Ningxia Hui Autonomous Region, Security Facilities Of Construction Project Supervision And Administration

Original Language Title: 宁夏回族自治区建设项目安全设施监督管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367146.shtml

Ningxia Hui autonomous region, security facilities of construction project supervision and administration

    (October 13, 2011 people's Government of Ningxia Hui autonomous region, the 102th general meeting October 13, 2011 announced, people's Government of Ningxia Hui autonomous region, the 35th since December 1, 2011) Chapter I General provisions

    First in order to improve the safety facilities of construction project supervision and management, prevention and reduction of production safety accidents, protect people's lives and property safety, in accordance with the People's Republic of China safety provisions of the Act and other relevant laws and regulations, combined with this practice, these measures are formulated.

    The second autonomous units engaged in production and business activities in the administrative area (hereinafter referred to as production and business operation entities) approved by law, approval or for the record 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 and regulations on the construction of safety facilities of construction project supervision and management otherwise provides, from 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 safety supervision and management departments of the people's Governments above the county level within their administrative regions and the people's Governments at the corresponding level, with relevant authorities and approval, approval or for the record of the comprehensive security facilities of construction project supervision and management.

    Development and reform, economic and information technology, housing construction, transportation and other construction projects departments in charge of industry, in accordance with their respective responsibilities, within the scope of their duties to supervise safety facilities of construction projects.

    Design of coal mine safety facilities of construction projects, construction and use, in accordance with the relevant provisions of laws and regulations in coal mine, and production safety supervision and Administration Department. Fifth 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.

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

    Chapter II safety assessment and safety facilities of construction project design

    Sixth production and business operation entity following construction projects in feasibility studies, should be first to demonstrate its safe production conditions, the preparation of safety condition report and commissioning qualified security assessment security assessment and prepare a safety evaluation report:

    (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, and local railway lines, electric power industry, State, and city and County construction project.

    Sixth the seventh production and business operation entities other than those provided for other construction projects (not including coal, the same below), it should be for its comprehensive analysis of the safe production conditions and facilities, a written report, work safety supervision and management departments.

    Eighth production and business operation entity at the time of preliminary design of construction projects shall entrust a qualified designer to design the security facilities of construction projects, and construction project safety review.

    Safety facilities of construction project design should take into account the security conditions for construction projects report and the safety assessment report of security countermeasures.

    Nineth production and business operation entities in the article sixth III provision of safety facilities of construction project completion of design, shall apply to the production safety supervision and management departments to review 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 stipulated by laws, rules and regulations.

    Tenth production and business operation entities in the article sixth fourth provision of safety facilities of construction projects after the design is completed and reviewed by the relevant departments shall be made to the 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.

    11th production and business operation entity in this way except as provided in article sixth of the security facilities of construction projects design, should be organized to review, a written report, and report production safety supervision and management departments.

    12th of production safety supervision and management departments upon receipt of the application shall be made within 5 working days after the receipt of the application admissibility or inadmissibility decision, inform the applicant in writing. Has accepted the application for production 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.

    13th construction project designs of safety facilities in any of the following circumstances shall not be approved, 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, rules and regulations.

    14th designs of safety facilities of construction projects to major changes, changing the designs of safety facilities and may reduce safety or redesigned during construction, production and business operation entities shall be submitted to the original authority for examination and approval without examination and approval, and shall not be under construction.

    Chapter III security facilities of construction projects in construction

    15th 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, and dangerous parts project specific construction program for the preparation in accordance with law, and affix the safety check results.

    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. 16th 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 identified a significant safety problems in designs of safety facilities, 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.

    17th construction organization design of the construction supervising units shall review safety measures or specific construction program for compliance with mandatory standards of safety facilities of construction projects. 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, the competent department concerned shall order the whole? change.

    Article 18th after completion of security facilities of construction projects, production and business operation entities shall check the safety devices, on the timely rectification of problems found.

    19th article this article sixth of the construction project after the completion of construction projects require commissioning in accordance with the relevant provisions should be put into production or use before the test run.

    Construction projects for production and storage of hazardous chemicals should be in project commissioning before commissioning programme reported production safety supervision and management departments.

    Test running time should be no less than 30th, most no longer than 180 days, relevant departments of the State except as otherwise provided or have special requirements of the industry.

    The fourth chapter safety facilities of construction project completion acceptance 20th article sixth herein safety facilities of construction project completion or after the test run is completed, production and business operation entities shall entrust a qualified safety equipment inspection bodies and Evaluation Agency inspection on safety facilities and safety assessment.

    Safety equipment inspection bodies and security evaluation inspection bodies shall be respectively issued the safety facilities? report and the report on the safety assessment of construction project.

    Article 21st safety equipment inspection bodies should be carried out in strict accordance with the standards and safety assessment for inspection testing, assessment, and legal responsibility for the inspection and assessment of results.

    On the construction project and construction design or construction project unit has a direct stake of expert or challenge system of intermediary organizations.

    Safety evaluation institution engaged in safety assessment of construction project and shall not engage in safety assessment of the same project.

    22nd production and business operation entity in the way sixth construction projects provided for under articles I, II, III production or use, shall apply to the production safety supervision and administration acceptance of safety facilities, and submit the following materials:

    (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) security facility commissioning and self-examination report should be provided;

    (VIII) other documents stipulated by laws, rules and regulations.

    23rd production and business operation entity in this way sixth fourth provision of construction projects put into production or use, after acceptance by the relevant competent authority organizations shall be made to the production safety supervision and management departments, and submit the following documents:

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

    (B) construction 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;

    (Vi) security facility commissioning and self-examination report should be provided.

    24th article this way except as provided in article sixth completion inspection on safety facilities of construction project, implemented by the production and business operation entities organize themselves, a written report, work safety supervision and management departments.

    25th production safety supervision and management departments receive safety facilities of construction projects upon completion and acceptance of the application shall be made within 5 working days after the receipt of the application admissibility or inadmissibility decisions and inform the applicant in writing.

    Has accepted the application for production safety supervision and Administration Department shall receive within 20 working days of making eligibility decisions, and shall inform the applicant 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, at the time of acceptance of the security facilities with any of the following circumstances, unqualified acceptance 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 comply with other conditions stipulated by laws, rules and regulations.

    Provisions of the preceding paragraph through the acceptance of security facilities of construction projects, after rectification of production and business operation entity may apply to the original acceptance authority again for acceptance.

    Chapter fifth penalty

    27th production of operating units that are not on the way to article sixth of the conditions of work safety of construction projects for demonstration and safety assessment, given a warning and a fine of less than 10,000 yuan and 30,000 yuan.

    28th production and business operation entity is not on the way except as provided in article sixth of construction project work safety conditions and integrated analysis facility, a written report and reported production safety supervision and management departments and give a warning, and may be fined not more than 5,000 yuan and 20,000 yuan.

    29th production and business operation entities the way sixth construction projects provided for under articles I, II, III, any of the following circumstances, in accordance with the People's Republic of China article 83rd of safety production law provides for punishment:

    (A) no safety equipment design or safety facilities design approval are not reported to the production safety supervision and management departments, working 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.

    30th article this article sixth fourth under construction projects, production and business operation entity has any of 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 did not provide safety supervision and management departments;

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

    (C) put into production or use, acceptance of security facilities did not provide production safety supervision and management departments.

    31st article this way except as provided in article sixth of construction projects, production and business operation entity has any of the following circumstances, the production and business operation entity shall be ordered to rectify, and to a fine of up to 5,000 yuan and 30,000 Yuan:

    (A) no designs of safety facilities;

    (B) the designs of safety facilities unreported production safety supervision and management departments;

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

    (D) acceptance of safety facilities unreported production safety supervision and management departments.

    Article 32nd 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.

    Article 33rd safety evaluation agencies, inspection, any of the following circumstances, given a warning and a fine of up to 10,000 yuan in serious cases, suspension of qualification for half a year, and a fine of up to 30,000 yuan; for persons responsible shall be subject to punishment:

    (A) the practitioners not to the scene to carry out safety assessment, inspection activities;

    (B) the safety assessment report, inspection report and reality, or to report significant omissions, but not causing significant losses;

    (C) is not in accordance with the relevant laws, rules, regulations and national standards, industry standards for safety evaluation, inspection and test activities. 34th article bear security evaluation, and test detection work of institutions, issued false proved or report, constitute crime of, in accordance with criminal about provides held criminal; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5,000 yuan above of, and at illegal proceeds twice times above five times times following of fine, no illegal proceeds or illegal proceeds insufficient 5,000 yuan? of, single at or and at 5,000 yuan above 20,000 yuan following of fine,

    Directly responsible to the charge and the other persons of between 50,000 yuan and 5,000 yuan fine cause harm to others, and the production and business operation entities shall bear joint liability.

    For organizations where there are violations of the preceding paragraph, revoke the corresponding qualifications.

    35th departments responsible for the supervision and administration of production safety and their staff, have one of the following acts, in accordance with the People's Republic of China production safety law and other relevant laws and regulations for penalties of:

    (A) violation of legal procedures and conditions through the construction of safety facilities of the project design review or acceptance;

    (B) security infrastructure found violations of relevant laws and regulations and these rules not be dealt with according to law;

    (C) on the construction project has been approved according to law, does not perform supervisory duties, found it no longer meets the safety condition does not revoke the original approval document or find safety violations are not investigated;

    (D) specify safety and facility design, construction, completion and acceptance;

    (E) other acts of abuse of authority, dereliction of duty or engages in. 36th 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, should be transferred to the relevant departments in a timely manner and documented for future reference.

    The sixth chapter supplementary articles 37th article of the measures shall take effect on December 1, 2011.