Government Decree No. 8 / 1956 Coll.
Regulation on the surrender and acceptance of completed buildings or parts thereof and on the authorisation to put them into permanent operation (use)
Valid
Effective from 01.09.1956
8.
Government Regulation
of 22 February 1956
on the surrender and acceptance of completed buildings or parts thereof and the authorisation to put them into permanent operation (use).
The Government of the Czechoslovak Republic orders pursuant to § 15 paragraph 1 of Act No. 12 / 1955 Coll.:
Basic provisions.
(1) The task of all the bodies involved in investment construction is to ensure the quality, economic and rapid implementation of investment construction, the economically efficient and technically correct use of investment funds, and to consistently ensure and verify the consistency of the works and supplies carried out with the national economy's state development plan, the approved project and budget documents, the agreed economic contracts and all the generally binding regulations governing the construction and operation (use) of newly built, expanded or reconstructed buildings and buildings.
(2) Compliance with those requirements also requires a versatile evaluation of the investment works and supplies carried out after completion of each construction or part of it. This Regulation is therefore amended as follows:
(a) the surrender and acceptance of any completed works or their integrated parts between the investor and its suppliers;
(b) the conduct of the test operation where the nature of the construction so requires;
(c) the placing in permanent operation (use) of completed structures or parts of them that are operationally integrated.
Scope of the Regulation.
(1) The provisions of this Regulation shall apply to works included in the State Investment Construction Plan and carried out in a supplier's way; the provisions of Part Four concerning the placing of completed buildings or of operational integrated parts in permanent operation (use) shall apply to all buildings, including those carried out by the investor in his own direction and to those not included in the State Investment Plan.
(2) The provisions of Part Two of this Regulation on the surrender and taking over of completed structures or their integrated parts and of Part Three on test operations shall also apply to overhauls awarded by state socialist sector organisations where such overhauls need construction or assembly work carried out in a supplier's way.
(3) For the construction and general repairs carried out by the organisation of the state socialist sector as investors in their own direction, as well as for the works carried out from the funds of the Directors, each Ministry shall adjust the method of surrender and taking over and carrying out the test operations by implementing regulations (Section 29 (1)) in accordance with the principles of Part Two and Part Three of this Regulation.
Test operation.
(1) The purpose of the test operation is in particular:
(a) inform the operations personnel in detail of all equipment and ensure its reliable operation;
(b) achieve smooth, economical and reliable operation of the installation under the terms of the project and the supply contract;
(c) identify and remove defects and deficiencies which have not occurred at the time of surrender and takeover pursuant to Part Two of this Regulation;
(d) ensure all other conditions for the placing in service of equipment.
(2) The test operation shall be carried out only if prescribed by technical standards, technical acceptance conditions or by implementing regulations of individual ministries (§ 29 (1)) or if the authority superior to the investor so provides in individual cases. These standards, conditions and regulations, following orders from the authority superior to the investor, shall also govern the duration of the test operation, the conditions and manner of its implementation.
(1) The test operation of the fully tested and taken over equipment is carried out by an investor. If another organisation is used by the user of the completed construction or its operationally integrated part, the test operation shall be carried out by the operator. Prior to the start of the test operation, the investor (operator) is obliged to obtain the prescribed permits (expert opinions) of the administration and labour inspection authorities (§ 27 (1)).
(2) The supplier of construction and assembly works, suppliers of main installations and subcontractors are required to participate, at the request of the investor (operator) and on the cost of the test operation, and to provide him with technical assistance to the extent agreed in the economic contract.
(3) The general designer is obliged to participate in the project at the investor's request; the costs associated with its participation shall be borne by the relevant project organisation.
(4) Suppliers of construction and assembly works, suppliers of equipment, and subcontractors whose participation has not been requested by the investor (operator) are entitled to participate in the test operations on their own account.
(5) The investor (operator) is obliged to keep daily records of the test operation.
(6) The costs associated with the test operation, with the exception of those referred to in paragraphs 3 and 4, are borne by the investor (operator).
Placing in permanent operation (use).
Common provisions.
(1) Completed structures or parts of them which are operationally integrated may be put into permanent operation (use) only after they have been surrendered and taken over in accordance with the provisions of Part Two of this Regulation, after the test operation has been carried out in accordance with Part Three, if it has been found that all other conditions necessary to put them into permanent operation (use) are also fulfilled and if the competent authorities (paragraph 2) have granted authorisation to do so.
(2) Authorisations for permanent operation (use) are issued by:
(a) the Government (Paragraph 16 (1));
(b) the individual ministers (heads of central offices) under whose responsibility the construction is to be carried out or the bodies entrusted with it (§ 25);
(c) trade unions for the construction of the boards of national committees (§ 26).
(3) The authorities referred to in paragraph 2 shall issue authorisations on the basis of the findings and opinions of the expert committees or other bodies on the eligibility of the construction or its operationally integrated part for permanent operation (use).
(4) The chairmen of the expert committees or other bodies responsible for carrying out the procedure at the site of construction referred to in paragraph 3 shall be entitled to issue, as soon as this procedure has been completed, a prior authorisation to put the construction or its operationally integrated parts into permanent operation (use); for the buildings referred to in § 26, the issue of an advance authorisation by the head of the construction department of the National Committee responsible for carrying out the on-site procedure. The issue of an Advance Authorisation must be indicated in the minutes of this procedure (§ 22).
(5) The incentive to initiate the procedure for the placing of the construction or its operational integrated part into permanent operation (use) is always given by the investor or his superior body. The authorisation to put into service (use) shall be issued to the operator who is a party to this procedure.
Government permission.
(1) The Government issues authorisation for the permanent operation (use) of the buildings or parts of buildings listed in the list drawn up annually by the State Construction Committee in agreement with the State Planning Office and approved by the Government.
(2) The Government shall issue the authorisation referred to in paragraph 1 on the basis of an opinion of expert commissions which it appoints as appropriate either as a permanent commission for each type of construction or, namely, for each construction.
The Ministry (central office) of the supervisor shall notify the State Committee on Construction at least 30 days in advance that the construction listed in Section 16 (1) or its operational part will be ready to be put into permanent operation (use) on a specified date, propose to it the date of commencement of the authorisation procedure, as well as the authorities and organisations to be invited to the meetings of the Panel (Section 16 (2)).
The investor is obliged to prepare the documentation necessary for the meeting of the commission according to the nature of the construction, in particular:
(a) a detailed report on the progress of the construction with a list of documentation submitted;
(b) all documentation taken from the supplier (Section 5 (4));
(c) evidence of the approved project and budget documentation and the authorisation needed to start the construction;
(d) evidence of complex testing of the assembled equipment;
(e) entries on the surrender and takeover of individual buildings and whole buildings or parts thereof from suppliers (Section 10);
(f) evidence of taking over the machinery;
(g) authorisations and conditions of professional supervisory bodies (§ 27 (1));
(h) records of the test operation;
(i) a comparison of the basic indicators of the project and the budget with those of the actual situation;
(j) the necessary operational documentation and evidence of the organisation's permanent operation.
The Chairman of the Panel of Experts is required to invite the investor, operator, representative of the Regional National Committee, Regional hygienist, general designer, contractor of construction and assembly works and supplier of main equipment. In addition, it must invite the expert supervisory authorities to the Commission's deliberations on individual issues under the applicable rules, provided that their written consent has not previously been given. The said authorities shall verify at the meeting of the Commission whether the conditions of general interest (Paragraph 27 (1)) applied by them in their comments on the project or during the preparation and implementation of the construction have been fulfilled for the part of the building taken over.
The expert committee shall have the right to require the investor to carry out tests on the equipment or individual parts of the construction if it considers it necessary to assess the eligibility of the construction to be put into permanent operation (use). The President of the Commission may invite experts to be consulted if this is necessary to clarify special questions.
(1) The permanent operation shall not include structures or parts thereof which do not ensure smooth, safe and economical operation. The expert panel shall assess the eligibility of the construction or its operationally integrated part to be put into permanent operation (use) on the basis of the documentation submitted, the results of the tests and test operations carried out, the on-the-spot inspections, the finding that the work carried out and the supply of equipment has been properly taken over by the investor from the suppliers and, for production facilities, the finding that the installed equipment can achieve performance and produce all products according to the project assumptions.
(2) If the expert committee finds that the construction or its operational part is deficient and considers that the construction can still be put into permanent operation (use), it shall specify the measures and time limits within which the investor is obliged to ensure that these deficiencies are remedied. If, in order to remedy deficiencies, measures that cannot be implemented by an investor or his superior body under the applicable rules are necessary, the Commission shall submit a draft of those measures to the Government through the State Building Committee.
Registration of the authorisation procedure.
(1) On the authorisation procedure, the Panel of Experts shall obtain an entry containing in particular:
(a) a brief description and main details of the construction or its operational integrated part to be put into permanent operation (use);
(b) a comparison of the construction with the approved project and budget documentation in terms of cash and completeness, and an inventory of identified deviations and undercuts;
(c) an assessment of the quality of the work carried out and the supply of equipment in relation to the approved project and an inventory of the defects detected;
(d) a comparison of the technical performance of the construction with the project assumptions and an assessment of whether the construction fulfils the conditions for achieving the planned and planned capacity;
(e) an assessment of the readiness of the construction to operate on a permanent basis, in particular as regards the provision of the necessary qualified personnel, auxiliaries, transport, cooperative relations, raw materials, energy, water, aids and such;
(f) an assessment of whether the construction and its components comply with all applicable regulations (safety, hygiene, fire and other);
(g) an assessment of the overall progress of the construction, in particular with regard to the planned deadlines and the errors and deficiencies identified during the construction;
(h) a comparison of the basic indicators and parameters of the project with the results actually achieved and a technical economic assessment of the investment and project in relation to these results;
(i) the overall conclusions of the Panel on the eligibility of the construction for permanent operation (use), the prior authorisation (§ 15 (4)) and its conditions, in particular the measures and deadlines to address the deficiencies identified, following the refusal of the prior authorisation, stating the reasons and other conclusions and proposals of the Commission;
(j) signatures of members of the expert commission and investor (operator).
(2) The minutes shall be drawn up by the President of the Commission in the light of the differences of views between the members of the Panel; in this case, the minutes shall be annexed to the written declaration by those members of the Commission who do not agree with the specified text of the minutes. This applies mutatis mutandis if the supplier or the investor (operator) disagrees with the wording of the registration, in the case of one of the authorities invited under Paragraph 19.
(3) A copy of the minutes will be received by the investor and the operator as well as by their superior ministries (central offices).
(1) The Chairman of the Panel of Experts shall submit the minutes together with the proposal of the commission for the issue of a final permit for the placing in service of a construction or an operationally integrated part of it or the proposal to refuse such authorisation and the proposals for the necessary measures to the State Building Committee.
(2) If the Minister (Head of Central Office) has objections to the content of the minutes to the investor (s), he shall submit them to the Government through the State Building Committee no later than 10 days after the date of receipt of the minutes to the Ministry.
(3) The State Building Committee shall submit to the Government within 30 days at the latest a report on the outcome of the Panel's work and any objections of the Minister (Head of Central Office), together with his draft measures.
(4) The Government will decide from when and under which conditions the construction or the operational part of the building will be put into permanent operation (use).
The staff costs of members of the expert commissions and other parties to proceedings shall be borne by the organisations in which they are employed. The investor shall bear the other costs associated with the management of the construction or its operational integrated part.
Authorization of ministries or bodies delegated by them.
(1) Individual ministers (heads of central offices) or authorities entrusted with them issue authorisations for permanent operation (use) for all or parts of buildings or parts of buildings which are operationally integrated in their field of competence, provided that such authorisation is not reserved for the Government or the Council of National Committees.
(2) The issuing of authorisations for permanent operation (use) in the field of competence of individual ministries (central offices) and the procedures related thereto will be adapted in accordance with the principles contained in Sections 16 to 24 of the Implementing Rules (Paragraph 29 (1)), to be issued by individual ministers (heads of central offices).
Authorisation of trade unions for the construction of national committees' boards.
(1) The departments for the construction of the boards of the national committees are authorised to put the buildings or their operationally integrated parts into permanent operation (use):
(a) in the case of residential buildings and buildings, with the exception of buildings and buildings built as part of production, transport or other facilities on land defined for such facilities, with the exception of residential buildings built in the territory reserved for the armed forces and of separate residential buildings built at the premises of the armed forces authorities;
(b) for the county of the planned buildings, including residential buildings and buildings;
(c) construction of mass organisations, cooperatives and private builders regardless of the type and place of construction.
(2) The departments for the construction of the boards of the national committees are required to ensure the initiation of the procedure for the authorisation of placing in permanent operation (use) no later than 7 days from the date on which the construction or the operational part of it is reported to be ready for permanent use (use). This report shall be submitted by the investor to the construction department of the relevant national committee in writing at least 15 days before the completion of the construction or its operational part. The construction department shall take a decision to put into permanent operation (use) no later than 15 days after the date of signature of the registration.
(3) The granting of authorisations for the permanent operation (use) of trade unions for the construction of the boards of national committees and the management thereof will be regulated in accordance with the principles contained in Sections 16 to 24 of the Implementing Rules (Paragraph 29 (1)), to be issued by the Central Administration for Housing and Civil Construction with the approval of the State Building Committee. These provisions shall also specify in more detail the scope of the trade unions for the construction of the boards of national committees of individual degrees and the necessary participation of other institutions in the authorisation procedure.
Final and transitional provisions.
(1) Where a building or part of it is required to be put into service (use) by the permit (expert opinions) of other public authorities (technical supervision bodies, hygienic and anti-epidemic services, water, transport, safety and other authorities) and labour inspection bodies, the investor shall, when carrying out a test operation already carried out at the time of surrender and take-over in accordance with Part Two of this Regulation. In the absence of a test operation, the relevant authorisations shall be granted no later than during the procedure for putting the construction or its operational integrated part into permanent operation (use) in accordance with Part Four of this Regulation.
(2) The provisions on the permit for use of buildings, in particular the provisions of § 10 (4) of Act No. 280 / 1949 Coll., on the zoning and construction of municipalities, § 23 of Decree No. 93 / 1950 Coll., on the construction of municipalities, as well as the implementing provisions for these provisions, are hereby repealed.
The costs of the surrender and take-over procedures for completed buildings or parts thereof, including complex testing, the costs of test operations, the costs of putting into permanent operation (use) and the costs of the management related thereto shall be reimbursed in accordance with the rules issued by the Ministry of Finance.
(1) Individual ministries (central offices) superior to investors shall, in agreement with the State Building Committee, issue, by 1 September 1956 at the latest, implementing provisions for the provisions of § 2 (3), Part Two and Part Three and Section 25, taking into account the nature and specific needs of the buildings in their field of competence. The Central Administration for Housing and Civil Construction shall, with the approval of the State Building Committee, issue implementing provisions for the provisions of Section 26.
(2) By 1 September 1956, the basic conditions of supply shall be adapted as regards the surrender and taking over of completed construction and assembly works in order to comply with the provisions of Part Two of this Regulation.
(1) This Regulation shall apply to buildings or parts thereof which shall be completed after 31 August 1956.
(2) In the case of buildings completed before 1 September 1956, where they have not been taken over and surrendered and put into service (use) in accordance with the existing rules, the procedure in question shall be simplified in accordance with the directives issued by the State Building Committee.
This Regulation shall enter into force on 1 September 1956; All members of the government will do it.
Zaporocký v. r.
Broad v. r.
Dolan v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Ing. Jankovcová v. r.
Polack v. r.
Dr Skoda v. r.
Bark v. r.
Ing. Shimonek v. r.
Dr Kylý v. r.
Plojhar v. r.
Dr. Nove v. r.
Bakuľa v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
Krutina v. r.
Machachová v. r.
Dr. Unedible v. r.
Stoll v. r.
Tesla v. r.
Uher v. r.
Lamb
Jonah v. r.
Reitmajer v. r.
Smida v. r.
Dr Bartuška v. r.
Bukal v. r.
Dvořák v. r.
Dr Kahuda v. r.
Malek v. r.
Maurer v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Dr. Vlasák v. r.
He beat the shit out of me.
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Regulation Information
| Citation | Government Decree No. 8 / 1956 Coll., on the surrender and acceptance of completed buildings or parts thereof and on the authorisation to put them into permanent operation (use) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.03.1956 |
|---|---|
| Effective from | 01.09.1956 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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