GENERAL PROVISIONS CONCERNING THE ACTIVITY OF THE SITE MANAGER, AWARDS, OBLIGATIONS, LIABILITIES AND SANCTIONS 

 

1. General provisions

According to art. 13 paragraph (3) of Law no. 10/1995 regarding the quality in constructions, republished, with the subsequent modifications and completions, the verification of the quality of the works executed for the realization of the constructions and of the interventions to the existing constructions, for which, in accordance with the law, building authorizations or cancellations are issued, it is obligatory and performs by the investors through authorized site managers, employees of the investors and through technical executives with authorized execution, employees of the executors.
According to the provisions of art. 22 lit. d) from the mentioned law, investors, natural or legal persons, have the obligation to ensure the verification of the correct execution of the construction works by specialized executives or specialized consultants, throughout the works. These provisions apply to constructions and installations related to them, regardless of the form of ownership, destination, category and class of importance or source of financing, in order to protect people's lives, their goods, society and the environment.
According to the provisions of art. 2 lit. c) of the Regulation on the verification and technical expertise of the projects, the technical expertise of the execution of the works and of the constructions, as well as the verification of the quality of the executed works, from 13.09.2018, approved by HG 742/2018 regarding the modification of the Government Decision no. 925/1995 for the approval of the Regulation of verification and technical expertise of projects quality, execution of works and constructions, site manager is the specialist with authorized construction activity, with attributions regarding the verification of the correct execution of the construction works, according to the technical documentation /the related technical-economic documentation. According to art. 21 paragraph (2) lit. b) of Law no. 10/1995, State Inspectorate for Construction - I.S.C. organizes the authorization of the site managers and periodic confirmation regarding their right to practice.
The normative framework regarding the authorization of the site managers is the Procedure for the authorization of the site managers, approved by the Order of the MDRT no. 1496/2011, as subsequently amended and supplemented (Order of MDRT no. 277/2012 and Order of MDRT no. 3482/2013).
According to the provisions of art. 7 paragraph (1) the indent 1 of the Procedure, the site manager is a natural person employed by the investor /beneficiary, with obligations regarding ensuring the verification of the correct execution of the construction works, throughout the works.

 

2. Provisions regarding the activity

In accordance with Art. 5 of the above mentioned regulation, the authorized site managers, can carry out their activity according to the law, as:
a) natural person authorized to carry out activities individually and independently, according to the provisions of the Government Emergency Ordinance no. 44/2008 regarding the conduct of economic activities by the authorized natural persons, the individual companies and the family enterprises, approved with modifications and completions by Law no. 182/2016;
b) shareholder /employee /associate of a legal entity that has as object of activity including CAEN code 71 Architectural and engineering activities; testing and technical analysis activities.
According to the provisions of art. 14 paragraph (2) of the above-mentioned regulation, the site manager carries out his activity as an investor's employee in order to verify the correct execution of the construction works, throughout the works, in accordance with the provisions of art. 13 paragraph (3) of Law no. 10/1995, republished, with subsequent additions.
According to the provisions of art. 15 of the regulation and of art. 43 of the procedure, the site manager carries out his activity only in the domain (s), respectively the sub-domain /sub-sub-domains of constructions in which they were authorized.
In accordance with Art. 50 of the procedure, the site manager cannot carry out, at the same investment, another activity in the field of constructions for which they are certified or authorized.
According to the provisions of art. 16 of the regulation, the certified or authorized natural person can carry out, at the same investment, one of the following activities:
a) project verifier;
b) technical expert;
c) technical responsible for the execution;
d) site manager.
According to the provisions of art. 47 from the procedure, on the territory of Romania, the activity of site manager is carried out in Romanian language.
According to the provisions of art. 15. paragraph (2) of the regulation, the site manager draws up and keeps up to date the record of the activity and the construction works in which he participated.
According to the provisions of art. 45 from the procedure all the site managers have the obligation to draw up the Register of records of the activity of site managers according to the model provided in the annex no. 5 at the procedure, to present it annually for the targeting. The register will be presented whenever requested by ISC representatives.
According to the provisions of art. 42 of the procedure, all site managers are required to have a stamp. The stamp can be ordered and made only on the basis of the authorization, according to the model provided in Annex no. 3: STAMP MODEL for the holder of the site manager authorization in the specified areas (Annex no. 4 to the procedure) of the Order of the MDRAP no. 3482/2013.
The stamp applied next to the signature of the specialist who carries out the activity of site management, under the conditions of the authorization, represents the way of identifying it on all the documents that it has the legal obligation to draw up or to verify them and is obligatory from the date of entry into force of the present procedures.
The stamp of the authorization holder for the site management activity in the specified fields is not transmissible.
In case of losing or stealing the stamp, the owner has the obligation to immediately publish an advertisement in a wide circulation newspaper and to submit to I.S.C. a written notice, accompanied by proof of publication of the notice.
It is forbidden to apply the stamp in case the validity of the authorization has ceased by suspension for a limited period or cancellation.
The new stamp issued after the loss or theft of the first stamp will have its number, respectively 1, 2, ... etc., according to the model provided in annex no. 4 of the procedure.
Removing the stamp is made in case of text modification as a result of the subsequent modification of the provisions of the applicable normative acts or in case of wear, loss, theft or deterioration.
According to art. 57 (1) of the procedure, the authorization domains /sub-domains for which I.S.C. issued permits, which are in validity, are provided in annex no. 8 (Annex no. 65 of the Order of the MDRT no. 277/2012) - THE NOMENCLATOR of the domains /subdomains for the authorization of the site managers. The Nomenclator also specifies the domain /subdomain code to be stamped corresponding to the domain /subdomain on the authorization.
According to the provisions of art. 59 of the procedure, the holders of the site management authorizations have the obligation to announce the I.S.C. regarding any change of personal data (name and surname, address, telephone numbers, e-mail address), which occurred after the authorization.

 

3. Duties and responsibilities

According to the provisions of art. 30 of Law no. 10/1995, the authorized site manager responds according to his obligations for the hidden defects of the construction, occurring within 10 years from the reception of the work, as well as after the fulfillment of this term, for the entire life of the construction, for the defects of the resistance structure resulting from the non-observance of the development engineer and execution norms at the date of its realization.
According to the provisions of art. 17 paragraph (2) of the regulation, the site manager fulfills, according to the law, mainly the following tasks:
a) knows the provisions of the project for the authorization of the execution /cancellation of the construction works and of the technical execution project, verified according to the law;
b) verifies the existence of the technological worksheets and projects, of the procedures for carrying out the works, the plans for verifying the execution, the projects for organizing the execution of the works, as well as the graphs for the construction of the buildings, updated by the possible site provisions issued during the course of the works ;
c) ensures the secretariat of the reception commission at the completion of the works and draws up, on behalf of the investor /owner /administrator, the reception documents at the completion of the works and constitutes the technical book of construction;
d) participates in all the phases of the verification of the execution of the works, including the determining phases provided in the quality control plan of the construction works;
e) stops the execution of construction works when it finds non-conformities that may affect their quality;
f) stops the execution of construction works and notifies the State Inspectorate for Construction - I.S.C. or, as the case may be, their own control structures within the institutions provided for in art. 34 of Law no. 10/1995, republished, with the subsequent completions, in case technical accidents occur and /or deviations from the provisions of the technical execution project.
The art. 44 of the procedure specify the obligations and responsibilities that the site managers have in carrying out the activity, as follows:
A. During the preparation period of the investment:
1. verifies the existence of the building permit, as well as the fulfillment of the legal conditions regarding the classification within the validity term;
2. verifies the compliance between the provisions of the building permit, the urban planning certificate, the opinions, agreements and the project;
3. study the project, specifications, technologies and procedures provided for the construction;
4. verifies the existence of all the pieces written and drawn from the project, including the existence of the studies required by the urban planning certificate or by opinions and the concordance between their provisions;
5. verifies the existence of the technical expertise in the case of interventions on constructions;
6. verify compliance with the regulations regarding the verification of projects by certified project verifiers and their approval by the certified technical expert, where appropriate;
7. verifies if the category of construction importance is specified in the project;
8. verifies the existence of determinant phase programs in the project; 02/04/2012-; the point was modified by Order 277/2012
9. verifies the existence of the project or of the procedures for special monitoring of the behavior in operation of the constructions, if it is instituted;
10. take over the site and the leveling marks and hand them over to the performer, free of any task;
11. participates, together with the development engineer and the executor, in the general drawing of the construction and in establishing the landmarks;
12. hand over to the executor the reserved field for the site organization;
13. verify the existence of the "Quality Plan" and of the technical procedures /instructions for the respective work;
14. verifies the existence of the announcement of the beginning of the works at the issuer of the authorization and at I.S.C .; 02/04/2012 - the point was modified by Order 277/2012
15. verifies the existence of the investment identification panel, if it corresponds to the legal provisions and if it is located in a visible place;
B. during the execution of the works
1. follow the accomplishment of the construction in accordance with the provisions of the building permit, of the projects, specifications and the technical regulations in force;
2. verifies the existence of the documents of certification of the quality of the construction products, respectively the correspondence of their quality with the provisions contained in projects;
3. forbids the use of construction products without certificates of conformity, declarations of conformity or technical approval;
4. forbids the use of new processes and equipment, not technically approved or with technical approvals to which the technical opinion has expired;
5. verifies the respect of the execution technologies, their correct application in order to ensure the qualitative level provided in the technical documentation and in the technical regulations;
6. verify compliance with the "Quality Plan", the procedures and technical instructions for the respective work;
7.forbids the execution of works by unskilled personnel;
8. participates in the verification of the works reached in determining phases;
9. performs the checks provided for in the technical regulations, signs and stamps the documents drawn up as a result of the verifications, respectively minutes in determining phases, minutes of qualitative reception of the works that become hidden, etc .;
10. assists in the taking of samples from the place of commissioning;
11. transmit to the site developer, through the investor, their own notifications or of the participants in carrying out the construction regarding the non-conformities found during the execution;
12. informs the investor operatively about the qualitative deficiencies found, in order to have measures and, as the case may be, propose to stop the works;
13. follow the compliance of the provisions and /or the measures ordered by the /authorized bodies with the executor;
14. verifies, as the beneficiary's representative, compliance with the legal provisions in case of changing technical solutions during the execution of the works;
15. announces I.S.C. regarding the stopping / stopping the execution of the works by the investor /beneficiary for a longer period of time, except for the cold time period, and verifies the safety of the construction, according to the project; 02/04/2012 - the point was modified by Order 277/2012
16. announces I.S.C. regarding the resumption of the works at the investments at which the execution of the works by the investor / beneficiary was stopped / stopped for a longer period of time, except for the cold time period; 02/04/2012 - the point was modified by Order 277/2012
17. take the documents from the manufacturer and development engineer and complete the technical book of construction with all the documents provided by the legal regulations;
18. follow the decommissioning of the site organization works and hand over the land to its owner.
C. at the reception of the works
1. ensures the secretariat of the reception commission at the end of the works and draws up the reception documents;
2. aim to resolve the objections contained in the annexes to the minutes of the reception at the completion of the works and the fulfillment of the recommendations of the reception commission;
3. hand over to the investor the receipt documents and the technical book of the construction after the final reception. According to the provisions of art. 48 of the procedure, the obligations provided in art. 44 are not limiting, the site manager being able to participate, as a representative of the investor, in all phases regarding the construction of buildings, within the limits of the attributions established by the applicable technical regulations in constructions, in force. According to the provisions of art. 49 of the procedure The site managers are responsible, according to the law, in case of non-fulfillment of the obligations stipulated in art. 44, as well as in case of not ensuring from their fault the achievement of the qualitative level of the works provided in projects, specifications and in the technical regulations in constructions.

 

4. Penalties

According to the provisions of art. 36, point II, letter c) of Law no. 10/1995, the passing by the authorized site managers of the competences in the fields /sub-domains or the failure to fulfill their obligations according to the regulations in force, constitutes a contravention, if they were not committed in such conditions that, according to the law, they constitute a felony, and it is sanctioned with a fine from 10,000 lei to 20,000 lei.
According to the provisions of art. 37 paragraph (2) of Law no. 10/1995, State Inspectorate for Construction - I.S.C. may order as complementary sanctions, with the application of the fine for the contraventions provided in art. 36 of the same law, the suspension of the authorization for a period between 6 and 12 months or, as the case may be, its cancellation.
According to the provisions of art. 38 of the same law, the contraventional sanctions provided in art. 36 applies to both legal entities and natural persons. The offender may pay half of the amount of the fine established by the contravention report, within 48 hours from the date of the taking of the contravention sanction. According to the law no. 10/1995, the contravention sanction "warning" does not apply.
According to the provisions of art. 39 paragraph (1) of the ementioned law, finding the contraventions provided in art. 36 and the application of sanctions are made by persons with control attributions within the State Inspectorate for Construction - I.S.C., and, in the cases provided for in art. 34, by the persons empowered by the Ministry of National Defense, the Ministry of Internal Affairs, the National Prison Administration, the Romanian Intelligence Service, the Foreign Intelligence Service, the Special Telecommunications Service and the Protection and Guard Service.
In accordance with the provisions of par. (2) in art. 39, the right to apply the fines provided for in art. 36 is prescribed within 5 years from the date of reception upon completion of construction works.
According to the provisions of art. 40 of the same law, the contraventions provided in art. 36 the provisions of Government Ordinance no. 2/2001 regarding the legal regime of contraventions, approved with modifications and completions by Law no. 180/2002, with subsequent modifications and completions.
In accordance with Art. 51 paragraph (2) of the procedure, the cancellation of the site manager authorization can be ordered in the following situations:
a) the owner has verified and accepted the executed works below the level established for the essential requirements, established by art. 5 of Law no. 10/1995, with the subsequent modifications, and /or in the event of a technical accident favored by the correct failure of the quality checks by it;
b) the holder fulfills the conditions for a third suspension for a limited period, during the last 5 years;
c) the owner performs site management activity during the period when the authorization is suspended;
d) the holder exercises the management activity outside the domain / sub-domain of authorization.
According to the provisions of art. 53 paragraph (3) of the procedure, I.S.C. keeps track of suspended /canceled authorizations and records the sanction in the Register of authorized site managers.