The Parliament of Romania Law No. 10 of 18 January 1985 on the quality in construction Published in the Official Gazette, no 12, Part |, a8 of 24 January 1995 ‘The Parliament of Romania adopts the present enactment. Chapter I General Provisions Art. 1 -The quality of the construction works is the result of the their totality of conduct performances in exploitation in order to satisty, for their entire period of usage, the requirements of the users and of the communities, The requirements regarding the quality standards of the installations and of the technical equipments of production are established and accomplished in compliance with specific regulations issued for each domain of activity Art. 2 - The provisions of the present enactment are applicable to all categories of construction works and to the installations thereof - notwithstanding the form of property or the destination - hereafter referred to as construction works, as well as to the modemisation, modification, transformation, consolidation and repair works thereof. ‘The one floor and two floor home buildings and the household annexes situated in the rural environment and the villages belonging to towns, as well as the temporary constructions are ‘exempted. Art. 3. — The present enactment enforces the quality system in construction works, which shall lead to the performance and exploitation of proper quality standards in construction works, with a view to protect people's lives, their assets, the society and the environment, Art. 4 - The quality system in construction works applies differently depending on the significance categories of the construction works, according to the regulations and the appliance procedures of each component of the system. ‘The classification of the construction works in significance categories is made depending on their complexity, destination, usage, risk level regarding safely, as well as on economic grounds. Art. 5 In order to obtain construction works with appropriate quality standards it is compulsory that the following requirements are met and maintained for the entire period of existence of the construction works: a) Endurance and stabil; »b) Safety in exploitation; €) Safety in the case of fire;4d) Hygiene, humans’ health, restoration and protection of the environment, €) Thermosisolation, water proof and saving of energy, and 4) Noise protection. ‘Art. 6 The obligations provided by the previous article are incumbent on the entities involved in the design, performance and exploitation of construction works, as well as in their subsequent exploitation, according to their individual responsibilities. ‘These entities are: investors, researchers, designers, design controllers, manufacturers and suppliers of construction products, constructors, owners, users, technical specialists responsible for the execution of construction works, technical valuators, as well as the public authorities and the professional associations operating in the industry. Art. 7 The executed contracts, or, as the case may be, the issued orders or authorisations, shall include, by care of the above entities, provisions regarding the required quality standards in construction works, as well as tangible guarantees and other provisions which should lead to the observance of such provisions. As regards the requirements provided by article § above, the contracts cannot provide quality standards and requirements that are below the level required by the legal regulations in force. Chapter Il The quality system in construction Art. 8 — The quality system in construction works represents the assembly of organised structures, responsibilities, regulations, procedures and methods which together compete to the performance of the constructions’ quality standards in all their stages of designing, execution, exploitation and subsequent exploitation. Art. 9 — The system of quality in construction works comprises the following items: (a) The technical norms applicable in the construction field; (b) The quality of the products used for executing construction works; (c) The technical endorsements for new products and construction methods; (6) Controlling the designs, the status of execution of the construction works and the expert valuation of the designs and of the construction works; (@) The management and the ensurance of the quality of construction works; (f) Authorisation and the ascertaining of the testing and analysis labs operation in the construction field; (g) Metrological activities performed within the construction filed. (h) Costumer's take over of construction works; (i) Appropriate conduct during the exploitation period as well as any promptly intervenience: () Subsequent exploitation of construction works;(k) Administrative control activities concerning the compliance of the construction works with the quality standards. Art. 10 - The technical norms are enforced by regulations and procedures and address the design, the calculations and the content, the execution and exploitation of construction works. The technical regulations mainly establish the minimum quality requirements for construction works, the products and methods used in constructions, as well as the methods for determination and controlling such requirements, Art, 11 — The certification of the quality standards for construction products shall be made by care of the producer in compliance with the legal methodologies and procedures. It is prohibited the usage of uncertified products for construction works, that should otherwise ensure an appropriate quality standard according to the legal requirements. Art. 12 ~ Pursuant to the present enactment, the technical endorsements regarding the products, devices and new construction equipments cerlfy their exploitation capacity, their conditions of manufacturing, transportation, deposit, operation and maintenance. With respect to the construction works that have to ensure a required quality standard it will be used products, methods and traditional equipment, as well as new ones, which have been certified with technical endorsements. Art. 13 — Only authorised design controllers, different from the experts drafting the design, may perform the control of the designs for constructions works execution with respect to the ‘compliance with the legal requirements. It is prohibited the appliance of designs and of technical execution details which have not been controlled according the terms stipulated in the paragraph above. ‘The control of the quality in the execution of construction works is compulsory and is performed by investors through specialised headmasters or through specialised consultancy entities. The expert valuations of the designs and of the construction works have to be performed only by authorised technical valuators. Art, 14 — The management and ensurance of the quality in construction works represents an obligation of all parties involved in the design, execution and exploitation of construction works and implies adequate strategy and specific measures for guaranteeing the quality of such works. ‘The economic entities involved in the execution of construction works shall ensure the adequate quality of construction works, through their own staff and by authorised technical experts responsible with the execution, as well as through their own designed and implemented quality system, Art. 15 - The authorization and certification of testing and analysis laboratories for the construction industry shall be made in accordance with the legal provisions. Art. 16 - The metrological activity in the construction industry shall be performed in accordance wilh the legal provisions regarding standardisation, verification and maintenance of measurement and control instruments used in this industry.‘Art. 17 - The reception of construction works represents a certification of their performance based ‘on their direct examination, in accordance with the execution documentation and with the ‘documents included in the technical book of the construction works. ‘The technical book of the construction works comprises the execution documentation and documents regarding its completion and exploitation. This technical book is drafted by care of the investor and is delivered to the owner of the construction works, who is liable for its maintenance ‘and updating; the provisions of the technical book regarding the exploitation of the construction work are mandatory for the owner and for the user. ‘The reception of construction works is made by the investor ~ owner, assisted by the designer and the constructor and /or by the specialised duly authorised representatives of the designer and of the constructor. ‘Art. 18 - The monitoring of the conduct of construction works during exploitation is performed during the entire period of existence of such works and includes the totality of activities of direct examination of investigation using specific observation and measurement methods in order to ensure the compliance with the requirements, Interventions on existing construction works shall_mean reconstruction, consolidation, transformation, extension, partial demolition works, as well as repair works, which are performed only based on a design approved by the initial designer of the building or based on a technical expert valuation drafted by an authorised technical valuator and shall be mandatorily mentioned in the technical book of the construction works. Art. 19 - The post-utilsation of construction works includes the activities of putting down, dismantling and demolition of construction works, reconditioning and re-use of the recoverable elements and products, as well as recycling of waste by ensuring adequate environment protection according to the law. Art. 20 - The state control of construction quality includes inspections performed to the location of investors, entities involved in the design, execution, exploitation and post-utlisation of construction works, regarding the existence and observance of the quality system in the construction industry. The state control of construction quality shall be performed by the State Inspection of construction works, public works, urbanism and territorial arrangement, which shall be liable for exercising state control in what regards the unitary application of the legal provisions in the field of construction quality. Chapter Ill Obligations and liabilities Section 4 Obligations and liabilities of the investors ‘Art. 24 - The investors are natural or legal persons which finance and perform investments or interventions on existing construction works, in the meaning of the law, and have the following main obligations regarding construction quality:a) To establish the quality level to be met within the design and execution activities, based on technical regulations and on studies and research performed; b) To obtain approvals and licenses provided by law and to obtain the construction permit, c) To ensure the control of the designs by authorised design controllers; d) To ensure the control of the correct execution of the construction works by means of specialised headmasters or by specialised consultancy entities, for the entire duration of works; @) To take action with a view to solve any discrepancy or defect occurred during the execution of the construction works, as well as of any deficiency of the design; {) To ensure the reception of construction works upon completion of the works and on the expiration date of the guarantee period; 4) To draft the technical book of the construction works and to deliver it to the owner, h) The expert technical valuation of the construction works performed by technical valuator, should these constructions works fall under the provisions of paragraph 2 of Articie 18 of the present enactment. Section 2 Obligations and liabilities of the designers ‘Art. 22 — The construction designers are liable for observance of the following main obligations regarding the constructions quality a) The establishment in the design of the significance category of the construction work; b) The ensurance, by means of designs and execution details, of the adequate quality level according to the requirements, with the observance of the technical regulations in force and of the contractual provisions; c) The submission of the elaborated designs to authorised design controllers appointed by the investor, as well as the resolving of all discrepancies and inaccuracies pointed out; d) The drafting of the duties books, the technical instructions regarding the execution of works, exploitation, maintenance and repair works, and, as the case may be, the drafting of projects for monitoring the conduct of construction works in time. The documentation regarding the post- utilisation of construction works shall be drafted only upon the owner's request: e) The establishment in the design of the specific execution phases for the works afferent to requirements and the participation on the site to the activities of quality control; £) The establishment of the methods to remedy defects occurred during execution to construction works, which are submitted to the quality requirements, and to monitor the application on site of the approved technical solutions further to their approval by the authorised design controllers, upon the request of the investors 4) Assistance in drafting the technical book of the construction works and in the reception of the construction works performed.Section 3 Obligations and liabilities of the constructors Art. 23 - The constructor has the following main obligations: a) The notification of the investors of the discrepancies and inaccuracies observed in the designs, in order for them to be resolved; b) The commencement of the construction works only for authorised works according to the law, and only on the basis of and in accordance with designs verified by authorised design controllers; ©) The ensurance of the adequate quality level in accordance with the requirements by means of their own quality system designed and implemented through its staff, with authorised technical specialists responsible for the execution; d) The convening of the entities that have to participate to the control of the works which are in determined phases of execution and assurance of the necessary conditions for their performance, in order to get the accord of continuing the works; €) The resolving of all inaccuracies, defects and non-concordances that have appeared during the execution phases, based only on the solutions established by the designer with the accord of the investor; {) The usage during the work execution only of the products and the procedures provided in the design, certified or for which technical endorsements have been issued, that lead to the accomplishment of the demands, and to the administration of the witness-evidence; replacement of the products and of the procedures provided in the project with others that meet the specified conditions and only based on the solutions established by the designers with the accord of the investor; {@) The compliance with the designs and the execution details for performing the quality level corresponding to the demands; h) The notification, within 24 hours, of the State Inspection for Construction Works, Public Works, Urbanism, and Territory Arrangements in the case that some technical accidents happen during the work execution; i) The submission to the reception only of the construction works that correspond to the quality demands and for which it has been delivered to the investor the documents necessary to the