Decree No. 8 / 1983 Coll.
Decree of the Federal Ministry of Technical and Investment Development on specific eligibility for certain activities under construction
Valid
Effective from 01.04.1983
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8
DECLARATION
Federal Ministry of Technical and Investment Development
of 26 November 1982
on specific eligibility for certain activities under construction
The Federal Ministry for Technical and Investment Development provides, pursuant to § 143 (1), for the implementation of § 46 (1) of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act) and under § 53 of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries:
Basic provisions
(1) This decree regulates the principles for the gradual introduction of a system of verification of specific competence for certain activities under construction.
(2) Specific competence for certain activities in construction (hereinafter referred to as "special competence") means the sum of theoretical knowledge, practical experience and skills necessary for the proper performance of selected work activities (functions) of decisive importance for the protection of the interests of the company and related to the preparation, design, authorisation, implementation and approval of buildings.
(3) The decree does not apply to the verification of the specific competence of selected activities (functions) in construction offices and special construction offices, if they are national committees. Specific Regulation (1) applies to the verification of specific competence for the performance of these activities (functions).
(4) For the purposes of this decree, the Regional National Committees, the National Committee of Prague, the National Committee of the SSR Bratislava and the Central Authorities of Cooperative and Social Organisations shall be regarded as central authorities.
Sequential implementation of the system of verification of specific competence and identification of selected activities
Specific eligibility phase
(1) A system of verification of specific eligibility under construction shall be established in stages of time gradually defined by the Federal Ministry for Technical and Investment Development. The first stage shall be fixed for the period from 1 July 1983 to 31 March 1986.
(2) The Federal Ministry of Technical and Investment Development determines for each stage the selection of investment, project and engineering activities (functions). The selection of construction and assembly activities (functions) and functions (functions) at special, military and other construction offices shall be determined by the central government bodies which manage those activities, in agreement with the Federal Ministry for Technical and Investment Development.
(1) The second stage is fixed for the period from 1 October 1987 to 31 March 1990.
(2) The system of verification of specific eligibility under construction for the functions specified in the specified stages applies even after the end of the stages.
Investment, project and engineering activities
In the first phase, the Federal Ministry of Technical and Investment Development determines the following selected activities (functions) to verify the special competence of:
(a) in the field of investment activities
- in production units, professional directors responsible for the management of investment construction and head of trade unions managing investment and assessment activities,
- in undertakings and special-purpose organisations, the Deputy Directors responsible for the management of investment construction and the head of trade unions or the head of separate departments managing investment and assessment activities;
(b) in the field of project activities
- in project organisations, the main engineers of the project and the main designers,
- in the project components of organisations with other activities leading the designers;
(c) engineering activities
- chief engineers of investment construction (specialists) and chief experts of investment construction.
In the second phase, these selected activities (functions) 1a are determined to verify the special competence
(a) in the field of investment activities
- in production units, the head of separate departments and the head of units managing investment and assessment activities, 1b)
- in undertakings and special-purpose organisations, the head of the departments managing the investment and assessment activities; (1b)
(b) in the field of project activities 1c)
- in project organisations as well as in project components of organisations with other main activities,
Deputy Director of the Organisation (plant, branch) on the section of project activity, Head of Technical Service, Head of project activity departments, Main specialists, 1d)
(c) engineering activities (e)
expert directors responsible for the management of engineering activities, Deputy Directors responsible for the management of engineering activities,
Head of the trade unions, Head of the separate departments, Head of the Department of Engineering Management. 1f)
Construction and assembly activities
In agreement with the Federal Ministry of Technical and Investment Development for the first stage, the central authorities which manage the organisations carrying out the construction and assembly activities shall determine the selected activities (functions) for the first stage no later than 30 June 1983.
In agreement with the State Commission for Scientific, Technical and Investment Development, the central authorities which manage the organisations carrying out the construction and assembly activities shall determine the selected activities (functions) for the second stage no later than 31 December 1987.
Building administrative activities
Selected activities (functions) for special, military and other construction offices (2) shall be determined by the central government authorities in agreement with the Federal Ministry of Technical and Investment Development for the first stage no later than 30 June 1983.
Selected activities (functions) at special, military and other construction offices shall be determined by the central government authorities in agreement with the State Commission for Scientific, Technical and Investment Development for the second stage no later than 31 December 1987.
Method and conditions of verification of specific competence
Method of verification of specific competence
(1) Special competence shall be verified by examination. (3) for subordinate bodies and organisations in agreement with the State Commission for the Scientific, Technical and Investment Development of the Test Order and the substantive requirements of the tests including the differences tests (Section 10 (7)); In doing so, they shall use the model test rules set out in Annex 1 to this Decree.
(2) The material content of the tests shall comply with the requirements of the specific activity (s) intended to verify the specific competence referred to in Sections 3 to 5a.
Test Panel
(1) Tests for verification of specific competence shall be carried out before the Examination Committee. The Trial Committees shall be set up by the Central Authorities; their members shall appoint from among the experts of theory and practice which offer a guarantee of objective assessment of candidates in the examination.
The Central Authority may entrust the setting up of test committees and the provision of their activities to the Director of organisations directly managed by the Central Authority. In such a case, the members of the Examination Board shall be appointed by the Director of the Organisation after prior approval by the Central Authority of the Central Government.
(2) The members of the examination committees may be appointed staff with the agreement of the organisations in which they are employed and, where appropriate, representatives of the social organisations proposed by their competent authority.
(3) The test committee is five members; It shall consist of the President and other members.
(4) The Commission's decision shall require the presence of the President and at least two other members of the Commission. In the event of a tie, the President of the Commission shall vote. A record shall be kept of the proceedings of the panel and a report shall be drawn up on the outcome of each test.
(5) The representative of the State Commission for Scientific, Technical and Investment Development is entitled to attend the examination committee meetings. The representative of the Czech Commission for Scientific, Technological and Investment Development or the Slovak Commission for Scientific, Technical and Investment Development is entitled to attend the meetings of the examination committees set up by the Regional National Committees, the National Committee of Prague and the National Committee of the National Committee of the National Committee of the University of Bratislava for Investment, Project and Engineering Activities. To this end, the central authorities of the State Commission for Scientific, Technical and Investment Development are required to communicate the testing dates in due time each year. Regional National Committees, National Committee of Prague and National Committee of SSR Bratislava provides testing dates according to the responsibility of the Czech Commission for Scientific, Technical and Investment Development or the Slovak Commission for Scientific, Technical and Investment Development.
(6) The administrative organisational work related to the activities of the Examination Committees, including the acceptance of applications, the keeping of records, the retention of documentation, shall be provided by the central administration or, where appropriate, by the organisation which set up the Examination Board. The certificates of special competence shall be issued and withdrawn by the central administration.
Safety of test preparation
(1) The preparation for testing is provided by the central government bodies or, where appropriate, by their designated bodies, in their responsibility.
(2) The costs of verification of the specific competence associated with the preparation of staff, as well as the costs associated with the issue and registration of licences shall be borne by the organisation which has applied for the examination by the relevant test committee within the budgetary costs.
Logging of staff to examinations
(1) The organisation for which the worker is employed shall ensure that the workers are enrolled for the test. Organisations shall apply for testing to personnel for whom the basic preconditions for successful performance of the selected activity (function) are.
(2) The organisation shall, at the same time as the application for the test, provide the test committee with the necessary information in particular on the level of education achieved, the period of experience and its evaluation and the current functional classification of the worker.
(3) The test dates are fixed by the central government by 30 September of the previous year at the latest. Application for a test shall be submitted no later than 2 months before the date of the test.
(4) The examination shall be communicated by the examination panel to the staff member no later than 30 days before the examination.
(5) A worker who is invited to be tested in writing is obliged to attend and submit to the test site at a specified time. If, for serious reasons, he is unable to take part in the examination, he shall be given a replacement date at his request by the Examination Board. If the worker fails to attend the test without a proper written apology, he may only pass the examination on the basis of a new application submitted by the organisation.
Tests to verify specific competence
(1) The panel shall assess the worker's specific competence to perform the work (function) concerned on the basis of the results of the test, taking into account the data referred to in Article 9 (2).
Special eligibility shall be granted to workers who:
(a) have achieved the required degree of school education in accordance with the requirements of the qualification catalogues and meet the required period of experience;
(b) have successfully passed the examination with the test committee responsible for the field of activity.
(2) The test results shall be notified to the staff member by the examination committee immediately after completion of the examination and shall be notified in writing to the organisation which applied for the test. The test results of the head of organisation shall also be communicated in writing to the body by the examination committee to the superior organisation.
(3) Notification of the test result shall be made by the organisation and, where appropriate, by its superior authority, to the personal file of the worker.
(4) If the worker fails to pass the test, the test may be repeated on the basis of a new application submitted by the organisation within a time limit to be determined by the chairman of the examination committee. The time limit shall not be less than three months.
(5) The examination committee may, on a proposal from the organisation for which the worker is employed, restrict the examination referred to in paragraph 1 (b) to a professional interview for workers who fulfil the conditions referred to in paragraph 1 (a) and who clearly show from the results of their work evaluation that they have demonstrated, through long-term successful work, their eligibility for the relevant work (function).
(6) The examination committee shall refrain from the examination of staff who have successfully completed a post-graduate study focused on a selected field of activity and a given function organised by a university on the basis of a proposal from the Federal Ministry of Technical and Investment Development or another central administration body with the approval of the Federal Ministry of Technical and Investment Development.4)
(7) If a worker performs or performs a function for which a special competence check is provided and has a valid special competence certificate for another function in the same field or in another field, the Examination Board may decide, in accordance with the test schedule, to limit the examination to only the oral part (interview) and to focus it on any difference between the requirements of the functions and the field of activity (difference test). If a worker is to perform a function in the same field of activity classified under the qualifying catalogue in lower tariff classes, Paragraph 11 (2) shall apply.
Special licence
(1) A staff member who fulfils the requirements of Section 10 (1) (a) and whose specific competence has been verified by successful examination or interview, where appropriate, or has been waived (Sections 10 (5) and (6)), shall issue a certificate of special competence by the central administration competent under Section 7 (6).
(2) The special licence authorises the holder to carry out the work (function) for which he was issued. At the same time, it authorises the performance of activities (functions) classified under the qualifying catalogue in lower tariff classes.
(3) The document has a general validity for the defined field of activity under construction.
(4) The card contains in particular the following information:
(a) personal data of the holder;
(b) a precise definition of the field of activity and of the work for which it was issued, in accordance with the applicable system of qualification catalogues;
(c) who issued the card and the date of issue;
(d) the stamp and signature of the central administration authority.
(5) A staff member may carry out a selected activity (function) without a special licence for a maximum period of two years after taking up his duties, unless otherwise provided for in this Decree.
Additional training of holders of special licences
(1) At least every five years, the central authorities of the state administration and, where appropriate, their designated organisations are required to provide additional training for the holders of licences in order to acquire a socially achieved degree of knowledge in selected fields of activity. The licence holders shall take part in the supplementary training and be subject to a written test or other form of verification of the knowledge of the supplementary training.
(2) Where the holder of a special licence does not carry out a work activity (function) for a period of more than five years for which the licence has been issued, he may continue that activity only after having received the additional training referred to in paragraph 1.
Examination of holders of a special licence
If the Authority finds that the company's interests in construction are repeatedly infringed by its activities, it shall initiate the review of the special competence of the competent authority of the State administration. 5) The Central Authority may order the licence holder to undergo the examination before the Examination Board. The examination shall take the form of an expert interview.
Withdrawal of a special licence
The Central Authority shall withdraw the special qualification certificate from the worker who:
(a) refuse to take part in the supplementary training provided for in Section 12 without serious reasons;
(b) refuse to undergo the examination or fail the expert interview referred to in Article 13.
Final provisions
(1) A worker who carries out a selected activity (function) before the date of its designation may not carry it out without a special licence if:
(a) the activity (function) intended for the first stage pursuant to § 3 to 5 from 1 April 1986, the activity (function) intended for the second stage under § 3a, 4a, 5a from 1 April 1990,
(b) the activity (function) to be determined in subsequent stages (Paragraph 2 (2)), three years after the publication of the activity as a choice.
(2) Organisations which do not have at least 75% of staff with a prescribed special qualification for the performance of selected work activities (functions) in the first and second stages, may not, from 1 April 1986 for the first stage and from 1 April 1990 for the second stage, (6) even if they are authorised under specific regulations. (6a) In such cases, the authority which granted them shall withdraw the approval of the organisation.
(3) The central authorities of the State are checking that the organisations under their management comply with the required number of personnel with a special licence.
The National Commission for Scientific, Technical and Investment Development may, where justified at the request of the competent central authority of the State administration, authorise an exemption from the provisions of Sections 11 (5), 12 (2) and 15 (1) and (2).
Paragraph 3 and 3a shall not apply to the fields of activities governed by the Federal Ministry of National Defence, the Federal Ministry of Interior, the Ministry of Interior of the Czech Socialist Republic and the Ministry of Interior of the Slovak Socialist Republic. In these fields of activity, the selection of activities (functions) shall be determined by the central government in agreement with the Federal Ministry for Technical and Investment Development.
This Decree shall take effect on 1 April 1983.
Minister:
Ing.
Příloha č. 1
Annex No. 1 to Decree No. 8 / 1983 Coll.
MODEL TEST RANGE FOR VERIFICATION OF SPECIAL ELIGIBILITY FOR CERTAIN EXAMINATION ACTIVITIES
This model test schedule regulates, in accordance with Decree No. 8 / 1983 Coll., on the special competence for certain activities under construction (hereinafter referred to as "the Order"), the rights and obligations of test boards in verifying the special competence for certain activities under construction (hereinafter referred to as "the special competence"), the principles for carrying out tests and their evaluation.
I. TASKS OF THE TEST COMMISSION
1. Prior to the start of the tests to verify the special competence of the Test Panel
(a) verify the identity of the tenderers according to the personal documents;
(b) inform the tenderer of the form, organisation and conduct of the examinations, the rights and obligations of the tenderers and the method of evaluation of the tests.
2. The deliberations and work of the Examination Board shall be managed by its chairman. It shall be responsible for the uniform and factually correct procedure of the examination panel, for the objective assessment of candidates' answers, for compliance with the methodological and pedagogical principles of the tests and for creating favourable conditions for their conduct.
3. The chair of the test committee shall be responsible for the proper conduct of the test documentation and for its transmission to the competent authority for the issue of a special licence, or for any other measure, according to the result of the test.
4. The Chairman of the Examination Board shall be entitled to decide on the questions at issue relating to the examinations, including the complaints of the candidates against the examination committee's procedure or the way in which the answers are assessed, their exclusion from the examination or the interruption (suspension) of the examination and the period for repeating the examination.
5. Before the start of the tests, the Chairman of the Examination Board shall convene its members for an organisational and methodological meeting at which they shall be informed of their rights and obligations, of the applications of tenderers, of the test rules and of the method of assessment of the tests. They shall discuss the manner in which they are to be carried out and the extent of the written examination and other relevant issues as appropriate.
6. For the duration of the test panel
(a) ensure, in particular, that the questions in the written examination are not exchanged, that the tenderers cooperate with each other at the time of their preparation for the examination, the use of unauthorised aids and literature;
(b) take the necessary measures if it is found that the test schedule has been breached or that defects have occurred which may jeopardise the correct test procedure or distort the result;
(c) allow a candidate who is affected by medical difficulties at the time of preparation or during the examination, or for any other serious reason, to suspend or withdraw from the test for the necessary period of time; when the test is interrupted, the measures necessary for the proper continuation of the test shall be taken;
(d) provide the applicant with the necessary explanation and clarification at the time of preparation for the test;
(e) it shall consistently apply the classification scale and its aspects when assessing responses.
7. At the end of the test panel
(a) evaluate the responses of the tested person and, where appropriate, check the accuracy of the answers during the test and determine the number of points achieved;
(b) record the test result and, where appropriate, the number of points obtained in the test in the test report;
(c) inform candidates of the evaluation.
8. If the examination committee takes part in the examinations of a representative of the Federal Ministry for Technical and Investment Development, it shall be entitled to check the level of organisation of the tests, the accuracy of the methodology and compliance with the test rules.
II. SPECIES OF SPECIFIC ELIGIBILITY TESTS
9. The verification of special competence shall be carried out by written and oral examination, except in the cases provided for in paragraphs 5 and 6 of Section 10 of the Order. The written part of the examination may take the form of written work or a written test.
10. A candidate who has received a test question shall be entitled to preparation in the oral examination; the time range and the manner of preparation shall be determined by the Chairman of the Examination Committee. In preparation, the candidate may only raise a question concerning clarification of test questions. In the case of a written examination or a test, the preparation shall be discontinued.
11. The time defined for preparation can only be shortened if the tested and declared ready to respond.
12. Only authorised aids may be used in preparation. During the test, the candidate may consult his / her preparatory notes or read the written response. A candidate who used unauthorised aids in the test may be excluded from the further course of the test.
Written test
13. The written examination is preceded by an oral examination and is independently evaluated. It must not last more than 4 hours. The scope and content of the written test shall be chosen in such a way as to correspond to the specified time limit. Before starting the written examination, the chairman of the examination committee, or a member of the examination committee, authorised by the organisation of the written examination, shall inform the tenderers of the time set for the written work.
14. Questions for written examination shall be drawn up by the examination committee and approved by the lead body to which the examination committee is set up.
15. Questions shall be changed for each written test.
16. All tenderers with the exception referred to in point 9 shall be subjected to the written test. It shall be exercised under the supervision of a member of the examination committee designated by its chairman. The member responsible for supervision during the written examination shall be responsible for the proper compliance with the regime of this test.
17. The candidate who has completed the written work will submit it to a member of the Supervisory Examination Committee who will mark the time of surrender. After the limit has expired, all tenderers must submit their written work.
18. The work of the written examination shall be assessed and evaluated by the examination committee no later than the beginning of the oral examination.
Test by written test
19. The following principles shall apply to the test by written test:
(a) the content of the questions of the whole test approved in accordance with point 14 must be exhausted by a substantial proportion of the test substance;
(b) the test time by one test shall not exceed 1 hour;
(c) if several tests are used, there shall be a break of at least 15 minutes between each test;
(d) the assessment of responses shall be carried out by a scoring system; the minimum number of points needed for each field, or, where applicable, the type of test;
(e) the criteria for the final test result are "passed" or "failed."
20. Before starting the test, the tenderers must be fully aware of its rules; Questions and ambiguities should be clarified before the start of the test.
21. The Chairman of the Examination Board shall determine the period during which the test must be completed.
22. The candidate to be tested shall indicate the answers to the pre-printed record to evaluate the final result of the test. The record shall state the name of the tenderer, the number of the test file, the date of the test and, where appropriate, its repetition and the result of the test ("passed '-" failed'). The accuracy of the entries in the alert shall be verified by signature by the Chairman of the Examination Board and its members.
Oral test
23. The oral test shall be carried out by tenderers except those excluded during the written examination.
24. The time of the oral examination should not exceed 20 minutes.
25. The test panels shall follow the following principles in the test:
(a) express clearly and clearly and give the tested person the opportunity to concentrate on the answer;
(b) provide the tenderer with the opportunity to respond freely without the intervention of the Examination Committee; the examination shall be carried out by the chairman or, where appropriate, by a member of the examination committee, only if the examination answers a question other than the one asked, or if he is unable to carry on his own; the examiner must not replace the candidate's reply by his interpretation,
(c) if the test committee concludes its response, it may request any addition or clarification of the response;
(d) when closing the answer to a question, the Chairman of the Examination Committee shall evaluate and, where appropriate, supplement the reply.
Test questions
26. Oral test questions are included in a list approved mutatis mutandis as written questions (see paragraph 14). Questions need to be kept up to date in order to correspond to the current state of regulations and knowledge in the relevant fields.
27. Test questions shall be compiled into sets which generally form three questions. These sets of questions shall be based on an approved list of test questions. Each set of questions shall be provided with a serial number and the individual questions in the file shall also be marked.
28. The questions shall be determined in such a way that they do not, if possible, repeat on a single test day.
29. A series of questions shall be drawn up by the candidate and communicated to the examiner by his serial number. This number shall be recorded in the test report. After reading the questions, the applicant shall indicate whether he understands the questions or needs an explanation for them. The form of the test questions shall be entered in the test report.
30. In addition to the basic questions raised by the applicant, supplementary questions may be asked on the substance of the basic questions. Additional questions are asked where the answers to the basic questions are incomplete or very inaccurate, so that it is not yet clear whether the candidate has passed or failed the oral examination.
III. ASSESSMENT OF SPECIAL ELIGIBILITY TESTS
Classification
31. Members of the Examination Board shall be required to follow uniform objective aspects and methodological guidance given by the Chairman of the Examination Board when assessing the answers of tenderers.
32. The written and oral examination shall be assessed by "passed" or "failed."
Classification degree "passed"
The applicant has demonstrated that he controls a specified substance to the extent required, that its content is both theoretically and practically, and on the basis of an overall assessment of the test, it can be assumed that it will be proven in practice in the performance of its activities.
Classification grade "failed '
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Regulation Information
| Citation | Decree of the Federal Ministry for Technical and Investment Development No. 8 / 1983 Coll., on special eligibility for certain activities under construction |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.01.1983 |
|---|---|
| Effective from | 01.04.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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