Safety Facilities Of Construction Project In Shaanxi Province Supervision And Administration

Original Language Title: 陕西省建设项目安全设施监督管理办法

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(19th of September 29, 2007, Shaanxi Provincial Executive meeting considered by people's Government of Shaanxi Province, on September 29, 2007 the 125th promulgated as of November 1, 2007) contents chapter I General provisions chapter II chapter III of the safety evaluation of the construction project safety facilities design chapter fourth inspection on safety facilities of the fifth chapter legal liability the sixth chapter supplementary articles chapter I General provisions article in order to prevent and reduce the production safety accident
    To protect people's life and property safety, in accordance with the People's Republic of China production safety law and the Shaanxi Province work safety laws and regulations, 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 new construction, renovation or expansion of production and operation of projects (collectively "construction project") construction of safety facilities and safety supervision and management. Article III the security facilities of construction projects, must be the main 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.
    Fourth provincial production safety supervision and management departments are responsible for supervision and administration of security facilities of construction projects across the province.
    City, County and district people's Government within the administrative area of production safety supervision and management departments are responsible for the safety facilities of construction project supervision and management.
    Fifth development and reform as well as other relevant departments above the county level people's Governments shall, in accordance with the security facilities of construction projects must be the principal part of the project designed, built and put into production and use requirements, registration and approval procedures. Sixth article Province Government safety supervision management sector is responsible for following construction project security facilities of design review and completed acceptance: (a) Province Government or province Government about sector approval, and approved, and record of construction project; (ii) across set district city of construction project; (three) production, and store Fireworks firecrackers of new project; (four) design total capacity for 1 million (containing 1 million) cubic metres above of tailings library construction project; (five) State safety supervision management sector delegate supervision management of construction project
    (Vi) national regulations by the provincial production safety supervision and management departments review and acceptance of other construction projects.
    Seventh article set district of city government safety supervision management sector is responsible for following construction project security facilities of design review and completed acceptance: (a) set district of City Government or set district of City Government about sector approval, and approved, and record of construction project; (ii) across County (city, and district) of construction project; (three) production, and store Fireworks firecrackers of alterations, and expansion project; (four) design total capacity for 1 million cubic metres following of tailings library construction project;
    (V) provincial government supervision and administration of production safety supervision and management departments commissioned construction projects.
    Eighth County work safety supervision and management departments are responsible for the following safety facilities of construction project design review and acceptance: (I) the county or county-level people's Governments for approval, approval and filing of construction projects, (ii) municipal work safety supervision and management departments of the district delegates supervision and management of construction projects.
    Nineth production and business operation entities shall entrust a qualified security assessment Agency safety evaluation of the construction project.
    Safety evaluation of safety evaluation of institution-building projects should be objective, impartial, and shall be liable on evaluation findings.
    Chapter two building construction of safety assessment of the tenth article of the project in the project feasibility study, shall demonstrate the safety conditions for construction projects.
    11th article units should on following construction project for security pre evaluation: (a) mine construction project; (ii) production, and business, and store dangerous chemicals of construction project; (three) production, and store Fireworks firecrackers of construction project; (four) architectural design fire specification provides fire risk for methyl class of production construction project; (five) explosion dangerous places security provides provides explosion dangerous places grade for special dangerous places and height dangerous places of construction project;
    (F) national and provincial regulations as dangerous or hazardous factors in other construction projects. 12th according to the way 11th section for the safety evaluation of construction projects, the construction unit shall entrust a qualified security assessment agency prepared the report on the safety assessment of.
    Security pre evaluation report book should including following content: (a) main dangerous, and harmful factors and against degree and on public security effect of qualitative, and quantitative evaluation; (ii) prevention and control main dangerous, and harmful factors of possibilities evaluation; (three) may caused career against of evaluation; (four) security countermeasures measures, and security facilities design principles; (five) pre evaluation conclusion; (six) other need description of matters.
    The 13th report on the safety assessment of organized by the work safety supervision and management departments should be specialists in the field.
    14th 11th construction projects outside of the article herein, construction unit at the time of construction project feasibility study, the conditions of security and safety facilities of construction projects should be analyzed and reported production safety supervision and management departments.
    15th dangerous chemicals in the safety evaluation of construction project is completed, should be based on the safety management of dangerous chemical Enterprise set up to review the Ordinance.
    Highly toxic chemicals production, storage, enterprise of the establishment of the review, approved by the provincial work safety supervision and management departments, and submitted to the provincial people's Government for approval; other dangerous chemical production and storage enterprises to establish review by District municipal work safety supervision and management departments, districts of city people's Government.
    Chapter III safety facilities design 16th the preliminary design of construction projects shall entrust a qualified design unit. The 17th article in accordance with the way 11th section of the preliminary design of the project should be based on the safety assessment report compiled safety articles. Security designed article should contains following content: (a) design according to; (ii) construction project overview; (three) construction project around security environment analysis; (four) building and the site layout; (five) production process dangerous, and harmful factors analysis; (six) security facilities design take of prevention measures; (seven) security institutions set and the personnel equipped with situation; (eight) security special investment estimates; (nine) security pre evaluation report in the of countermeasures and the recommends adopted situation; (ten) expected effect and exists of problem and built
    Discussion (11) country and this province need to note other matters.
    18th article meet this approach 11th article provides project of units should in construction project preliminary design completed Hou, to safety supervision management sector proposed construction project security facilities preliminary design audit application, and submitted following information: (a) construction project approval (approved, and record) file; (ii) security pre evaluation report book and the review information; (three) construction project preliminary design report and the security designed article; (four) national and this province provides need submitted of other material. 19th of production safety supervision and management departments receiving a security facility preliminary design review application, shall organize relevant experts within the 10 working days to review the information.
    Has following case one of of, shall not through security audit: (a) security facilities design by not has corresponding qualification of design units bear of; (ii) main against control measures not meet national and this province about provides of; (three) security facilities design not meet national standards and industry technology specification of; (four) security equipment, and facilities, and equipment not meet national standards and industry standard of; (five) not meet legal regulations provides of other conditions of.
    20th construction projects of significant changes in the designs of safety facilities should be reported to work safety supervision and management departments approved.
    21st preliminary designs of safety facilities of construction projects without the consent of production safety supervision and management departments, and not under construction. The fourth chapter inspection on safety facilities safety for 22nd construction projects and the construction of the main part of the project. Construction unit found that safety equipment design or when there are major security risks, should stop the construction and reporting unit for rectification.
    After passing the corrective action in order to resume construction.
    23rd once the security facilities of construction projects, the construction unit shall check the safety devices, to find problems in time for rectification.
    24th prior to completion of construction projects, the construction unit shall entrust a qualified security assessment agency after acceptance evaluation of safety facilities, production safety supervision and Administration Department.
    25th article units to safety supervision management sector proposed security facilities acceptance application Shi, should submitted following information: (a) construction project try run self-examination report; (ii) security acceptance evaluation conclusion; (three) security institutions set or personnel equipped with situation; (four) main head, and safety management personnel and special job personnel security training situation; (five) safety accountability, and security regulations and security operation; (six) accident emergency rescue plans;
    (G) national and provincial requirements to submit additional material.
    26th safety equipment of production safety supervision and management departments receiving unit after acceptance of the application shall be organized within the 20 working days checked.
    27th article security facilities acceptance in the has following case one of of, shall not through security facilities acceptance: (a) security facilities and security conditions not reached design requirements of; (ii) not by provides established security management institutions or equipped with safety management personnel of; (three) Enterprise main head, and safety management personnel and special job personnel not after security training or not has corresponding qualification of; (four) not meet legal regulations provides of other conditions of.
    Construction projects shall upon the acceptance by the production safety supervision and management departments, and be put into production and use.
    Fifth chapter legal liability article 28th units in violation of regulations, simultaneously with the principal part of the project work safety facilities designed, constructed and put into operation simultaneously in the production and use of, work safety supervision and management departments above the county level people's Government a rectification; fails to rectify, order to suspend for rectification, and a fine of less than 20,000 yuan and 100,000 yuan. 29th article bear security evaluation, and detection, and test work of units issued false proved, suspected crime of, transferred judicial organ law investigation; is enough criminal punishment of, confiscated illegal proceeds, illegal proceeds in 5000 Yuan above of, and at illegal proceeds twice times above 5 times times following of fine, no illegal proceeds or illegal proceeds insufficient 5000 Yuan of, single at or and at 5000 Yuan above 20,000 yuan following of fine,
    Directly responsible to the charge and the other persons of less than 5000 Yuan and 50,000 yuan fine harm is done 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. 30th article safety supervision management sector of staff, has following behavior one of of, law give administrative sanctions; suspected crime of, transferred judicial organ law investigation: (a) violation provides program and conditions be through construction project security facilities preliminary design security review and construction project security acceptance of; (ii) found not law made approved, and acceptance of construction project, or received reported Hou not banned or not law be processing of; (three) on has law made approved of construction project, not perform regulatory duties
    And found that it no longer meets the safety criteria and does not rescind approval or find safety violations are not investigated; (iv) designation of project design and safety assessment bodies; (e) other acts of abuse of authority, dereliction of duty or engages in.
    Sixth chapter supplementary articles article 31st of coal mine safety facilities of construction project supervision and management in accordance with the provisions of relevant laws and regulations.
                                                                                            32nd article this way come into effect on November 1, 2007.

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