labor safety and hygiene, prevent and control fire during the construction.

2. If there are auxiliary structures in the construction drawing, the designed construction method must receive counseling on its design in order to be considered and approved.

3. The contractor shall modify and supplement the designed construction method based on the appraisal opinions or opinions from the inspector or the design counselor before submitting such method to the investor for approval.

4. Before the investor approves the method, he/she must examine it and make sure that:

a. The contractor has completed and supplemented such method based on the appraisal opinions or opinions from the inspector or the design counselor; and there are appropriate explanations about the inconsistent contents.

b. There are methods for ensuring environmental safety and hygiene, as well as preventing and controlling fire during the construction process.

Chapter III

CONSTRUCTION OF THE UNDERGROUND WORKS

Article 6. Conditions for starting the construction of underground works

The underground works shall only be built after they satisfy the following requirements:

1. Become qualified for the construction according to the regulations.

2. Have an approved designed construction method.

3. Have carried out labor and environmental safety methods, as well as fire prevention methods, in order to ensure safety for the nearby works.

4. Have a map which indicates the location and depth of the underground segments of the infrastructure system, as well as an approval document from the management agency of such segments if digging is carried out in their area.

5. Have supervisory personnel working throughout the construction process.

6. Have acceptance records on the safety conditions agreed between the investor and the contractor.

Article 7. Responsibilities of the parties participating in the construction of underground works

1. The investor shall assign potential employees to inspect and monitor the construction process of the contractor and ensure that such process is carried out in accordance with the designed construction method which has been approved. Suspend the construction if there is any unsafe sign or any sign of construction problems; timely notify the People’s Committee of the districts and specialized construction management agencies if there is any damage or problem occurs to the nearby works.

2. The contractor starting the construction of underground works shall comply with the designed construction method which has been approved. If there is any sign of abnormal building components or abnormal geological conditions compared to the survey on current state of the construction site, or any unsafe sign, the parties shall notify the investor immediately in order to receive counseling and supervision to handle such case.

3. The supervision counselor shall inspect the construction conditions of the underground works according to Article 6 hereof and report the result to the investor; participate in making the acceptance record on the safety conditions before starting the construction; assign supervisory employees during such process to inspect whether the contractor complies with the designed construction method, and to report any detected violation to the investor; inspect the monitoring process and report the results of the distortion monitoring process of the work and nearby works in order to timely warn or suspend the construction if there is any unsafe sign; request the contractor to modify the designed construction method and submit such modification to the investor for approval if any mistake or illogical sign is detected.

Chapter IV

IMPLEMENTATION

Article 8. Implementation responsibilities

1. Investors, organizations and individuals who participate in the constructions in Ho Chi Minh city shall implement the contents specified in Article 4, 5, 6, 7 hereof.

2. The agencies managing the underground segments of the infrastructure system shall provide the map that indicates the location and depth of such segments for the investors as required, in order to use this information as the basis for developing the designed construction method.

3. The Department of Transport, Department of Industry and Trade, Department of Natural Resources and Environment, Department of Agriculture and Rural Development shall provide guidelines and inspect the implementation of this Regulation of the works under their management.

4. The Management Board of new urban areas, industrial areas, export processing zones and high-tech zones shall provide guidelines and inspect the implementation of this Regulation of the works under their management.

5. The People's Committees of districts shall provide guidelines and inspect the detached houses’ implementation of this Regulation; request the owners and the management unit of nearby works to enable the investors and contractors to carry out survey on the current quality of such nearby works; timely handle the violations.

6. The Department of Construction which is the key agency shall inspect the implementation of this Regulation of the works under their management and other specialized construction works in Ho Chi Minh City; timely handle the violations. During the implementation process, if there is any problem or if it is required to amend and supplement this Regulation in order to comply with the current conditions, the Department of Construction shall summarize the opinions from related agencies to provide suggestion for the People's Committee of the city or promulgate the documented guidelines themselves if the case is under their authority.

Article 9. Inspection and handling of violations

1. The construction inspector shall inspect the construction conditions of the underground works according to Article 6, hereof and handle any detected violation.

2. The decentralized management agencies specified in Article 8 shall notify the construction inspector of the violations in order for him to handle such cases during his inspection of the implementation of this Regulation; inspect and provide counseling on rectifying the violations in order for the construction investor to use such advice as the basis to consider approving the continued construction, in case where such construction is temporarily suspended./.