GENERAL PROVISIONS CONCERNING THE ACTIVITY OF THE TECHNICAL RESPONSIBLE FOR THE EXECUTION, OBLIGATIONS, LIABILITIES AND PENALTIES 

 

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. 25 lit. c) of Law no. 10/1995 regarding the quality in constructions, republished, the executors of the construction works, have the obligation to ensure the quality level corresponding to the requirements through an own system of quality designed and realized by own personnel, with technical managers with the execution. These provisions apply to the 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 the lives of people, 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 the quality of the projects, of the execution of the works and of the constructions, the technical responsible with the execution is the specialist with activity in authorized constructions, with attributions regarding the quality assurance of the execution of the construction works that he coordinates, from technically, throughout the execution process.
According to the provisions of art. 6 paragraph (1) indent 1 of the Procedure, the technical person responsible for the execution is a natural person employed by the executor, with attributions regarding the quality assurance of the execution of the construction works that he technically coordinates, throughout the execution process, which passed the authorization examination.
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 technical persons with the execution and the periodic confirmation regarding their right to practice.
The normative framework regarding the authorization of the technical persons with the execution and exercise of their right of practice is the Procedure regarding the authorization and the exercise of the right of practice of the technical persons with the execution of the construction works, approved by the Order of the MDRAP no. 1895/2016.

 

2. Provisions regarding the activity

In accordance with Art. 5 of the above mentioned regulation, the technical executives with the authorized execution, 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 carrying out of the economic activities by the authorized natural persons, the individual enterprises 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 art. 14 paragraph (1) of the above-mentioned regulation, the technical person responsible for the execution carries out his activity as an employee of the operator /economic /economic operators who perform construction works, in order to ensure the quality level corresponding to the fundamental requirements provided by law, in accordance with the provisions of art. 13 paragraph (3) of Law no. 10/1995, republished, with subsequent modifications and completions.
According to the provisions of art. 38 paragraph (1) of the procedure, the quality of technical person responsible for the execution is evidenced by the authorization issued by I.S.C. and according to the provisions of par. (2), the right to practice is evidenced by the validity card issued by I.S.C. with the authorization provided in par. (1).
The term of validity of the card is 5 years from the date of issue, and the right of practice can be confirmed from 5 to 5 years, under the conditions of the procedures, by issuing a new card with the same validity term.
The holders of the authorizations of technical person responsible for the execution, whose IDs are not within the validity term, will not carry out activity in the authorized field, during the period when the ID is not valid.
For the periodic confirmation regarding the exercise of the right of practice, in order to continue the activity, the authorized site managers will register at I.S.C. a file, at least 45 days before the expiry date of the validity of the card (the content of the file is presented in the section CONFIRMATION OF THE RIGHT OF PRACTICE OF THE HOLDERS OF TECHNICAL RESPONSIBLE AUTHORIZATIONS - link to this page)
According to art. 22 paragraph (1) of the regulation, in the application of the provisions of art. 9 lit. o) of Law no. 10/1995, republished, with the subsequent completions, for the periodic confirmation of the right to practice, the specialists with activity in certified /authorized constructions participate as minimum at least one continuous training /training program in the field for which they are certified /authorized, organized by an institution or organization accredited by the Romanian Agency for Quality Assurance in Higher Education - ARACIS. Alin. (2) provides that, with the exception of the provisions of par. (1), is considered a program of continuous training /professional development teaching courses as a university teacher, whose content is evidenced by the discipline record, corresponding to the fields for which proof of continuous vocational training is required, in the fields /sub-domains and specialties in which specialists are certified /authorized, being included in the assessment necessary for periodically confirming the right of practice of certified /authorized specialists.
According to the provisions of art. 15 of the regulation, the technical person responsible for the execution carries out his activity only in the domain (s), respectively the subdomain /subdomains of constructions in which they were authorized.
According to the provisions of art. 56 of the Procedure, the technical person responsible for the execution cannot carry out, at the same investment, another activity in the field of construction.
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) technically 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 technical responsible with the execution draws up and keeps up-to-date the record of the activity and of the construction works in which he participated.
According to the provisions of art. 41 of the procedure all the technical persons in charge of the execution have the obligation to draw up within maximum 30 days from the taking over of the work, the Electronic register of records of the activity of the technical person responsible with the authorized execution, register that will be updated whenever changes of information occur. The register will be prepared according to the model provided in the annex no. 6 to the procedure.
At the first access of the Electronic Register of activity records, each unique technical person responsible for the authorized execution will be assigned a unique identification account. The identification account is unique and is not transferable. In case of loss of the unique identification account, the technical manager with the authorized execution will request the issuance of another account for accessing the register, through a request submitted to I.S.C., by one of the means provided in art. 14 paragraph (1). The standard application whose model is provided in annex no. 7 will be accompanied by the following documents:
a) copy of the authorization and the validity card during the validity period;
b) copy the identity document;
c) proof of payment of the issuance fee for the unique identification account.
The documents requested in the copy will be certified holographically in compliance with the original, by the applicant.
According to the provisions of art. 40 of the procedure, all the technical executives with the execution have the obligation to hold a stamp. The stamp can be ordered and made only on the basis of the authorization, according to the model provided in Annex no. 5: STAMP MODEL for the technical managers with execution in the construction field.
It is forbidden to apply the stamp during the period when the authorization was suspended.
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.
The new stamp, issued after the loss or theft of the first stamp, will have its number recorded, respectively 1, 2 and so on, according to the model provided in annex no. 5.
Removing the stamp is done in case of modification of the text 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 the provisions of art. 54 of the procedure, the authorization holders 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 and of art. 50 of the Procedure, the technical executives with the authorized execution respond according to their obligations for:
- the achievement of the quality level corresponding to the fundamental requirements applicable to the construction works for which they are employed, as well as in case of not ensuring from their fault the achievement of the qualitative level of the works provided for in the projects, specifications and in the technical regulations in construction in force at the time of the execution of the works ;
- the hidden defects of the construction, occurring within a period of 10 years from the reception of the work, as well as after the fulfillment of this term, throughout the existence of the construction, for the defects of the structure of resistance resulted from the non-observance of the design and execution norms on the date its achievement.
According to the provisions of art. 17 paragraph (1) of the regulation, the technical person responsible for the execution fulfills, according to the law, mainly the following tasks:
a) knows the provisions 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 corresponding to the specifications of the technical execution project, the plans for verifying the execution, the projects for organizing the execution of the works, as well as the graphics for the construction, other than those provided in the technical execution project;
c) 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;
d) makes available to the investor the documentation of execution, in order to set up /complete, as the case may be, the technical book of the construction;
e) stops the execution of construction works when it finds non-conformities that may affect their quality;
f) stops the execution of the construction works in case of technical accidents and /or finds deviations from the provisions of the technical execution project, 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, and allows to resume the works only after their repair.
The procedure provided in art. 51 and details in art. 52 the attributions of the technical persons responsible for the execution, as follows: the technical persons responsible for the execution of the construction works, in the exercise of the right to practice, must:
a) to allow the execution of the construction works only on the basis of the projects and the execution details verified by certified specialists of certified projects;
b) to verify and approve the technological files and projects, 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 programs for carrying out the constructions, regarding the works related to the essential requirements;
c) to make available to the regulatory and / or control authorities in constructions, at their request, the documents drawn up in the exercise of their obligations;
d) to draw up and keep up to date the electronic register of activity records for the construction works that they technically coordinate and which they are responsible for, according to the model in annex no. 6;
e) to submit to the procedure for supervising the activity of the authorized persons;
f) to submit to the legal provisions regarding the continuous professional development of the construction specialists, for the areas for which it is authorized;
g) to maintain, for the duration of the validity of the authorization, the conditions that were the basis of the authorization regarding the holding of a valid card by an authorized electrician or an authorized gas installer, issued by the regulatory authority in the field, for the persons authorized as the technical persons responsible for execution in the sub-domains 6.1 "Electrical installations", 6.3 "Fuel natural gas installations", 8.1 "Electricity networks" and 8.4 "Fuel natural gas networks".
These provisions are detailed according to the stages of preparation, execution and reception of construction works, as follows:
A. During the preparation period of the investment:
1. participate, together with the designer and the site manager, in the general drawing of the construction and in establishing the landmarks;
B. During the execution of the works
1. allows the execution of the construction works only on the basis of the projects and the execution details verified by certified specialists of certified projects, meaning that:
a) verifies the existence of the project and the execution details;
b) study the project, specifications, technologies and procedures provided for the construction;
c) verifies the existence of all the written and drawn parts of the project, including the existence of the studies required by the urban planning certificate or by opinions and the concordance between their provisions and the DTAC - the technical documentation for obtaining the building permit and PTe - technical execution project;
d) verifies the existence of the technical expertise in the case of intervention works on constructions and, as the case may be, the existence of the technical expertise of the constructions and utilities located in the area of influence of the deep excavations in urban areas;
e) verifies the existence of the technical expertise in the case of works on interventions on constructions;
f) verify compliance with the regulations regarding the verification of projects by certified project verifiers and their approval by the certified technical expert, where appropriate;
g) verifies if the category of construction importance is specified in the project;
h) verifies the existence of the quality control plan, checks and tests;
i) verifies the existence of the "Quality system in constructions", taking into account the importance category of the construction or the complexity and importance of the construction works and the technical procedures / instructions for the respective work and their correspondence with the specifications;
j) as the case may be, it verifies the existence of the technical expertise and the monitoring program for all the constructions and utilities located in the area of influence of the deep excavation, regarding the resistance, stability and security at operation;
2. it follows the accomplishment of the construction in accordance with the provisions of the building permit, of the projects, specifications and, as the case may be, of other technical regulations in force;
3. verifies the existence of the documents of certification of the quality of the construction products, respectively the correspondence of their quality with the provisions included in projects;
4. prohibits the use of construction products without a certificate of performance /compliance, declaration of performance /compliance or technical approval in constructions, as the case may be, documents elaborated according to the law;
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 system in construction", the procedures and technical instructions for the respective work;
7. verifies and approves the technological worksheets and projects, 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 programs for the construction;
8. participates in the verification of the works reached in determining phases;
9. verifies, 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 taking samples from the place of commissioning and signs the sampling report;
11. transmits in writing to the designer, through the site manager, his own notifications or of the participants in carrying out the construction regarding the non-conformities found during the execution;
12. makes available to the control inspectors all the requested documents, necessary for the verification of the specific activity;
13. stops the execution of the construction works in case of serious quality defects or deviations from the provisions of the execution project and allows to resume the works only after they have been remedied;
14. seeks compliance by the executor with the provisions and /or the measures ordered by the designer /authorized bodies;
15. if applicable, follow the implementation of the monitoring program for all the constructions and utilities located in the area of influence of the deep excavation, regarding the resistance, stability and security at operation;
16. verifies, as a representative of the executor, compliance with the legal provisions in case of the change of technical solutions during the execution of the works and ensures that they are made on the basis of a site provision verified by project verifiers and certified experts and are accepted by the investor;
17. verifies the safety of the construction at the date of stopping the works, according to the project;
18. draws up and keeps up to date an electronic register of activity records with the construction works that he technically coordinates and of which he is responsible;
19. draws up a presentation report on how it has fulfilled its obligations of technical responsible with the execution stipulated in art. 51 lit. a) -c) and at art. 52 letters A) and B), as well as any event that occurred during the execution of the work;
20. notify I.S.C. in maximum 10 days from the date of cessation of the activity of technical responsible with the execution of an investment as an employee of the executant, before the reception at the end of the works at an investment, specifying the physical stage of the work and the date until which it was activated;
C. At the reception of the works
- together with the site manager and the designer/developmment engineer, competes in the preparation of the up-to-date technical book and its delivery to the beneficiary.
According to the provisions of art. 53 of the procedure, in the application of the duties incumbent upon them, if it finds the non-observance of the provisions of the present procedure, the technical manager with the execution has the obligation to immediately announce in writing the employing economic operator about the non-conformities found. If, within 10 days from the announcement, the investor does not have the order to stop the works and to remedy the non-conformities, the technical manager with the execution has the obligation to announce in writing I.S.C. and the site manager within 24 hours of the deadline.

 

4. Penalties

According to the provisions of art. 36, point II, letter c) of Law no. 10/1995, the overcoming by the technical managers with the authorized execution of the competences on domains /sub-domains or the failure to fulfill their obligations according to the regulations in force, if the deed was not committed under such conditions that, according to the law, constitute an low offence, it is a contravention and is fined from 10.000 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 law mentioned above, finding the contraventions provided for 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.
According to the provisions of art. 58 paragraph (1) from the procedure, the suspension of the authorization /authorizations of technical person responsible for the execution can be arranged for a period between 6 months and 12 months and in the following situations:
a) in the situation of violation of any of the provisions of art. 51 lit. a) -d) and lit. f) and / or of art. 52, ascertained and recorded in the control and inspection report, according to the law, by the control of I.S.C .;
b) in case of violation of the provisions of art. 41, art. 42 paragraph (1) and / or of art. 53;
c) following the proposal of the authorization commission that analyzed the file submitted in order to confirm the right of practice;
d) as a result of the proposal of the authorization commission that analyzed the conclusions of the minutes drawn up following the process of periodic supervision of the activity of the technical person responsible for the authorized execution.
According to the provisions of art. 58 of the procedure, the suspension of the authorization /authorizations of technical person responsible for the execution can be ordered for a period of 12 months and in the following cases:
a) the holder exercises the activity outside the domain /sub-domain of authorization;
b) the holder does not extend the right to practice in the terms of the present procedure, but carries out the activity of technical responsible with the execution;
c) the technical person responsible for the execution avoids the periodic supervision of the authorized activity.
In case of violation of art. 51 lit. g) determinated and recorded in the control and inspection report, according to the law, by the control of I.S.C. during the course of the specific activity, the suspension of the authorization (s) is ordered, until the date of registration with I.S.C. of the copy of the valid validation of an authorized electrician, respectively of the valid validation of an authorized installer in natural gas, issued by the competent national regulatory authority, according to the law.
The suspension of the authorization /authorizations of technical person responsible for the execution can be arranged in the situation where, by a definitive court decision, the complementary punishment of the prohibition of the exercise of certain rights (the right to occupy the position, to exercise the profession or the profession, or to him) was applied to the holder. to carry out the activity that was used to commit the crime), during the period ordered by the court.
In accordance with Art. 59 of the procedure, the cancellation of the authorization of technical person responsible for the execution can be arranged in the following situations:
a) the holder has verified and accepted the works executed below the level established for the fundamental requirements established by Law no. 10/1995, republished, with the subsequent modifications, which led to a technical accident case favored by the correct failure of the quality checks by it, accident resulting with human victims during the execution and use period, or which led to impairing bodily integrity with irreversible consequences;
b) the holder has verified and accepted the works executed below the level established for the fundamental requirements established by Law no. 10/1995, republished, with subsequent modifications, which endangered the lives and health of people;
c) the holder has verified and accepted the works executed below the level established for the fundamental requirements established by Law no. 10/1995, republished, with subsequent modifications, which led to accidents with serious consequences on the environment;
d) in the case of finding the commission of the acts provided for in art. 35 of Law no. 10/1995 regarding the quality in constructions, republished, with the subsequent modifications and completions, by a definitive decision of the competent courts;
e) in the situation where, by a definitive court decision, the complementary sentence of prohibiting the exercise of certain rights (the right to occupy the position, to exercise the profession or profession, or to carry out the activity used for the commission was applied to the holder) offense);
f) the holder fulfills the conditions for a third suspension for a limited period, during the last 5 years;
g) the holder carries out activity of technical responsible with the execution during the period when the authorization is suspended;
h) the holder exercises the activity of technical responsible with the execution to objectives for which no building permit has been issued, to objectives whose building permit has expired or to objectives that do not comply with the provisions of the building permit.
According to the provisions of art. 61 paragraph (3) of the procedure, I.S.C. keeps the record of the suspended /canceled authorizations and records the sanction in the Register of technical persons responsible for the authorized execution.