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Implementation Measures For The Security Clearance Of Hazardous Chemical Construction Project

Original Language Title: 危险化学品建设项目安全许可实施办法

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(September 2, 2006, the State administration of work safety announced as of October 1, 2006, 8th) Chapter I General provisions article in order to strengthen the management of construction safety supervision of dangerous chemicals, standardize construction project safety license of hazardous chemicals, according to the work safety Act and the regulations on the safety management of dangerous chemicals, and these measures are formulated.
    Article People's Republic of China territory, renovation, expansion of production of dangerous chemicals, storage devices and facilities, accompanied by dangerous chemicals chemical production equipment and facilities construction (hereinafter referred to as the construction project), its security clearance, supervision and management, application of these measures.
    Exploration, exploitation and its supporting storage of hazardous chemicals, oil and gas transmission pipelines and their auxiliary storage, the storage of town gas-assisted construction projects, not to apply the measures for its implementation.
    This article mentioned in the implementing measures set up building security clearance of the project refers to the construction of the project (approval, approval, for the record) before the security reviews, designs of safety facilities of construction project completion review and acceptance.
    Safety permits applied for by the owner of the construction project, work safety supervision and management departments in accordance with the measures for the implementation of classification is responsible for the implementation.
    Construction projects without permission from the security, shall be built or put into production (used).
    Fourth article national safety supervision management General (following referred to security regulatory General) Guide, and supervision national construction project security license implementation work, and is responsible for implementation following construction project of security license: (a) State approval (approved, and record) of; (ii) central enterprise investment by State investment competent sector approval (approved, and record) of; (three) across province, and autonomous regions, and municipalities of; (four) legal, and administrative regulations provides of other construction project.
    Safety supervision and management departments of provinces, autonomous regions and municipalities to guide and supervise the administrative area of the security clearance of the construction project, in accordance with the relevant laws, regulations and decisions of the State Council, determined and announced by the Department and the district people's Government municipal work safety supervision and management departments are responsible for implementing construction projects other than those stipulated in the preceding paragraph, and reported to the State administration of work safety record.
    The fifth section is responsible for the implementation of safety supervision and management departments of the security clearance of the project (hereinafter referred to as building security clearance of the project implementation Department) security clearance can be responsible for the implementation of construction projects, entrust other administrative departments.
    Commissions shall not be accepted by the Administrative Department of security clearance work of construction project to Commission other unit.
    Second chapter construction project established security review sixth article construction project location Shi, units should on construction project established of following security conditions for argument: (a) construction project inner of dangerous, and harmful factors on construction project around units production, and business activities or residents life of effect; (ii) construction project around units production, and business activities or residents life on construction project of effect; (three) local natural conditions on construction project of effect.
    Article seventh before applying for construction project safety review, the construction unit shall choose qualified security assessment providers to establish safety evaluation of construction project.
    Following construction project should by class a security evaluation institutions for security evaluation: (a) State and investment competent sector approval (approved, and record) of; (ii) province, and autonomous regions, and municipalities Government and investment competent sector approval (approved, and record) of; (three) production toxic chemicals of; (four) across province, and autonomous regions, and municipalities of; (five) security regulatory General and province, and autonomous regions, and municipalities government safety supervision management sector has special requirements of.
    Eighth Security Agency should be based on the relevant safety laws, rules, regulations and standards, safety evaluation of the construction project, and is responsible for construction project safety assessment report issued by.
    Construction project established security evaluation report including following main content: (a) construction project profile; (ii) raw materials, and middle products, and eventually products or store of dangerous chemicals of physico-chemical performance index; (three) dangerous chemicals packaging, and store, and transport of technology requirements; (four) construction project of dangerous, and harmful factors and dangerous, and harmful degree; (five) construction project of security conditions; (six) main technology, and process or way and device, and equipment, and facilities and security reliability; (seven) security countermeasures and recommends.
    Nineth article construction project established Qian, units should to and this implementation approach fourth article provides corresponding of construction project security license implementation sector application construction project established security review, and submitted following file, and information: (a) construction project established security review applications; (ii) construction (planning) competent sector issued of construction project planning license file (copies); (three) construction project security conditions argument report; (four) construction project established security evaluation report;
    (E) issued by the administrative departments for industry and commerce business license or business name prior approval written notice (a copy of).
    Construction project has been accepted by the tenth review of applications by setting up security, implementation of construction project security licensing departments shall assign the relevant personnel or experts on the construction project safety review of the application documents and information reviewed, if necessary, field verification should be on a construction project.
    Responsible for review should be based on the relevant safety laws, rules, regulations and standards, on a construction project safety and reliability and safety assessment of construction project review comments on the report. Implementation of construction project security licensing departments shall be responsible for reviewing proposed consideration of the review, to agree or do not agree with the decision to establish the security review of construction projects, and the 20th, as at the date of acceptance of the application issue a construction project to construction unit established within security review submissions.
    20th cannot make a decision, approved by the security clearance of the construction project implementation Department head, you can extend the 10th, and will be informed of the reasons for such further period the construction unit. 11th article units submitted of construction project established application file, and information has following case one of of, security review not through: (a) construction project involved dangerous, and harmful factors not full analysis, and identification of; (ii) construction project involved dangerous, and harmful degree analysis, and judge not accurate of; (three) not for security conditions argument or argument not full of; (four) main technology, and process or way and device, and equipment, and facilities not determine of; (five) security facilities of countermeasures and recommends not meet legal, and regulations, and
    Rules and regulations and the relevant State safety standards, (vi) does not select the appropriate qualification of safety evaluation for safety evaluation of agencies and (VII) provided false documents and materials.
    12th security review of a failed construction project, the construction unit after rectification can once again apply to the review Department construction project safety review. Has through security review of construction project has following case one of of, units should to original review sector application change construction project established security review: (a) construction project external security protection distance occurred changes of; (ii) change construction address of; (three) change main device, and equipment, and facilities plane layout of; (four) change technology, and process or way and main device, and equipment, and facilities of; (five) construction project involved of dangerous chemicals varieties, and category, and
    Than have passed security reviews the scope of construction projects.
    Chapter III safety facilities of construction project design review 13th designs of safety facilities of construction projects should be made by appropriate design qualification of design units, design units responsible for the designs of safety facilities of construction projects. Design units should be based on the relevant safety laws, rules, regulations and standards as well as the safety assessment report of construction projects, to design the security facilities of construction projects, staffing and organization design designs of safety facilities of construction project special.
    Construction project security facilities design designed article including following content: (a) construction project profile; (ii) construction project involved of dangerous, and harmful factors and dangerous, and harmful degree; (three) construction project established security evaluation report in the of security countermeasures and recommends adopted situation description; (four) used of security facilities and measures; (five) may appeared accident prevention and the emergency rescue measures; (six) security management institutions of set and the personnel equipped with; (seven) security facilities investment estimates; (eight) conclusion and recommends.
    14th article units should in construction project security facilities design all completed Hou, to and this implementation approach fourth article provides corresponding of construction project security license implementation sector application construction project security facilities design of review, and submitted following file, and information: (a) construction project security facilities design of review applications; (ii) construction project established security review submissions (copies); (three) design units of design qualification proved file (copies); (four) construction project security facilities design designed article;
    (E) other material requested in the review.
    Has been accepted by the 15th review application designs of safety facilities of construction projects, construction project safety enforcement departments shall assign the relevant personnel or experts, to review the application documents and materials, agree or disagree with designs of safety facilities of construction project special decisions, and provide safety facilities of construction project design review submissions.
    16th article construction project security facilities design has following case one of of, review not through: (a) not after construction project established security review or by security review not through of; (ii) not select corresponding qualification of design units for design of; (three) not according to about safety of legal, and regulations, and regulations and standard, and specification of mandatory provides for design of; (four) not adopted construction project established security evaluation report in the of security countermeasures and recommends of;
    (E) on the construction project was not adopted by the safety assessment report of security countermeasures and suggestions without sufficient evidence.
    17th review designs of safety facilities of construction projects failed, the construction unit after rectification can once again apply to the review Department reviewing designs of safety facilities of construction projects.
    Designs of safety facilities of construction projects to have been reviewed by any of the following circumstances, the construction unit shall apply to the review Department safety review of the facility to change the design of construction projects: (a) changing the designs of safety facilities and may reduce safety; (b) in the redesigned during construction.
    Fourth chapter safety facilities of construction project completion acceptance 18th construction safety facilities of construction projects should be made by appropriate construction qualification of construction units.
    Construction units should be strictly in accordance with the security facilities of construction project design documents and construction technical standards and specifications, construction, and engineering is responsible for the quality of the security facilities of construction projects.
    Construction units shall prepare security facilities of construction projects construction report, construction of safety facilities of construction project reports include the following: (a) building project profiles, (ii) the construction according to the relevant laws, rules, regulations and technical standards, (iii) safety equipment and raw materials inspection and testing; (d) the construction quality control of main equipment, facilities.
    19th safety facilities of construction projects are completed, the construction unit shall, in accordance with the relevant safety laws, provisions of laws, regulations and standards, inspection, testing the safety facilities of construction projects, ensure the security facilities of construction projects meet the safety requirements of production and storage of dangerous chemicals, and under normal application conditions. 20th the construction unit shall organize relevant units and experts, pilot studies proposed the construction of projects (use of) possible security problem and countermeasures, and in accordance with the relevant safety laws, regulations, rules and standards of well-developed production (use) program.
    Construction project try production (using) programme should including following about safety of content: (a) construction project construction completed situation; (ii) production, and store of dangerous chemicals varieties and design capacity; (three) try production (using) process in the may appeared of security problem and the countermeasures; (four) take of security; (five) accident emergency rescue plans; (six) try production (using) start date.
    Units shall in the construction project trial production (used), construction project trial production (use) program, respectively, submitted with the appropriate measures for the implementation of the fourth article building security clearance of the project implementation Department and other safety related to hazardous chemicals the implementing authorities. After construction to take effective precautionary measures, to security facilities of construction projects and production facilities, storage devices, and trial production (used).
    Trial production (used) shall not exceed the construction project trial production (used) term of the programmes and the provisions of relevant State departments trial production (used) term.
    21st before the security facilities of construction project completion, the construction unit shall, in accordance with the provisions of article seventh select qualified security assessment Agency safety facilities of construction project and its trial production (used) the safety assessment.
    Security Agency should be based on the relevant safety laws, rules, regulations and standards, standards for evaluation, and the responsible for safety evaluation of construction project completion and acceptance of the truth of the report.
    Safety evaluation of construction project completion report including the following main elements: (a) the danger, inherent levels of dangerous, hazardous and harmful factors, (ii) the safety facilities of construction, inspection, testing, and debugging; (c) conditions for safe production and (iv) possible hazardous chemical accidents and consequences, countermeasures, and (v) accident emergency rescue plans.
    22nd article construction project input production (using) Qian, units should to and this implementation approach fourth article provides corresponding of construction project security license implementation sector application construction project security facilities completed acceptance, and submitted following file, and information: (a) construction project security facilities completed of acceptance application book; (ii) construction project security facilities design of review submissions (copies); (three) construction units of construction qualification proved file (copies); (four) construction project security facilities construction situation report;
    (E) safety investment funds report; (vi) safety evaluation of construction project completion reports.
    23rd has accepted the security facilities of construction project completion and acceptance of the application, implementation of construction project security licensing departments shall assign the relevant personnel or experts, to review the application documents and materials, agree or disagree with security facilities of construction projects put into production (used) decisions, and provide safety facilities of construction project completion acceptance.
    Construction project safety licensing when implementing departments in the Organization's review of the application documents and information should be organized or other safety related to hazardous chemicals the implementing departments, review of other safety related to hazardous chemicals shall assign the relevant personnel to participate in the implementation of the administrative licensing sector review.
    Safety facilities of construction project completion acceptance from the date of the implementation of construction project security licensing decision, to construction projects put into production (used) after the date of other safety production license of hazardous chemicals.
    24th article construction project security facilities has following case one of of, construction project security facilities completed acceptance not through: (a) not select has corresponding qualification of construction units construction of; (ii) not according to construction project security facilities design file construction or construction quality not reached construction project security facilities design file requirements of; (three) construction project security facilities of construction not meet national about construction technology standard of; (four) construction project security facilities completed Hou not for test, and detection of;
    (V) does not choose to have the appropriate qualification of safety evaluation for safety evaluation of agencies; (vi) safety equipment and safety conditions did not meet or do not meet the work safety laws, rules, regulations and standards, and (VII) found that construction project trial production (used) existed during the accident not correction; (VIII) providing false documents and materials.
    25th safety facilities of construction project completion acceptance was not adopted by the unit again after rectification can be applied to the original acceptance Authority security facilities of construction project completion.
    Article 26th agreed to put into production units received (used) the security facilities of construction project completion acceptance in the 10th, shall, in accordance with the regulations on the safety management of dangerous chemicals and the safe production license provisions of the Act and its supporting regulations, applications for other dangerous chemicals safety production license, and submit construction project completion acceptance document (copy).
    Units ' other applications related to dangerous chemicals safety production permit, application safety evaluation on the information reported by the application instead of the safety evaluation of construction project completion and acceptance of the report. Fifth chapter supervision management 27th article has made security license of construction project has following case one of of, construction project security license implementation sector should revoked construction project of security license: (a) units decided stop construction of; (ii) construction project was law terminated of; (three) construction project security license implementation sector beyond terms implementation security license of; (four) construction project security license implementation sector violation this implementation approach provides of program implementation security license of; (five) to cheat, and
    Security administrative permission acquired by bribery or other improper means.
    28th construction project safety enforcement departments should establish and improve construction safety permits the implementation of the project file and its management system.
    Construction project safety enforcement departments should build the project's security clearance and notify relevant departments and production safety supervision and management departments of the construction project is located.
    29th construction projects where work safety supervision and management departments above the county level people's Government shall, in accordance with their respective functions, supervise the implementation of construction project security clearance checks, and cases of violation of these measures are found in the inspection reports and the corresponding measures for the implementation of the fourth article of the security clearance of construction project implementation Department.
    30th of provinces, autonomous regions and municipalities work safety supervision and management departments should be respectively before February 1 of each year and before August 1, within their administrative regions last year and implementation of construction project security clearance in the first half of that year reported to the State administration of work safety record. Sixth chapter penalty is 31st article construction project security license implementation sector staff has following behavior one of of, in accordance with national about provides give administrative sanctions; constitute crime of, law held criminal: (a) found construction project not law made security license unauthorized engaged in production, and store activities, not law processing of; (ii) received construction project violation this implementation approach provides of reported Hou, not timely investigation of; (three) in implementation construction project security license in the, obtained or accept units of property, and
    To seek illegitimate interests.
    32nd construction units of any of the following acts, in accordance with the regulations on the safety management of dangerous chemicals article 57th of the provisions of the: (a) construction project without approval of the security review, engaged in the production and storage of hazardous chemicals without authorization, (ii) building projects without approval of the security review, unauthorized construction, (iii) construction project without a safety review after approval, unauthorized construction.
    33rd article units has following behavior one of of, in accordance with safety method 83rd article of provides punishment: (a) construction project security facilities design without security review or security review not through, unauthorized construction of; (ii) construction project security facilities design change Hou without security review or security review not through, unauthorized construction of; (three) construction project security facilities without acceptance or acceptance not qualified, unauthorized input production (using) of.
    The 34th construction units of any of the following acts, in accordance with the law on administrative punishment and the relevant provisions of the State Council: (a) the safety facilities of construction projects are completed without inspection, testing, (ii) modify designs of safety facilities of construction project during the construction period the record was not saved, (iii) when applying for a construction project security administrative permission of providing false documents and materials;
    (Four) not organization units and experts research proposed construction project try production (using) may appeared of security problem and the countermeasures or not developed carefully of construction project try production (using) programme, for try production (using) of; (five) construction project try production (using) programme not to safety regulatory sector record of; (six) construction project try production (using) not take effective safety measures, occurred accident of.
    35th security evaluation, inspection and testing agency proof of false reports, in accordance with the provisions of the law on safety in the 79th.
    The 36th article of the administrative penalties stipulated in implementing measures, implemented by the security clearance of construction projects departments.
    Seventh chapter supplementary articles article 37th security clearance of the relevant instrument of construction project content and format prescribed by the State administration of work safety. 38th article of the implementing measures shall come into force on October 1, 2006.
                                        Former State administration of work safety in the production of dangerous chemicals storage construction project safety review and repeal.