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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 06:26
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Chapter Law Content

Title: Construction Industry Act CH
Category: Ministry of the Interior(內政部)
Chapter 4 Staffing
Article 28
The principal of a construction enterprise may not be the principal, full-time engineer or jobsite director of another construction enterprise.
Article 29
Technical workers shall perform construction operations or quality control on the spot of worksite according to their expertise and the job specifications.
Article 30
Where a construction enterprise contracts a construction project above a certain currency amount or a certain scale, a field director shall be assigned at the jobsite during construction.
During the construction period, the above-mentioned field director may not concurrently assume the position of field director of another construction site.
The above-mentioned certain currency amount and scale shall be specified by the central competent authority.
Article 31
The jobsite directors shall have any of the following qualifications, and shall be evaluated as qualified by the central competent authority or acquire certificates of technician Grade A of construction engineering management under technical evaluation legislations by the central labor authority and hold the practicing certificates granted by the central competent authority:
1.Graduated from civil engineering, architecture, construction, hydraulic engineering, environment or related departments or specialties of colleges or higher, and having worked in civil or architectural engineering for over 2 years after graduation.
2.Graduated from civil engineering, architecture, construction or related subjects of vocational schools, and having worked in civil or architectural engineering for over 5 years after graduation.
3.Graduated from senior high schools or vocational schools, and having worked in civil or construction for over 10 years after graduation.
4.Passed the National Civil Ordinary Examination or exams of civil engineering, architecture or related subjects of special test equivalent to or higher than National Civil Ordinary Examination, and having worked in civil or architectural engineering for over 2 years after passing the test.
5.Possessing the certificates of architectural engineering management technician Grade A or Grade B, and having worked in civil or architectural engineering for over 3 years.
6.Jobsite directors in specialized construction enterprises shall be assumed by those who possess certificates of technician Grade A or Grade B of the corresponding specialty, and have worked in engineering of the speciality for over 3 years.
Before the enforcement of this act, those who are fit up with the fifth item in the last paragraph, and then finish certain hours of legislation courses stipulated by the central competent authority and also acquire the certificates, are reagrded as qualified.
To assume the position of jobsite director of a construction enterprise, anyone who has got a practicing certificate of jobsite director must obtain the retraining certificate of the latest four years for every four years.
To assume the position of jobsite director in a construction enterprise, anyone who has got a jobsite director training certificate jointly issued by Ministry of the Interior and the entrusted institution shall get the above-mentioned retraining certificate to acquire the practicing certificate issued by the central competent authority.
The jobsite directors should establish national construction industry jobsite directors union in the place where the central competent authority is located, and transact the businesses of jobsite directors management guidance and training. The jobsite directors should join in the national construction industry jobsite directors union. The national construction industry jobsite directors union may not reject any application for joining the union. Construction industries could recruit jobsite directors without the consent of construction industry jobsite directors union.
The procedure and standard for evaluation of worksite directors mentioned in the first paragraph as well as the term, causes, hours, implementation method, and management of retraining mentioned in the second paragraph and related affairs shall be prescribed by the central competent authority.
Article 32
The jobsite director of a construction enterprise shall take charge of the following affairs:
1.Construction according to construction plan and drawings.
2.Filling in daily construction logs.
3.Management of persons, machines, equipments and materials at the jobsite.
4.Supervision of labor safety and hygiene at the jobsite, maintenance of public environment and safety, as well as other jobsite administrative affairs.
5.Information of emergency and abnormity at the jobsite.
6.Other affairs that shall be handled by jobsite directors according to the law.
Where a jobsite director is not assigned for a construction project contracted by a construction enterprise according to Article 31, the full-time engineer or another person shall be designated to perform the above-mentioned work.
Article 33
Technical workers of certain kinds, percentage or number shall be assigned for the specific construction items of the works contracted by construction enterprises.
The above-mentioned specific construction items as well as the kinds and percentage or number of technical workers shall be determined by the central competent authority jointly with the central regulating department of labor affairs.
Article 34
The full-time engineers of construction enterprises shall be continuous practitioners, they may not be fixed-term contract workers, and they may not concurrently assume other operations or positions in a comprehensive construction enterprises or a specialized construction enterprises except those specified in Paragraph 4 of Article 66 of this Act.
Where the principal of a construction enterprise knows that the full-time engineer infringes the above provision, the principal shall notify the engineer to resign the part-time work or operations, and shall dismiss the engineer in case he/she doesn't resign the part-time work within the specified time limit.
Article 35
The full-time engineer of a construction enterprise shall take charge of the following affairs:
1.Review construction plans, and sign or seal after approval.
2.Sign or seal the commencement and completion reports and the work inspection report form.
3.Supervise construction according to drawings, and solve technical problems during construction.
4.Dispose the emergency and abnormity informed by the jobsite director.
5.Arrive upon the scene to give explanation when inspecting works, and sign or seal the work inspection documents.
6.Arrive upon the scene to examine the proportion of construction works that requires examination, and sign or seal the examination documents.
7.Provide explanation on the spot when the competent authority performs examination, and sign or seal the related documents.
8.Other affairs that shall be handled by full-time engineers according to the law.
Article 36
Principals of civil engineering contractors shall take charge of the affairs that shall be handled by jobsite directors and full-time engineers as prescribed in Articles 32 and 35.
Article 37
The full-time engineer of a construction enterprise shall inspect the engineering drawings and construction specification prior to and during construction. Where it is found that the drawings and specification are difficult for construction or likely to cause danger to the public, the engineer shall report to the principal of the construction enterprise in time.
The principal shall immediately inform the orderer about the above-mentioned matter, and appropriately dispose the case according to the improvement plan brought forward by the orderer. Where danger or damage is caused because the orderer doesn't bring forward an improvement plan in time after receipt of the foresaid information, the construction enterprise will not undertake the liabilities of compensation for damage.
Article 38
Where the principal or full-time engineer of a construction enterprise finds during construction that public danger is likely to be caused immediately, he/she shall take timely measures that are necessary for avoiding the danger and will not cause danger more serious than that could be caused by the danger. Where the danger is attributable to the orderer, the expenses for necessary measures shall be paid by the orderer, and the orderer may not refuse to pay the expenses without due reasons, unless otherwise prescribed in the contract.
Article 39
Where the principal or full-time engineer of a construction enterprise infringes Paragraph 1 and 2 of Article 37 or the above article and thus causes public danger, liabilities shall be undertaken separately according to the law and the actual circumstance.
Article 40
In case the full-time engineer leaves the job or cannot process operations due to certain reasons, the construction enterprise shall immediately report to the central competent authority for recording, and shall employ someone else within 3 months according to relevant provisions.
Where there is construction works to be continued during the above-mentioned period, an architect or technician who meets the original grade and class of the construction enterprise, and has not established office or been employed by a technical consultation institution or construction enterprise shall be entrusted to do the work of the full-time engineer.
The above-mentioned technician may only assume the work after having joined in the association.
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