Polaris solar PV net news: for our engineering, China enacted the People’s Republic of China construction law (law), the construction engineering quality management regulations (regulations), the construction engineering safety management regulations (regulations), the Supreme People’s Court on construction contract dispute case of the interpretation of the applicable law (judicial interpretation) and a series of laws and regulations. As the “leader” of the People’s Republic of China construction law (hereinafter “construction law”), the article “in the People’s Republic of China engaged in construction activities, implement supervision of construction activities shall abide by this law. Construction activity in this law refers to all types of buildings and ancillary facilities of the building and its matching lines, piping, equipment installation activities “. So, for housing construction projects other than whether building laws should apply? As one of the construction project of photovoltaic power generation project, building laws should apply?
A type of project, photovoltaic power generation project is a Member
Photovoltaic power generation project, according to the photovoltaic generation code for engineering acceptance (GB/T50796-2012) provides that refers to the use of PV modules convert solar energy to electrical energy, and engineering of the electrical connection to the public grid, photovoltaic modules, inverters, lines and other electrical equipment, control systems and building (structures) composition. According to the photovoltaic power station construction regulations (GB50794-2012), and photovoltaic power generation project by the following 5 project consists of:
1. civil engineering, including: earthwork engineering, and bracket based (and the boost station based, and high low voltage disc Cabinet based, and inverse variable device based, and equipment based), and site and the underground facilities (including cable ditch, and to drainage pipeline, and), and built (frame) built real (including integrated floor, and distribution room, and boost station, and inverse variable device small room, and door and the wall,).
2. installation, including the following: bracket, PV modules installed, combiner box installation inverter installation, electrical secondary system, and other electric equipment, lightning protection and grounding of overhead lines and cables. Said equipment belonging to photovoltaic devices.
3. the Green Project (within the scope of environmental protection projects), the photovoltaic plant of greening. Project owners sometimes require “environmental and soil and water conservation engineering”, including environmental protection, construction of water and soil conservation. In view of the “green project” and “environment and soil and water conservation engineering” are also subject to the protection of the environment, which can be classified as environmental protection project categories.
4. Security Engineering, including (installation) video surveillance system.
5. fire works, including (installed) automatic fire alarm systems and fire extinguishing systems.
You can see from above 5 parts, engineering major from civil engineering, solar PV power generation equipment installation engineering (including installation engineering, fire protection engineering, security engineering), green project, the three parts. According to the standards for classification of construction project (GB/T50841-2013) provides that construction works are divided into construction, civil engineering, electrical and mechanical services. Which, “civil engineering” belongs to “construction” (as “built (frame) built real”), PV equipment installation engineering belongs to “electrical and mechanical services” (“electrical and mechanical services-electronic and communications and the broadcasting Engineering-electronic equipment engineering-photoelectron equipment installation engineering-PV equipment installation engineering”), “green engineering” belongs to “civil engineering” (“civil engineering-Road Engineering-other engineering-environmental protection Engineering-Green engineering”). That is to say, PV is the construction, civil engineering, electrical and Mechanical Services (or equipment installation engineering) complex.
Second, the construction project should apply construction law
81st construction law provides that “this law on construction permits, construction Enterprise qualification review and contract awarding for construction projects, Contracting, the prohibition on subcontracting, and supervision of construction projects, building safety and quality requirements, applies to the construction of other major construction activities, and the specific measures formulated by the State Council”. On November 1, 1997 the building after the law was enacted, on the subjects of construction engineering quality management under the State Council on January 30, 2000, according to building law enacted the regulations on the management of construction engineering quality. It is also the first of the Ordinance and construction law supporting the execution of the administrative regulations.
Section II of the Ordinance provides that “the People’s Republic of China territory of the new construction, expansion, renovation and other related activities and implementation of construction project quality supervision and management, must comply with these regulations. Construction projects mentioned in these regulations refers to civil engineering, construction engineering, circuit pipelines and equipment installation and fitting “. Can be found, construction law, (more strict is “building code provisions relating to quality management”, its scope is limited to “construction work”; Accordingly, the scope of application of the provisions of the Ordinance also includes “civil engineering, wires, pipelines and equipment installation and decoration engineering”. In other words, the regulation that “civil engineering, wires, pipelines and equipment installation and decoration engineering” are building law says “other specialized construction activities construction.” So, whether the provisions of the Ordinance broke through the provisions of the building code? I think that its provisions did not break through the provisions of the construction Act, specific reasons are:
1. the form and the legal effectiveness of the existing legal system in China, when formulating lower level law cannot contravene with the host computer, could not break through the upper law provisions. The construction engineering quality management regulation is formulated according to building law, is building the lower law. Application of the construction engineering quality management regulation so far, nobody thinks that its violation of the provisions of the construction Act or, otherwise, the scope of application of article II of the Ordinance was modified earlier. At this time, only that the Ordinance extended the provisions of the construction Act, not conflicting or contradictory.
2. “construction” was, apart from the buildings, but also represents an activity, that is, “build”. “Building” the word has two meanings: one is “created”, such as the project from investment projects, construction (completed), transfer of use and benefits realized from scratch; the second is “build” is equivalent to “construction”. This State separate legislation on investment projects, construction projects can be seen. In the “construction” in this sense, the “architecture” and “building” are reflected as “construction” means. Then “construction law” or “law on construction requirements” of the construction engineering quality management regulation “regulations on construction quality management”.
3. construction activity is not set in stone. Building code legislation, construction is the most common type of Engineering; along with the economic development, construction activities are more and more, more and more professional, “building” shell has been unable to cover a wide range of construction activities, gradually using the “building” the term. 1999 the People’s Republic of China contract law does not use “construction work” Word instead of “construction project”, also reflects this trend, this change.
To this end, besides the construction of other types of construction projects, should also apply to construction law.
Original title: photovoltaic power generation project is to be applied to the construction law?