Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals
Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals
Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals
Order of the State Administration of Work Safety No.45
January 30, 2012
The Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals, which were deliberated and adopted at the director general's executive meeting of the State Administration of Work Safety on January 4, 2012, are hereby promulgated and become effective as of April 1, 2012. The Implementing Measures for Safety Permission of Construction Projects of Dangerous Chemicals, promulgated by the State Administration of Work Safety on September 2, 2006, shall be abolished simultaneously.
Luo Lin from the State Administration of Work Safety
Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals
Chapter I General Provisions
Article 1 In order to strengthen the supervision and administration of the safety of construction projects of dangerous chemicals and regulate the safety review of the construction projects of dangerous chemicals, the Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals (these "Measures") are hereby formulated in accordance with the Work Safety Law of the People's Republic of China, the Administrative Regulations on the Safety of Hazardous Chemicals and other laws and administrative regulations.
Article 2 The safety review and supervision and administration of new construction, reconstruction and expansion projects of production and storage of dangerous chemicals and the chemical construction projects with the production of dangerous chemicals (including the construction projects of long-distance pipelines of dangerous chemicals, collectively "construction projects") shall be subject to these Measures.
Construction projects such as the exploration, mining and auxiliary storage of dangerous chemicals, the exploration as well as supporting transmission and storage of mining of crude oil and natural gas, and the transmission and storage of urban gas are not subject to these Measures.
Article 3 The safety review of the construction projects mentioned hereunder refers to the review of safety conditions and the design review and completion examination and acceptance of safety facilities of construction projects.
Construction entities shall apply for the safety review of construction projects, and supervision and administration departments of work safety shall conduct the review by levels pursuant to these Measures. For any construction project not receiving the safety review, the start of construction or production (use) will not be allowed.
Article 4 The State Administration of Work Safety guides and supervises the implementation of safety review of national construction projects, and conducts the safety review of the construction projects below:
1. construction projects examined and approved (ratified and filed) by the State Council; and
2. construction projects across provinces, autonomous regions or municipalities directly under the Central Government.
The supervision and administration departments of work safety under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government ("province-level supervision and administration departments of work safety") guide and supervise the supervision and administration of work safety of the construction projects within their respective jurisdictions, determine and publish the scopes of construction projects other than those stipulated in the preceding paragraph as implemented by themselves and the supervision and administration departments of work safety under the people's governments of cities divided into districts within their respective jurisdictions ("city-level supervision and administration departments of work safety"), and submit them to the State Administration of Work Safety for filing. (Relevant articles: four articles under Laws)
Article 5 If any construction project is involved in any of the following circumstances, the related province-level supervision and administration department of work safety shall take charge of safety review:
1. the construction project examined and approved (ratified and filed) by the competent investment department under the State Council;
2. the construction project relating to the production of poisonous chemicals; or
3. any construction project other than those stipulated in Paragraph 1 of Article 4 hereof as determined by a province-level supervision and administration department of work safety. (Relevant articles: four articles under Laws)
Article 6 According to work needs, a supervision and administration department of work safety in charge of the safety review of construction projects may entrust its safety review work of construction projects to the supervision and administration department of work safety at the next level. In this case, review results are the responsibility of the entrusted supervision and administration department of work safety. The safety review of construction projects across provinces, autonomous regions or municipalities directly under the Central Government and those relating to the production of poisonous chemicals shall not be entrusted.
If any construction project is involved in any of the following circumstances, the safety review thereof shall not be entrusted to a related supervision and administration department of work safety at the prefecture level:
1. a construction project involving a mainly regulated dangerous chemical process published by the State Administration of Work Safety; or
2. a construction project involving any poisonous gas, liquefied gas, flammable liquid or explosive among the mainly regulated dangerous chemicals published by the State Administration of Work Safety and constituting a major hazard source.
The supervision and administration department of work safety receiving entrustment shall not entrust the safety review of a construction project accepted by any other entity. (Relevant articles: five articles under Laws)
Article 7 The design, construction and supervision entities and safety assessment institutions of construction projects shall have corresponding qualifications, and be responsible for the work results thereof.
Construction projects involving any mainly regulated dangerous chemical process, mainly regulated dangerous chemical or major hazard source of any dangerous chemical shall be designed by design institutions with corresponding qualifications in petroleum, chemical and medicine industries.
Chapter II Review of the Safety Conditions of Construction Projects
Article 8 At the feasibility study phase of a construction project, the construction entity concerned shall demonstrate the following safety conditions, and prepare a report on the demonstration of safety conditions:
1. whether the construction project conforms to industrial policies and layout of the state and local governments;
2. whether the construction project conforms to the regional planning of local government;
3. whether the site selection of the construction project conforms to the Code for the Design of the General Plan of Industrial Enterprises (GB50187), the Code for the Design of the General Plot Plan and Transportation of Chemical Industrial Enterprises (GB50489) and other relevant standards; if a construction project involves long-distance pipelines for dangerous chemicals, and whether the site selection of the construction project conforms to the Code for the Design of Gas Transmission Pipeline Engineering (GB50251), the Code for the Fire Protection Design of Petroleum and Natural Gas Engineering (GB50183) and other relevant standards;
4. important surrounding places, regions and resident distribution of the construction project, the distribution of facilities of the construction project and continuous production and operation activities and mutual influences thereof, and whether safety precautions are scientific and feasible;
5. the influence of local natural conditions on the work safety of the construction project, and whether safety measures are scientific and feasible;
6. whether major technologies and processes are mature and reliable; and
7. if the construction project relies on original production and storage conditions, whether such conditions are safe and reliable. (Relevant articles: one article under Legal News and four articles under Laws)
Article 9 At the feasibility study phase of a construction project, the construction entity concerned shall entrust a safety assessment institution with corresponding qualification to carry out the safety assessment for the said project.
Pursuant to laws, regulations, rules, state standards and industrial standards with regard to work safety, the safety assessment institution shall carry out the safety assessment for the construction project, and issue a report on the safety assessment of the construction project.
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Order of the State Administration of Work Safety No.45
January 30, 2012
The Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals, which were deliberated and adopted at the director general's executive meeting of the State Administration of Work Safety on January 4, 2012, are hereby promulgated and become effective as of April 1, 2012. The Implementing Measures for Safety Permission of Construction Projects of Dangerous Chemicals, promulgated by the State Administration of Work Safety on September 2, 2006, shall be abolished simultaneously.
Luo Lin from the State Administration of Work Safety
Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals
Chapter I General Provisions
Article 1 In order to strengthen the supervision and administration of the safety of construction projects of dangerous chemicals and regulate the safety review of the construction projects of dangerous chemicals, the Measures for the Supervision and Administration of the Safety of Construction Projects of Dangerous Chemicals (these "Measures") are hereby formulated in accordance with the Work Safety Law of the People's Republic of China, the Administrative Regulations on the Safety of Hazardous Chemicals and other laws and administrative regulations.
Article 2 The safety review and supervision and administration of new construction, reconstruction and expansion projects of production and storage of dangerous chemicals and the chemical construction projects with the production of dangerous chemicals (including the construction projects of long-distance pipelines of dangerous chemicals, collectively "construction projects") shall be subject to these Measures.
Construction projects such as the exploration, mining and auxiliary storage of dangerous chemicals, the exploration as well as supporting transmission and storage of mining of crude oil and natural gas, and the transmission and storage of urban gas are not subject to these Measures.
Article 3 The safety review of the construction projects mentioned hereunder refers to the review of safety conditions and the design review and completion examination and acceptance of safety facilities of construction projects.
Construction entities shall apply for the safety review of construction projects, and supervision and administration departments of work safety shall conduct the review by levels pursuant to these Measures. For any construction project not receiving the safety review, the start of construction or production (use) will not be allowed.
Article 4 The State Administration of Work Safety guides and supervises the implementation of safety review of national construction projects, and conducts the safety review of the construction projects below:
1. construction projects examined and approved (ratified and filed) by the State Council; and
2. construction projects across provinces, autonomous regions or municipalities directly under the Central Government.
The supervision and administration departments of work safety under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government ("province-level supervision and administration departments of work safety") guide and supervise the supervision and administration of work safety of the construction projects within their respective jurisdictions, determine and publish the scopes of construction projects other than those stipulated in the preceding paragraph as implemented by themselves and the supervision and administration departments of work safety under the people's governments of cities divided into districts within their respective jurisdictions ("city-level supervision and administration departments of work safety"), and submit them to the State Administration of Work Safety for filing. (Relevant articles: four articles under Laws)
Article 5 If any construction project is involved in any of the following circumstances, the related province-level supervision and administration department of work safety shall take charge of safety review:
1. the construction project examined and approved (ratified and filed) by the competent investment department under the State Council;
2. the construction project relating to the production of poisonous chemicals; or
3. any construction project other than those stipulated in Paragraph 1 of Article 4 hereof as determined by a province-level supervision and administration department of work safety. (Relevant articles: four articles under Laws)
Article 6 According to work needs, a supervision and administration department of work safety in charge of the safety review of construction projects may entrust its safety review work of construction projects to the supervision and administration department of work safety at the next level. In this case, review results are the responsibility of the entrusted supervision and administration department of work safety. The safety review of construction projects across provinces, autonomous regions or municipalities directly under the Central Government and those relating to the production of poisonous chemicals shall not be entrusted.
If any construction project is involved in any of the following circumstances, the safety review thereof shall not be entrusted to a related supervision and administration department of work safety at the prefecture level:
1. a construction project involving a mainly regulated dangerous chemical process published by the State Administration of Work Safety; or
2. a construction project involving any poisonous gas, liquefied gas, flammable liquid or explosive among the mainly regulated dangerous chemicals published by the State Administration of Work Safety and constituting a major hazard source.
The supervision and administration department of work safety receiving entrustment shall not entrust the safety review of a construction project accepted by any other entity. (Relevant articles: five articles under Laws)
Article 7 The design, construction and supervision entities and safety assessment institutions of construction projects shall have corresponding qualifications, and be responsible for the work results thereof.
Construction projects involving any mainly regulated dangerous chemical process, mainly regulated dangerous chemical or major hazard source of any dangerous chemical shall be designed by design institutions with corresponding qualifications in petroleum, chemical and medicine industries.
Chapter II Review of the Safety Conditions of Construction Projects
Article 8 At the feasibility study phase of a construction project, the construction entity concerned shall demonstrate the following safety conditions, and prepare a report on the demonstration of safety conditions:
1. whether the construction project conforms to industrial policies and layout of the state and local governments;
2. whether the construction project conforms to the regional planning of local government;
3. whether the site selection of the construction project conforms to the Code for the Design of the General Plan of Industrial Enterprises (GB50187), the Code for the Design of the General Plot Plan and Transportation of Chemical Industrial Enterprises (GB50489) and other relevant standards; if a construction project involves long-distance pipelines for dangerous chemicals, and whether the site selection of the construction project conforms to the Code for the Design of Gas Transmission Pipeline Engineering (GB50251), the Code for the Fire Protection Design of Petroleum and Natural Gas Engineering (GB50183) and other relevant standards;
4. important surrounding places, regions and resident distribution of the construction project, the distribution of facilities of the construction project and continuous production and operation activities and mutual influences thereof, and whether safety precautions are scientific and feasible;
5. the influence of local natural conditions on the work safety of the construction project, and whether safety measures are scientific and feasible;
6. whether major technologies and processes are mature and reliable; and
7. if the construction project relies on original production and storage conditions, whether such conditions are safe and reliable. (Relevant articles: one article under Legal News and four articles under Laws)
Article 9 At the feasibility study phase of a construction project, the construction entity concerned shall entrust a safety assessment institution with corresponding qualification to carry out the safety assessment for the said project.
Pursuant to laws, regulations, rules, state standards and industrial standards with regard to work safety, the safety assessment institution shall carry out the safety assessment for the construction project, and issue a report on the safety assessment of the construction project.
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