Decree No. 137 / 1970 Coll.
Decree of the Federal Committee on Technical and Investment Development amending and supplementing the Decree of the State Commission on Technique No. 108 / 1966 Coll., on the authorisation of project activities
Valid
Effective from 01.01.1971
137
DECLARATION
Federal Committee on Technical and Investment Development
of 22 December 1970
amending and supplementing the Decree of the State Technical Commission No. 108 / 1966 Coll., on the Authorisation for Project Activities
The Federal Committee on Technical and Investment Development, in agreement with the Ministry of Construction and Technology of the Czech Socialist Republic and the Ministry of Construction and Technology of the Slovak Socialist Republic, with the Ministry of Finance and the Ministry of Labour and Social Affairs of the Czechoslovak Socialist Republic, the Czech Socialist Republic and the Slovak Socialist Republic, provides pursuant to Article 31 of Act No. 87 / 1958 Coll., on the Construction Regulations, Section 6 of Act No. 53 / 1968 Coll., on Changes in the Organisation and Scope of Certain Central Authorities, and Section 239 of the Labour Code No. 65 / 1965 Coll., as amended by Act No. 153 / 1969 Coll., amending and supplementing the Labour Code:
The Decree of the State Technical Commission No. 108 / 1966 Coll., on the authorisation for project activities, is amended as follows:
Article 1 (1) reads as follows:
"(1) Project activities within the meaning of this Decree are the processing of spatial plans and studies, project documentation of buildings, including project documentation of exhibitions and interior projects, typing tasks and experimental verification in construction and providing professional assistance in this activity. '
Article 2 (1) reads as follows:
"(1) The authorisations referred to in Article 1 (2) shall be granted to organisations in their field of competence by the Ministry or by other central government bodies, regional national committees and national committees directly governed by the Government (hereinafter referred to as" central authorities') after prior approval by the Ministry of Construction and Technology of the Czech Socialist Republic or the Ministry of Construction and Technology of the Slovak Socialist Republic (hereinafter referred to as "the Ministry of Construction and Technology '), according to their jurisdiction and, where authorised by the federal authorities, after prior approval by the Federal Committee for Technical and Investment Development.'
Article 3 (2) (3) reads as follows:
"(3) Organisations which are not subordinate to the authorities referred to in paragraph 1 shall be authorised to project activities by the Ministry of Construction and Technology of the Czech Socialist Republic or the Slovak Socialist Republic according to the registered office of the organisation on the proposal of the competent central authority of the superior organisation."
4. the following paragraph 4 is added to Article 2:
"(4) The authorisation shall be granted to the organisation after examination and assessment of the facts and data in the application referred to and taking into account the social needs only if:
(a) if it is capable of taking responsibility for the project activity;
(b) if, in the management and other important functions, he employs competent staff with the necessary qualifications, *) provided for by the relevant wage rules;
(c) if, to the extent required by the requested authority, it is competent to provide its own staff with a comprehensive technical and economic solution to the project work, including solutions to related territorial relations and environmental and safety conditions, in accordance with the relevant legislation. "
5.
Authorisation procedure
(1) The organisation shall apply for authorisation or, where appropriate, for a change in its scope, by the authority competent under Article 2. The application shall specify:
(a) the name and registered office;
(b) the training (specialisation) and the type of construction or work for which the approved organisation will carry out project activities;
(c) the name of the manager and the name of the statutory representatives of the organisation, * *)
(d) the total estimated number of workers and their composition according to the professional focus in percentage *) and until they reach that status; where the authorisation is renewed, the actual number of workers shall be indicated;
(e) how it fulfils the conditions set out in § 2, paragraph 4. * *)
(2) The central authority shall examine the application if it does not reject it itself, in accordance with Article 2 (1). The approval shall define the scope (specialisation) according to the organisation's professional and functional focus.
(3) The authority which granted the authorisation will send a copy thereof to the competent central statistical authority, the Federal Committee for Technical and Investment Development and the Czechoslovak State Bank; if authorised by the central authority of the Czech Socialist Republic or the Slovak Socialist Republic competent under Paragraph 2 (1), it shall also send a copy to the competent Ministry of Construction and Technology. Similarly, the revocation or modification of the authorisation or its conditions shall be notified. The Federal Committee on Technical and Investment Development and the Ministry of Construction and Technology shall keep records of authorisations issued.
(4) The authority which granted the authorisation must verify compliance with the conditions under which the authorisation was granted. "
6. The following Section 3a is inserted after Section 3, including the title:
Amendment and revocation of authorisation
(1) If the authority which granted the authorisation finds that the organisation is in breach of this decree or other provisions, in particular concerning project documentation of buildings, or does not comply with the conditions set out in the authorisation, it may impose additional conditions or authorisations on it or withdraw it, if necessary.
(2) The Federal Committee on Technical and Investment Development and the Ministries of Construction and Technology may carry out random checks on compliance with the authorisations granted by the authorities pursuant to Article 2 (1); their warnings must be followed by the authorities which have granted the authorisation in accordance with the preceding paragraph. "
7.
(1) Organisations authorised to undertake project activities may award projects to individuals and other workers (hereinafter referred to as "designers") work in the field of their activities which cannot be provided by their own workers within the framework of their obligations arising from the employment relationship or, where appropriate, by another organisation, or where the nature of the task of the organisation so requires, if the designer fulfils the conditions laid down for the grant of an authorisation under Article 5.
(2) Construction workers (investors) - ("builders") may subcontract work to project documentation designers if the designer is authorised to carry them out and does not exceed the investment cost of the construction 500 000 Kcs. For the building housing cooperative, this limit is increased to 4 million CZK when the project documentation for the housing construction of this cooperative is processed by its member or by several designers, at least one of whom is a member of that cooperative and in the designed construction is intended to satisfy its own need for housing. "
8.
Authorisation
(1) The permit to carry out work on project documentation, always for a specific construction, shall be issued to the designer at his request, taking into account the social needs of the construction office responsible for the decision on the admissibility of the construction.
(2) The condition for issuing a permit is that the designer
(a) has a higher education in the relevant direction * * *) and at least 6 years of professional experience requiring knowledge of the design of the relevant direction, or has a full secondary vocational education of the relevant direction and at least 8 years of professional experience requiring knowledge of the design; the permit may also be issued to a designer who has a lower vocational training, accompanied by a construction test (according to the regulations in force before 1950) whose work results are consistently high;
(b) be employed in full-time employment and have the prior written consent of the organisation in respect of which the employment is maintained to carry out the work referred to in paragraph 1; consent to carry out such work may only be given by the organisation to the designer which it considers to be competent to carry out such work; the condition of employment in employment is not required for pensioners and women permanently caring for a child of pre-school age; for pensioners, the consent of the district national committee responsible for the place of residence must be sought.
(3) If the construction is part of a concentrated construction, †) it is necessary to grant permission to the organisation performing the function of general designer of this concentrated construction.
(4) The construction office shall not issue a permit if it is aware that the applicant's current work results in the design do not guarantee the required quality of the work.
(5) The designer will pay the construction office a fee in accordance with the regulations on administrative fees.
(6) No authorisation is required
a) when processing documentation of interiors, exhibitions and modifications are entered through the Czech or Slovak Fine Arts Fund;
(b) to carry out the work of scribes, drawing, planographic, bookkeeping and other auxiliary work on project documentation.
(7) The same copy of the permit shall be sent by the construction office responsible for the financial administration according to the place of permanent residence of the designer and shall keep a register of the authorisations issued.
9. In Article 6, the following paragraph 2 is inserted after paragraph 1:
"(2) An agreement on the execution of such work, with the exception of those referred to in Article 5 (6) (b), may be concluded by a separate project or project engineering organisation only with a worker who fulfils the qualification requirements under the applicable wage rules and under the conditions laid down in Article 5 (2) (b). Other organisations authorised to design may only conclude an agreement with a designer for which the conditions for the authorisation referred to in § 5 (2) are met, by builders only if the conditions set out in § 4 (2) are met. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
10. In Article 7 (1), "certificate 'is replaced by" authorisation'.
11. Article 7 (2) reads as follows:
"(2) The assessment shall be requested by the designer with a separate project organisation responsible for the location or nature of the construction. ';
12. In Paragraph 8, paragraph 4 is added after paragraph 3:
"(4) The remuneration payable under the provisions of paragraph 2 to a member of a building housing cooperative, subject to the conditions laid down in paragraph 4 (2), shall be used, in particular, to cover the member's share of the designer."
13. the following Section 9a is inserted after Section 9:
Exemptions from the provisions of Sections 2 (1) and (3), 4 (2) and 5 (2) (a) of this Decree are authorised by the Federal Committee on Technical and Investment Development and by the Ministry of Construction and Technology. '
(1) An organisation which has been granted an authorisation for project activities under Decree No 108 / 1966 Coll. of the authorities referred to in Paragraph 2 (1) of that Order shall submit a copy of its authorisation within 2 months of the date of application of the decree and shall notify the information referred to in Paragraph 3 (1) to the authority which issued the authorisation. This authority, after prior approval of the Federal Committee on Technical and Investment Development or of the relevant Ministry of Construction and Technology, under the jurisdiction referred to in Article 3 (1), shall confirm the authorisation still in force or, where applicable, restrict or revoke the authorisation or issue a new authorisation no later than 6 months after the effective date of the decree; a copy of the authorisation shall be sent to the Federal Committee on Technical and Investment Development or to the competent Ministry of Construction and Technology according to the jurisdiction referred to in Article 3 (1).
(2) An organisation which has been granted an authorisation for project activities under Decree No 108 / 1966 Coll. of the authorities which are not authorised to grant them under the provisions of this Decree shall submit a copy of its authorisation and notify the data referred to in Paragraph 3 (1) to the competent Ministry of Construction and Technology no later than 2 months after the date of application of that decree. The Ministry of Construction and Technology of the Czech Socialist Republic or Slovak Socialist Republic shall, according to its jurisdiction, confirm or restrict the existing authorisation, or revoke it, or issue a new authorisation no later than 6 months after the validity of this decree.
(3) An organisation which has been granted an authorisation under Decree No. 108 / 1966 Coll., which does not submit a copy of its authorisation to the authorities referred to in paragraph 1 or 2, may not take over further project work after the expiry of that six-month period.
This Decree shall take effect on 1 January 1971.
Vice-President:
Gábel v. r.
*) For example, project authors and other workers whose current work results provide a guarantee of the quality of project performance in the new organisation.
* *) For the association of project studios the name of the head of the studio, for the project components of organizations also the name of the project manager.
*) Breakdown into designers of building architects, statics, electrical engineering, technology, engineering, engineering, water management, medical technology, air conditioning, geodets, geologists, budgets etc.
* *) If the organisation requires a project authorisation for buildings protected by monument, it is necessary to express the relevant institution of conservation and conservation.
* * *) If it is housing or civil construction with more complex architectural conditions, this means university education towards architecture.
†) These are residential and industrial conurbation, housing units, administrative and commercial centres etc.
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Regulation Information
| Citation | Decree of the Federal Committee on Technical and Investment Development No 137 / 1970 Coll., amending and supplementing the Decree of the State Technical Commission No 108 / 1966 Coll., on the authorisation for project activities |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1970 |
|---|---|
| Effective from | 01.01.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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