Administrative Measures On Gas In Hebei Province

Original Language Title: 河北省燃气管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379257.shtml

Administrative measures on gas in Hebei province

    (110th general meeting of September 27, 2012 in Hebei province by October 30, 2012 provincial orders (2012) 6th release come into force on December 1, 2012) Chapter I General provisions

    First to strengthen the gas management, regulate the gas operation and use, protect life and property of citizens and public safety, according to the State Council regulations on the management of town gas, combined with the facts of the province, these measures are formulated.

Second article this regulation is applicable in the province within the administrative area of gas development planning and emergency protection, gas management and service, gas facilities construction and protection, gas burning appliances installation and repair, gas safety and accident prevention and treatment and related administrative activities.

    The production and import of natural gas, liquefied petroleum gas, gas pipeline outside the station, the use of gas as an industrial raw material, production and use of biogas and straw, these procedures do not apply.

Third provincial housing and urban-rural construction departments in charge of the province's gas management.

City divided into districts, counties (cities) shall determine the gas within the administrations responsible for the administration of gas management.

    Relevant departments of the people's Governments above the county level in accordance with these measures and provisions of other relevant laws and regulations, gas management is undertaken in the context of their respective responsibilities.

    The fourth above the county level people's Governments and relevant departments should establish and improve safety supervision and management system, encourage, support gas research, science and technology, promote the use of safe, energy-saving, efficient and environmentally-friendly gas technologies, new processes and new products.

    The fifth Gas Association shall establish a self-discipline mechanism, industry code of conduct in accordance with law and service specifications, maintenance gas operators and gas users ' legitimate rights and interests, urging operators of gas law, honesty and strict discipline.

    Chapter II gas planning, construction and emergency support

Sixth administrative departments of people's Governments above the county level gas shall, jointly with relevant departments, according to the national economic and social development planning, land use planning, urban and rural planning, energy planning, as well as a-level development planning, preparation of the administrative area of the gas development plan, reported to the people's Governments at the corresponding level for approval implementing, and gas management agency of the Government at a higher level for the record.

    Content of the gas development plan should include the following: planning horizon, development goals, gas gas, gas supply and gas type, size, gas facilities layout and construction timing, construction of gas facilities, gas facilities scope of protection, gas supply and security safeguard measures, and so on. Seventh urban and rural construction should be according to the requirements of urban and rural planning and development planning, supporting the construction of gas facilities or set aside land for construction of gas facilities.

Reserving land for construction of gas facilities, without the approval of legal procedure, no unit or individual is allowed to occupy or change of use. Urban planning departments in law issued by the selection report, planning permit for construction and rural construction planning permits, construction of gas facilities meets the gas development plan should be seeking the views of gas management.

    Gas management representations issued by the Department shall, within 10 working days. Eighth in the gas network coverage may not build separate gas facilities.

    Have independent gas facilities should be built into the gas network.

Nineth gas facilities after completion of the construction, the construction unit shall make final acceptance, acceptance or experience fail to pass, shall not be put into use.

Construction units shall from the date of construction and acceptance of gas facilities in the 15th and final acceptance report the gas Management Department.

    Pipeline gas supply plans in the region, with new construction, renovation or expansion projects have pipeline gas facility under construction, should be simultaneously with the principal part of the project design, construction, completion and acceptance.

    Tenth people's Governments above the county level should establish emergency gas reserve system organization gas emergency plans, strengthen drills, take comprehensive measures to improve the gas emergency support capabilities, building gas supply emergency support facilities ensuring gas supply shortage or supply disruption after the occurrence of incidents such as to give priority to safeguard the lives of gas supply.

    Chapter III gas operation and service

11th to engage in gas business gas shall be obtained a business license, and pursuant to the license scope, type, duration and scale of gas, such as business activities.

Of individual bottled liquefied petroleum gas business activities, must have included unloading, storing, filling, residual complete production technology of LPG storage and distribution station, before they can apply for the gas business licenses.

    Applicant the fuel gas business licence to the industrial and commercial administrative departments shall carry out registration procedures.

12th engaged in the operation of the gas shall meet the following conditions:

(A) development planning requirements, shall obtain the plan selection report or plan permits;

(B) gas gas and gas facilities in line with national standards, the project acceptance;

(C) a fixed place of business, improve the safety management system and a sound business plan;

(D) for directors, safety-control managers and the operation, maintenance and repair personnel professional training and examinations;

    (E) operation, fit the category of registered capital and professional and technical personnel.

13th engaged in sales of gas source, and bottled liquefied petroleum gas operation, compressed natural gas, liquefied natural gas fueling station gas station, gas business licenses issued by the district municipal gas management, submitted to the provincial departments of housing and urban-rural construction.

    Across the districts of city fuel gas source sales, gas enterprises, engaged in LNG, compressed natural gas stations operating, its gas business licenses issued by the provincial housing and urban-rural construction departments.

Gas permits from the 14th, you should submit the following materials to the gas management:

(A) the gas operating permit application form;

(B) the name pre-approval notice issued by the administrative departments for industry and Commerce;

(C) capital verification report;

(D) for directors, safety-control managers duties, title, security skills assessment of competency and the operation, maintenance and repair personnel qualified through professional training and examination certificates;

(E) proof premises and office space;

(F) gas project planning, building permits and other approval documents, project completion acceptance files and information such as special equipment, inspection of construction projects;

(G) supply agreement or letter of intent for gas supply, gas supply sources;

(H) safety management systems, safety technology job procedures, directory of accident emergency plan and emergency vehicles and equipment, Enterprise Services specification.

Pipeline gas ventures in addition to the conditions prescribed in the preceding paragraph shall also provide local people's Government or the gas Administration for the regions as defined by documents or franchise agreements. Gas management shall, within 20 working days from the date of acceptance of the application to make a decision.

    No permission, shall be made in writing to the applicant the reasons. 15th change gas license containing the content, shall be submitted to the change request to the issuing Department and relevant information.

    Review qualifying, originally issued by the Department shall be dealt with according to law. 16th gas operating license is valid for 5 years.

    After expiry, gas operators to continue operation of the gas shall on the expiry of 90 days before the original of the licence issuing departments submit a renewal application, approved after examination to apply for a new card.

17th pipe gas operators should at least every 2 years to users of gas facilities, gas metering and gas burning appliances and fittings and fasteners provide a free home safety check, and complete inspection file.

Gas pipeline operator's inspection staff home inspection, shall be notified in advance of pipeline gas users, and present a valid work documents.

Gas pipeline operator shall inform the user in writing the check result, the user does not comply with the prescribed safety gas safety hazards, rectification should remind user, user shall promptly proceed to rectify; user is not required to implement corrective action may result in accidents, pipeline gas operator shall stop the gas supply, and hazard elimination after the immediate resumption gas supply.

    Users shall cooperate on gas pipeline operator door check.

18th pipe gas operators for the supply within the municipal gas facilities, gas facilities within the construction area owners other than the exclusive parts, assume responsibility for operation, maintenance, repair and renovation.

    Gas pipeline operator maintenance, repair and renovation within the construction area owners other than the exclusive parts of gas facilities, property service user shall cooperate with enterprises and pipeline gas. 19th pipe gas operators caused by the construction, maintenance and other reasons need to temporarily adjust the air supply or the gas supply shall, time zones and shall be announced 48 hours in advance, and notify the gas users. Construction, maintenance and other reasons is eliminated, and shall promptly return to normal supply, restoration of gas supply must be notified in advance of gas users, but not between 22 o'clock to 6 o'clock the user restore gas supply to residents.

Gas supply being affected by emergencies, shall promptly notify the gas users and to take urgent measures.

    Gas operators out of business, closing, should the supply of gas users within the scope of normal gas arrangements and before the 90-day report to the local gas management, approval may be closed for business.

    20th gas management should establish a sound regulatory system, gas operator's business activity, services, equipment and facilities of the security situation, carry out supervision and inspection, and supervision and inspection results to the public.

    21st composite gas fuel for use in the operation of, and shall be subject to the provincial departments of housing and urban-rural construction experts, accredited may be put into use.

22nd gas operators should be imposed on bottled liquefied petroleum gas service certified system and strengthen the management of gas service personnel and vehicles, and assume the corresponding responsibility.

    Bottled liquefied petroleum gas filling activities shall abide by the laws, regulations and standards relating to gas bottle filling requirements. Fourth chapter of gas used
    Managers should approve the 23rd pipeline gas supply area to have the air condition units and individuals to provide supply services and supply and use contract with the pipeline gas users according to law, specify the rights and obligations of both parties to ensure safe and stable gas supply.

    Air supply units and individuals who meet the conditions of the region, without good reason, refuse to supply.

    24th pipeline gas users is necessary to expand the gas range, change of gas use, or transfer fixed gas facilities, installation, alteration, demolition, pipeline gas ventures go through relevant procedures, and according to the relevant State engineering construction standard implement operations. 25th pipe gas operators on the gas measuring apparatus shall make verification.

Gas metering devices used to after a specified period, from gas pipeline operators are responsible for replacement costs included in the cost. Disagrees with the accuracy of pipeline gas metering device, measuring institutions can apply for qualification testing.

    Certified, gas metering installations in line with standards, verification costs borne by the applicant; do not meet the standards, inspection expenses shall be borne by the applicant, and to return or to pay gas costs.

    26th article of gas burning appliances production units, sales units shall establish or authorize the establishment of service sites, equipped with gas and management departments to appraise qualified gas appliance installation, maintenance personnel, and is responsible for the installation, maintenance and service after the sale.

27th gas burning appliances installation and repair enterprise, shall comply with the following requirements:

(A) the installation and maintenance of gas burning appliances according to national standards and norms, and installation and maintenance material and accessories in accordance with national standards;

(B) shall not restrict the user to purchase the specified products;

(C) are not allowed to move the gas meter and before the gas facilities;

(D) gas burning appliances installed, providing inspection certificate installation to gas users;

(E) installation of the set is not less than 1 year warranty.

    Gas user-supplied do not meet the criteria for gas burning appliances or gas users do not comply with the safety specifications, maintenance requirements, gas burning appliances installation and maintenance personnel to ensure air safety, should indicate to the user the relevant technical specifications, standards, require qualified appliances or safety-compliant installation.

    Gas management should publicize the article 28th catalogue, promotion and by gas users voluntarily choose to use gas leakage protection, alarm device and gas leak protection and alarm device of gas appliances, protection gas combustion safety.

    Fifth chapter gas facility protection

    29th urban planning departments in issuing construction permits, shall be according to the relevant national and provincial regulatory requirements, and ensure the safety of construction within the boundaries of the existing gas facilities. 30th place in the production, transmission, distribution and storage of gas fire operation, you must comply with the provisions of the safety management and safe operation.

    On the gas pipeline construction jobs, fire safety measures must be taken and operated by professionals.

31st gas and operator changes to municipal gas utilities, options for change and in accordance with the following provisions should be developed, city divided into districts, counties (cities) gas regulatory approval:

(A) development planning;

(B) specify the safety requirements;

(C) safety measures for the protection and safeguarding the normal;

    (D) gas related materials sought by the administration.

    Sixth chapter safety accident prevention and treatment

    32nd article gas management, and safety supervision management, and police organ fire institutions, about sector should according to their duties, on gas business, and gas using of security status, for supervision check, found gas security accident hidden of, should notification gas operators, and gas user timely take measures elimination hidden; not timely elimination hidden may serious threat public security of, about sector should law take measures, timely organization elimination hidden, units and personal should be tie.

Article 33rd gas management shall, jointly with relevant departments to develop gas safety accident emergency plan, clear emergency organizations emergency action programmes for the composition, duties, and other content, establish a gas accident statistic analysis system, regularly informed of handling results.

    Gas gas safety accident emergency operators should develop this unit, equipped with emergency personnel and the necessary emergency equipment, supplies, and drills are regularly organized.

Article 34th gas management should strengthen the construction and management of gas engineering, use, facilities protection, gas burning appliances installation and repair activities, such as supervision and inspection, supervision and inspection may take the following measures:

(A) access to copy relevant documents and information;

(B) to the relevant personnel to understand the situation, and prepare records;

(C) access to the site to check;

(D) the correction of unsafe.

    Units and individuals on law implementation supervision and inspection shall be matched. 35th gas operators shall establish and improve gas security assessment and risk-management systems, gas-fired facility security assessments on a regular basis, on the run for more than 10 years of age of the transmission and distribution network shall be inspected at least once a year, finding gas safety accident shall promptly take measures to eliminate hidden dangers.

    Safety seat gas management the assessment report shall be submitted to the record.

    36th rescue and emergency workers dealing with emergency gas accidents, to effect emergency repair of the facilities in the case of minimizing losses can be dismantled, and notify the authorities, resulting in losses from accident employer or liability claim.

    37th when emergencies such as a gas leak, gas operators are required to take emergency measures, the public security organ shall support gas operators in implementing rescue, home repair jobs, gas users must be matched.

    Article 38th gas safety after the accident occurred, gas management, supervision and administration of production safety and public security fire control institutions, and other relevant departments should be consistent with their respective mandates, to take immediate measures to prevent the spreading of the accident and under the circumstances, start gas safety accident emergency plan.

    Seventh chapter gas users ' rights protection

39th fuel gas dealer shall provide users continuing, stable, secure supplies to meet the national quality standard for gas, guide the safe use of gas gas users, saving gas, safety rules and issued free of charge to the user.

Gas operators should be public business processes, service commitments, standards and service hotline information, and provide services according to national and the gas service standards.

    Gas business operators shall set up and publicize the service calls and emergency repair calls, designated personnel on duty 24 hours a day.

40th gas users will be entitled to gas charging gas operators, service and other matters queried, gas operators shall from the date of receipt of the requests in the 5th with a response. Gas users will be entitled to gas charges, and service to the people's Governments above the county level Department in charge of price complaints, gas management, as well as other sectors. Relevant departments shall establish a complaints system, public telephone and email address, to receive complaints relating to gas safety, charges and quality of service.

    Gas Management Department shall receive reports or dealt with within 15 working days from the date of complaint, relating to security should be dealt with immediately.

41st stops gas supply, gas operators when adjusting the air supply, should fulfil a clear obligation.

    Gas operators of gas shall not be required the user to purchase the specified products or hard sell, force promotion, forcibly bundling and other mandatory services.

42nd under any of the following circumstances, gas management should take to start gas emergency planning through the use of the contingency reserve, coordinate relevant departments or units, emergency dispatching, require pipeline operators to recover gas and other measures to guarantee gas user's normal use of gas:

(A) temporary pipeline gas operators adjusted supply or the suspension of gas supply was not normal gas supply in a timely manner;

(B) pipe gas operators affected by emergency air supply does not take urgent measures;

(C) the gas operators allowed to go out of business, closing;

    (D) gas management departments shall withdraw, revocation, cancellation, revocation, gas business license.

Article 43rd gas operator receives gas users gas facilities and gas-burning appliances leak reports, should be immediately sent for repair; gas operators received other fault, the repair should be sent for repair at the agreed time.

    For maintenance and not causing direct economic losses of gas users in a timely manner, operators of gas shall be compensated.

44th price departments above the county level people's Government to determine and adjust the gas sales price, shall convene a hearing user request for pipeline gas, gas operators and with the concerned parties.

    Do not conform to laws, regulations and pricing Department of the fuel gas prices or service charges, gas users have the right to refuse to pay.

    The eighth chapter legal liability

45th people's Governments above the county level and gas Management Department and other departments concerned in any of the following circumstances, directly responsible in charge and other direct liable persons shall be given sanctions, directly in charge of personnel and other persons directly responsible for the acts constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) does not make a decision on the administrative license according to law or approval document;

(B) violation is found or received reports of violations are not investigated;

    (C) other acts not perform their duties in accordance with this regulation.

    46th a citizen, legal person or other organization without administrative permission, arbitrarily engaged in the operation of the gas, gas management, industrial and commercial Administrative Department, the public security organ shall order him to desist from the illegal act, shall be banned; losses caused shall bear liability. 47th article gas operators not by license provides of range business, reselling, and mortgage, and rental, and lending, and transfer, and altered gas business license, requirements gas user purchase its specified of products or accept its provides of service of, by gas management sector ordered deadline corrected, late not corrected of, law sentenced fine; plot serious of, revoked gas business license, and notification business administration, and quality technology supervision, sector cancellation corresponding of card as; caused loss of, law bear compensation responsibility.
    48th gas Management Department finds that ceases to comply with laws and regulations, conditions or serious violations of State standards, major safety hazard, shall be ordered to proceed to rectify within gas operators, overdue correction or rectification is not qualified, the cancellation of licenses shall be ordered to stop operating, and informed the administration of industry and commerce, quality and technical supervision departments cancellation corresponding certificates.

    49th any non-owned gas bottle filling gas, rectification by the quality and technology supervision departments, if the circumstances are serious, pause filling, revoking licenses for filling; sales of unauthorized filling of bottled gas filling units, rectification by the quality and technology supervision departments, and shall be punishable by a fine.

    50th gas breach of gas prices and service fees regulations, a rectification by the price departments and can be imposed with penalty in serious cases, to order the rectification, or by the Administrative Department for industry and commerce shall revoke business licenses.

    51st article gas burning apparatus installation, and maintenance enterprise not by national standards and specification installation, and maintenance gas burning apparatus, installation, and maintenance material and accessories not meet national standards; qualified user purchase its specified products; unauthorized mobile gas measurement table and table Qian gas facilities; gas burning apparatus installation Hou not to gas user provides installation test qualified certificate; not set not below 1 years of installation warranty period of, by gas management sector ordered deadline corrected, and stop violations; constitute crime of, law held criminal.

    The Nineth chapter supplementary articles 52nd these measures shall come into force on December 1, 2012.