Measures for the Safety Supervision and Administration of Hazardous Chemical Construction Projects (2015Amendment)

Measures for the Safety Supervision and Administration of Hazardous Chemical Construction Projects (2015Amendment) Measures for the Safety Supervision and Administration of Hazardous Chemical Construction Projects (Issued by the Order No. 45 of the State Administration of Work Safety on January 4, 2012; Amended by the Order No. 79 of the State Administration of Work Safety on May 27, 2015) Chapter I General Provisions Article 1 To strengthen the safety supervision and administration of hazardous chemical construction projects and regulate the safety examination thereof, these Measures are formulated pursuant to the Work Safety Law of the People's Republic of China , the Regulation on the Safety Management of Hazardous Chemicals and other relevant laws and administrative regulations. Article 2 These Measures shall apply to the safety management of new construction projects, reconstruction projects, and expansion projects for hazardous chemical production and storage and chemical construction projects with hazardous chemical by-products within the territory of the People's Republic of China (including construction projects of long-distance transmission pipelines for hazardous chemicals, hereinafter collectively referred to as the “construction projects”) and the supervision and administration thereof. These Measures shall not apply to the construction projects for the exploration, exploitation, and accessory storage of hazardous chemicals, the exploration, exploitation, accessory storage, and maritime transmission of crude oil and natural gas, and the transmission and storage of urban gas, among others. Article 3 For the purposes of these Measures, “safety examination of construction projects” means the examination on the safety conditions and the design of safety facilities of construction projects. The application for the safety examination of a construction project shall be filed by the construction employer, and the work safety supervision and administration departments shall be responsible for conducting the safety examination according to their levels of authority under these Measures. The construction employer shall be responsible for organizing and implementing, in accordance with the law, the as-built acceptance check of the safety facilities of a construction project. Where a construction project has not passed the safety examination and as-built acceptance check of its safety facilities, the construction of it may not commence or it may not be put into production (or put to use) Article 4 The State Administration of Work Safety (“SAWS”) is responsible for directing and overseeing the implementation of the safety examination of construction projects and as-built acceptance check of the safety facilities of construction projects nationwide, and is responsible for conducting the safety examination of the following construction projects: 1. projects examined and approved by (ratified by, filed with) the State Council; and 2. projects covering more than one province, autonomous region or municipality directly under the Central Government. Work safety administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government (hereinafter referred to as “work safety administrative departments at the provincial level”) shall direct and oversee the supervision and administration of the safety examination of construction projects and as-built acceptance check of the safety facilities of construction projects within their respective administrative regions; determine and publicize the scope of construction projects, other than those described in the preceding paragraph, which are subject to the administration of the work safety administrative department of the people's government at the level of a city divided into districts (hereinafter referred to as “work safety administrative department at the city level”) in their respective departments and administrative regions; and file such projects with SAWS. Article 5 The work safety administrative departments at the provincial level shall be in charge of safety examination of construction projects that fall under any of the following circumstances: 1. projects examined and approved by (ratified by, filed with) the investment administrative department under the State Council; 2. projects producing highly toxic chemicals; and 3. projects as determined by the work safety administrative departments at the provincial level, other than those described in Paragraph 1, Article 4 of these Measures. Article 6 If necessary, the work safety administrative departments in charge of the safety examination of construction projects may entrust their safety examination work to the work safety administrative departments at the next lower level. If the safety examination of a construction project is entrusted, the entrusted work safety administrative department shall be in charge of issuing the examination results. The entrustment, to other departments, of the safety examination of construction projects that cover more than one province, autonomous region or municipality directly under the Central Government, and those projects producing highly toxic chemicals, is not permitted. The safety examination of construction projects which fall under any of the following circumstances may not be entrusted to the work safety administrative departments of the people's governments at the county level: 1. projects involving dangerous chemical techniques that are under primary supervision as announced by SAWS; and 2. projects involving toxic gas, liquefied gas, flammable liquids and explosives that are among the hazardous chemicals under primary supervision as announced by the SAWS and constituting major danger sources. Entrusted work safety administrative departments may not entrust the safety examination of construction projects entrusted to them to other entities. Article 7 Entities of design, construction, supervision and safety evaluation of construction projects shall have corresponding qualifications and assume responsibility for their work. Construction projects involving dangerous chemical techniques under primary supervision, hazardous chemicals under primary supervision, or major danger sources of hazardous chemicals shall be designed by design entities with corresponding qualifications in the petroleum, chemical or medical sectors. Chapter II Examination on the Safety Conditions of Construction Projects Article 8 A construction entity shall, at the feasibility study phase of a construction project, commission a safety evaluation agency with corresponding qualifications to evaluate the safety of the construction project. A safety evaluation agency shall evaluate the safety of a construction project according to the relevant laws, regulations, rules, national standards and industrial standards on work safety, and issue a construction project safety evaluation report. Such a report shall meet the requirements of the Detailed Rules for the Safety Evaluation of Hazardous Chemical Construction Projects. Article 9 The safety evaluation of a construction project under any of the following circumstances shall be conducted by a Grade I safety evaluation agency: 1. the project is examined and approved by (ratified by, filed with) the investment administrative department under the State Council; 2. the project produces highly toxic chemicals; 3. the project covers more than one province, autonomous region or municipality directly under the Central Government; or 4. the project is under other circumstances as provided for by laws, regulations or rules. Article 10 Before the preliminary design of a construction project starts, the construction entity shall apply to the work safety administrative department as mentioned in Article 4 or 5 of these Measures for examination on the safety conditions of the construction project, submit the following documents or materials, and assume responsibility for their veracity: 1. an application form and application documents for examination on the safety conditions of the construction project; 2. a safety evaluation report on the construction project; 3. the approval, ratification or filing documents, and the relevant planning document for the construction project (duplicate); and 4. the business license or the notice for pre-approval of enterprise name as issued by the administrative department for industry and commerce (duplicate). Article 11 If the application documents or materials submitted by a construction entity for examination on the safety conditions of the construction project are complete and in statutory form, the work safety administrative department shall accept them on the spot and notify the construction entity in writing. If the application documents or materials for examination on the safety conditions of the construction project are incomplete or not in statutory form, the work safety administrative department shall, within five working days after receiving them, provide one-time written notification to the construction entity of all contents that need to be supplemented or corrected; if the work safety administrative department fails to notify the construction entity in time, the application shall be deemed accepted on the date when the application documents or materials are received. Article 12 After accepting an application for examination on the safety conditions of a construction project, the work safety administrative department shall assign relevant personnel or organize experts to examine the application documents or materials and, within 45 days after accepting the application, issue an examination opinion on the safety conditions of the construction project to the construction entity. The examination opinion will be valid for two years. If the work safety administrative department needs to verify the substantive contents of the application documents or materials according to the statutory conditions and procedures, it shall assign a minimum of two persons to conduct an on-site verification. The time needed by the construction entity to correct problems discovered in an on-site verification and to modify the application documents or materials is not included in the time limit as mentioned in this Article. Article 13 A construction project shall fail the safety conditions examination if it falls under any of the following circumstances: 1. there is any significant defect or omission in the safety evaluation report, such as incomplete or incorrect identification or evaluation of the major dangers or hazardous factors of the construction project; 2. the construction project does not conform to the relevant laws, regulations, rules, national standards and industrial standards on work safety in terms of its distance from surrounding sites or establishments or the natural conditions of the site selected for construction; 3. the primary technologies or techniques ......