Safety Facilities In Sichuan Province Supervision And Administration

Original Language Title: 四川省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/201110/20111000351787.shtml

Safety facilities in Sichuan province supervision and administration

    (March 2, 2011 the 77th meeting of the people's Government of Sichuan province considered by people's Government of Sichuan province, on May 4, 2011 published come into force July 1, 2011, No. 254) Chapter I General provisions

    First to implement safety first, prevention first and comprehensive treatment approach to safety, prevent and reduce all kinds of accidents from the source, safeguard the people's life, health and property, according to the People's Republic of China production safety law, the Sichuan province work safety regulations, such as the provisions of relevant laws and regulations, combined with practical, Sichuan, these measures are formulated.

Second approach applies within the administrative area of Sichuan province, new construction, renovation or expansion projects (hereinafter referred to as project) the construction of safety facilities, supervision and management.

Safety facilities of construction projects in these measures refers to the construction project after the completion of operation, use process to prevent safety accidents and emergency disposal of facilities, equipment, systems, fittings, building (structures).

    Laws and regulations on the construction of safety facilities of construction project supervision and management otherwise provides, from its provisions. Article security facilities of construction projects must be the principal part of the project designed, built and put into production and use.

Investment in safety facilities shall be incorporated into the construction project budget estimates and related expenses. Safety facilities of construction projects shall be in accordance with the laws and regulations and these rules shall apply to the review procedure.

    Without review or review are qualified, not for administrative licensing shall not be started without acceptance or unqualified acceptance, shall not be put into production and use.

Fourth safety facilities of construction projects should be consistent with national laws, regulations, rules and these rules, as well as related national standards, industry standards, local standards and technical specifications.

    The absence of national standards and industry standards security facilities, the province shall, in accordance with the relevant departments to ensure safety and relevant requirements of these procedures, timely development of relevant local standards and specifications organizations according to law, and revised in accordance with scientific and technological progress and economic development.

    Fifth investment in construction projects, units and organizations (hereinafter referred to as the employer) is the responsibility of security facilities of construction projects, safety facilities of construction project and the principal part of the project designed, built and put into production and take responsibility.

The sixth people's Governments above the county level shall strengthen leadership on safety facilities of construction project supervision and management, urging relevant departments to establish and implement the security facilities of construction project supervision and management system, to perform their duties of supervision and management.

    Relevant departments under the people's Governments above the county level and the development and implementation of urban and rural planning, should strengthen the safety demonstration.

Seventh people's Governments above the county level within the administrative area of production safety supervision and management departments are responsible for the comprehensive safety facilities of construction project supervision and management.

    Investment above the county level departments and departments responsible for the supervision and administration of production safety in the context of their respective responsibilities to supervise safety facilities of construction projects and administrative licences according to construction projects. Eighth trade unions according to law on safety facilities of construction projects construction and usage monitoring.

Production and business units or departments responsible for the supervision and administration of production safety of the Union should be promptly dealt with.

    Any unit and individual violations of the security facilities of construction projects shall be entitled to be reported to the departments responsible for the supervision and administration of production safety.

    Chapter II establishment of construction project security review The Nineth when planning construction projects, construction should security conditions proved.

Security conditions argument should contain the following:

(A) the construction project itself may present danger and harmful factors;

(B) construction project to possible units of production, business activities or lives, public activities, the security impact of farmers ' production and livelihood;

(C) the possible units of production, business activity, or residents, public activities, farmers ' production and livelihood security impact on construction projects;

(D) the effects of local natural conditions for construction projects;

    (E) the impact of construction projects on local natural conditions.

Following construction of the tenth article in the project (including approval, approval, for the record, the same below) before, the construction unit shall entrust a qualified safety assessment safety assessment bodies, and the preparation of the report on the safety assessment of:

(A) mines (tailings) construction project;

(B) the production, management, storage and use of hazardous chemicals and construction projects;

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

(D) ferrous and non-ferrous metal smelting and construction projects;

(E) chemicals, building materials, machinery, textile and other industries with major construction projects;

(Vi) airports, docks, reservoirs, power stations and major bridge and tunnel construction projects;

    (G) national and provincial regulations of other construction projects.

The 11th report of the safety assessment should be consistent with national standards and industry standards, and include the following:

(A) the major danger and harmful factors and hazards in China as well as qualitative and quantitative evaluation of the effect of security, public safety;

(B) the possibility of prevention and control of major danger and harmful factors assessment;

(C) design principles of safety facilities, security measures, emergency management and other aspects of evaluation;

(D) evaluation of definite conclusions;

    (E) the provisions of the laws, regulations and rules other matters of note.

Article tenth of the 12th article of the approach in subparagraph (a) to (e) the provision of construction projects, the construction unit shall provide the construction project sector peer safety review of production safety supervision and management departments to apply for construction projects, and submit the following materials:

(A) the application for the establishment of security review of construction projects;

(B) confirmation of the project site;

(C) construction project safety report;

(D) the safety assessment report;

(E) business license or a business name prior approval written notice;

(F) other relevant information on laws, rules and regulations. Article tenth of this approach, paragraph (vi), (VII) provision of construction projects, construction project Department of the units shall be filed at the departments responsible for the supervision and administration of production safety applications for construction project safety review investment authority establishment of construction project of the State Council, in accordance with the relevant provisions of the State.

    Relevant departments shall, in accordance with the laws, regulations and rules and relevant regulations of the State construction project safety review. 13th production safety supervision and management departments and other departments responsible for the supervision and administration of production safety official acceptance project security review within 20 working days from the date of the application issue a construction project to construction safety review qualifying submissions or rejected submissions.

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

The 14th construction unit apply construction project safety review materials submitted by any of the following circumstances, security review not established through:

(A) is not conducting the safety assessment or safety assessment is not qualified;

(B) construction projects involving hazardous, hazardous analysis, identification of main factors are not comprehensive;

(C) construction projects involve major risk of inaccurate, harmful degree analysis and judgement;

(D) did not demonstrate or prove inadequate security conditions;

(E) the main technologies, processes or methods and devices, equipment, and facilities are not identified;

(F) the countermeasure and suggestion on safety facilities do not meet the laws, rules, regulations and related standards and requirements;

(VII) emergency management and disposal options do not meet the needs of safe production;

(VIII) not delegated with appropriate qualification of safety evaluation for the safety assessment of agencies;

    (IX) providing false information and related information. 15th article tenth of this approach (a) to (c) and other laws and regulations shall apply for project safety review of the construction project, when applying for a project, the construction unit shall submit project safety review qualifying submissions.

    Project security review qualifying submissions not submitted, will not be approved.

16th review failed to establish security construction projects, the construction unit after rectification can once again apply to the censors to review.

Has construction projects through the establishment of a safety review has any of the following circumstances, the construction unit shall apply to the review Department change review:

(A) significant changes in the external security environment of construction projects;

(B) change of address;

(C) change the primary device, equipment, facilities layout;

(D) the changing technologies, processes or methods and key installations, equipment and facilities;

    (E) related to products, categories, quantities beyond the scope has been vetted by the construction project.

    Chapter III construction project designs of safety facilities safety review 17th construction projects design, design units shall secure facilities design, and special design of safety facilities.

Designs of safety facilities shall have corresponding qualifications.

    Security facilities should be designed to comply with national standards, industry standards and local standards and technical specifications.

    18th designs of safety facilities of construction projects unit shall establish and improve the safety facilities of design quality assurance system and the responsibility system, and in accordance with the relevant provisions of the State responsible for the designs of safety facilities of quality.

19th security facility design should contain the following:

(A) overview of construction projects;

(B) the design basis (item);

(C) the peripheral security environment evaluation of construction project;

(D) the building (structure) and site layout;

(E) dangerous and harmful factors analysis of production process;

(Vi) emergency planning and response capacity;

(VII) safety devices designed to take corresponding preventive measures;

(VIII) security organization and staffing;

(IX) specific investment budget for safety;

(J) the safety assessment report or security countermeasures and recommended in the report;

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

    (12) the laws, rules and regulations should be noted other issues.

Article tenth of the 20th article of the approach in subparagraph (a) to (e) provision of construction projects, the construction unit shall provide the construction project Department of work safety supervision and management departments at application security design reviews, and submit the following materials:

(A) construction project document;

(B) security conditions in the feasibility study report;

(C) the safety assessment report and related reviewed information;

(D) the safety equipment design and design reports;

    (E) the laws, rules and regulations to be submitted by other materials. 21st production safety supervision and management departments in safety facilities of the project design review official acceptance unit within 20 working days from the date of application issued by the security facilities of construction project design review qualifying submissions or rejected submissions.

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

22nd meeting the following conditions, work safety supervision and management departments before they can issue safety facilities of construction project design examination opinions:

(A) the safety facilities design unit designs by those with the appropriate qualifications;

(B) the construction units to 2/3 per cent of expert group experts signed opinions or have legal qualifications examination report issued by the qualified intermediary;

(C) the basis of other available to confirm. Safety facilities of construction project design review fails, construction shall not commence the construction of the project.

    Significant changes in the designs of safety facilities of construction projects, the construction unit shall re-organization design and application review.

    23rd article this article tenth subparagraph (vi) and (VII) provision of construction projects, national and provincial regulations require design review of the construction project, authorities at the time of approval of the construction project is designed, shall, in accordance with the laws, regulations and rules and relevant regulations of the State at the same time review the designs of safety facilities of construction projects.

    The fourth chapter safety facilities of construction projects in construction and final acceptance

    24th construction should ensure the security facilities of construction projects construction requirements and funding, fulfilling responsibilities for safety production management of construction project and ensuring safe production of construction of safety facilities of construction project quality and safety facilities.

25th safety facilities of construction projects construction units shall abide by the examination and approval of construction design, ensuring construction quality and safety; completed, shall draw up a summary of security facilities of construction projects construction and inspection reports.

    Construction designs of safety facilities found unreasonable or according to the original design and construction may lead to significant security risks when should stop the construction and to promptly report to the unit, the construction unit shall immediately organize the scene after receiving the report verification; when a problem is found, shall organize the rectification, rectification after passing the party may resume construction.

26th building construction supervision, quality supervision unit shall, in accordance with the construction project supervision and quality supervision of relevant provisions of construction project quality supervision and special supervision of the construction of safety facilities, identify problems and supervising or reporting to the construction unit, and provide the supervision reports and quality supervision report.

    Employer, supervisor, construction units, quality supervision unit are not allowed to modify designs of safety facilities approved by the review files or other safety measures planned.

    The 27th after the completion of construction projects, the construction unit shall conduct strict checks of safety facilities, to find problems in time to take effective measures for rectification.

    28th construction projects need to test run, its safety facilities must also try to run; construction unit should be detailed records of safe facility operation, identify problems promptly, and try run self reports of safety facilities. Article tenth of the 29th article of the approach (a) to (e) provided prior to project completion and acceptance of, the construction unit shall entrust a qualified security assessment agency for safety acceptance evaluation of safety facilities.

    Safety assessment safety assessment issued by the Agency to its results.

30th article this article tenth subparagraph (a) to (e) provision of construction projects, the construction unit shall provide the construction project Department of work safety supervision and management departments to apply for acceptance of safety facilities at the same level, and submit the following materials:

(A) the safety facilities commissioning self-examination report;

(B) the safety assessment report;

(C) the supervision unit of the supervision report;

(D) the quality supervision and quality supervision report;

(E) the contractor in terms of summary inspection reports;

    (F) the laws, rules and regulations to be submitted by other materials. 31st production safety supervision and management departments in completion of formal acceptance of project facilities completed within 20 working days from the date of acceptance of the application acceptance, qualified or unqualified to decide and inform the owner in writing.

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

32nd of acceptance of safety facilities in the following circumstances, it shall not be accepted:

(A) the safety facilities do not meet the design requirements;

(B) violation of these measures, by rectification has not qualified;

(C) the acceptance of incomplete application materials submitted;

(D) acceptance of application has a negative conclusion;

(E) does not comply with other conditions stipulated by laws, rules and regulations.

    Security facilities without acceptance or acceptance is not qualified, the construction projects shall not be used in production.

    33rd article this article tenth subparagraph (vi) and (VII) provision of construction projects, countries and relevant departments of the province requires completion and acceptance of the Organization, the Department concerned shall, in accordance with national laws, regulations, rules and State regulations at the final acceptance of the security facilities of construction projects. 34th article of the article tenth, 33rd, other than those provided for other construction projects are completed, the construction unit shall organize safety acceptance and issue inspection reports.

Safety the completion report shall include the following main elements:

(A) the safety facilities design meets safety standards, industry standards and local standards and technical specifications;

(B) whether the construction of safety facilities comply with the design requirements;

(C) the safety equipment operation;

(D) completion of acceptance issued by units and personnel;

(E) the employer views on the final acceptance of the results;

(Vi) shall set forth the matters.

    Security facilities without acceptance or acceptance is not qualified, the construction projects shall not be used in production.

    Supervision and administration of the fifth chapter

35th security facilities of construction project supervision and control by the people's Governments above the county level and their departments responsible for the supervision and administration of production safety classification is responsible for implementation:

(A) the provincial people's Government and the relevant departments to establish the project's construction projects by the provincial authorities responsible for the

(B) the district municipality (State) people's Government and the relevant departments to establish the project's construction project by the city divided into districts (State) Government departments responsible for the

(C) the county people's Governments and relevant departments to establish the project's construction projects by the relevant departments of the people's Governments at the county level are responsible for;

(D) relevant departments can supervises the Government and the relevant departments to establish the project's construction projects.

    (E) the higher authorities may authorize subordinates responsible for the supervision and management of its construction projects.

Article 36th departments responsible for the supervision and administration of production safety shall, in accordance with their respective responsibilities, establishing and perfecting safety supervision and management system, strengthen supervision and management, urging units to implement security infrastructure responsibilities.

    Production safety supervision and management departments at or above the county level shall strengthen the other departments within their respective administrative areas of safety supervision and management oversight, direction and coordination, project project found in violation of these regulations, handling of administrative license, it shall submit a security monitor.

37th security facilities of construction project safety review, design review, when it is completed, according to the specific circumstances of the project, organized by the work safety supervision and management departments should notify other relevant departments to participate in from other relevant departments shall notify the safety supervision and management departments to participate in. Departments responsible for the supervision and administration of production safety above the county level should strengthen communication and exchanges, information sharing to achieve safety facilities of construction project supervision and management.

    Relevant departments should use this safety facilities of construction project supervision and management of the CC, work safety supervision and management departments at the same level.

    Article 38th departments responsible for the supervision and administration of production safety shall conduct supervision and inspection for construction units, security facilities in breach of the laws, regulations, rules and regulations, shall order the correct behavior should be given administrative punishments according to law, in accordance with relevant laws, regulations, rules and regulations made the decision on administrative penalty.

39th departments responsible for the supervision and administration of production safety in construction project safety review process, the Organization of not less than 3 members of the Group of experts or entrusted with a corresponding qualification of professional bodies and professional reviews.

Authorities a written review of information provided by the applicant and, if necessary, can send or organizing groups of experts for on-site verification, professional institutions, field verification of time are not included in the review period.

    Review of security facilities of construction projects on the basis of documents, concluding observations and other relevant materials, materials issued by the unit for its authenticity, integrity and scientific responsibilities.

    The sixth chapter legal liability

40th acts in violation of these rules, the relevant laws, rules and regulations on administrative penalties and administrative sanctions provided for, from its provisions.

    The administrative penalties as provided herein, determined by the production safety supervision and management departments at or above the county level; laws, rules and regulations on administrative punishment decision otherwise provides, from its provisions.

41st construction violates these rules, any of the following acts, a rectification; fails to mend, shall be ordered to stop construction or suspend production or business for rectifications, may be of less than 10,000 yuan and 30,000 yuan fines resulted in the accident shall be investigated for criminal liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) without the project to set up security audits or reviews are not eligible to defraud initiation formalities;

(B) without safety facilities, facilities for the design or designs without a review;

(C) the safety devices without acceptance or acceptance is not qualified, without authorization, used in production;

    (D) has passed the safety review of significant changes in the project, not reapply for review by the owner. 42nd article security evaluation institutions violation this approach provides, issued false proved, constitute crime of, law held criminal; is not constitute crime of, in accordance with People's Republic of China safety method provides confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following fine; no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following fine,

Directly responsible to the head of personnel and other persons directly responsible for 3000 Yuan and 10,000 yuan fine; causing harm to others, and the construction unit shall bear joint and several liability.

    For safety evaluation agencies of violations in the preceding paragraph, it shall revoke the corresponding qualification, direct participation in the safety assessment of evaluators, revoked the corresponding qualification.

43rd people's Government above the county level and their departments, staff, any of the following acts, individuals shall be given administrative sanctions, causing damage, the violator shall bear liability constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) violation of laws, regulations, rules and regulations, establishment and processing construction projects without authorization of an administrative license;

(B) the violation of these rules to review safety facilities of construction projects;

(C) the supervision and inspection found safety facilities of construction projects without the review, acceptance, or upon receipt of the report not be investigated and dealt with according to law;

(Iv) found used in production facility no longer meets the conditions for safe production of construction project security and failing to withdraw the original license or find safety violations are not investigated;

(E) specify the designs of safety facilities and safety assessment of construction project organization;

    (Vi) other acts of abuse of authority, dereliction of duty or engages in.

    The seventh chapter by-laws 44th these measures shall come into effect on July 1, 2011.