Wednesday, January 5, 2011
【 Weak current College 】 civil construction energy conservation Ordinance (draft)
Chapter 1 General provisions
To strengthen the civil construction energy conservation management, reduce civilian buildings use energy consumption, energy efficiency, "the regulations.
These regulations are known as civil construction energy conservation, is the guarantee of residential buildings and State Office buildings and other public buildings use features and the quality of indoor thermal environment, reduce civil building energy consumption during use.
The third people's Governments at all levels should strengthen civil construction energy conservation work and actively cultivate civil building energy-saving services market, and improve the service system of civil building energy efficiency, and promote the civil construction development and application of energy-saving technology, doing a civil construction energy conservation knowledge of public education.
The State shall encourage and support in new buildings and existing building energy saving in the use of solar energy, geothermal and other renewable energy sources.
To have solar energy utilization conditions of the region, the local people's Government and its departments shall take effective measures to encourage units, individual installation and use of solar water heating system, heating system, heating and cooling systems, solar energy utilization systems.
Article 5, the competent authorities of the State Council building is responsible for the national civil construction supervision and management of energy saving. The local people's Governments at or above the county level construction Administration Department is responsible for the administrative region civil building energy-saving supervisory management.
People's Government above county-level departments concerned shall, in accordance with the provisions of this Ordinance, as well as the people's congresses at the Division, responsible for civil construction and energy-related work.
Article 6 the competent authorities of the State-building in the national medium-and long-term energy saving should be special planning guidance, the preparation of national civil construction energy conservation planning, and related planning phase.
The local people's Governments at or above the county level construction departments shall prepare the administrative areas of civil construction energy conservation planning, reported to the approval of the people's Government.
Article 7, the people's Government at or above the county level shall arrange civil building energy-saving funds to support civil building energy-saving science and technology research and standards development, both the building envelope and heating systems for energy saving, renewable energy applications, as well as civil building energy-saving demonstration project, energy-saving projects, promotion of green building.
Government guidance financial institutions on existing building energy saving, renewable energy applications, as well as civil building energy-saving demonstration project and other projects to provide support.
Countries to implement energy saving projects in civil building tax incentives, State financial sector, tax authorities, in conjunction with the Department of State-building.
8 countries to actively promote the heating system reform, improve the heat supply pricing mechanism, to encourage the development of the progressive introduction of central heating, in accordance with the charging system with heat.
Article 9 on energy saving in buildings make notable achievements in the work of the organizations and individuals, in accordance with the relevant provisions of the State granting recognition and reward.
Chapter two new energy-saving construction
The State establishing civil construction energy conservation standard system. National civil building energy efficiency standards of the State Building Department is responsible for the Organization to develop and publish in accordance with legal procedures.
The State encourages the development, adoption, better than national civil building energy-saving standard of local civil construction energy conservation standards.
The State to promote the use of civilian buildings energy conservation of new technology, new technology, new materials and new equipment, restrictions on the use of or the prohibition of the use of energy consumption and high technology, processes, materials and equipment. Energy-saving work of the State administrative departments, building departments shall devise, publish and update the extension of the use, restrictions on the use of or the prohibition of the use of the directory.
National restrictions on the import or the ban on imports of energy consumption and high technologies, materials and equipment.
Construction, design, construction units shall not be used in the building activities included the prohibition of the use of the directory of technology, process, materials and equipment.
Article 12 of the local people's Governments at or above the county level planning departments to prepare the city for more detailed planning, town planning, shall, in accordance with the requirements of civil building energy-saving, determine the layout of the building, shape and orientation.
The local people's Governments at or above the county level planning departments according to the law on civil construction planning review, should design meets civil building energy-saving mandatory standards soliciting the views of the Building Authority; does not meet the mandatory civil building energy efficiency standards, shall not be issued a planning permit for construction project.
Construction departments shall seek advice from receipt of the material within 10 days from the date of their views. Seek the views of time is not counted in the planning period.
Article 13, construction drawing design files reviewed did not meet the mandatory civil building energy efficiency standards of the people's Governments at or above the county level shall not issue the Department in charge of building construction license.
Article 14 the construction unit shall not express or imply that the design, construction units violation of civil building energy-saving mandatory standards for design, construction, no warranties, express or implied construction units do not meet the construction drawing design documentation requirements of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment.
In accordance with the contract by the construction units to purchase building materials, insulation, doors and Windows, heating and refrigeration systems and lighting equipment, construction unit should ensure that they comply with the requirements for construction design files.
Article 15 of the design, construction units, engineering supervision unit and its practitioners, it should be registered in accordance with the civil buildings energy-mandatory standards for design, construction and supervision.
Article 16 of the construction units shall enter the construction site of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment for inspection; do not meet the construction drawing design file requirements shall be used.
Engineering supervision units found construction units do not follow the building energy-saving construction of mandatory standards, it shall request the correction of construction units; construction units refused to correct it, engineering supervision units shall promptly report the construction units, and report to the relevant competent authorities.
Wall and roof insulation construction, the engineer shall, in accordance with the requirements of the project management standards, take the stand, inspections and parallel inspectionForms of implementation and supervision.
Without the supervision engineer's signature, wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment shall not be used in the construction or installation, construction unit shall not be carried out in the next process of construction.
17 construction unit and acceptance, it should be on building meets civil building energy-saving mandatory standards for inspection; does not meet the mandatory civil building energy efficiency standards, shall issue a report on the completion of acceptance.
Article 18 of the centralized heat supply building should install household indoor temperature regulation device, and install the separation, or household use heat metering device and heating system control device; public building you should install electricity metering equipment breakdowns.
After the measurement device can be used in accordance with the verification.
Article 19 of the common corridor, stairs and other parts of the body, should install, using energy-saving lamps and electrical control unit.
Article 20 on renewable energy utilization conditions of building, construction unit should select appropriate renewable energy sources for heating, cooling, lighting and domestic hot water supply, etc.
Building renewable energy facilities should be synchronized with the main engineering design, construction, synchronize, synchronization.
Article 21 of the organs of the State Office building, and large public building owners should be on building energy use efficiency for evaluating and identifying and evaluating results to public announcements, accept social authority.
State Office building should install, using energy-efficient equipment.
This Ordinance that large public buildings, is a single building area of more than 2 million square meters of public buildings.
Article 22 of the commercial real estate development enterprise sales, should the purchaser expressly sold commercial buildings energy consumption indicators, energy-saving measures and protection requirements, such as thermal insulation works, warranty information, and in the commercial sales contract and residential quality guarantee, in the residential usage manual.
Article 23 in normal use conditions, the insulation of the minimum warranty period of 5 years. Thermal insulation on completion of the warranty, since the date of acceptance.
Insulation in warranty and warranty of quality problems occur, construction unit should fulfil its warranty obligations and to damages legally undertake the compensation responsibility.
Chapter III: energy efficiency of existing buildings
Article 24-saving transformation of existing buildings should be from the local economic and social development level and geographic realities such as climatic conditions, there are steps to implement the classification reform.
The regulations of existing building energy saving is not conforming to the mandatory civil building energy efficiency standards of the existing building's envelope, heating system, heating and refrigeration systems, lighting equipment and hot water supply facilities to implement energy saving activities.
Article 25 of the local people's Governments at or above the county level construction departments shall present within the administrative region of the existing building, the building's structure, energy systems, energy consumption indicators, life cycle, and other organizations survey statistics and analysis, development of existing building energy-saving alteration project, clear objectives, scope and requirements, with the approval of the Organization congresses at the people's Government.
The central State organs, existing buildings for energy saving, by the State organs of the authority to develop improvement plans, and organizations.
26 State Office building, investment and Government to government investment as the main public buildings for energy saving, energy saving programme should be developed, with full justification, and in accordance with the relevant State provisions related approval before.
Governments and relevant departments, units shall not be contrary to national regulations and standards for energy-saving alteration of existing buildings is expanded and reconstructed.
Article 27 does not meet the mandatory civil building energy efficiency standards for residential buildings and article 26 of the Ordinance provides for other public buildings, should respect the wishes of building owners, on the basis of the progressive implementation of energy saving.
In line with the implementation of the existing building energy-saving alteration, must conform to the building energy-saving mandatory standards, sunshade, improve takes precedence ventilation, low-cost improvement measures.
Existing building envelope renovation and reconstruction of heating system shall be carried out at the same time.
Article 29 on public buildings for energy saving, you should install the indoor temperature regulation device, power breakdown of the metering device; on centralized heat supply of public buildings for energy saving, you should install and use hot measurement device and heating system control device.
On the central heating of residential buildings for energy saving, it should be installed into, or household use heat metering equipment and heating system control device.
30 State Office building for energy saving costs, people's Government at or above the county level into regarding fiscal budget.
Residential building and education, science, culture, health, sports and other public uses of a public building energy saving costs, ownership by the Government, building common burden.
The State encourages the community to invest in energy efficiency retrofit existing buildings.
Chapter IV building energy-saving system operation
Article 31, the ownership or right to use buildings should ensure the building energy system up and running, not man-made damage building envelope and energy systems.
State Office building, and large public buildings of ownership or right to use the who should establish and improve civil building energy management systems and procedures, on building energy system monitoring, maintenance, and regularly report on the breakdown of the power of the people's Governments at or above the county level building authorities.
Article 32 of the people's Governments at or above the county level-saving administrative departments shall work in conjunction with the competent authorities determine the construction at the same level in their respective administrative areas focus on electricity public buildings and its annual electricity consumption per unit.
The local people's Governments at or above the county level construction departments shall state in the administrative area of office buildings and public buildings electricity consumption survey statistics and analysis, and the State Office building, and large public buildings heating, refrigeration, lighting energy consumption is made public.BR > State Office building and public buildings of ownership or right to use one of the local people's Governments at or above the county level construction departments of statistics.
Article 33 States on the use of air conditioning and heating, refrigeration of public buildings to implement indoor temperature control system. In addition to the special use, indoor air temperature setting may not be lower than 26 ° c, winter indoor air temperature shall not be higher than 20 ° c is set.
Article 34 the heating units shall establish a sound system, strengthen professional and technical personnel education and training.
Heating units should improve the technical equipment, the implementation of the management of measurement and monitoring of heating systems, maintenance, and improve the efficiency of the heating system to ensure the operation of the heating system in compliance with the mandatory civil building energy efficiency standards.
The local people's Governments at or above the county level construction departments shall present within the administrative region of heating units of energy consumption survey statistics and analysis, and develop a heating unit energy consumption; energy consumption to exceed indicators, should require heating units to develop appropriate improvement measures, and monitor implementation.
Legal responsibility
Thirty violate the regulations, the people's Governments at or above the county level, the Department has one of following behaviors, responsible staff and other direct responsibility personnel, legally imposes the sanction; the Constitution crime, legally investigates the legal responsibility:
(A) the design does not meet the mandatory civil building energy efficiency standards for residential construction projects awarded planning permit for construction project;
2) does not meet the mandatory civil building energy efficiency standards of design to produce qualified advice;
(3) construction drawing design file does not conform to the mandatory civil building energy efficiency standards for residential construction projects construction permits issued;
(Iv) not to carry out supervision and management duties of other acts.
Thirty violate the regulations, Government at all levels and its relevant departments, units, contrary to the relevant national regulations and standards for energy-saving alteration of existing buildings is expanded and reconstructed, the responsible staff and other direct responsibility personnel, legally imposes the sanction.
37 violate the regulations, construction unit has one of following behaviors, by the local people's Governments at or above the county level building authorities ordered corrective action and more than $ 20 million be fined not more than:
(I) an express or implied that the design, construction units violation of civil building energy-saving mandatory standards for design and construction;
(B) an express or implied construction units do not meet the construction drawing design documentation requirements of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment;
(3) purchase does not meet the construction drawing design documentation requirements of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment;
(Iv) use the inclusion of the prohibition of the use of the directory of technology, process, materials and equipment.
Thirty violate the regulations, construction unit does not meet the mandatory civil building energy efficiency standards for residential construction project completion acceptance report issued by the local people's Governments at or above the county level building authorities ordered corrective action and civil construction project contract price by more than 2 per cent shall be fined not more than 4%; the loss of liability.
39 violate the regulations, the design of the unit is not in accordance with the commercial building energy-saving design of the mandatory standards, or use the included a ban on the use of the directory of technology, process, materials and equipment, the local people's Governments at or above the county level building authorities ordered corrective action and more than $ 30 million the following fines; serious cases, the certificate of qualification issued by the authorities ordered the rectifications, lower the quality grading or revoked certificate; the loss of liability.
Fortieth violate the regulations, construction unit is not in accordance with the civil buildings energy-mandatory standards for construction, the local people's Governments at or above the county level building authorities ordered corrective action and civil construction project contract price by more than 2 per cent shall be fined not more than 4 per cent; and shall be issued certificates of authorities ordered the rectifications, lower the quality grading or revoked certificate; the loss of liability.
Article 41, in contravention of this Ordinance, construction unit has one of following behaviors, by the local people's Governments at or above the county level building authorities ordered corrective action and more than $ 20 million the following fines; serious cases, the certificate of qualification issued by the authorities ordered the rectifications, lower the quality grading or revoked certificate; the loss of liability:
(A) not to enter the construction site of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment for inspection;
(Ii) use do not meet the construction drawing design documentation requirements of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment;
(3) the inclusion of the prohibition of the use of the directory of technology, process, materials and equipment.
Those who violate the stipulations, the project management unit has one of following behaviors, by the local people's Governments at or above the county level building authorities ordered to overdue correction; correction, Department of 10 million Yuan fine of 30 million Yuan; serious cases, the certificate of qualification issued by the authorities ordered the rectifications, lower the quality grading or revoked certificate; the loss of liability:
(A) is not in accordance with the civil buildings energy-mandatory standards implementation and supervision;
(2) wall or roof insulation construction, stands next to not take, inspection and testing, and other forms of implementation of the parallel of supervision.
Does not meet the construction drawing design documentation requirements of wall material, insulation, doors and Windows, heating and refrigeration systems and lighting equipment, construction design in accordance with consistent with the requirements of a signature file, in accordance with the construction project quality management regulations, the provisions of article 67.
Violate the regulations, commercial real estate development enterprise sales, not to the purchaser expressly sold commercial energy consumption indicators, energy-saving measuresShi and protection requirements, such as thermal insulation works, warranty information, or to a purchaser expressly sold commercial energy consumption indicators and building does not match the actual energy consumption, in accordance with the law of civil liability; the people's Governments at or above the county level building authorities ordered to overdue correction; correction, Department delivered sales of housing shall be fined not more than 2 per cent; and shall be issued certificates of sector lower qualification or revoked certificates.
44th violate the regulations, the registered practitioners do not perform civil building energy-saving mandatory standards, and the people's Governments at or above the county level shall be ordered to stop the construction authorities practising 3 months 1 year following; serious cases, by issuing qualification certificate of the revoked the Licensing Department, no registration within five years.
Chapter i. General provisions
Article 45 of this Ordinance shall come into operation on the date of promulgation.
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