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Rules of Guangzhou Municipality on the Management of the Development and Application of New Wall Materials

2024-04-08 16:42
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  (Issued on August 23, 2005 in accordance with Decree No. 4 of the People’s Government of Guangzhou Municipality, amended for the first time on September 30, 2015 in accordance with Decree No. 132 of the People’s Government of Guangzhou Municipality, amended for the second time on February 13, 2018 in accordance with Decree No. 158 of the People’s Government of Guangzhou Municipality and amended for the third time on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)

  Article 1     These Rules are formulated in accordance with the Circular Economy Promotion Law of the People’s Republic of China, the Law of the People’s Republic of China on Energy Conservation and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to protecting land resources and ecological environment, saving energy, promoting technological advancement of the construction industry and the construction materials industry and promoting and regulating the production and use of new wall materials.

  Article 2     The term “new wall materials” herein refer to wall materials that are produced in accordance with national and local technological standards and industrial policies and made mainly from non-clay materials and are thus energy-saving, recycling-based, clay-saving, light-weighted and high-strength.

  Article 3     These Rules shall apply to the production, sales and use of wall materials and related administrative activities within the administrative area of this Municipality.

  Article 4     The municipal construction authority shall be responsible for the management of development and application of new wall materials in this Municipality. The municipal management office of building energy conservation and wall materials innovation (hereinafter “municipal energy conservation and wall material innovation office”) shall be responsible for organizing and implementing the development and application of new wall materials, guiding the industry association to establish a credit evaluation system for wall material enterprises and promoting the establishment of a mature mechanism for credit incentives and punitive actions against bad faith, so as to create a fair and honest market environment

  Each district construction authority shall be responsible for the development and application of new wall materials in its administrative area ex officio.

  The authorities in charge of development and reform, industry and information technology, land resources, ecological environment, market regulation, finance and urban management and comprehensive law enforcement at various levels shall coordinate the implementation of these Rules ex officio.

  Article 5     The production, sale and use of sintered solid clay bricks, sintered hollow clay bricks, sintered porous clay bricks (hereinafter “Clay Bricks”) and other wall materials explicitly banned by the State shall be prohibited. The existing clay brick enterprises and production lines shall stop the production of clay bricks.

  Article 6     The production and development of new  wall materials shall adhere to the principle of saving land resources, saving energy and recycling waste, meet the requirements of construction structure, function and energy conservation, and actively adopting advanced domestic and international technical standards to improve quality, production scale and technical level of new wall materials. It is encouraged to vigorously develop new wall materials, improve the green development, circular development and low-carbon development level of the wall material industry, and promote the transformation and upgrading of the wall material industry.

  The municipal construction authority, in conjunction with the municipal industry and information technology authority, shall issue a catalogue of recommended, restricted and prohibited wall materials for production and use in accordance with national industrial policies and local conditions, and gradually establish and improve a technical standard system for the production and application of wall materials.

  Article 7     Wall material production enterprises shall not use solid wastes that endanger human health to produce new wall materials. The new wall materials produced shall comply with national and local industrial policies and relevant regulations on wall material innovation, conform to product quality standards, and pass the inspection; those that have not been inspected or that have failed to pass the inspection shall not be released.

  Article 8     For the sale or use of wall materials in the name of new  wall materials, a confirmation of new wall materials shall be obtained. If a confirmation on new wall materials is required, the manufacturer shall apply to the municipal energy conservation and wall material innovation office and provide such documents as test reports, product quality standards and business licenses. The municipal energy conservation and wall material innovation office shall, within 15 working days from the date of acceptance of the application, complete the product confirmation.

  Article 9     Enterprises that produce new  wall materials that comply with the national industrial policies and whose products meet the conditions for preferential treatment in tax reduction and exemption may go through the tax reduction and exemption procedures with the competent tax authority by presenting relevant documents.

  Article 10   The project owner shall not suggest in any reason the design entity or construction builder selecting or using clay bricks or other wall materials that have been prohibited by the relevant regulations of the State, Guangdong Province and this Municipality.

  Article 11    When selecting new wall materials, the design entity shall design in accordance with the requirements of the corresponding standards and technical specifications, and indicate on the drawings the varieties, specifications, performance indicators and construction-related technical requirements of the new  wall materials used.

  Article 12   The construction builder shall uses new wall materials complying with the requirements of the construction drawings, and carry out construction in accordance with the design drawings and the requirements of relevant wall construction standards as well as the relevant rules and regulations released by the Guangdong Province and this Municipality.

  Before the use of each batch of new wall materials, the construction builder shall conduct inspection, and shall not use products that have not been inspected or that have failed to pass the inspection.

  Article 13   The supervision entity shall supervise the construction quality of the wall construction project as per the technical regulations, standards and design documents on new wall materials. The wall materials selected for construction projects shall not be used unless relevant documents have been signed by the supervision engineer of the supervision entity.

  Article 14   The municipal energy conservation and wall material innovation office and the relevant district construction authority shall conduct routine supervision and inspection on the use of wall materials in construction projects.

  Article 15   Where there are special regulations on the use of clay bricks in the construction of ancient building repair projects included in the scope of cultural relics protection, such regulations shall prevail.

  Article 16   For any of the following acts in violation of these Rules, punishment shall be imposed as follows:

  (1) For those who use prohibited wall materials in buildings and structures in violation of these Rules, punishment shall be imposed by the urban management and comprehensive law enforcement authority in accordance with the relevant provisions of the Circular Economy Promotion Law of the People’s Republic of China.

  (2) For those who sell clay bricks within the administrative area of this Municipality in violation of Article 5 herein, punishment shall be imposed by the municipal administration for market regulation in accordance with the relevant provisions of the Circular Economy Promotion Law of the People’s Republic of China.

  (3) For those who produce clay bricks within the administrative area of this Municipality in violation of Article 5 herein, punishment shall be imposed by the municipal administration for market regulation in accordance with the relevant provisions of the Circular Economy Promotion Law of the People’s Republic of China and the Rules of Guangdong Province on the Management of the Development and Application of New  Wall Materials; if involving the violation of the relevant provisions on management of the basic farmland protection areas and agricultural ecological protection areas, the land resources authority shall handle the case in accordance with the provisions of Article 25 of the Regulations of Guangdong Province on Agricultural Environmental Protection.

  (4) Any design entity, in violation of Article 11 herein, that fails to design in accordance with the relevant mandatory standards for new wall materials, shall be punished by the competent construction authority in accordance with the provisions of Article 63 of the Regulations on the Quality Management of Construction Projects.

  (5) Any construction builder, in violation of Paragraph 1 of Article 12 herein, that fails to carry out wall construction in accordance with the design drawings or construction-related technical standards, shall be punished by the competent construction authority in accordance with the provisions of Article 64 of the Regulations on the Quality Management of Construction Projects.

  (6) Any construction builder, in violation of Paragraph 2 of Article 12 herein, that fails to conduct inspection on wall materials or uses wall materials having failed to pass the inspection, shall be punished by the competent construction authority in accordance with the provisions of Article 65 of the Regulations on the Quality Management of Construction Projects.

  (7) Any supervision entity, in violation of Article 13 herein, that signs for consent to the use of unqualified wall materials, shall be punished by the competent construction authority in accordance with the provisions of Article 67 of the Regulations on the Quality Management of Construction Projects.

  Article 17   Where any construction authority or the municipal energy conservation and wall material innovation office or its staff member, in violation of the provisions of these Rules, fails to perform its/his/her duties required by law, the competent authority shall order it/him/her to make corrections and impose sanctions on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

  Article 18   These Rules shall come into force on October 1, 2005. The Rules of Guangzhou Municipality on Wall Materials Innovation released by the municipal people’s government on September 5, 1992 and the Circular on Prohibition of the Use of Solid Clay Bricks released on April 4, 2000 shall be abolished accordingly.

  Where there is any discrepancy between these Rules and the normative documents on the management of wall materials innovation previously released by this Municipality, these Rules shall prevail.