北京市建设工程施工现场管理办法

(Promulgated by Decree No. 247 of Beijing Municipal People’s Government on May 7, 2013)

Chapter I General Provisions

Article 1 These Measures are formulated in accordance with the Regulations on Work Safety Administration of Construction Projects and the relevant laws and regulations, by taking into account the actual conditions of this Municipality, and for the purposes of strengthening the administration of work sites of construction projects  and ensuring work safety and green construction.
Article 2 These Measures shall apply to construction activities and administration of construction activities in the work sites of construction projects within the administrative area of this Municipality (hereinafter referred to as the “work sites”).
As used in these Measures, “construction activities” includes the new construction, alteration, expansion and demolition of houses and municipal infrastructure projects, with the exception of projects for rescue and relief.
Where there are separate provisions in laws and regulations on the construction activities of specialized projects for water conservancy, railway, road, landscaping and telecommunication, such provisions shall prevail.
Article 3 The competent municipal administrative department for construction shall be responsible for the supervision and administration of work sites within the administrative area of this Municipality. The district and county competent administrative departments for construction shall be responsible for the supervision and administration of work sites within the areas under their jurisdiction.
The departments for comprehensive law enforcement in urban management shall be responsible for the administrative law enforcement related to flowing dust and noise pollution at work sites.
The departments for planning, transport, municipal administration and city appearance, public security, work safety, environmental protection, quality supervision and water affairs shall carry out the supervision and administration of work sites in accordance with their respective functions and duties.
Article 4 The township and town governments and the sub-district offices shall be responsible for the supervision and administration of construction activities in the building of low-rise dwellings by farmers by reference to these Measures, the competent administrative departments for construction shall be responsible for the technical guidance to construction activities in the building of low-rise dwellings by farmers themselves.
Article 5 The competent administrative departments for construction and the relevant departments shall strengthen the supervision and administration of work sites, set up the working system for supervision and inspection of work sites, and organize efforts to build green and safe work sites.
The project owner, construction units and supervision units shall bring success to the administration of work sites in accordance with the requirements for the administration of work sites as well as their respective responsibilities.
Article 6 Any unit or individual has the right to report illegal behaviors at work sites. The competent administrative departments for construction and the relevant departments shall set up a reporting system, and carry out timely investigation and disposal of the reports in accordance with their respective functions and duties.

Chapter II Safe Construction

Article 7 The safety management of work sites shall adhere to the principles of safety and prevention first. The project owner, construction units and supervision units shall set up a sound responsibility system for work safety, strengthen the safety management of work sites, eliminate the hidden dangers of accidents, and prevent the occurrence of injury, death or other accidents.
Article 8 The project owner shall strengthen the administration of work sites, and shall perform the following duties:
(1) selecting the construction unit and supervision unit in accordance with law;
(2) organizing and coordinating the administration of work sites for all participants of construction projects;
(3) setting up specific safety management organs; and
(4) timely paying the cost for safety protection and civilized construction measures in accordance with the relevant provisions of the State, and urging the construction unit to implement safety protection and civilized construction measures.
Article 9 The construction unit shall be responsible for the safety management of work sites. Where a construction project adopts general contracting and sub-contracting, the general contractor shall be responsible for the unified administration of work sites, while the sub-contractors shall be responsible for the administration of work sites within the scope of sub-contracting. Where a specialized project is directly contracted out by the project owner, the professional contractor shall accept the on-site management of the general contractor, and the project owner, the professional contractor and the general contractor shall enter into an agreement on administration of work sites to clarify the duties of each party.
Where any accident occurs due to the general contractor’s direction in violation of relevant rules, the general contractor shall assume the liability; where any accident occurs due to the sub-contractor’s or the professional contractor’s noncompliance with the general contractor’s management, the sub-contractor or the professional contractor shall assume the major liability
Article 10 The principal responsible person of a construction unit shall assume overall responsibility for the work safety of the unit. The project leaders of a construction unit shall be responsible for the work safety of work sites and for performing the duty of on-site management.
The construction unit shall, in accordance with the relevant provisions, set up work safety management bodies or designate full-time specialized staff for work safety at work sites.
Article 11 The supervision unit shall, in accordance with the relevant provisions, assign to work sites work safety supervisors corresponding to the project and with the knowledge and competence.
The supervision unit shall verify the qualification and work safety license of the construction unit as well as the qualification certificates of the construction unit’s specialized operators to go on duty, and shall examine and approve the technical safety measures and special construction schemes in the construction unit’s design.
Article 12 The managers and operators entering the work sites shall measure up to the requirements for post management and operation skills, shall go on duty with certificates as stipulated, and shall receive training on work safety; those who have not receive training on work safety shall not go on duty.
Article 13 The construction unit shall carry out the construction in strict accordance with the safe operation procedures and standards for construction industry, the construction schemes and the design requirements, and shall set up a sound management system for the use of fires and electricity in accordance with the relevant provisions of this Municipality on fire safety protection of work sites.
Where aloft work operation or fire use is needed in the construction, the construction unit shall abide by relevant provisions of this Municipality and relevant standards of the State, and shall stop the operation when the wind force is above five.
Article 14 The construction unit shall set up a management system for work safety and environmental protection at work sites, which shall be publicized at work sites; and shall formulate emergency plans and regularly organize emergency drills.
Article 15 The construction unit shall, in accordance with the relevant provisions, formulate a construction organization plan, and shall carry out the construction in accordance with the construction organization plan. The construction organization plan shall include the on-site management measures for work safety and green construction.
The construction unit shall formulate an operation plan for demolition, and shall carry out the construction in accordance with such plan.
Article 16 The project owner shall provide the construction unit with materials related to underground pipelines, neighboring buildings or structures and underground works before the commencement of a construction project. Where the project owner inquires relevant materials at relevant departments or units due to the need of the construction project, relevant departments or units shall timely provide such materials.
Before the commencement of a construction project, the construction unit shall formulate a special protection plan for underground pipelines jointly with the property owners of such pipelines, so as to ensure the safety of underground pipelines, neighboring buildings and structures, underground works and special working environment. The construction unit shall take corresponding protective measures for underground pipelines in the construction; when the safety of pipelines or construction still can not be ensured by doing so, the project owner and the property owners of underground pipelines shall move such pipelines or take other measures.
Article 17 Before the commencement of any partitioned or sub-divisional construction project with rather great danger, the construction unit shall, in accordance with the relevant provisions, formulate a specialized construction plan and organize the implementation thereof; where the scale or standard stipulated by the State is reached, the specialized construction plan shall go through expert assessment.
Where the acceptance and is needed in accordance with the relevant provisions, , the construction unit shall organize the acceptance inspection, and cannot move on to the next step until passing the acceptance inspection.
Article 18 The general contractor shall be responsible for the uniform management of large construction machinery entering the work sites, and shall examine the enterprise qualifications, personnel qualifications, testing reports and specialized plans of the relevant enterprises.
The units providing large construction machinery shall be responsible for the daily maintenance of the equipment entering the work sites, carrying out the testing in accordance with the relevant provisions, examining at least once every month, and taking records. The large construction machinery shall be used for construction operations in accordance with the operation standards and procedure requirements; and no unit may give directions in violation of relevant rules.
Article 19 The unit leasing construction hoisting machinery shall go through the filing and record formalities with the municipal competent administrative department for construction, and shall submit the following materials:
(1) the business License;
(2) the equipment registration number of the construction hoisting machinery;
(3) the special operation qualification certificate of the operator of the construction hoisting machinery;
(4) the evidence of equipment repair and storage places measuring up to operation requirements;
(5) the information about the mechanical equipment managers; and
(6) the systems for work safety management and post responsibility.
The municipal competent administrative department for construction shall establish a credit information management platform of this Municipality for units leasing construction hoisting machinery, publicize the records and credit information of these leasing units on the platform, and adopt dynamic management.
The construction unit shall choose the construction hoisting machinery of a leasing unit with good credit records in the construction.
Article 20 Where any accident occurs at a work site, the construction unit shall take emergency measures to reduce casualties and property loss, and shall timely report to relevant departments in accordance with the relevant provisions.
Where cultural relics, ancient fossils, explosives or radioactive pollution sources are discovered at work sites, the construction unit shall well protect the site and timely report to relevant departments in accordance with the relevant provisions .

Chapter III Green Construction

Article 21 The construction unit shall make efforts to save land, water, energy,  and material and protect the environment in accordance with the provisions of the State and this Municipality on the administration of green construction.
Article 22 The construction precipitation shall be strictly restricted in new construction, alteration and expansion projects. Where precipitation is actually needed, the construction unit shall organize the expert assessment and review in accordance with the relevant provisions,, obtain the water drainage permit, and pay the underground water resource charges in accordance with law.
Article 23 The following measures shall be taken at work sites in accordance with the requirements of green construction procedures:
(1) before the commencement of a construction project, the project owner shall set up enclosures around the work site in accordance with the relevant standards, and the construction units shall maintain such enclosures. Where it is impossible to set up enclosures for municipal infrastructure projects in special circumstances, the safety warning signs shall be set up and the protective measures shall be taken at dangerous places of the projects.
(2) the construction unit shall make hardening treatment to major roads as well as the places for storing formwork and piling up materials and tools at work sites, and shall provide coverage or greening in other places; the earthwork shall be piled up in a concentrated manner and covering or solidification measures shall be taken. The project owner shall provide greening to open places that are not developed temporarily.
(3) the construction units shall be responsible for in spraying water to reduce dust at work sites, and the water shall be sprayed to reduce dust at the same time of demolition work in demolition projects.
(4) the construction units shall store building materials that are likely to cause flowing dist pollution in warehouses or closely cover such materials; leakage preventing and antipollution measures shall be adopted for the storage of oil.
Article 24 The facilities for cleaning vehicles shall be set up at entrances and exits of work sites. Sedimentation basins shall be set up at the places for cleaning vehicles and at the front of mixers, the waste water from cleaning mixers and transport vehicles shall be recycled in a comprehensive manner, or discharged into public drainage facility as well as river courses, reservoirs, lakes and channels after meeting required standards through sedimentation treatment.
Article 25 The work sites shall set up closed refuse stations for the storage of construction refuse. Special closed refuse channels shall be put up for the cleaning of construction refuse, or vessels shall be used for hoisting up and carrying construction refuse; it is strictly prohibited to scatter construction refuse at will. Relevant provisions of this Municipality on waste management shall apply to the disposal and transportation of construction refuse at work sites.
Article 26 Concrete mixing is prohibited at work sites in this Municipality.
Mortar mixing is prohibited at work sites of the construction projects invested by the government or the construction projects within the specified areas of this Municipality; the ready-mixed mortar in bulk shall be used in masonry, plastering and flooring works.
Where mortar mixers are set up at work sites of other construction projects, the devices for reducing and preventing dust shall be equipped.
Article 27 The construction work causing environmental noise pollution at night is prohibited in areas with the concentration of buildings sensitive to noise. Where construction is really needed from 22:00 p.m. to 6:00 a.m. for a key project or a project requiring continuous work due to needs of production process, the project owner shall submit an application to the district or county competent administrative department for construction of the place where the project is located before the commencement, and may only carry out construction at night after being approved; the project owner shall also make public the construction period. The construction units shall not carry out construction work at night without approval or beyond the construction period.
Article 28 Where the construction work is carried out at night, the project owner shall make good communications with the surrounding residents jointly with the construction unit, and shall take effective measures to prevent or control noise pollution so as to reduce the influence on the life of the surrounding residents.
Where the noise caused by construction work at night exceeds the stipulated standard, the project owner shall offer proper compensation to the residents within the scope of influence. The specific compensation measures shall be formulated by the competent administrative department for construction jointly with the departments for development and reform and environmental protection, which shall include such contents as the scope of compensation, the principles for determining compensation standards and dispute settlement.
The project owner shall entrust environmental protection monitoring institutions to determine the scope of influence for noise of construction at night, and shall decide the specific number of households to be compensated jointly with the relevant residents committee or property management unit. The project owner shall enter into a compensation agreement with the residents.
Article 29 All kinds of living facilities at work sites shall satisfy the requirements on fire control, ventilation, sanitation and lighting, the fuel gas shall be used in safe manners, so as to prevent fires, gas poisoning, food poisoning and all kinds of epidemics.
Fuel coal is prohibited to be used for water boilers, cooking range and heating facilities.

Chapter IV Legal Liability

Article 30 Where anyone goes on duty without receiving training on work safety in violation of Article 12 of these Measures, the case shall be dealt with by the competent administrative department for construction in accordance with the Law of the People’s Republic of China on Work Safety and the Regulations on Work Safety Administration of Construction Projects.
Article 31 Where anyone, in violation of Article 13 of these Measures, fails to carry out the construction in strict accordance with the safe operation procedures or standards for construction industry, thus causing hidden dangers of accidents, the competent administrative department for construction shall order it to make corrections and may impose on it a fine of not less than 1,000 Yuan but not more than 10,000 Yuan; where the circumstances are serious, a fine of not less than 10,000 Yuan but not more than 30,000 Yuan shall be imposed. Where anyone fails to use fire use in strict accordance with the requirements of relevant provisions and standards, the fire protection department of the public security organ shall order it to make corrections and impose on it a fine of not less than 10,000 Yuan but not more than 30,000 Yuan .
Article 32  Where, in violation of Paragraph 1, Article 15 of these Measures, the construction organization plan of a construction unit does not include the on-site management measures for work safety or green construction, the competent administrative department for construction shall order the unit to make corrections and imposed on it a fine of not less than 1,000 Yuan but not more than 5,000 Yuan.
Where, in violation of Paragraph 2, Article 15 of these Measures, a construction unit carries out construction without or a construction plan for demolition or fails to carries out construction in accordance with such plan, the competent administrative department for construction shall order it to make corrections and imposed on it a fine of not less than 1,000 Yuan but not more than 5,000 Yuan; where the circumstances are serious and grave consequences are caused, a fine of not less than 10,000 Yuan but not more than 30,000 Yuan shall be imposed.
Article 33 Where anyone, in violation of Paragraph 2, Article 16 of these Measures, fails to take special protective measures, the case shall be dealt with by the competent administrative department for construction in accordance with the Regulations on Work Safety Administration of Construction Projects; where pipelines are damaged because they are not moved or no other measures are taken, the competent administrative department for construction shall impose on the project owner a fine of not less than 10,000 Yuan but not more than 50,000 Yuan; where the circumstances are serious, a fine of not less than 50,000 Yuan but not more than 100,000 Yuan shall be imposed.
Article 34 Where anyone, in violation of Paragraph 2, Article 17 of these Measures, fails to organize acceptance inspection, the competent administrative department for construction shall order it to make corrections and impose on it a fine of not less than 10,000 Yuan but not more than 30,000 Yuan.
Article 35 Where anyone fails to carry out maintenance examination d in violation of Paragraph 2, Article 18 of these Measures, the competent administrative department for construction shall order it to make corrections and impose on it a fine of not less than 1,000 Yuan but not more than 5,000 Yuan.
Article 36 Where anyone, in violation of the provisions of Article 23, fails to take measures as stipulated or takes improper measures, the department for comprehensive law enforcement in urban management shall order it to make corrections and impose on it a fine of not less than 2,000 Yuan but not more than 10,000 Yuan; where the circumstances are serious, a fine of not less than 10,000 Yuan but not more than 20,000 Yuan shall be imposed.
Article 37 Where anyone, in violation of Article 24 of these Measures, fails to set up facilities for cleaning vehicles, the department for comprehensive law enforcement in urban management shall order it to make corrections and impose on it a fine of not less than 1,000 Yuan but not more than 10,000 Yuan.
Article 38 Where anyone, in violation of Article 25 of these Measures ,fails to set up closed refuse stations, set up special closed refuse channels or use vessels for hoisting up and carrying construction refuse, the department for comprehensive law enforcement in urban management shall order it to make corrections and impose on it a fine of not less than 1,000 Yuan but not more than 10,000 Yuan.
Article 39 Where anyone, in violation of Paragraph 1 or 2, Article 26 of these Measures, mixes concrete or mortar at work sites or fails to use ready-mixed mortar in bulk, the competent administrative department for construction shall order it to make corrections and impose on it a fine of not less than 10,000 Yuan but not more than 50,000 Yuan; where the circumstances are serious, a fine of not less than 50,000 Yuan but not more than 100,000 Yuan shall be imposed.
Where anyone, in violation of Paragraph 3, Article 26 of these Measures, fails to equip itself with the devices for reducing and preventing dust, the department for comprehensive law enforcement in urban management shall order it to make corrections and impose on it a fine of not less than 1,000 Yuan but not more than 10,000 Yuan; where the circumstances are serious, a fine of not less than 10,000 Yuan but not more than 30,000 Yuan shall be imposed.
Article 40 Where a construction unit, in violation of Article 27 of these Measures, carries out construction at night without approval or beyond the construction period, the departments for comprehensive law enforcement in urban management shall order it to make corrections and impose on it a fine of not less than 10,000 Yuan but not more than 30,000 Yuan.

Chapter V supplementary Provisions

Article 41 These Measures shall be effective as of July 1, 2013. The Measures of Beijing Municipality for Administration of Work Sites of Construction Projects promulgated by Beijing Municipal People’s Government of on April 5, 2001 shall be repealed simultaneously.