Safety Facilities Of Construction Project "three Simultaneous" Interim Measures For The Supervision And Management

Original Language Title: 建设项目安全设施“三同时”监督管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334080.shtml

Safety facilities of construction project "three simultaneous" interim measures for the supervision and management

    (December 14, 2010 36th release from State administration of production safety supervision and management as of February 1, 2011) Chapter I General provisions

    First to strengthen safety management of construction projects, prevention and reduction of production safety accidents, security practitioners security of lives and property, according to the People's Republic of China production safety law and the work of the State Council on further strengthening the enterprise safety notice laws, administrative rules and regulations, these measures are formulated.

    Article by the people's Governments above the county level and the relevant authorities and approval, approval or for the record production and business operation entity of new construction, renovation or expansion projects (hereinafter referred to as project) the construction of safety facilities, supervision and management, application of this approach.

    Laws, administrative regulations and on the construction of safety facilities, supervision and management of construction project of the State Council otherwise provides, in accordance with its provisions.

    Article III the security facilities of construction projects in these measures refers to production and business operation entity is used in production and operating activities of production safety accident prevention equipment, facilities, equipment, structure (built) buildings and other technical measures in General. Fourth production and business operation entity is the responsibility of security facilities of construction projects. Safety facilities of construction projects must be the principal part of the project designed, built and put into production and use (hereinafter "three simultaneous").

    Investment in safety facilities shall be incorporated into the construction project budget estimates.

    Fifth the State administration of work safety safety facilities of construction projects throughout the country "three simultaneous" implementation of integrated supervision and management, and duties within the scope of the provisions of the State Council and its relevant departments under the State Council for approval, approval or for the record of the security facilities of construction project "three simultaneous" supervision and management.

    Local production safety supervision and management departments at or above the county level for the safety facilities of construction projects within the administrative area of "three simultaneous" implementation of integrated supervision and management, and the people's Governments at the corresponding level within the jurisdiction of the local government and related authorities for the safety facilities of construction projects, approval or for the record of "three simultaneous" supervision and management.

    Across two or more than two administrative regions of security facilities of construction project "three simultaneous" jointly by the supervision and management of production safety supervision and management departments to implement the people's Governments at a higher level.

    Level people's Governments on safety supervision and management departments in accordance with the needs, and can be responsible for the supervision and management of construction project security facilities "three simultaneity" work commissioned by the people's Governments at the supervision and administration of production safety supervision and management departments.

    Sixth of production safety supervision and management departments should strengthen the construction of safety facilities of construction project safety monitoring, implementation of the administrative license and its regulatory responsibilities, supervise the production and business operation entity implement security infrastructure responsibilities.

    Chapter II construction project demonstrated the security conditions and safety assessment

    Article seventh following the construction of the project feasibility study, production and business operation entity shall be respectively to their safe production conditions demonstration and safety assessment:

    (A) non-coal mine construction project;

    (B) the production and storage of hazardous chemicals (including the use of long-distance pipeline transportation of dangerous chemicals, the same below) construction project;

    (C) the production and storage of fireworks and construction projects;

    (D) the chemical, metallurgical, nonferrous metals, building materials, machinery, light industry, textile, tobacco, trade, military, highways, waterways, rail transportation, electric power and other industries of national and provincial key construction projects;

    (E) the provisions of laws and administrative rules and regulations of other construction projects. Eighth production and business operation entity of the article seventh argument construction projects under safe conditions, safety report shall be compiled.

    Safety report shall include the following information:

    (A) the inherent danger and harmful factors of construction project and its impact on safety;

    (B) construction projects and facilities (units) production, business activities and living interaction in security matters;

    (C) the effect of local natural conditions on work safety of construction projects;

    (D) other content that require proof.

    Nineth production and business operation entities shall entrust a qualified security assessment agency, its safety assessment of construction projects, and prepare a safety evaluation report.

    Safety evaluation of construction project reports shall conform to the provisions of the national standard or industry standard.

    The production and storage of hazardous chemicals safety assessment of construction projects, inter alia, in accordance with the provisions of the second paragraph of this article, shall comply with the provisions related to dangerous chemicals and construction projects.

    Tenth Article seventh herein other than those provided for other construction projects, production and business operation entities shall on its comprehensive analysis of the safe production conditions and facilities, a written report, and in accordance with the provisions of the present article fifth reported production safety supervision and management departments.

    Chapter III examination designs of safety facilities of construction project

    11th in preliminary design of construction projects, the production and business operation entities shall entrust a qualified designer to design the security facilities of construction projects, the preparation of safety review. Designs of safety facilities must comply with the relevant laws, rules and regulations and the provisions of the State standards or industrial standards, technical specifications, and, where possible, the use of advanced technology and reliable equipment, facilities, and technology.

    This construction project designs of safety facilities provided for in article seventh should also fully consider the safety evaluation of construction project security measures proposed in the report.

    Safety design, the design shall be responsible for its design documentation prepared.

    12th construction project safety review shall include the following information:

    (A) the design basis;

    (B) overview of construction projects;

    (C) the project involves the construction of dangerous and harmful factors and safety analysis of dangerous, harmful and the surrounding environment;

    (Iv) construction and site layout;

    (E) analysis of major hazards and inspection and monitoring;

    (F) safety devices designed to take preventive measures;

    (VII) safety management organization establishment or production safety management staff;

    (H) education and training of employees;

    (IX) technology, the advanced technology and equipment, facilities and reliability analysis;

    (J) the special investment budget for safety facilities;

    (11) safety assessment of security countermeasures and suggestions contained in the report;

    (12) the expected results and the existing problems and suggestion;

    (13) the accident prevention and emergency rescue measures that may arise;

    (14) the provisions of laws, regulations, rules and standards should note other matters.

    13th article of the article seventh subparagraph (a), (b), (c) provision of safety facilities of construction project completion of design, production and business operation entity shall, in accordance with the provisions of this article fifth review application to production safety supervision and management departments, and submit the following documents:

    (A) the construction of project examination and approval, approval or for the record file;

    (B) the review of applications by designs of safety facilities of construction projects;

    (C) the design unit design qualification certificate;

    (D) preliminary design report and safety special construction projects;

    (E) construction project safety assessment report and related documents;

    (Vi) other documents required by laws, administrative regulations, and rules information.

    Safety supervision and management departments upon receipt of the application, to fall within the responsibilities of the Department, should be reviewed in a timely manner, and within 5 working days after receipt of the application to accept or not to accept the decision, inform the applicant in writing; does not fall within the mandate of the Department, and relevant documentation should be forwarded to the production safety supervision and management departments have the right to review, and advise the applicant in writing.

    The article seventh subsection (iv) provision of safety facilities of construction project completion of design, production and business operation entity shall, in accordance with the provisions of this article fifth production safety supervision and management departments, and submit the following documents:

    (A) the construction of project examination and approval, approval or for the record file;

    (B) preliminary design report and safety special construction projects;

    (C) construction project safety assessment report and related documents. Article 14th has accepted the review of applications by designs of safety facilities of construction projects, work safety supervision and management departments should be made within 20 working days from the date of the acceptance decision on whether to approve and advise the applicant in writing.

    Cannot make a decision within 20 working days, approved by the Department head, and can be extended by 10 working days, and shall inform the applicant in writing of the reasons for the extension.

    15th construction project designs of safety facilities in any of the following circumstances shall not be approved, and shall not commence the construction of:

    (A) no construction of project examination and approval, approval or for the record file;

    (B) has appointed a qualified designer to design;

    (C) the safety assessment report prepared by the qualified security assessment agency is not made;

    (D) is not in accordance with the relevant laws and regulations on safety, regulations and national standards or industrial standards, technical norms for the design;

    (E) have not yet accepted the safety assessment of safety measures and recommendations contained in the report, and no adequate evidence;

    (F) does not comply with other conditions stipulated by laws and administrative regulations.

    Safety facilities of construction projects not approved by design review, after rectification of production and business operation entity may apply to the review of sectoral review.

    16th and their designs of safety facilities of construction projects already approved by any of the following circumstances, the production and business operation entity shall be reported to the original authority for examination and approval without examination and approval, and shall not commence the construction of:

    (A) the scale of construction projects, production technology, materials, equipment, great changes have taken place;

    (B) changing the designs of safety facilities and may reduce safety;

    (C) in the redesigned during construction.

    17th seventh article herein other than designs of safety facilities of construction projects, organized by the production and business operation entities to review, a written report, and in accordance with the provisions of the present article fifth reported production safety supervision and management departments.

    The fourth chapter safety facilities of construction projects in construction and final acceptance
18th construction safety facilities of construction projects should be made by qualified construction units and construction of the main part of the project and construction projects.

    The construction unit shall, in the preparation of construction organization design safety measures and a programme of temporary electricity in construction site, while the more dangerous parts project specific construction program for the preparation in accordance with law, and affix the safety check results signed by the Technical Director, Chief Engineer for construction before implementation.

    Construction units should be strictly in accordance with the safety equipment design and construction technical standards and specifications, construction and security engineering is responsible for the quality of the facilities. 19th construction unit discovered omissions in the safety facilities design documents, shall be submitted to the production and operation units, design units in time.

    Production and operation units, design units should be processed in a timely manner. Construction unit found in the security infrastructure when there is a major accident hazards, should immediately stop the construction and improvement of the production and business operation entities report.

    After passing the corrective action in order to resume construction.

    20th the construction supervising units shall review the construction organization design of safety measures or specific construction program for compliance with the engineering construction compulsory standard. Project supervision in the course of supervision, found accidents, construction unit should be required corrective action; in severe cases, construction units should be required to suspend construction, and report production and business operation entity.

    Construction unit refused to reform or not to stop the construction, the construction supervising units shall promptly report to the competent authorities.

    Engineering supervisor, the supervisor shall, in accordance with laws and regulations and the supervision of engineering construction compulsory standard and safety facilities for the engineering quality supervision responsibility.

    21st construction projects once the security facilities, production and business operation entities shall check the safety devices, on the timely rectification of problems found.

    22nd article this way article seventh after the completion of construction projects, according to construction project commissioning (including production, use, the same below) should be put into production or use before the test run.

    Test running time should be no less than 30th, most no longer than 180 days, relevant departments of the State except for the provisions or the specific requirements of the industry.

    Construction projects for production and storage of hazardous chemicals should be in project commissioning before commissioning programme is responsible for production safety supervision and management departments of construction project security permissions.

    23rd security facilities of construction project completion or after the test run is completed, production and business operation entities shall entrust a qualified security assessment agency assessment on safety facilities, and safety evaluation of construction project reports.

    Construction project safety assessment report shall conform to the provisions of the national standard or industry standard.

    The production and storage of hazardous chemicals safety assessment of construction projects, inter alia, in accordance with the provisions of the second paragraph of this article, shall comply with the provisions related to dangerous chemicals and construction projects.

    24th article this article seventh subparagraph (a), (b), (c) provision of construction projects completed and put into production or use, production and business operation entity shall, in accordance with the provisions of this article fifth application completion and acceptance of safety facilities to production safety supervision and management departments, and submit the following documents:

    (A) the safety facilities acceptance application;

    (B) security design review submissions (copy);

    (C) construction qualification certificate (copy);

    (D) construction project safety materials for inspection and rectification of the problems identified in the evaluation report;

    (E) safety management organization establishment or production safety management staff;

    (F) staff security training, education and qualifications;

    (VII) other documents required by laws, administrative regulations, and rules information.

    Security facilities need to test run (production and use) should also provide self reports.

    Safety supervision and management departments upon receipt of the application, to fall within the responsibilities of the Department, should be reviewed in a timely manner, and within 5 working days after receipt of the application to accept or not to accept the decision, and shall inform the applicant does not fall within the mandate of the Department, and relevant documentation should be forwarded to the production safety supervision and management departments have the right to review, and advise the applicant in writing.

    The article seventh subsection (iv) provision of construction projects completed and put into production or use, production and business operation entity shall, in accordance with the provisions of this article fifth production safety supervision and management departments, and submit the following documents:

    (A) the safety facilities designed for filing submissions (copy);

    (B) the contractor in terms of qualification certificate (copy);

    (C) construction project safety materials for inspection and rectification of the problems identified in the evaluation report;

    (D) production management settings or safety management staff;

    (E) safety education, training and qualifications of employees.

    Security facilities need to test run (production and use) should also provide self reports. 25th has been accepting applications for safety facilities of construction project completion acceptance, work safety supervision and management departments should be made within 20 working days from the date of acceptance of eligibility decision and inform the applicant in writing.

    Cannot make a decision within 20 working days, approved by the Department head, and can be extended by 10 working days, and shall inform the applicant in writing of the reasons for the extension.

    26th the security facilities of construction projects have one of the following circumstances, unqualified acceptance, and shall not be put into production or use:

    (A) the construction of not selecting a qualified construction units;

    (B) is not in accordance with the security facilities of construction projects design papers or quality does not meet the requirements of security facilities of construction project design documents;

    (C) the security facilities of construction projects the construction does not comply with the relevant national technology standards;

    (D) not selecting a qualified security assessment providers to safety assessment or safety assessment is not qualified;

    (E) does not comply with the safety facilities and safety conditions of work safety laws, regulations and rules and national or industrial standards, technical norms;

    (Vi) to find construction accident during the test run does not fix;

    (VII) failing to set management agencies or personnel for the administration of production safety;

    (VIII) without safety education and training of employees or do not have the appropriate qualifications;

    (I) does not meet other requirements stipulated by laws and administrative regulations.

    Safety facilities of construction project completion acceptance does not pass, after rectification of production and business operation entity may apply to the original acceptance authority again for acceptance.

    27th article this way article seventh outside the safety facilities of construction project completion, implemented by the production and business operation entity organization, a written report, and in accordance with the provisions of the present article fifth reported production safety supervision and management departments.

    28th production and business operation entity shall be in accordance with the provisions of the archives management, establish safety facilities of construction project "three simultaneous" file archive and preservation.

    29th construction project simultaneously with the principal part of the project safety facilities designed, constructed and put into use simultaneously, work safety supervision and management departments of administrative licensing shall not be associated with this approval, and order the production and business operation entity immediately to stop the construction, within a time limit violations, relating to the production and business operation entity and shall be subject to administrative sanctions.

    The fifth chapter legal liability

    Article 30th security facilities of construction project "three simultaneous" violation of the regulations, work safety supervision and management departments and their staff to give approval or permits issued, shall be given administrative sanctions.

    31st production and business operation entity in violation of the regulations, provisions of this article seventh conditions of work safety of construction projects yet to be demonstrated and the safety assessment of, be warned, may be of less than 10,000 yuan and 30,000 yuan fine.

    Production and business operation entity in violation of the regulations, other than the provisions of this article seventh construction projects without safety conditions and facilities for comprehensive analysis and a written report and reported production safety supervision and management departments and give a warning, and may be fined not more than 5000 Yuan and 20,000 yuan.

    32nd article this article seventh subparagraph (a), (b), (c) construction projects under any of the following circumstances, a rectification; fails to mend, shall be ordered to stop construction or suspend production or business for rectifications, may be fined not more than 50,000 Yuan:

    (A) no safety equipment design or designs of safety facilities are not in accordance with the provisions of the safety supervision and management departments for examination and approval, work without authorization;

    (B) construction safety devices that are not in accordance with the approved design and construction;

    (C) put into production or use, without acceptance of safety facilities.

    33rd article this article seventh paragraph (d) of construction projects under the following circumstances, given a warning and a fine of 10,000 yuan and 30,000 yuan the following:

    (A) no safety equipment design or designs of safety facilities failing to work safety supervision and management departments;

    (B) the construction unit without safety facilities design and construction;

    (C) put into production or use, acceptance may not be in accordance with the provisions of safety facilities to production safety supervision and management departments.

    Article 34th safety facilities of construction projects already approved by significant changes in the design, production and business operation entity has not started construction without the permission of the original authority review, rectification, and to a fine of up to 10,000 yuan and 30,000 yuan.

    35th article of the article seventh construction projects other than those provided for in any of the following circumstances, the production and business operation entity shall be ordered to rectify, and may be fined not more than 5000 Yuan and 30,000 Yuan:

    (A) no designs of safety facilities;

    (B) the designs of safety facilities are not the organizational review, a written review and reported production safety supervision and management departments;

    (C) the construction unit without safety facilities design and construction;
(D) failing to organize acceptance of safety facilities, a written report and reported production safety supervision and management departments.

    36th article bear construction project security evaluation of institutions fraud, and issued false report, yet constitute crime of, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above five times times following of fine; no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following of fine, on its directly is responsible for of competent personnel and other directly responsibility personnel at 5000 Yuan above 50,000 yuan following of fine; to others caused damage of,

    With production and business operation entities shall bear joint liability.

    For organizations where there are violations of the preceding paragraph, revoke the corresponding qualifications. 37th article of the administrative penalties stipulated in ways determined by the work safety supervision and management departments.

    Legal and administrative regulations on administrative penalties for variety, amplitude and the authorities otherwise provided, in accordance with its provisions.

    Safety supervision and management departments should be handled by other departments of "three simultaneous", it should be transferred to the relevant departments in a timely manner and documented for future reference.

    The sixth chapter supplementary articles 38th article of the rules take effect on February 1, 2011.