Decision 766 Concerning Approval of Regulations Concerning Construction Quality

GOVT DECISION 766/1997
DECISION for approval of regulations concerning quality in constructions
Based on art. 38 of law 10/1995 concerning quality in constructions,

The Government of Romania hereby decrees:
Art. 1. Approval of regulations concerning:

a. Metrology activities in constructions
b. Management and assurance of construction quality
c. Establishment of construction importance categories
d. Supervision of exploitation behaviour, timely interventions and construction post-
use
e. Technical agreement for products, procedures and new construction equipment
f. Authorization and accreditation of construction analysis and test laboratories
g. Conformity certification of the quality of products used in constructions, indicated
in Appendixes no 17, which are integrated into the current Decision
Art. 2. The Ministry of Public Works and Territorial Management (MLPAT) shall update
and manage regulations indicated in Art. 1.
Art 3. On the date the decision comes into effect, the following provisions are abrogated:
- Govt Decision No 256/1994 for approval of the Regulation concerning assurance
of metrological activity in constructions, published in the Romanian Official
Gazette Part I no 152/June 17 1994;
- Govt Decision no 261/1994 for approval of regulations elaborated based on art 35
and 36 of Govt Ordinance No 2/1994 concerning construction quality, published
in the Romanian Official Gazette Part I No 193/ July 28 1994;
- Govt Decision No 392/1994 for approval of the Regulation concerning technical
agreement for new construction products, procedures and equipment, published in
the Romanian Official Gazette Part I no 202/ August 4 1994;
- Govt Decision no 393/1994 for approval of the Regulation concerning
authorization and accreditation of construction test laboratories, published in
the /Romanian Official Gazette, Part I no 202/ August 4 1994;
- Govt Decision no 728/1994 for approval of the Regulation concerning quality
certification of construction products, published in the Romanian Official Gazette
Part I no 325/November 24 1994.
APPENDIX No 1
REGULATION concerning metrology activities in constructions
CHAPTER I- general provisions

Art. 1. The metrology activity in constructions is a component of the construction quality
system, legally regulated, which ensures management, metrological confirmation and use
of measuring equipment.
Art. 2. The regulation hereunder establishes the general legal framework, the main
content, methodology and organization elements concerning metrological activities in
constructions.
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Art. 3. Provisions of regulation hereunder apply for all legal or physical persons involved
in construction activities that make use of measuring equipment.
Art. 4. Application of regulation provisions hereunder must also take into account and
observe legal metrology norms and instructions, as well as standards and other applicable
official regulations.
Art. 5. Definitions of the specialized terms of metrological activities used in the text on
the regulations hereunder comply with the term Glossary concerning the construction
quality system.
CHAPTER II- Main content elements of metrological activity in constructions

Art. 6. As per the regulation hereunder, the metrology activity envisages the following
main principles and objectives:
a. Making sure that all measurements performed are uniform, accurate and legal;
b. Making sure that measurements are legal by using metrologically confirmed
measurement equipment, with approval for the equipment model if necessary
c. Implementation of the quality assurance system established for metrology activity
in constructions
Art. 7. The metrological activity includes the following main elements:
a. Establishment of the necessary measurements
b. Selection and acquisition of the necessary measurement equipment, taking into
account measurement field, accuracy, robustness and durability in the specific
environmental conditions of their respective use
c. Reception and management, identification, manipulation, preservation, storage of
measurement equipment
d. Metrological confirmation of measurement equipment, initial verification,
periodical verification and/or after repair works, performed by the constructor’s
own metrology laboratories or by other metrology laboratories authorized and
accredited by the Romanian Office for Legal Metrology and respectively by the
national accreditation organization for metrological laboratories.
e. Use of measurement equipment in compliance with specifications and with
applicable technical regulations.
f. Proper filing of documents and records concerning measurement equipment
Art. 8. The metrology activity must ensure measurement equipment use in compliance
with measurement needs and with provisions of the equipment technical specifications.
CHAPTER III- Methodological and organizational elements of metrological

activities in constructions
Art. 9. The necessary measurements are established based on documentation, technical
execution procedures and on applicable technical regulations, for each object, category of
construction works or activity.
Art. 10. Selection of measurement activities must take into account measurement
requirements established in the execution documentation, in measurement methods and in
other applicable technical regulations.
Art. 11. Metrological confirmation must comply with current legal regulations.
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Art. 12. Acquisition, reception and management of measurement equipment are provided
by each involved legal or physical person, by proper organization and by ensuring the
necessary means for:
a. Contracting measurement equipment supply services, taking into account the
complexity of the order, concerning auxiliary devices and apparatuses, reference
materials, standards, maintenance and use instructions;
b. Reception of the ordered measurement equipment, both from a quantitative and an
operational point of view
c. Ensuring proper operation of a system, including documents, procedures,
locations and environmental conditions, as well as proper operation of personnel,
concerning identification, manipulation, preservation and storage, in compliance
with supplier instructions and with applicable legal provisions.
d. Performing metrological confirmations, calibrations, verifications, repair works
and keeping track of the respective documents and records.
e. Withdrawal, isolation and inventory of inappropriate measurement equipment,
elimination of malfunction causes and reconfirmation or repeal of the respective
equipment.
Art. 13. Measurement equipment is used by personnel with the background and training
necessary for carrying out the respective measurements, in compliance with supplier
instructions, measurement methods and applicable regulations. In the cases specified by
the metrological legislation in effect, personnel involved in metrological activities must
have the necessary certification.
Art. 14. No measurement equipment can be used, which has not been identified from the
point of view of their verification status, in compliance with the quality system, or which
is inappropriate or not metrologically reconfirmed.
Art. 15. Metrological activity will be subjected to periodical evaluation via internal/
external audit, depending on the volume and complexity of the respective activity, as well
as on the construction importance category the activity is carried out for.
Art. 16. Depending on volume and complexity, the metrological activity will be
organized from the technical and administrative points of view and it will be coordinated
by the proper technical personnel.
CHAPTER IV- Obligations and responsibilities

Art. 17. Legal and physical persons involved in construction activities, that make use of
measurement equipment, investors, owners or users, designers, technical experts,
executants, have the following obligations and responsibilities:
1. Make sure that the unit performing the respective services complies with the regulation
hereunder.
2. Establish, through contract, the obligations and responsibilities of each party
concerning all conditions for the equipment used during the respective measurements:
manipulation, storage, security, and environmental conditions, access
3. Ensure evidence of documents that allow surveying of the respective measurements.
Art. 18. Legal and physical persons carrying out metrological activities on their own
have the following obligations and responsibilities:
a. Ensure technical and administrative management as well as the necessary means
for the respective activities, in compliance with the regulation hereunder;
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b. Provide the proper personnel, as well as personnel training and certification in
necessary
c. Create and keep track of documents and records concerning metrological
activities, in compliance with provision of applicable technical regulations;
d. Periodically evaluate metrological activity and take all necessary measures to
ensure the activity is carried out properly.
CHAPTER V- Final provisions
Art 19. Through its own authorized personnel, the Romanian Office for Legal Metrology
exerts the state metrological control over measurement equipment used in construction,
indicated in the Official List of measurement means subjected obligatorily to state
metrological control, in compliance with their legal attributions.
Art. 20. Specially appointed personnel (from the State Inspectorate in Constructions,
Urbanism, Public Works and Territorial Management) supervises application and
observance of the regulation hereunder. Upon request, the Romanian Office for Legal
Metrology may take part in measurement equipment control, performed by specially
appointed personnel from the State Inspectorate in Constructions, Urban Planning, Public
Works and Territorial Development.
Art. 21. Infringement of the regulation hereunder results in contravention and criminal
responsibility and sanctions, in compliance with current law.
APPENDIX NO 2
REGULATION concerning management and assurance of construction quality

Art. 1. Management and assurance of construction quality represent an essential
component of the construction quality system and a significant part if overall
management in a unit. Management and assurance of construction quality establish and
put the quality policy into practice, through pre-established and systematic activities,
meant to prevent non-quality, to ensure achievement, application and development of the
quality required by technical regulations and contractual clauses, in rational/reasonable
deadline and cost conditions, and to offer confidence in the respective company or
juridical person.
Art.2. The regulations hereunder establish the general legal framework, the main content
and methodological elements for elaboration, application and development of
management and assurance of construction quality, taking into account applicable
standards, adapted to the specific features of the respective constructions.
Art. 3. Provisions of the regulation hereunder are meant for all legal or juridical persons
involved in the process of design, production, exploitation and post-use of constructions:
investors, owners, research and design units, manufacturers and provides of construction
products and services, construction work executants and construction users- which are
obliged to make sure, through construction quality management and assurance, that a
minimum quality level is obtained and maintained on the entire construction duration of
existence, in compliance with requirements established by the construction quality law.
Art. 4. Management and assurance of construction quality are applied as follows,
depending on construction importance category or on importance of various works:
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a. Through the quality system, defined and documented based on principles and
recommendations in standards SR EN ISO Series 9000, adapted to the
requirements of the specific constructions, for:
i. constructions of exceptional or high importance;
ii. constructions of normal importance category, financed by the state budget
iii. constructions of normal importance category, financed from other sources, if
the contract stipulates as such.
b. Through the quality plan, created and applied for certain works or constructions
of normal importance category
c. Through observance of all attributions of the technical execution supervisor,
certified within the executant’s activity organization, for constructions of reduced
importance category.
Management and assurance of construction quality are applied by the owners and/or
users, for stages of construction exploitation and post-use, in the cases indicated at letter
a)(i). For the other cases, during these stages in the existence of the construction,
provisions of the Regulation concerning supervision of exploitation behaviour, timely
intervention and construction post-use will be applied. Construction importance
categories are those indicated in the Regulation concerning establishment of construction
importance categories.
Art. 5. For companies involved in construction activities, it is recommended that
application of construction quality management and assurance also be accompanied by
professional certification, approved for the specialized fields in their respective domain of
activity.
Art. 6. Economic agents and legal persons applying the quality system based on SR EN
ISO series 9000 standards, as well as beneficiaries of the signed contracts, can request
certification of the respective quality system by the proper accredited certification
organizations.
Art. 7. The specific terms used in the regulations hereunder are defined in the term
Glossary concerning the construction quality system.
CHAPTER II- Content and methodological elements of construction quality

management and assurance
Art. 8. Construction quality management and assurance implies the following main
elements:
- entry data
- main content elements
- methodological elements concerning system application and development
- documents and records
The content and development of the above-mentioned elements varies depending on the
specific activities carried out in the involved units.
Entry data
Art. 9. Entry data for quality construction management and assurance include:
a. Documents concerning field of activity, organization and resources of the
economic agent or of the respective legal person;
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b. Documents concerning customer quality requirements, as well as requirements
stipulated in the applicable technical requirements, contractual documents,
technical design documentation.
The quality level concerning the mentioned requirements must be detailed and explained,
so that the entry data can be established.
Main content elements
Art. 10. Construction quality management and assurance include the following main
content elements:
- the quality assurance program
- the appropriate system management
- the applicable conditions referring to the quality system
These elements are elaborated, applied and continuously updated by the involved
economic agents and legal persons.
Art. 11. The quality assurance program establishes the specific provisions, directives for
defining and achievement of required quality, mentioning the objectives, operational
rules, resources and sequence of quality-related activities. This program can be
elaborated and applied by the economic agents or legal persons, referring to internal
elements of construction quality management and assurance, policy, management,
strategy, organization, as well as to external quality assurance, in compliance with
contracts signed between parties, for evaluation by a second client party, or certification
by third party (a certification organisation), of the applied construction quality
management and assurance.
Art. 12. The quality assurance program includes the following essential documents:
a. The quality manual, which may vary as far as detailing degree and format, in
order to meet the needs of the economic agent or the legal person. The manual
may comprise several documents. Depending on its object, the manual can be
assigned a determiner, such as quality assurance manual, or quality management
manual;
b. Procedures, as follows:
- system procedures, which detail quality system conditions
- technical or process execution procedures, which include quality control plans
- administrative procedures
- quality control plan
In certain special cases, such as investment works- important constructions, use of new
products of special execution processes and procedures, the investor beneficiaries may
require by contract elaboration and application of quality plans by product suppliers or by
the constructors executing the works. Quality plans are established in compliance with
beneficiary quality assurance programs and in correlation with quality manuals and
procedures from the respective suppliers or executants.
Art. 13. If the quality system applied based on standards SR EN ISO series 9000 is not
certified, the essential documents of the system will be approved by specialists or by
organizations authorized by MLPAT, or certified by an accreditation organization, in the
following cases:
- for tenders
- for constructions of exceptional of outstanding importance
- for constructions financed via state funds
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- for other cases when these documents are opposable
Art 14. The organization afferent to construction quality management an assurance,
integrated into the general organizational and operational system of the economic agent
or legal person, must comprise the following:
- Defining the quality policy, objectives, management methods and responsibilities
concerning implementation and operation or construction quality management and
assurance
- Identifying real or potential quality problems, finding solutions to these problems
and supervising application of these solutions
- Organizing, granting proper authority and competences as well as ensuring
independence of the various compartments and of the quality control and quality
assurance personnel
- Providing the necessary means and resources for application of the quality policy
and for achievement of the respective quality objectives.
- Training the personnel involved in quality control and assurance
- Periodical analysis by the unit management, of the construction quality
management and assurance, to verify its effectiveness and its observance of the
specified requirements.
Art. 15. Conditions of the quality system, applied based on standards SR EN ISO series
9000, correlated with the other elements of this system, compared to which specific
requirements for various quality assurance models are established, are the following:
- management responsibility; system analysis
- quality system documents
- design control
- document and data control
- procurement
- control of supplied product by client
- identification and pegging out the product/ the works
- process control
- inspections (control) and tests
- control of inspection, measurement and test equipment
- stage of inspections (control) and tests
- control of the product (work) that doesn’t observe specifications
- corrective and preventive actions
- manipulation, storage, packaging, conservation and delivery
- quality record control
- internal quality audits
- training
- maintenance and supervision of the behaviour of the works
- statistical techniques
Within the quality system elaborated and applied by the economic agent or the legal
persons, specific conditions are emphasized, which correspond to the quality assurance
model adopted in compliance with art 19 and which are characteristic for the stage and
activities stipulated in the signed contracts: design, production, execution.
For the stages of exploitation and post-use, specific quality system conditions are
selected, corresponding to provisions and regulations applied to the respective stages.
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Conditions referring to the quality system, mentioned in paragraph 1 will be adapted to
the performed works and activities, through system procedures, administrative
procedures or, if necessary, specific technical procedures/instructions.
Methodological elements concerning application and development of the quality

system, applied based on standards SR EN ISO series 9000
Art 16. Quality system application based on standards SR EN ISO series 9000, and
development of the system’s content elements by the involved economic agents or legal
persons taking part in activities during the various stages of production and exploitation
of constructions, are performed by different methods depending on the stage of works.
Art. 17. The differentiation in application of the quality system based on standards SR
EN ISO series 9000, which reflects upon the system objectives and organization adopted
by the involved economic agents and legal persons, is made evident by:
a. quality assurance requirements, corresponding to their organization and capacity
to best include conditions referring to the quality system.
b. The importance category of constructions that constitute their object of activity
and the specific parameters characterising the respective buildings.
Art. 18. The quality assurance models represent selections of correlated elements and
conditions of the quality system, which, if adequately combined and applied by the
involved units, provide these units with the operational and organizational ability to meet
quality assurance requirements, afferent to the majority of construction objects contracted
in advantageous conditions for the contracting parties.
Art. 19. Three models are applied in the construction field, noted with 1, 2, and 3, that
represent distinct quality assurance levels corresponding to standards SR EN ISO Series
9001; SR EN ISO Series 9002 or SR EN ISO Series 9003, differentiated mainly through
the number and content of the quality assurance conditions taken into account in relation
to the elements and conditions referring to the quality system; the number and content of
conditions decrease from model 1, the most complex and demanding model, to model 3,
the simples and least demanding as far as requirements and conditions.
Art. 20. It is recommended that the following correspondence between construction
importance categories and quality assurance models be taken into account:
Construction importance category Quality assurance model
Exceptional (A) Model 1 or special regulation
High (B) Model 1 or 2
Normal (C) Model 2 or 3
Reduced (D) Model 3 (optional)
Art 21. Assignment of construction importance categories, and selection of an

appropriate quality assurance model for products, construction objects or their parts, as
well as for the implied production and exploitation activities, are established during the
design stage, for new constructions, or during design of intervention works, for existing
constructions, upon agreement with the investor or the owner.
Documents and records

Art. 22. Elaboration and application of the quality system in constructions are founded
and defined by the following main documents, created, updated and periodically revised:
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a. Documents concerning system entry data, containing quality levels required for
various stages and activities of the design-production-exploitation process
b. Quality assurance program documents
c. Documents and records concerning quality:
- quality certificates, test bulletins, product quality compliance certificates,
reception reports for the bought products; control reports, verification and
analysis reports, approval reports for works and technical design documentation
- reports for hidden works, as well as reports for determinant stages, stop points and
partial reception points, control and verification reports concerning quality,
reception reports for executed construction works
- reports regarding non-observance of quality provisions and reports for corrective/
preventive activities
- audit plans and reports, system analysis and evaluation
- reports concerning quality assurance costs
d. Various other documents on quality, such as technical reports, information,
periodical reports
Quality plans
Art. 23. The quality plan is the document describing the practices, resources and
sequence of activities concerning quality, relevant for a certain work or construction.
Art. 24. In order to achieve quality objectives, the quality plan is elaborated in the
following circumstances:
a. as a part of the quality system, for certain works or constructions; in this case
references are made to the quality manual and the documented system procedures,
and additionally, if necessary, with specific procedures for the respective works.
b. As an independent document, if the involved economic agent or legal person has
not implemented the quality system based on standards SR EN ISO Series 9000,
in which case the procedures necessary for the quality plan application will also
be elaborated.
Art. 25. The quality plan envisages the applicable conditions referring to the quality
system, mentioned in Art 15; the form and level of detail will be adapted to the demands
of the respective construction, the complexity of works and the legal and physical persons
involved.
CHAPTER III
Attributions, obligations, responsibilities
Art. 26. MLPAT has the following attributions:
a. To coordinate application of construction quality management and assurance, in
correlation with the other quality system components, established by Law No
10/1995 concerning quality in constructions;
b. To establish and approve organizational structure, set-up documents and
methodological norms needed for:
- accrediting organizations of certification, qualification or approval for quality
systems, construction products, economic agents from the construction field and
specialized personnel;
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- approval of legal and physical persons for design, consulting, evaluation and
training in the field of construction quality systems;
c. To elaborate, approve and publish the explanatory technical guide concerning
application of construction quality management, to be used by the interested legal
and physical persons: manufacturers, suppliers, designers, owners, and users.
Art. 27. Economic agents and legal persons taking part in design, production,
exploitation and post-use activities of constructions must observe the following main
obligations in reference to construction quality management and assurance:
a. Obtaining the appropriate certification concerning qualification of the economic
agent.
b. Differentiated elaboration and application of construction quality management
and assurance, depending on the ongoing activities, construction importance
category and the nature of the construction, under the conditions mentioned in
article 4.
c. Taking the necessary measures to integrate the appropriately qualified personnel
into the quality departments, through:
- training of personnel, emphasizing on quality motivation and on self-control
- authorization of the manager of the technical quality control department and of
the site inspector, by the State Inspectorate in constructions, public works, urban
planning and territory development.
CHAPTER IV – Final provisions

Art. 28. MLPAT, trough the State Inspectorate in constructions, public works, urban
planning and territory development, follows and controls application and observance of
this regulation by the involved economic agents and legal persons, making sure
construction quality management and assurance exist and are applied.
Art 29. Infringement of the regulation hereunder results in contravention and/or criminal
Art. 30. Each economic agent and legal person finances activities for implementation and
operation of construction quality management and assurance from their current funds
used for usual activities.
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APPENDIX 3- REGULATION concerning establishment of construction importance
categories
CHAPTER I- General provisions
Art. 1. The regulation hereunder establishes integration methods for construction
categories, for differentiated application of the quality system, in compliance with the
law.
Art. 2. Constructions represent works designed and executed to fulfil certain economic,
social or ecological functions. They are usually characterized in relation to the necessity
of adaptation to local terrain and environmental conditions, with a long duration of use,
important labour and material volume.
Infringement of the regulation hereunder results in contravention and criminal
Art. 3. The provisions of the regulation hereunder apply to all new of existing
constructions.
Art. 4. Constructions fall into the following categories, depending on their importance:
a. global importance, called importance categories, which concern the entire
construction in all its aspects;
b. specific importance, called importance classes, which concern the entire
construction or parts of it, from certain aspects.
CHAPTER II- Importance categories

Art. 5. Construction importance categories are established according to the methodology
approved by MLPAT, for elaboration of quality levels determined by observance of
requirements, as well as for discriminating obligations of the legal and physical persons
involved, in compliance with the law, taking into account the following aspects:
a. vital involvement of constructions in the society and nature; the degree of risk
from the safety and health points of view;
b. functional involvement of constructions in the social-economic field, in the
constructed environment and in nature, destination, methods of use etc.
c. specific construction characteristics- complexity, economic considerations
Art. 6. Construction importance categories are:
- constructions of exceptional importance (A)
- constructions of high/ outstanding importance (B)
- constructions of normal importance (C)
- constructions of low importance (D)
Art. 7. When necessary (for intervention works or in other cases), importance category is
established by designer upon investor request, for new constructions, or upon owner
request, in case of existing constructions. Each construction shall fall into a single
importance category, to be recorded in all technical documents concerning the respective
construction: authorization for construction, execution project, construction technical
specifications, insurance documents.
Importance classes
Art. 8. Importance classes are correlated with importance categories by the designer, in
the case of new constructions, and/ or by the certified technical expert, in case of existing
constructions, in order to establish application conditions for quality system components.
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CHAPTER III- Final provisions
Art. 10. The established importance class and category for a construction shall only
change when their destination is changed or in other circumstances that require change of
destination, with thoroughly justified documentation.
Art. 11. Investor or owners can include clauses in their contracts with designers, with
requirements superior to those of the construction importance class or category.
APPENDIX NO 4- REGULATION concerning supervision during construction

exploitation, periodical interventions and construction post-use
Art. 1. Supervision during exploitation, periodical interventions and post-use of
constructions are components of the construction quality system. The objective of
supervision of exploitation behaviour and of periodical interventions is evaluation of the
construction technical state and maintenance of exploitation abilities on the entire
duration of these constructions.
Art. 2. The regulation hereunder establishes the general framework for activities
concerning supervision of behaviour during construction exploitation, periodical
interventions and post-use; the regulation applies to all construction categories and is
compulsory for all the involved legal or physical persons: investors, owners, executants,
designer, administrators, users.
Art. 3. Supervision of behaviour during construction exploitation, periodical
interventions and post-use represent distinct, complementary actions, as follows:
a. supervision of exploitation behaviour is performed in order to discover in time
degradations that lead to a decrease in exploitation abilities.
b. Periodical interventions on constructions are meant to maintain or improve
exploitation abilities.
c. Construction post-use comprises activities of construction demolishment under
safe conditions and effective recovery of materials as well as of the environment.
All these actions are performed by the owner
Art. 4. The specialized terms used in the regulation hereunder are defined in the terms
CHAPTER II- Supervision of construction behaviour during exploitation

Art. 5. Supervision of construction behaviour during exploitation is performed by:
- ordinary/ usual supervision
- special supervision
Ordinary/ special supervision methods, periods, characteristics, and needed parameters
are established by the designer or expert, depending on the construction importance
category and on other construction features, and are included in the construction technical
book, which will also comprise the recorded results of these supervision activities.
Art. 6. Ordinary supervision is a systematic observation activity of construction technical
state, which, correlated with maintenance activities, aims at preserving construction
exploitation capacities. Ordinary supervision is exerted on all constructions on their entire
duration of existence, in compliance with the law.
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Art. 7. Ordinary supervision is performed by direct visual examination and with simple
measuring equipment, in compliance with provisions of the technical specifications and
of the specific technical regulations, on categories of works and constructions. Ordinary
supervision activities are performed by inside personnel of via contract with physical
persons of at least intermediate technical training in constructions.
Art. 8. Special supervision comprises regular, periodical specific investigations, on
certain parameters that characterize the construction or parts of it; parameters are
established in the design stage or after a technical examination. Special examination is
commenced upon owner request or at the request of other interested legal or physical
persons, as well as in the case of constructions still under exploitation, but with a
dangerous evolution, or constructions in a precarious situation safety-wise.
Art. 9. Special supervision is performed on an established period, based on a design or on
a specific procedure, by certified specialized technical personnel. Special supervision
does not imply any interruption of ordinary supervision.
Art. 10. In the event that, during special/ ordinary supervision activities, special
situations occur, exceeding the established limits or considered to possibly impact on safe
construction exploitation, the owner is obliged to request the technical examination.
Obligations and responsibilities concerning supervision of construction behaviour

during exploitation
Art. 11. Investors have the following obligations and responsibilities:
a. Together with the designer, the investors decide on constructions to be subjected
to special supervision; they ensure completion of the design and its delivery to the
owners and also notify the State Inspectorate in constructions, public works,
urban planning and territory development;
b. They notify the owners taking over the constructions about their obligations
during special supervision.
Art. 12. Owners have the following obligations and responsibilities:
a. They are in charge of activities concerning supervision of construction behaviour
during exploitation, in all its forms; if necessary, they provide the proper
personnel; they order construction expertise in cases indicated in article 10; they
order the special supervision project and announce commencement of the special
supervision to the State Inspectorate in constructions, public works, urban
planning and territory development;
b. They stipulate in contracts the responsibilities concerning supervision of
construction behaviour during exploitation, in case the constructions are sold or
leased.
Art. 13. Designers have the following obligations and responsibilities:
a. Together with investors and/or owners, they decide which constructions must be
subject to special supervision;
b. Based on a contract with owner, they elaborate technical documentation for
ordinary supervision as well as the special supervision project.
Art. 14. Executants are obliged to perform usual supervision for the executed
constructions, to install and protect special supervision devices in compliance with the
project, until construction reception, when constructions are taken over by the owners.
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Art. 15. Administrators and users are responsible with observance of contractual
obligations established together with the owner, concerning activities of supervision of
construction behaviour during exploitation.
Art. 16. Persons performing ordinary and special supervision, called construction
behaviour supervisors, have the following obligations and responsibilities:
a. To know all construction details and to keep the construction technical book up to
date, including the event diary.
b. To perform the ordinary supervision, and, in the case of special supervision, to
make sure that the respective programs and projects are applied.
c. To notify the owner/ administrator about situations that might require a technical
examination.
CHAPTER III- Periodical interventions on constructions
Art. 17. Periodical interventions on constructions have the following purposes:
- maintenance of the build fund at the necessary level required.
- Assurance of construction functions, including through extension or modification
of the initial functions, as a consequence of construction modernization.
Intervention works are:
a. Maintenance works, determined by normal wear and tear or degradation, in order
to preserve the construction technical state;
b. Reconstruction works, determined by significant degradation, aiming at
maintaining or improving the construction technical state;
c. Modernization works, including expansion, determined by changes in
construction requirements of functions, which can be performed by maintaining
or improving construction technical state.
Art. 18. Maintenance works consist of periodical repairs and restorations of the visible
parts of construction elements: finishing elements, wear and tear layers, protection layers
or covers for equipments and installations, including replacement of broken pieces.
Art. 19. Reconstruction and modernization works are based on the following principles:
a. Solutions are established only after thorough knowledge of the construction
technical state, including degradation causes, resulted from the technical
expertise.
b. Solutions will take into account the interdependence between the existent
construction part and the new works to be executed from both an overall and a
local point of view;
c. Application of the established solution requires permanent verification of the
physical state of construction details, in order to confirm the hypotheses taken
into account during design of intervention works.
d. The different/ particular work conditions require increased attention to quality
assurance of works.
Art. 20. Restoration works are performed via repairs or consolidation works, based on
the design, in compliance with the principles mentioned in art 19 and verified as per
current legal provisions. In various cases when construction are badly damaged,
preliminary support works that might be needed before the restoration works will also be
based on a design created by the expert or by the designer, after analysing the respective
situation.
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Art. 21. Modernization works are regularly performed by reconstruction; repairs or
consolidations may also occur, all based on a design completed and verified in
compliance with legal provisions.
Obligations and responsibilities concerning periodical interventions on

constructions
a. To ensure completion of maintenance works in order to prevent occurrence of
important deteriorations
b. To ensure completion of designs for restoration or modernization works and
technical verification of these designs.
c. To ensure completion of all legal forms for execution of works and to verify
quality of works during construction and at reception of works, directly or
through authorized site inspectors.
a. To elaborate, based on owner order, designs for intervention works on
constructions, in compliance with legal provisions;
b. To elaborate technical specifications and special instructions for intervention
works, appended to the designed created for this purpose, which are introduced
into the construction technical book.
Art. 24. Executants of intervention works for constructions are obliged to observe
provisions of the designs created for this purpose, taking all the measures to ensure
quality of works.
Art. 25. Construction users are obliged to ensure timely performance of the tasks they are
responsible with during activities of periodical intervention on constructions, based on
contracts signed with construction owners.
CHAPTER IV- Construction post-use

Art. 26. Activities of the construction post-use stage start once clearance works of the
respective construction are initiated, under the following circumstances:
a. Upon owner request
b. Upon administrator request, with owner approval
c. Upon request from the local public administration, in the following cases:
- construction had not authorization for construction
- construction does not exhibit safety in exploitation and cannot be rehabilitated
from this point of view
- the construction is dangerous to the environment and cannot be rehabilitated in
order to eliminate the respective dangers
- systematisation works for public use require that the construction be demolished.
Art. 27. For public property constructions, the decision to start post-use activities will be
taken based on a feasibility study, taking into account the cases indicated in art 26, which
must prove the necessity, opportunity and economical effectiveness of the respective
post-use activities. The respective study must be approved in compliance with the law.
Art. 28. Construction post-use activities and works are performed based on a technical
documentation and a clearance authorization, issued by the competent authorities, as
provisioned by the law.
15
Art. 29. Economic agents operating in constructions are responsible with elaboration of
the technical documentation required for clearance works, and with execution of these
works.
Art. 30. The required technical documentation for the construction post-use stage will
include:
- the construction location plan: position, sizes, orientation, and surroundings,
indicating the construction or parts of construction to be demolished.
- Plans or mappings, which explain the destination, components and functions of
the construction: plans of all the levels, sections, facades, interior installation
plans, drawn out at a reasonable scale;
- Plans of joining with exterior utilities- water, sewage, power, heating, gas, phone;
- Plans of assurance and reconstruction of exterior utilities for the surroundings-
utilities which had to be interrupted during construction demolition
- Technical quality conditions
- Detailing and defining the stages of the activities and works
- Technical procedures for execution of dismounting and demolition works,
comprising the detailed description of the adopted technical solutions, all the
necessary operations as well as work safety measures.
- Recommendations for public property constructions concerning reconditioning
methods for products and construction elements recovered after dismounting and
demolition;
- Recommendations for evacuation and transport of unusable and non-recyclable
waste in areas of re-integration into nature.
- Environmental protection measures in the construction clearance area and in
waste evacuation areas;
- Estimated price of demolition, recycling and use of the resulted materials.
Art. 31. Construction clearance includes the following stages:
- interruption of activities inside the construction
- interruption of utilities
- providing operational continuity of the technical and public utility installations for
the neighbouring constructions
- evacuation of construction mobile inventory: inventory items, furniture, and
equipment.
Art. 32. Dismounting and demolition of the construction include the following stages:
- clearing and dismounting the functional installation finishing and insulation
elements
- disassembling construction parts and elements
- demolition of non-dismountable construction parts- walls, resistance structures,
including construction foundation
- disassembling the dismounted construction elements and installations, recovery of
reusable components and products and sorting them on categories;
- transport of unusable and non-recyclable waste in areas where they are used as
raw material or for reintegration into nature.
Art. 33. Reconditioning, recycling and reuse of construction products and materials,
resulted from dismounting and demolition of public property constructions, include the
following stages:
16
- reconditioning of construction products recovered through dismounting, by
simple operations performed in workshops, so that the products can be reused
- recycling of materials resulted from demolition, in specialized production
sections, and their reuse in production of new construction materials;
- preparation for reuse of construction products and materials resulted from the
operations of recovery, reconditioning and recycling, through verification of their
quality and by managing their sale in construction warehouses.
Art. 34. Reintegration into nature of the unusable and non-recyclable waste includes the
following stages:
- use of raw material waste for fillings
- reconstruction of the natural landscape in areas of waste use, by appropriate
sloping and protection works, including reconstruction of the vegetal layer and
plantation.
Obligations and responsibilities and post-use of constructions
a. To provide the necessary funding for design and execution of works
b. To obtain the necessary approvals and the clearance authorization from the
competent authorities
c. To assign execution of works for the construction post-use stage to physical or
legal persons authorized in constructions.
d. To supervise observance of established quality conditions, and to make sure that
products and materials resulted from construction dismounting and demolition are
reconditioned and recycled to the highest degree possible.
a. To elaborate, based on a contract signed with the owners, the technical
documentation required for the demolition, recycling works and for use of the
resulted materials.
b. To adopt technical and technological solution for dismounting and demolition in
order to ensure observance of approval and clearance authorization provisions, of
the appropriate technical quality conditions as well as to ensure the highest degree
of reconditioning, recycling and recovery of materials and products resulted from
dismounting and demolition.
c. To provide the technical assistance required by owner for application of the
design solutions.
Art. 37. Executants have the following obligations and responsibilities:
a. To start demolition works exclusively based on the clearance authorization and on
the verified technical documentation
b. To observe provisions of the respective technical documentation and of the
clearance authorization
c. To observe the quality conditions indicated in the technical documentation
d. To train personnel on the technological process, concerning the sequence of
stages and operations, as well as work safety measures.
e. To take the necessary protection measures for the surroundings, avoiding
transmission of strong vibrations or shockwaves, large debris emissions as well as
ensuring the necessary access to the neighbouring constructions.
CHAPTER V- General provisions
17
Art. 38. The activity of supervision of construction behaviour during exploitation,
periodical intervention and post-use of constructions will be executed in compliance with
the current technical regulations. MLPAT will take measures to improve current
regulations concerning:
a. Framework- instructions for supervision of construction behaviour during
exploitations and periodical interventions on constructions
b. Technical instructions for supervision of behaviour during exploitation and
periodical interventions for various construction categories made of various
materials.
c. Technical guides concerning methods, procedures, specific devices and
equipment, recommended for activities of supervision of exploitation behaviour
and periodical intervention works on constructions.
d. Technical instructions concerning partial or total demolition of constructions.
Art. 39. The central public administration will make sure that the specialized units in the
field revise current technical instructions concerning supervision of construction
behaviour during exploitation and periodical interventions, for the construction categories
and construction works specific to their field of activity.
Art. 40. The State Inspectorate in constructions, public works, urban planning and
territory development supervises application and controls observance of the regulation
hereunder.
Art. 41. Activities indicated in the regulation hereunder are financed in compliance with
the law.
Art. 42. Infringement of the regulation hereunder results in contravention and/or criminal
APPENDIX NO 5- REGULATION concerning technical agreement for new products,

procedures and equipment in constructions.
Art. 1. The technical agreement represents the favourable technical appreciation, in the
form of a written document, concerning use in compliance with the construction quality
law, of new construction products, procedures and equipments, henceforth to be called
products, for which no national standards or other official regulations (normative,
standards in certain fields, approved generalized projects) have been elaborated yet. The
technical agreement is a component of the construction quality system, established by
law.
Art. 2. The regulation hereunder establishes the general normative framework, main
content, methodology and organizational elements concerning the technical agreement.
Art. 3. The technical agreement, elaborated in compliance with provisions of regulation
hereunder, is a mandatory condition for supply and use of new construction products.
Products from industrially developed countries, based on national technical regulations
and agreements will be treated accordingly during elaboration of the technical
agreements, by taking into account provisions of the respective documents and the
adaptations required by seismic, climatic conditions or any other specific conditions from
our country.
18
Art. 4. Technical agreements are issued by the proper authorities, established by the
regulation hereunder, upon request from manufacturers or their assigned suppliers, which
can be associated with economical agents performing construction works.
Technical agreements are issued only for products whose components, shape and
characteristics are precisely defined and whose production and placement can be
produced by manufacturers and executants, provided they guarantee that the respective
characteristics are maintained in time as long as the use and placement method comply
with the solicitor requirements and are included in the technical agreement.
Construction products represent the products incorporated into constructions (including
their afferent installations), but not products incorporated into installation and
technological production equipment.
Art. 5. The technical agreement shall not include mere descriptions or even technical
design documentation for certain products, if they do not comprise objective results and
proof of their physical production, testing and examination, in order to demonstrate
observance of the specified requirements.
Art. 6. Technical agreements do not imply any guarantee on the part of the state or the
issuing organizations; neither do they absolve suppliers or users of their responsibilities,
in compliance with applicable regulations.
Art. 7. The products for which technical agreements have been issued are also subjected
to the activity of conformity certification, in compliance with current regulations; the
certification system must be detailed in the technical agreement.
Art. 8. Technical agreements are granted for a limited period, usually of up to 5 years,
depending on the nature and novelty degree of the respective products, in compliance
with the established procedure rules.
Art. 9. Provisions of regulation hereunder are applied to all economical agents
manufacturing, supplying or selling new construction products from internal or external
production, as well as to investors, designers, executants, owners and users of
constructions where the respective products are needed. For the Romanian technical
agreements to be recognized in member countries of the European Union of Construction
Technical Agreement, they must be issued under the conditions specified by this
European organization.
CHAPTER II- Main elements of the technical agreement
Art. 11. The following main objectives must be taken into account during elaboration of
technical agreements:
a. Substantiating the technical agreement through
- analysis of the product reference documents: defining product features, establishing
methods and conditions of use necessary in order to meet requirements of the field;
- Estimation of product use competitiveness and product durability, based on scientific
and practical knowledge, calculations, laboratory and in-situ tests.
b. Technical agreement documents must provide an authorized opinion and reliable and
correct information concerning manufacturing, placement and use methods, as well as
foreseeable exploitation behaviour of the new products used in constructions, so that the
involved physical and legal persons can take decisions and assume responsibilities as
well as select and use the respective products in full knowledge of their specifications.
19
c. Evaluation of the manufacturers’ equipment, experience and organization of control on
the production lines, as premises for assurance of quality and characteristics required for
the delivered products.
d. Issuance of the technical agreement must be neuter and objective and must provide a
balanced appreciation, taking into account the interests of all involved parties.
e. Promotion of technical progress in constructions, on condition that all performance
requirements are observed for the constructions where products included in the technical
agreement will be used.
Art. 12. The technical agreement includes the following documents:
a. The technical agreement proper, made of three parts:
- brief definition of the product; description and identification;
- accepted fields of use; appreciations on the products; conditions for design,
manufacturing and placement; quality assurance conditions; conclusions, validity
period;
- remarks complementary to the specialized group
b. The technical file, which includes:
- product reference documentation, including drawn pieces, elaborated by the
applicant and verified.
- Documents concerning results of product analysis activities: test bulletins,
experiment reports;
- Documents concerning manufacturing unit evaluation, if necessary
- Excerpts from the meeting report referring to establishment of the specialized
group.
c. Appendixes, if necessary
Art. 13. Technical agreement elaboration shall take into account the way in which
product manufacturing and placement influence/ condition the quality of the works:
a. If a product is manufactured in several production units of the same company,
then a single technical agreement will be issued to the respective company, as a
titular; the extension degree of the evaluation indicated in art 11 c) is established
by the specialized group.
b. If placement of the product or conditions concerning a certain work impact on the
overall quality of works and therefore must become the object of a technical
agreement, the titular parties will be both the manufacturer or its assigned
supplier, and the performer of works, indicating the work the product will be used
for; extension of the technical agreement for another executioner or for another
work may be necessary.
c. If the product is placed by traditional means, which are not the object of the
technical agreement, then the executing party is not involved in the technical
agreement and the titular has the liberty to impose conditions to the executioner.
CHAPTER III- Methodological and organizational elements concerning the

technical agreement in constructions
Art. 14. Activities concerning technical agreement in construction are managed by the
Commission for Construction Technical Agreement, founded on the basis of regulation
hereunder provisions. Technical agreement activities are carried out within specialized
groups of these commissions and within technical agreement certified organizations.
20
Art. 15. Activity concerning construction technical agreement is carried out in
compliance with regulation hereunder provisions and with specific internal documents
about:
a. Organization and operation of the Commission for Construction Technical
Agreement and of t specialized groups;
b. Management of technical agreement applications and procedures for elaboration
and issuance of technical agreements or for changes in the respective agreements.
c. Certification of technical agreement organization and specialized groups.
Art. 16. The Commission for Construction Technical Agreement comprises
representatives of all the interested parties; commission components, number and method
of representation are indicated in the appendix to the regulation hereunder.
Art. 17. Specialized groups, founded by decision of the Commission for Construction
Technical Agreement, as subsidiaries of the Commission, are organized on specialized
fields, corresponding to families of products. Specialized groups are made up of
specialists of the respective field. These groups operate by the technical agreement
organizations, which are units for research- design or other units with a similar profile,
certified by the Commission for Construction Technical Agreement, for the fields
corresponding to the profile of the respective specialized groups.
Art. 18. Specialized groups perform activities related to elaboration of technical
agreements in compliance with provisions indicated in art 11, as well as supervision of
quality maintenance for the respective products and product exploitation behaviour.
Art. 19. Technical agreement are elaborated based on procedures and technical
agreement guides, endorsed by the specialized groups, on separate fields, and then
approved by the Commission for Construction Technical Agreement. Technical
agreement guides and other normative documents in the field, created within the EU, can
be used only if they are adapted to Romanian conditions, especially in the respect of anti-
seismic protection and climatic conditions.
Art. 20. The necessary tests for elaboration of technical agreements are established by
the specialized groups managing technical agreement applications and are performed in
authorized or accredited labs in compliance with current legal provisions.
In some justified cases, assessment of usability is only possible after performing an
experimental work, under conditions established by the specialized group and indicated
in the technical experimentation approval issued by the respective specialized group.
Art. 21. The specialized group can organize inspections to the manufacturer with their
consent, in order to assess manufacturing conditions for the products mentioned in the
technical agreement application.
Art. 22. After issuance of the technical agreements, the following changes may occur in
their statute during the validity period:
a. Extension of validity period, to be asked for by the titular at least 3 months before
validity expiration
b. Technical agreement revision, at the initiative of the titular, as a consequence of
changes in the product, manufacturing technology, field of use or in the
specialized group that elaborated the agreement, because inconsistencies are
discovered.
21
c. Technical agreement extension, that is nomination of one other titular or field,
with approval from the first titular, for a product for which a technical agreement
has been issued.
d. Suspension of the technical agreement, at the initiative of the specialized group or
at the proposal of other involved parties, endorsed by the specialized commission
and approved by the Commission for Construction Technical Agreement, in case
characteristics, manufacturing and use conditions, and product behaviour do not
observe requirements. The suspension is communicated to the titular in writing; in
a reasonable time interval and after elimination of all suspension causes, the
titular can submit a re-examination request to the Commission for Construction
Technical Agreement, which may lead to revision of the respective technical
agreement.
e. Withdrawal of the technical agreement, at the initiative of the specialized group,
in case when even after revision or re-examination subsequent to suspension, the
group discovers situations leading to this decision.
Works that use products whose technical agreement has been suspended or withdrawn
after placement will be analysed by the designer, who will decide on keeping them or on
changing the solution.
Art. 23. The titular of the technical agreement and the specialized group that elaborated it
will follow the product’s exploitation behaviour in order to justify the proposal to adopt
the product as traditional, or in order to extend or change the technical agreement status.

Art. 24. The Commission for Construction Technical Agreement has the following
attributions and obligations:
a. Foundation of specialized groups and certification of technical agreement
organizations;
b. Establishment of the general strategy concerning construction technical
agreement;
c. Elaboration and approval of specific internal documents indicated in art 15, and
publishing documents concerning management of technical agreement
applications;
d. Approval of technical agreement guides, after their endorsement by the
specialized groups, for separate fields;
e. Collaboration with the Romanian Standardization Institute, concerning standards
for assessed products during the technical agreement validity period;
f. Periodical evaluation of activities in relation to the established strategy and with
development on a European scale, and the proper necessary measures;
g. Assurance of professional confidentiality over information related to technical
agreements;
h. Publication of the list with specialized group, technical agreement organizations,
technical agreements, as well as documents indicated at b) and d);
i. National representation in relationships with foreign organisations in the field;
Art. 25. Expenses of the Commission for Construction Technical Agreement are
supported by the state control funds, in compliance with art 40 of Law 10/1995.
22
Art. 26. Manufacturers and their assigned suppliers of products covered by the regulation
hereunder have the following obligations and responsibilities:
a. to request from Commission for Construction Technical Agreement elaboration of
technical agreements for new products, in compliance with regulation hereunder;
b. to provide all necessary product data and information to the specialized groups and the
technical agreement organizations;
c. to facilitate and provide to the specialized groups and technical agreement
organizations, all the necessary conditions for carrying out the necessary activities, such
as:
- examination and evaluation or production units- equipment, knowledge of the
manufacturing processes, product quality assurance;
- verifications, tests and, if necessary, experimental works, as per article 20
- supervision of exploitation behaviour during the validity period
d. Product manufacturers and suppliers, together with executants, are responsible for any
hidden vices caused by improper quality of the provided products, placed in the works in
compliance with the conditions established by the respective manufacturers and suppliers
e. To support expenses generated by elaboration of technical agreements, in compliance
with legal provisions.
Art. 27. Investors, designers, construction work performers, owners and users can use or
include products covered by this regulation into designs only if these products have valid
technical agreements, and only in compliance with these agreements.
Art. 28. Certified technical agreement organizations have the following obligations and
responsibilities:
a. Permanently observe organizational technical and deontological criteria based on
which they were certified, in compliance with the applicable documents and procedures.
b. Ensure operation of specialized groups and carry out activities related to elaboration of
technical agreements; carry out supervision of product exploitation behaviour, based on
contracts signed with their solicitors.
Art. 29. Specialized groups have the following obligations and responsibilities:
a. Permanently observe organizational technical and deontological criteria envisaged
when the groups were founded;
b. Ensure collaboration of specialists or specialized units for competent solving of
technical agreement activities;
c. Participate in evaluation activities concerning product for which they elaborated
technical agreements.
CHAPTER IV- Final provisions

Art. 30. Through the State Inspectorate in constructions, public works, urban planning
and territory development, MLPAT supervises application and controls observance of
regulation hereunder provisions by the manufacturers and suppliers indicated in art 26.
Art. 32. The technical agreement does not grant the titular exclusive production or sales
rights of the product the agreement was issued for.
Art. 33. Number and date of a technical agreement must mentioned in commercial
correspondence, advertising announcements or contracts.
23
APPENDIX to the regulation
The Commission of Technical Agreement in Constructions comprises the following:
- president
- vice-president
- secretary
- members:
 2 MLPAT representatives
 2 representatives from the Ministry of Industry and Commerce
 2 representatives of the Ministry of Transports
 1 representative from the Ministry of Waters, Forestry and Environmental
Protection
 1 representative from the Ministry of Research and Technology
 1 representative from the Romanian Standardization Institute
 1 representative of the Consumer Protection Office
 1 representative from the General Inspectorate of the Military Fire
Prevention Organization
 1 representative of the Hygiene Institute
 1 representative of the Bucharest Technical University of Constructions
 7 representatives of the certified technical agreement organizations
 2 representatives of construction management and professional
associations
 6 representatives of construction material manufacturers, executants and
construction designers.
The president, vice-president, secretary and members of the commission are appointed by
decision of the minister of public works and territorial management, based on suggestions
received from ministries, and from the other represented organizations.
The secretarial office of the Commission of Technical Agreement in Constructions is
provided by MLPAT.
24
APPENDIX NO 6- REGULATION concerning authorization and accreditation of
laboratories for construction tests and analyses
CHAPTER I-General provisions

Art 1. Authorization and accreditation of laboratory construction trials represents a
component of the construction quality system, by which technical competence of these
laboratories is officially recognized, entitling them to issue valid and recognized
documents, according to their established domains and competences.
Art. 2. The regulation hereunder establishes the general normative framework for
authorization and accreditation of construction trial laboratories. As per the regulation
hereunder, tests also include analyses or other specific laboratory activities, which
constitute the explicitly defined domain in case of authorization and accreditation.
Art. 3. The authorized construction test laboratories have the competence to perform tests
for quality control and certification, in the authorized field, as follows:
a. I –degree laboratories can provide both interior control and exterior control by the
second or third party, as well as activities needed for technical examination of
constructions, supervision of exploitation behaviour’
b. Degree II laboratories can ensure interior control, exterior control by a second party,
and in certain conditions, thoroughly detailed in the authorization, it can also provide
exterior control by a third party;
c. Degree III laboratories can only provide interior control.
Art. 4. Accredited construction trial laboratories have the following competences for the
respective fields of accreditation:
a. Performing trials, with the purpose of regulation (e.g. technical agreements, conformity
certification)
b. Performing second or third-party activities for control and certification in
constructions, for technical examinations
Accreditation of laboratories for tests in constructions ensures their recognition by
national organizations from other countries, according to the established mutual
relationships.
Art. 5. Documents issued by the construction test laboratories are only valid if:
a. The issuing laboratories have a valid authorization or accreditation;
b. The documents are issued for the domains indicated in the authorization/ accreditation.
Reference to these documents is made according to the established competences.
CHAPTER II- Main content elements concerning authorization and accreditation of

construction test laboratories.
25
Art. 7. Authorization of construction test laboratories, in compliance with the regulation
hereunder, has the following main objectives:
1. Foundation of the national authorization system for construction test laboratories, by
which:
- unified criteria and evaluation procedures are adopted
- legal competences are established
- laboratory activity and results are periodically assessed.
2. Assurance of the necessary technical competences, on all levels, for control and quality
certification during construction execution, supervision of behaviour in time, expertise as
well as in other cases
Art. 8. Accreditation of trial laboratories represents the official recognition of their
ability and qualification for performing certain tests or types of tests, through an
accreditation system with its own procedure and management rules for accreditation.
Accreditation is based on accreditation criteria, which must be at least those criteria
presented in Standard SR EN 45001.
Art. 9. Authorization and accreditation take into account the following main elements
concerning construction test laboratories:
a. organization and legal status;
b. neutrality, independence, integrity; …………………………………………………
(untranslatable)
CHAPTER III- Organization of activities of authorization and accreditation of

construction test laboratories
Authorization of construction test laboratories
Art. 10. Authorization of construction test laboratories is made upon laboratory request
by MLPAT, through the State Inspectorate in constructions, public works, urban planning
and territory development, which will organize the following commissions for this
purpose:
- the Central Authorization Commission, which authorizes degree I laboratories;
- County Authorization Commissions, authorizing degree II/ III laboratories.
Art. 11. The component of the central commission and county authorization
commissions for construction test laboratories is stipulated into the document concerning
organization and activity methods of authorization commissions.
Art. 12. Authorization commission members are appointed on 4 year-terms, as follows:
- by MLPAT order, for the central authorization commission
- by orders of the State Inspectorate in constructions, public works, urban planning
and territory development, for county authorization commissions.
Art. 13. Organization and operation of the national authorization system for construction
test laboratories is based on the following:
a. Documents concerning organization an activities of the authorization commissions
b. Documents concerning authorization criteria, authorization procedures, as well as
document on authorization supervision and status: issuance, maintaining the
authorization, suspension, annulment, including control of documents and records
concerning these activities;
c. Documents concerning auditor certification and work methods, for assessment of
construction test laboratories to be authorized.
26
Art. 14. Authorization of construction test laboratories comprises the following main
activities:
a. Authorization request, submitted by the test laboratory to the commission, according to
the requested degree; request shall clearly indicate and define the field;
b. The commission analyses information concerning the requesting laboratory, provided
by the latter by filling in an information and self-assessment form.
c. Assessment at the respective location, by certified auditors, appointed by the
commission and agreed upon with the laboratory.
d. Analysis of the request assessment documentation, information and self-assessment
form, information gathered during evaluation, report on assessment results and
establishment of conclusions concerning observance of authorization criteria by the
requesting laboratory.
e. Formulation and issuance of authorization or rejection decision
f. Supervision of authorized laboratories through re-evaluation at specified time intervals
and maintaining and modification (if necessary) of authorization status, suspension, and
annulment.
Art. 15. Authorization of construction test laboratories may be limited in time and can be
granted on certain conditions.
Art. 16. Applying laboratories are entitled to be audited before a decision of rejection of
modification of authorization status. Possible litigation are irrevocably solved by the
Central Authorization Commission
Art. 17. Documents concerning organization and operation of the national authorization
system for construction test laboratories, indicated in art. 13, are elaborated by the State
Inspectorate in constructions, public works, urban planning and territory development,
and approved by MLPAT order.
Accreditation of construction test laboratories

Art. 18. Accreditation of construction test laboratories is performed upon request by
recognized accreditation organizations, in compliance with their assessment and
accreditation method and procedures, based on standards SR EN 45001; SR EN 45002;
SR EN ISO Series 9000 and on the other applicable regulations.
Art. 19. Accredited construction test results will submit a copy of the accreditation
document to the Central authorization commission, announcing all subsequent
modifications in the accreditation status.

territory development has the following attributions and responsibilities:
a. To organize the national authorization system for construction test laboratories, by:
- founding the authorization commissions, in compliance to article 10.
- Elaboration and approval of the system organization and operation documents,
indicated in art 13.
b. Ensure proper system operation and perform periodical system assessment;
c. Keep track of (through the Central authorization commission) and periodically publish:
- the list of recognized auditors;
- the list of authorized and accredited laboratories, including changes in their status
27
- information concerning authorization criteria, procedures, taxes, tariffs and other
information concerning authorization activities
d. Provide connections between accreditation organizations with other institutions and
organizations in the field: the Romanian Standardization Institute, professional
associations.
Art. 21. The central commission and county commissions for authorization of
construction test laboratories have the following obligations and responsibilities:
a. Observe provisions of organization an operation documents, as well as the other
applicable regulations;
b. To ensure, through their own personnel and collaborating certified auditors, the
following:
- impartiality of decisions and observance of deontological criteria
- confidentiality of data submitted by construction test results and confidentiality of
the commission’s own assessments
c. provide documentation for authorization criteria and procedures to the requesting
laboratories, in exchange for a certain cost.
d. Ensure ongoing communication concerning authorization decisions with test
laboratories both during the assessment period and during the supervision period
d. To take part in the evaluation of the authorization system for construction test
laboratories.
Art. 22. Construction test laboratories have the following obligations and responsibilities,
before authorization or accreditation:
a. Gathering information concerning criteria established via authorization/ accreditation
and make sure these criteria are observed;
b. Follow all the necessary steps for authorization or accreditation;
c. Provide all data and info required for authorization or accreditation;
d. Facilitate and provide the necessary conditions for assessment at the respective
location, by appointed accepted auditors, in compliance with the known procedures;
e. To duly pay the taxes for request submittal, evaluation, and for other services in
relation to authorization or accreditation.
f. Whenever necessary, to implement the quality assurance system and apply its
provisions.
Art. 23. Construction test laboratories have the following obligations and responsibilities,
after authorization or accreditation:
a. To permanently comply with authorization/accreditation conditions;
b. To provide the appropriate conditions for supervision activities;
c. To declare that they are authorized only the test services specified in the authorization/
accreditation;
d. Not to use the authorization/ accreditation in a manner that compromises the reputation
of the authorizing/ accrediting organizations.
e. Not to use the authorization/accreditation after its expiration or suspension, and to
notify clients of authorization/accreditation expiration or suspension
f. To establish together with the clients limits of use for the issued documents, taking into
account the following:
- these documents do not represent or imply by themselves an approval of the
product by the authorizing/ accrediting or any other organization;
28
- these documents shall not be used, entirely or partially, to promotional or
advertising ends, and they shall not be reproduced partially without the consent of
the laboratories or that of the authorizing/ accrediting organizations.
Art. 24. Legal and physical persons involved in construction activities (investors,
owners, users, designer, experts, suppliers, executants) as well as inspection and control
institutions have the obligation to exclusively take into account documents issued by
authorized/ accredited laboratories.
CHAPTER V- Final provisions
territory development controls observance of regulation hereunder provisions.
Art. 27. Authorization and accreditation expenses are supported by the requesting
laboratories for construction tests.
APPENDIX NO 7- REGULATION concerning compliance certification of

construction products.
CHAPTER I- General Provisions

Art. 1. Construction product quality certification represents a component of the quality
system in this field, which proves that the respective products have controlled quality
characteristics, compliant with reference documentation, and which enables assessment
of competitiveness of use and guarantees, with acceptable probability, that use of the
respective products can observe requirements for the respective constructions.
Art. 2. Quality compliance certification is a mandatory condition for supply and use of
construction products, for the following categories of constructions and works:
- constructions of exceptional or outstanding importance, defined as per the
Regulation concerning establishment of construction importance categories;
- public works financed from the state or local administration budgets or via state-
guaranteed loans;
- works where use of the respective products is mandatory in order to observe the
essential requirements, irrespective of their importance categories, origin or
investment funds or the nature of property rights over the respective
constructions.
In the cases mentioned in paragraph 1, products must not be use if they do not have a
quality compliance certificate.
Art. 3. The regulation hereunder establishes the general normative framework, the main
content, methodology and organization elements of quality compliance certification for
Art. 4. Provisions of regulation hereunder are applied to all economic agents that
manufacture or provide construction products, construction materials and elements,
installations and equipment from internal or external production, as well as to investors,
designers, executants, owners and users of the constructions where the respective product
are to be used.
Provisions of regulation hereunder refer to all products identified through documents-
both traditional products, which are already the object of various standards and technical
29
specifications, as well as new products, used on basis of technical agreements, needed for
works on new constructions; regulation hereunder also applies during the exploitation
period of existing constructions that belong to categories indicated in art 2, for
intervention works, repairs, consolidation, modernization.
CHAPTER II- Main content element of quality compliance certification for

construction products
Art. 6. Product quality compliance certification for constructions is applied mainly via
two certification systems:
a. Quality compliance certification of the products, by an accredited certification
organization;
b. Statement of product quality compliance, given by the supplier either based on control/
tests performed by an accredited certification organization/ test laboratories, or by
suppliers own responsibility
Methodology norms approved by MLPAT specify detailed explanations concerning
selection and application of the systems, control methods for different product categories.
These methodology norms observe provisions of the regulation hereunder as well as
those of standards SR EN 45011 and SR EN 45014; the norms also take into account the
following:
- importance of product role in meeting essential requirements, especially those
related to safety, resistance, durability, fire and exploitation safety, human health
and environmental protection;
- nature of the products;
- the impact that changes in product characteristic can have on product capacity to
fulfil the functions they are used for.
- Probability of malfunction occurrence during product manufacturing
Art. 7. Quality compliance certification for construction products comprises the
following main elements:
a. Identification and analysis of product subjected to certification: complete
definition of product structure, composition, shape, components and all quality
characteristics, expressed, whenever possible, in terms of performance, in relation
to provisions of reference documentation- standards, generalized projects,
technical agreements or technical specifications invoked by the manufacturer.
b. Examination and assessment of the manufacturing or supplying economic agent,
its equipment and experience, as premises for the guarantee of quality an
conservation of characteristics required for the delivered products, as well as
assessment of the economic agent’s own quality management and assurance
system.
c. Performance of all activities required by the compliance control methods within
the established certification system- inspections, test, supervision;
d. Confirmation of methods, conditions and field of use, indicated in the reference
documentation of the certified products, so product compatibility for construction
use is properly appreciated.
30
e. Elaboration of certification documents in accordance with the adopted
certification system.
Art. 8. Quality compliance certification systems for construction products, applied by
accredited certification organizations based on the regulation hereunder, entitle the
product manufacturer or supplier to apply a compliance brand on the product. The quality
compliance brand, applied by the manufacturer or supplier, certifies that the respective
products comply with technical specifications in the reference documents, and that they
can be properly used in constructions, given that the product features enable the
respective works to meet legal requirements.
The right of use of the compliance brand is only granted by an accredited certification
organization, under conditions established by a set of rules for use of the respective
compliance brand.
Art. 9. Methodology norms shall specify simple methods and certification systems for
product categories whose impact on observance of essential construction requirements is
low, and which are used in constructions or normal/low importance (defined as per the
Regulation concerning establishment of construction importance category).
CHAPTER III- Organization of quality compliance certification activity for
Art. 10. The quality compliance certification activity for construction products comprises
the following activities, entirely or partly, depending on the systems and method applied
to the respective products:
a. preliminary activities concerning request of certification and providing all
necessary documents, data and info regarding the manufacturing economic agents
and the respective products; establishment of the adequate certification system
and control methods, depending on product nature and purpose; establishment of
the schedule of the certification activity and of completion of the afferent
contracts;
b. The certification process is carried out in stages, in compliance with the adopted
certification system; product assessment based on initial tests; audit of
documentation produced by the manufacturer and audit at the respective location,
for control of manufacturing processes; issuance of the certification;
verification/supervision audits.
Art. 11. All these actions and activities are performed in compliance with provisions of
methodological norms and based on specific technical procedures of the certification
organization.
Art. 12. The results of quality compliance certification activities for construction
products are recorder into the documents corresponding to the adopted certification
systems: compliance certificates or compliance statements.
Art. 13. Certification organizations that carry out quality compliance certification for
construction products must meet general criteria specified in standard SR EN 45011 and
must be accredited in compliance with general accreditation regulations for certification
organizations.
Art. 14. Certification organization may perform, based on contract, all other activities
related to certification proper, such as tests, audits, the necessary inspections, or they may
request that some of these activities be performed on their behalf via sub-contracts, by
31
other accredited ogranizations, in compliance with provisions of standard SR EN 45011
and with provisions of the method norms.
CHAPTER IV
Obligations and responsibilities
Art. 15. MLPAT shall have the following responsibilities and obligations:
a. to draw up, approve and publish the methodology of compliance certification systems for
construction products, as per the provisions under art. 6 of these regulations, as well as
the explanatory technical guide to be used by all interested parties: manufacturers,
suppliers, investors, designers, owners, and users;
b. to publish and periodically update the list of accredited organizations for quality
compliance of constructions products, and of those whose authorizations have been
withdrawn;
c. to periodically analyze, through the State Inspectorate for constructions, public works,
urban planning and territory development, the situation of products used based on the
declaration of conformity, in terms of their quality.
Art. 16. The suppliers of products used in constructions: materials, construction items
and equipment and plants shall have the following obligations and responsibilities:
a. to request that the accredited certification organizations should carry out the compliance
certification for the products used in constructions, manufactured or delivered, that fall
into the scope of these regulations, on a contract basis;
b. to provide the accredited certification organizations with all necessary data and
information regarding the manufacturing units and the products for which they have
requested a compliance certification: identification data, description, specifications, scope
and conditions of use, data on the completed inspections and tests;
c. to facilitate and to ensure for the accredited certification organizations the conditions
necessary to carry out all the activities related to quality compliance certification for the
products used in constructions, that is:
 examination and assessment of the manufacturing unit, in terms of

equipments, experience and command of manufacturing processes, controls and tests on
product quality, as well as in terms of whether they have their own system in place for
quality assurance and management;
32
 identification of products subject to conformity certification, as in
terms of performance characteristics;
 conducting the control, verification, in-time testing and monitoring
of manufacturing processes and of quality of products subject to compliance certification;
d. to complete all the control and testing procedures for the products subject to
compliance certification, they are responsible for according to the adopted quality
certification systems;
e. to issue the declaration of compliance for the products delivered, according to the
scope of use and requirements provided under these regulations, ensuring the
technical capability and professional probity of the own personnel involved in
compliance certification procedures using the own declaration system;
f. to evaluate, periodically or upon the request of interested parties, and to maintain

the quality assurance procedure for products with conformity declarations;
g. to share responsibility with the constructors, pursuant to the law, for any hidden
flaws in the works, caused by the non-compliant quality of products used in
constructions, supplied and used in the work, subject to the observance of
indications and special guidelines established by the manufacturers or suppliers.
Art. 17. The investors, designers, constructors, owners or users, as the case may be, shall
have the following obligations and responsibilities:
a. to request and to use in the design and execution of construction works specified under
art. 2 of these regulations only products for which there is a compliance certification as
per the provisions hereunder;
b to provide, in the contracts concluded with the manufacturers or suppliers of construction

products or with other economic agents concerned, clauses regarding the obligation to
request the quality compliance certification for products, as per the provisions hereunder
and as per the special requirements imposed by the applicable regulations or by the
contracting technical specifications related to the respective construction.
Art. 18. The accredited independent certification organizations involved in quality

compliance certification for construction products, shall have the following obligations
and responsibilities:
a. to fulfill the minimum requirements specified under art. 13 and 14 and to carry
out their activity as per the provisions hereunder and the corresponding
methodology;
b. to treat any information on the technologies and trade secrets of the economic
agents subject to certification as confidential;
c. to publish:
33
i. the list of manufacturers and suppliers and of the products used in
constructions for whom they have issues conformity certificates or whose compliance
certificates they have suspended or annulled, on a semi-annual basis;
ii. reference documents on the products whose provisions fail to ensure
the compliance with the quality requirements in constructions.
CHAPTER V
Final provisions
Art. 19. The Ministry of Public Works and Territory Development shall ensure, through
the Council for quality in constructions:
a. issuance of methodology regarding the quality compliance certification for the

products used in constructions, that agree with the European evolution;
b. settlement of technical or principle litigations in connection to compliance

certification for the quality of products used in constructions;
c. periodical evaluation of this component of the quality system for constructions;
d. annual evaluation of the units designated to complete compliance certification for

the quality of products used in constructions, until the authorization of such units.
Art. 20. The Ministry of Public Works and Territory Development shall check the
observance of the provision hereunder by the involved, through the State Inspectorate in
constructions, public works, urban planning and territory development.
Art. 21. Failure to observe the provisions of these regulations shall entail contravention
or criminal liability and sanctions, as the case may be, as per the applicable laws.
Art. 22. Compliance certification activities for the products used in constructions shall be
financed from the production funds of the interested manufacturing and/or supplying
units.
Art. 23. Until the registration, organization and authorization of independent

organizations to complete the compliance certification for the quality of products used in
constructions, based on the provisions hereunder, the following units are hereby
temporarily invested to exercise the attributions related to such activity, according to the
profile:
a. National Institute for Research and Development in Constructions and the

economy of Constructions INCERC-Bucharest and its branches in Cluj-Napoca,
Iasi and Timisoara;
b. Central Laboratory of Bucharest S.A.;
34
c Institute for the Research and Design of Construction Materials PROCEMA S.A.;
d. National Institute for Cements CEPROCIM S.A.;
e. National Institute for Timber I.N.L. S.A.;
f. Design Institute for Automation I.P.A. S.A.;
g. Institute for Electronic Design and Research I.C.P.E. S.A.;
h. Institute for Transport Research - INCERTRANS S.A.;
i. Romanian Railway Register REFER R.A.
In order to exercise the attributions related to compliance certification for the quality of
products used in constructions, the units specified under paragraph 1 shall be subject to
an annual evaluation so as to maintain their authorization, in terms of technical and
financial capability, of professional competence and impartiality in the compliance
certification for the quality of products used in constructions. Such evaluation shall be
made based on the criteria specified under the SR EN 45011 standard and in accordance
with the procedure provided in the above-mentioned methodology, by a organization
designated by the Council for the quality in constructions.
Art. 24. The tests required in the compliance certification for the quality of products used
in constructions may be carried out, by the organization of an accredited network of
laboratories, also by independent laboratories, authorized as per the Regulations for the
accreditation and authorization of testing laboratories in constructions, whose profile is
able to provide both the tests required for certification and the necessary legal
competencies.
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Decision 766 Concerning Approval of Regulations Concerning Construction Quality

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Decision 766 Concerning Approval of Regulations Concerning Construction Quality

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GOVT DECISION 766/1997

DECISION for approval of regulations concerning quality in constructions

Based on art. 38 of law 10/1995 concerning quality in constructions,

Art. 1. Approval of regulations concerning:

CHAPTER I- general provisions

CHAPTER II- Main content elements of metrological activity in constructions

CHAPTER III- Methodological and organizational elements of metrological

CHAPTER IV- Obligations and responsibilities

REGULATION concerning management and assurance of construction quality

CHAPTER II- Content and methodological elements of construction quality

Methodological elements concerning application and development of the quality

Art 21. Assignment of construction importance categories, and selection of an

Documents and records

CHAPTER IV – Final provisions

CHAPTER II- Importance categories

APPENDIX NO 4- REGULATION concerning supervision during construction

CHAPTER II- Supervision of construction behaviour during exploitation

Obligations and responsibilities concerning supervision of construction behaviour

Obligations and responsibilities concerning periodical interventions on

CHAPTER IV- Construction post-use

APPENDIX NO 5- REGULATION concerning technical agreement for new products,

CHAPTER III- Methodological and organizational elements concerning the

CHAPTER IV- Obligations and responsibilities

CHAPTER IV- Final provisions

CHAPTER I-General provisions

CHAPTER II- Main content elements concerning authorization and accreditation of

CHAPTER III- Organization of activities of authorization and accreditation of

Accreditation of construction test laboratories

CHAPTER IV- Obligations and responsibilities

APPENDIX NO 7- REGULATION concerning compliance certification of

CHAPTER I- General Provisions

CHAPTER II- Main content element of quality compliance certification for

 examination and assessment of the manufacturing unit, in terms of

f. to evaluate, periodically or upon the request of interested parties, and to maintain

b to provide, in the contracts concluded with the manufacturers or suppliers of construction

Art. 18. The accredited independent certification organizations involved in quality

a. issuance of methodology regarding the quality compliance certification for the

b. settlement of technical or principle litigations in connection to compliance

c. periodical evaluation of this component of the quality system for constructions;

d. annual evaluation of the units designated to complete compliance certification for

Art. 23. Until the registration, organization and authorization of independent

a. National Institute for Research and Development in Constructions and the

b. Central Laboratory of Bucharest S.A.;

d. National Institute for Cements CEPROCIM S.A.;

e. National Institute for Timber I.N.L. S.A.;

f. Design Institute for Automation I.P.A. S.A.;

g. Institute for Electronic Design and Research I.C.P.E. S.A.;

h. Institute for Transport Research - INCERTRANS S.A.;

i. Romanian Railway Register REFER R.A.

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