At present, laws, administrative regulations and departmental rules clearly stipulate the "three simultaneities" supervision and management of safety facilities in construction projects such as mines, dangerous chemicals, fireworks and firecrackers. Because the safety supervision departments directly supervise the three high-risk industries, the safety supervision departments at all levels attach great importance to it, and combined with their own reality, they have introduced specific review procedures, which further enhanced the operability and made the law enforcement inspection more reasonable and well-founded. In addition, several rounds of top-down special actions to "crack down on illegal activities" have been taken. However, the supervision of "three simultaneities" of safety facilities in construction projects other than mines, dangerous chemicals and fireworks (hereinafter referred to as general construction projects) lacks the support of laws and administrative regulations, and has not attracted enough attention from some relevant departments, resulting in imperfect safety facilities in construction projects that have been put into production or use, a serious shortage of investment in safety production and a large number of potential safety hazards. In recent years, there have been many production safety accidents caused by the safety facilities of general construction projects being put into use without completion acceptance, which should be paid enough attention to. As the last stage before the construction project is put into production or use, in order to do a good job in the completion and acceptance of safety facilities in general construction projects, the law enforcement officers of Qingzhou Safety Supervision Bureau studied hard according to relevant laws, regulations and rules, and went to relevant functional departments to learn about the implementation of the completion and acceptance of construction projects and safety facilities as preconditions for handling relevant permits, and conducted in-depth discussions on how to strengthen the supervision of the completion and acceptance of safety facilities, striving for a new breakthrough in this respect. I. Provisions of relevant laws, regulations and rules on the completion and acceptance of safety facilities (1) Relevant provisions of the Safety Production Law. Article 24 of the Law on Work Safety, which came into effect on June 1 65438+1October12002, stipulates that the safety facilities of new construction, renovation and expansion projects of production and business units must be designed, constructed and put into production and use at the same time as the main project. Article 27 stipulates that mine construction projects and construction projects for the production and storage of dangerous goods must be checked and accepted in accordance with the provisions of relevant laws and administrative regulations before they are completed and put into production or use; Only after the acceptance is qualified can it be put into production. Article 83 stipulates that before a mine construction project or a construction project for the production and storage of dangerous goods is completed and put into production or use, if the safety facilities fail to pass the inspection, it shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop construction or suspend production for rectification, and may be fined up to 50,000 yuan; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law. The Law on Safety in Production only stipulates mine construction projects and construction projects that produce and store dangerous goods, and does not apply to the completion acceptance of safety facilities in general construction projects. (2) The relevant provisions of the Regulations on Work Safety in Shandong Province. Article 16 of the Regulations on Safety in Production in Shandong Province, which came into effect on June 1 2006, stipulates that the safety facilities of new construction, reconstruction and expansion projects of production and business units must be designed, constructed and put into production and use at the same time as the main project. Before a construction project is completed and put into production or use, safety facilities must be checked and accepted according to law. Article 44 stipulates that if the safety facilities of construction projects are illegally used without design review and completion acceptance, they shall be ordered to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop construction or suspend production and business for rectification, and may be fined between 20,000 yuan and 50,000 yuan. Although the Regulations on Safety in Production in Shandong Province is applicable to the completion and acceptance of safety facilities in general construction projects, its expression is not specific enough and lacks operability. (3) OrderNo. of relevant regulations. Shandong Provincial People's Government 2 13. Article 38 of the Measures for the Supervision and Management of Safety Facilities of Industrial Production and Construction Projects in Shandong Province, which came into effect on August 1 2009, stipulates that industrial production and construction projects refer to new construction, reconstruction and expansion projects used by industrial production units for production. Article 7 stipulates that industrial production and construction projects are divided into key supervision construction projects and non-key supervision construction projects. The scope of key supervision construction projects includes: mine construction projects; Construction projects for the production and storage of dangerous goods; Construction projects that use dangerous goods as raw materials, facilities and equipment to constitute major hazard sources; Ferrous and nonferrous metal smelting construction projects; Major construction projects in chemical industry, building materials, light industry, shipbuilding and other industries (Lufa [2009] No.81is defined as projects with a total investment of more than 50 million yuan); Other construction projects stipulated by the state. The general construction projects we refer to here include some key supervision construction projects and all non-key supervision construction projects. Article 27 stipulates that before the key supervision construction project is put into production (use), the investment and construction unit shall apply to the safety production supervision and management department for the completion and acceptance of the safety facilities of the construction project, and submit the following materials (the contents are clear and specific, and will not be repeated here). The completion and acceptance of safety facilities of non-key supervision construction projects shall be organized and implemented by investment and construction units according to law. Acceptance should be reported to the safety production supervision and management department for the record (lack of record information). Article 23 stipulates that after the safety facilities of a construction project are completed, the investment and construction unit shall organize the inspection of the safety facilities of the construction project according to law to ensure that the safety facilities of the construction project meet the safety requirements and are in a normal applicable state. Article 30 stipulates that relevant units shall strictly examine the completion acceptance of safety facilities of construction projects before organizing the overall completion acceptance of construction projects. If the safety facilities of the construction project are unqualified, the overall completion acceptance shall not be organized, and the investment and construction unit shall not be put into production and use. This provision is an important basis for the completion and acceptance of safety facilities as a precondition, and it is also the basis for the relevant functional departments to strengthen coordination and form a joint effort. Article 32 stipulates that if the safety facilities of a construction project are put into production and use without passing the acceptance according to law, the safety production supervision and management department of the people's government at or above the county level shall order it to make corrections within a time limit; Overdue correction, a fine of 20 thousand yuan and 30 thousand yuan; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated according to law. Article 33 stipulates that if the safety facilities of a construction project are not inspected and tested according to law after completion, the safety production supervision and management department of the people's government at or above the county level shall give a warning and order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 3000 yuan 1000 yuan will be imposed (with clear law enforcement basis and strong operability). To sum up, Order No.2 13 clearly stipulates the requirements for the completion and acceptance of safety facilities for general industrial production and construction projects, except for the filing of non-key supervision construction projects, and the supporting documentNo. Lufa [2009]8 1 further enhances its operability. The disadvantage is that the scope of supervision is small, which is limited to the construction projects of certain industries in industrial production. (4) The relevant provisions of Order No.36 of state administration of work safety. 1 1 Article 2 of the Interim Measures for the Supervision and Management of Safety Facilities of Construction Projects, which came into effect in February, stipulates that these measures (the scope of supervision is extended to basically cover all construction projects) are applicable to the safety facilities construction of production and business units approved, approved or filed by the people's governments at or above the county level according to law. Article 23 stipulates that after the safety facilities of a construction project are completed or put into trial operation, the production and business operation entity shall entrust a safety evaluation institution with corresponding qualifications to conduct acceptance evaluation of the safety facilities and prepare a safety acceptance evaluation report of the construction project. The safety acceptance evaluation report of construction projects shall conform to the provisions of national standards or industry standards. The provisions of this article require that the safety facilities of all construction projects within the scope of supervision should be completed and accepted, and the safety acceptance evaluation should be carried out and an evaluation report should be prepared. Therefore, even for construction projects other than those specified in Article 7 of these Measures, the safety acceptance evaluation report shall be regarded as one of the documents for the completion and acceptance of its safety facilities. Article 24 stipulates that before non-coal mine construction projects, construction projects for producing and storing hazardous chemicals (including construction projects for transporting hazardous chemicals through long-distance pipelines) and construction projects for producing and storing fireworks and firecrackers are completed and put into production or use, the production and business operation entity shall apply to the safety production supervision and management department for the completion and acceptance of safety facilities. Before the national and provincial key construction projects in chemical industry, metallurgy, nonferrous metals, building materials, machinery, light industry, textiles, tobacco, commerce, military industry, highways, water transport, rail transit, electric power and other industries are completed and put into production or use, the production and business operation entity shall file with the safety production supervision and management department and submit the following documents (the contents are clear and specific, and will not be repeated here). Only the scope of national and provincial key construction projects is difficult to define). Article 27 stipulates that the production and business operation entity shall organize the completion acceptance of the safety facilities of construction projects beyond the scope specified in Article 7 of these Measures, form a report and report it to the safety production supervision and management department for the record (there is no requirement for the record content, but it shall have the safety acceptance evaluation report). Article 29 stipulates that if the safety facilities of a construction project are not designed, constructed and put into use at the same time as the main project, the safety production supervision and management department shall not approve the relevant administrative license, and at the same time order the production and business operation units to stop construction immediately, correct the illegal acts within a time limit, and impose administrative penalties on the relevant production and business operation units and personnel according to law. Article 35 stipulates that if a construction project other than that specified in Article 7 of these Measures fails to organize the completion and acceptance of safety facilities and forms a written report and reports it to the safety production supervision and management department for the record, the production and business operation entity shall be ordered to make corrections within a time limit and may be fined between 5,000 yuan and 30,000 yuan (with clear law enforcement basis and strong operability). To sum up, the supervision scope of Order No.36 is relatively large, emphasizing the completion and acceptance of safety facilities for general construction projects. Put forward clear requirements for the completion and acceptance of safety facilities of national and provincial key construction projects, and refer to the requirements for the completion and acceptance of safety facilities of construction projects other than those stipulated in Article 7 of the Measures. In combination with Order No.2 13 of Shandong Provincial Government and Order No.36 of State Administration of Work Safety, the safety facilities of general construction projects within the supervision scope of Order No.2 13 shall be completed and accepted in strict accordance with regulations, and the coordination of relevant departments shall be strengthened to form a joint force of supervision; For the general construction project 2 13 whose order number is beyond the scope of supervision, the completion acceptance of safety facilities can be handled in accordance with the requirements of state administration of work safety Decree No.36, and specific requirements are put forward for the filing content. II. Basis and Status of Completion Acceptance of the Construction Department (1) Relevant provisions of the Construction Law. 11Article 6 1 of the Building Law, which came into effect in March, 1998, stipulates that the construction project delivered for completion and acceptance must meet the specified quality standards of the construction project, have complete technical and economic data of the project and sign the project warranty, and meet other completion conditions stipulated by the state (at that time, the "three simultaneities" of the construction project safety facilities were not put forward in legal form, which required this. (2) Relevant regulations of the Ministry of Construction. Article 5 of the Interim Provisions on Completion and Acceptance of Building Projects and Municipal Infrastructure Projects, which came into effect on June 30, 2000, stipulates eleven conditions that should be met in the completion and acceptance of projects, of which the tenth requirement is the approval document or permission document issued by the public security fire control and environmental protection departments (because the Law on Safety in Production was not promulgated at that time, the "three simultaneities" of safety facilities were not put forward, and the safety supervision department was not required to issue the approval document). Article 5 of the Administrative Measures for the Record of Completion Acceptance of Housing Construction Projects and Municipal Infrastructure Projects (Order No.2 of the Ministry of Housing and Urban-Rural Development), which came into effect on June 5438+1October 9, 2009, stipulates that the construction unit shall submit six documents for the record of completion acceptance of the project, the third of which is the approval document or permission document issued by the planning, environmental protection and other departments according to laws and administrative regulations; The fourth item is the acceptance certificate of special construction projects such as large-scale crowded places that should be issued by the public security fire department according to law (there is still a lack of approval documents issued by the safety supervision department). To sum up, due to the lack of the support of laws and administrative regulations, the relevant departments have not paid enough attention to it and cannot form a joint force of safety supervision. As a prerequisite for the overall acceptance of construction projects and the relevant departments to handle administrative licensing, it is difficult to achieve the completion acceptance of safety facilities in general construction projects. Only through the supervision and law enforcement inspection of safety supervision departments can we strengthen supervision in this regard. Three. Some thoughts on promoting the completion and acceptance of safety facilities in general construction projects (1) suggest that the state introduce administrative regulations in this regard or further improve local regulations and departmental rules to further strengthen the law-abiding nature of supervision and law enforcement. (II) The local government issued guidance on the completion and acceptance of safety facilities in general construction projects, improved the procedures for the completion and acceptance of construction projects, emphasized the coordination among relevant functional departments, and regarded the completion and acceptance of safety facilities as a precondition for the construction department to handle the overall acceptance of construction projects, the housing management department to handle the real estate formalities, and the industrial and commercial department to handle the annual registration. (three) to strengthen the supervision of law enforcement on the completion and acceptance of safety facilities, require the construction projects that have been put into production or use to complete the completion and acceptance of safety facilities within the prescribed time limit, and urge the completion and acceptance of safety facilities before the overall completion and acceptance of projects under construction.

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