When starting or planning a building investment, one should properly prepare for it. Starting from the idea, through the project and implementation, until the moment of completion of the construction works, there will be a lot of difficulties and matters that will require solving. There is a number of regulations, laws, and procedures that must be known and respected in order to achieve success at every stage of implementation of the investment.
The correct course of such building processes is controlled by the Construction Law Act and a number of related acts and regulations. That act clearly defines the distribution of obligations between the participants of the building process. When someone undertakes to conduct a building investment that includes construction, renovation, rebuilding, or even demolition of a building structure, there are, of course, other persons required in addition to the investor: the site manager and the investor’s supervision inspector.
Pursuant to Art. 17 and 18 of the Act dated 7 July 1994, the Construction Law Act (Polish Journal of Laws, 1994 No. 89 item 414 with further amendments)
The participants of a building process, within the meaning of the Act, are:
1) THE INVESTOR
2) THE DESIGNER
3) The investor's supervision inspector
The investor’s supervision inspector
The investor’s supervision inspector must only be a person who holds proper building qualifications and is a member of the chamber of the professional association, confirmed with a certificate issued by that chamber, with a specified validity date.
The obligation of appointing the investor’s supervision inspector is determined in the Regulation of the Minister of Infrastructure dated 19 November 2001.
On types of building structures, the implementation of which requires the appointment of the investor’s supervision inspector (Polish Journal of Laws No. 138, item 1554).
In other cases, the appointment of the investor’s supervision inspector is not mandatory (unless such an obligation is imposed by the decision on the building permit).
However, the appointment of the investor’s supervision inspector is to the advantage of the investor. The investor’s supervision inspector will protect interests of the investor, ensure good quality of performed works, commissioning, as well as reliable financial settlement of the construction.
Pursuant to Art. 25, 26, and 27 of the Act dated 7 July 1994, the Construction Law Act (Polish Journal of Laws, 1994 No. 89 item 414 with further amendments)
THE BASIC OBLIGATIONS OF THE INVESTOR’S SUPERVISION INSPECTOR ARE:
to represent the investor at the construction site through control of the compliance of its implementation with the project or the building permit, regulations, and the principles of technical knowledge;
to inspect the quality of performed construction works and to ensure that the materials provided in art. 10 are used for implementation of such construction works;
inspection and commissioning of construction works to be covered or sealed, participation in tests and technical commissioning of installations, technical devices, and chimney flues, as well as preparation and involvement in commissioning of completed building structures and handing over of such structures for use;
confirmation of factually performed works and removed defects, as well as, upon the investor’s request, supervision over settlements concerning the construction.
THE INVESTOR’S SUPERVISION INVESTOR HAS THE RIGHT TO:
- issue orders to the site manager or works manager that are confirmed with an entry in the construction logbook and that refer to: removal of irregularities or danger, performance of tests or inspections, including those that involve uncovering covered works or elements, present expertise from the conducted construction works, present information and documents confirming the fact that products specified in art. 10 are used for construction works, as well as present information and documents that confirm the permit to use technical devices;
- order the site manager or the works manager to implement corrections or a new implementation of defective works, as well as to suspend construction works in the case in which their continuation may lead to a hazardous situation or result in an unacceptable non-compliance with the project or the building permit.
- in case of construction of a building structure that requires the appointment of investor’s supervision inspectors within the scope of various specialties, the investor appoints one of the inspectors as the coordinator of their activities at the construction site.
SITUATIONS WHEN IT IS MANDATORY TO APPOINT THE INVESTOR’S SUPERVISION INSPECTOR:
Pursuant to the Regulation of the Minister of Infrastructure dated 19 November 2001
on types of building structures, the implementation of which requires appointment of the investor’s supervision inspector (Polish Journal of Laws No. 138, item 1554):
The appointment of the investor’s supervision inspector is required for construction of, among others, the following building structures:
- of public utilities and collective residence with cubature of 2500m3 and higher;
- entered into the register of monuments within the scope of reconstruction, extension, and performance of renovation and repairs;
- buildings and structures:
- of height of 15m over the terrain and higher,
- with a room endangered by explosion within the meaning of fire regulations,
- that require acknowledgment of movements of the surface, including those caused by mining exploitation,
- with installed electric power of 1000kW and higher,
- technical structures with cubature of over 2500m3, connected with building structures that have been provided for in point 12,
- bridge constructions of all types, including viaducts, flyovers, and other similar structures;
- dams and flood banks with height of 3m and higher or protecting cities, settlements, agricultural areas, or forests with area over 1000ha, and technical structures related with such building structures; underground and surface tank structures for solid material, liquids, and gas:
- hazardous for people and the environment,
- with height or depth of 5m and higher, used for storage and removal, usage and disposal of waste;
national, provincial, and district roads and the directly related building structures, including tunnels and other structures;
rail roads, including buildings, structures, and machines intended for traffic;
The appointment of the investor’s supervision inspector is also required for implementation of building structures or their parts that contain:
-with span of 12m and higher, overhang of 3m and higher, or the height of one story of 6m or higher,
-subjected to payload of 5kN/m2 and higher, alternating movable load, as well as dimensioned load with acknowledgment of dynamic and thermal factors, material shrinkage, or shifts of supports,
-compressed at the construction site or at the place of their building into the building structure.
4) Site manager
The site manager must only be a person who holds proper building qualifications and is a member of the chamber of professional association, confirmed with a certificate issued by that chamber, with a specified validity date.
Construction law imposes on the investor the obligation to appoint a site manager. Every construction site must have a site manager or a person that will manage the construction works.
Pursuant to Art. 22 and 23 of the Act dated 7 July 1994, the Construction Law Act (Polish Journal of Laws, 1994 No. 89 item 414 with further amendments)
THE BASIC RESPONSIBILITIES OF A SITE MANAGER ARE:
- to perform a protocol of acceptance from the investor and proper securing of the construction site with included building structures, technical equipment, geodetic control network, and elements of natural and culture environment that are subject to protection;
- to maintain the documentation of the construction site;
to provide geodetic demarcation of the structure, organize the construction, and manage the construction of the construction facility in a way that is compliant with the project or the building permit, regulations, including technical and construction laws, and regulations concerning occupational health and safety;
- to coordinate implementation of tasks that are to prevent from threats to safety and protection of health:
- with elaboration of technical or organizational assumptions of the planned construction work or its individual stages that are to be conducted simultaneously or one by one,
- with planning the time required to complete the construction work or its individual stages;
- to coordinate operations providing compliance of performed construction works with the principles of occupational health and safety provided for in provisions specified in art. 21a section 3, and in the health and safety plan;
- to implement the necessary changes in information mentioned in art. 20 section 1 point 1b and in the health and safety plan and arising from the progress of performed construction works;
- to undertake actions that prevent unauthorized persons from entering the construction site;
- to ensure that during the construction works, products pursuant to art. 10 are used;
- to withhold construction work in case of identification of a possibility of danger and to immediately notify a relevant body about such danger;
- to notify the investor about the record into the construction logbook concerning suspension of construction works due to performance that is non-compliant with the project;
- implementation of instructions entered in the construction logbook;
- to submit to the investor performed work to be covered up or sealed for verification or acceptance and to ensure that the required by law or agreed in the contract tests or inspections of installations, technical devices, and chimney flues are carried out prior to submission of the building structure for acceptance;
- to prepare the post-implementation documentation of the building structure;
- to submit the building structure for acceptance with a relevant entry in the construction logbook and to participate in activities connected with acceptance, as well as to ensure that identified defects are removed and to provide the investor with the declaration that is provided for in art. 57 section 1 point 2.
THE SITE MANAGER HAS THE RIGHT TO:
- request the investor to change project solutions, if such changes are justified with the necessity of increasing safety of implementation of construction works or lead to improvement of the construction process;
- respond to the instructions included in the construction logbook.
ADDITIONAL SERVICES PROVIDED BY THE SITE MANAGER THAT DO NOT RESULT FROM THE PROVISIONS OF THE CONSTRUCTION LAW:
- content-related support in the proceedings that precede the commencement of construction works;
- preparation of the Safety and Health Protection Plan;
- support in selecting contractors for construction works and providing opinion on or preparing contracts for construction works;
- technical opinions;
- preparation of investor, post-implementation, and replaceable cost estimates;
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It is not acceptable to connect the function of the site manager with the function of the investor’s supervision inspector.
!!! The site manager is also the manager of the demolition site!!!
Important: during construction, rebuilding, reconstruction, preparation of superstructure, extension, renovation, demolition, and construction works, in most cases there is an imposed (by the Construction Law Act or by a relevant body) obligation to ensure that the position of the site manager or supervisor over construction works is taken by a person who holds proper building qualifications of the correct specialty.
The investor, as one of the participants of the building process, is obligated to:
- Organize the construction process with acknowledgment of safety and health protection rules included in regulations and, particularly, to ensure:
- preparation of the construction project and, as needed, of other projects,
- taking the responsibility of managing the construction by the site manager,
- preparation of the safety and health protection plan,
- implementation and commissioning of construction works,
- in situations justified by the high complexity of construction works or conditions of land, ensure supervision over implementation of construction works by persons with proper professional qualifications.
- The investor can stablish the investor’s supervision inspector for the purpose of the construction site.
- The investor may obligate the designer to conduct supervision on behalf of the designer.
In the decision on the building permit, a relevant body may impose on the investor the obligation of appointing the investor’s supervision inspector, as well as the obligation of ensuring supervision on behalf of the designed in situations justified by the high complexity of the structure or construction works or due to the expected impact on the environment.