Regulations on the Management of Town Gas in Henan Province (Measures for the Management of Town Gas in Henan Province)

Chapter I General Principles

Article 1 in order to strengthen the management of town gas, safeguard the supply of gas,

regulate the behavior of gas operation and use, prevent and reduce gas safety accidents, safeguard the lives of citizens, property safety and social security of the public **** safety, safeguard the legitimate rights and interests of gas operators and Gas users to safeguard the legitimate rights and interests of gas companies and promote the healthy development of the gas business, according to "Town Gas Management Regulations" and relevant laws and regulations, combined with the actual situation in the province, the development of this approach.

Article II of the gas referred to in these measures, refers to the use of gas as a fuel and meet certain requirements of gaseous fuels, including natural gas (including coalbed methane), liquefied petroleum gas and artificial gas.

Article III of the province's administrative areas of urban gas planning and construction and emergency security, operation and service, gas use, safety management and related management activities, the application of this approach.

The production and import of natural gas, liquefied petroleum gas, natural gas pipeline transmission outside the city gate station, the use of gas as raw materials for industrial production, biogas, straw gas production and use, does not apply to these measures.

Article IV of the people's governments at or above the county level and its relevant departments shall establish and improve the supervision and management of gas safety system, improve the level of gas management, encourage and support scientific and technological research on gas, do a good job in the gas management laws, rules and regulations and safe and economical use of gas propaganda popularization work to improve the awareness of gas safety.

Article V provincial people's government departments in charge of housing and urban-rural construction is responsible for the province's gas management.

People's governments at or above the county level housing and urban-rural construction (urban management, municipal utilities) is responsible for the administrative region of the gas management.

People's governments above the county level, development and reform, public security, environmental protection, transportation, industry and commerce, quality supervision, safety supervision, planning and other relevant departments, should be in accordance with their respective responsibilities, to do a good job of gas management.

Chapter II planning and construction and emergency security

Article 6 of the people's governments above the county level, the gas department shall, in conjunction with the relevant departments, based on national economic and social development planning, land use planning, urban and rural planning, energy planning, as well as the previous level of gas development planning, organization and preparation of gas development planning for the administrative region, reported to the people's government for approval after the implementation of the organization and report to the higher level of people's government gas department for the record. Report the gas department of the people's government at the next level for the record.

Gas development planning for economic and social development needs to be revised, should be in accordance with the original procedures for approval and record.

Article 7 of the new urban construction, renovation of old areas, should be in accordance with urban and rural planning and gas development planning supporting the construction of gas facilities or reserved land for the construction of gas facilities.

Reserved land for gas facilities, without the approval of the legal process, shall not change the use.

Article VIII of the gas facilities construction project investigation, design, construction, supervision and other activities must be undertaken by the appropriate qualification level units, and should be subject to the supervision of the project quality supervision agencies, which should be conducted in accordance with the law of the fire design review, it should also be examined by the public security organs of the fire agency.

Article IX gas facilities after the completion of the construction project, the construction unit should be organized according to law, completion and acceptance, and since the completion and acceptance of the date of completion and acceptance within 15 days of the completion and acceptance of the competent gas department for the record. Without acceptance or unqualified acceptance, shall not be delivered for use.

Article 10 of the people's governments at or above the county level shall establish and improve the gas emergency reserve system, the organization of the preparation of gas emergency plans, take comprehensive measures to improve the gas emergency security capabilities.

Serious shortages of gas supply, supply disruption and other emergencies, the people's governments at or above the county level should be taken in a timely manner to use reserves, emergency dispatch and other emergency measures to protect the residents of living gas supply priority, gas business enterprises and other relevant units and individuals should be coordinated to take on the relevant emergency tasks.

Chapter III business and services

Article 11 of the gas business license system.

Engaged in piped gas, bottled gas, gas car refueling and other urban gas business enterprises and the establishment of bottled gas supply stations (points) must obtain a gas license, before engaging in gas business activities.

Individuals are prohibited from engaging in gas business activities.

Gas business enterprises to obtain a gas business license to the administrative department for industry and commerce to complete the registration formalities according to law.

Article XII of provincial municipalities, county (city) people's government or its authorized gas department shall, in accordance with relevant laws and regulations, through the market competition mechanism, by bidding and tendering to select the pipeline gas investment or business enterprises, and sign a franchise agreement. Franchise agreement should be clear franchise content, area, scope, validity period and service standards.

Pipeline gas franchising should follow the principle of openness, fairness, justice and public **** interests first.

Article 13 apply for a gas license, the gas department shall submit the following materials:

(a) gas license application form;

(b) industrial and commercial administration issued by the name of the pre-approval of the notification;

(c) the scale of its operations and risk-bearing capacity and the ability to pay for the evidence of the ability to pay for;

(d) the gas license shall follow the principle of openness, fairness and justice, and the public *** interests of the priority.

(d) the main person in charge of the enterprise, safety production management personnel positions, titles, safety skills assessment certificate and operation, maintenance and repair personnel qualified by the professional training and assessment certificate;

(e) business premises and office space certificate;

(f) gas engineering project planning, construction permits and other approval documents and project completion and acceptance of the documents and other information;

(G) relevant departments issued by the construction project fire acceptance of legal documents, "pressure vessel license", "pressure pipeline use registration certificate", "cylinder filling license", "lightning protection device test report", residual liquid disposal program and measures (bottled gas business enterprises);

(H) gas supply agreement or letter of intent to supply gas;

(IX) gas quality testing Report;

(j) enterprise safety management system, safety and technical job operating procedures, emergency response plan and emergency vehicles and equipment list, corporate service norms;

(k) laws and regulations require the provision of other materials.

Pipeline gas business enterprises in addition to the conditions set out in the preceding paragraph, should also provide franchise agreements.

The gas department shall accept the application from the date of 20 working days to make a decision. Not licensed, should be written to the applicant to explain the reasons.

Article 14 of the gas business license is valid for five years. Need to extend the gas business enterprises should be in the license expires 30 days before the original licensing authority to apply for a new license after examination.

The gas business enterprises to separate, merge, suspend operations, or change the content of the business license, should be 30 days before the original issuance of the department to apply for and submit relevant information. After reviewing the conditions, the original issuing department shall be processed according to law.

Article 15 of the pipeline gas business enterprises should set up user service telephone and emergency repair calls, and to the community. Emergency repair calls should have a person on duty 24 hours a day.

Article 16 of the pipeline gas business enterprises due to pipeline construction, maintenance and other non-sudden reasons really need to reduce pressure or suspend the gas supply, it should be 48 hours in advance of the pressure reduction or suspension of gas supply and resumption of gas supply time to be announced or notified in writing to the gas user. Residential gas users to resume gas supply time shall not be arranged between 10:00 p.m. and 6:00 a.m. the next day.

Due to sudden causes caused by the pressure drop or suspension of gas supply, the gas business enterprises should be in the organization of repair and timely notification of gas users, and as soon as possible to resume gas supply.

Article 17 of the pipeline gas business enterprises should be at least once a year, free of charge to the gas user home safety inspection, the establishment of a complete inspection file.

Pipeline gas business enterprises to gas users before the implementation of the safety inspection, should be informed in writing in advance of the date of the gas user safety inspection, and in the agreed time to check. Gas business enterprises due to gas users can not be notified or agreed upon time to enter the home safety inspection, the gas business enterprises and gas users should be re-agreed to enter the home inspection time.

Pipeline gas companies should take the initiative to check the inspector to show the relevant documents, gas users can call the gas company's service phone to confirm their identity. Gas users should cooperate with the gas business enterprises to enter the home inspection, and shall not be refused without justifiable reasons.

Pipeline gas companies should be informed of the results of the inspection in writing to gas users, gas users do not comply with the provisions of the safety of gas safety hazards should be reminded of gas users to rectify the gas users should be rectified in a timely manner; gas users do not implement the provisions of the rectification may result in a safety incident, the gas business enterprises can stop the supply of gas, and in the elimination of hidden hazards resumed within 24 hours after the supply of gas.

Article 18 of the gas business enterprises should be engaged in bottled gas delivery services to strengthen the management of personnel and vehicles, and bear the corresponding responsibility.

Engaged in bottled gas filling activities, should comply with the laws, regulations and national standards related to the filling of gas cylinders.

Article 19 of the bottled gas business enterprises shall not have the following behavior:

(a) unauthorized gas filling for non-owner cylinders;

(b) the sale of unauthorized charging units filled with bottled gas or sales of charging units unauthorized filling for non-owner cylinders filled with bottled gas;

(c) more than the inspection period, the inspection failed or scrapped, Modified cylinders for filling;

(D) with storage tanks, tankers directly to the gas cylinder filling gas or gas cylinders with each other pouring gas;

(E) in the field does not meet the safety conditions of storage has been filled cylinders;

(F) to the units or individuals who have not obtained the gas license to provide gas for the business;

(VII) laws, regulations and other acts prohibited. Prohibit other behavior.

Article 20 of the gas automobile refueling stations shall not be used without registration or inconsistent with the use of the registration certificate of the vehicle gas cylinders, shall not be used to refuel the vehicle gas cylinders other than other cylinders or devices.

Article 21 of the gas business enterprises shall establish and improve the gas quality inspection system to ensure that the quality of gas supply in line with national standards.

People's governments at or above the county level quality supervision, industry and commerce administration, gas authorities shall, in accordance with the division of responsibilities, in accordance with the law to strengthen the supervision and management of gas quality.

Article 22 of the gas sales price should be based on the cost of gas, operating costs and the local economic and social development level reasonably determined and adjusted in due course. People's governments at or above the county level price authorities to determine and adjust the sales price of piped gas, piped gas users, piped gas companies and relevant parties should be consulted.

Article 23 of the people's governments above the county level, the competent gas department shall establish and improve the supervision and management system, the gas business enterprise business activities, services, safety management, etc. Supervision and inspection, and regularly organize the implementation of the enterprise safety and quality of service assessment and evaluation, and supervise the enterprise does not meet the requirements of the problem of the existence of enterprises to rectify the deadline.

Chapter IV Gas

Article 24 of the piped gas business enterprises should be approved in the gas supply area to the units and individuals with gas conditions to provide gas supply services, and gas users sign a gas contract in accordance with the law, to clarify the rights and obligations of both parties to ensure the safety and stability of gas supply. The gas supply area in line with the conditions of the units and individuals, without valid reasons, shall not be refused to supply gas.

Gas users need to transfer, change name, address, gas use or expand the scope of gas and stop using gas, should be to the gas business enterprises for change or deactivation procedures.

Article 25 of the gas business enterprises shall be in accordance with the approved gas prices, gas metering device records to gas users to collect gas user fees, and gas users to agree to pay the deadline.

Gas users should pay the gas bill in accordance with the agreed period.

Article 26 for the user to install the gas metering device for trade settlement should be qualified by a qualified metrological verification organizations to verify the qualification, and paste the verification mark. Civilian gas metering devices used to the specified age, the gas business enterprises are responsible for the replacement, the required fees are included in the cost of the enterprise.

Users of gas metering devices have objections to the accuracy of the gas supply pipeline gas business enterprises to apply for testing. Qualified metrological testing organizations, gas measuring devices qualified, the test costs borne by the applicant; unqualified, the test costs borne by the applicant, and its overcharged fees should be returned in a timely manner.

Article 27 of the gas users have the right to gas charges, services and other matters to the gas business inquiries, gas companies should be received from the date of application within five working days to reply.

Gas users have the right to gas safety, quality of gas supply, tariffs, service quality and other matters to the people's governments at or above the county level, the price of the competent department in charge of gas, as well as other relevant departments to make a complaint, the relevant departments shall be dealt with within 15 working days from the date of receipt of the complaint.

Article 28 of the sale of gas burning appliances should be in line with the local gas requirements, and have the appropriate qualifications of the testing organization to test the suitability of the gas source.

The gas department shall regularly publicize the administrative region of the gas type, gas composition and the gas source with the gas burning appliances to match the product catalog and other information.

Article 29 of the gas burning appliances installation, maintenance should be in line with relevant state standards.

Gas-burning appliances installation and maintenance enterprises shall not be installed does not meet national standards or with the gas source does not match the gas-burning appliances, shall not be repaired to reach the end of life of the gas-burning appliances.

Article 30 gas users and related units and individuals shall not steal gas. The following acts are gas theft:

(a) in the gas supply enterprises or other units, individuals on the gas supply and use of gas facilities unauthorized installation of pipelines and facilities to use gas;

(b) bypassing the gas metering device to use gas;

(c) private move, modify, damage, removal of the legal gas metering device, so that it is less metered or unmeasured;

(D) the use of other ways to steal gas.

Chapter V Safety Management

Article 31 of the gas department, safety supervision departments, quality supervision departments, public security organs, fire agencies and other departments and units should be in accordance with their respective responsibilities, the gas business activities to carry out safety supervision and inspection, found that the gas safety hazards should be immediately organized to ascertain the situation, and notify the relevant units and individuals to remove the hidden danger of gas safety incidents. The relevant units and individuals shall cooperate. The relevant units and individuals shall cooperate.

Article 32 of the gas business enterprises should establish a safety accountability system, improve gas safety and security system, and the unit's gas facilities for regular safety assessment, found that hidden gas safety accidents, should take timely measures to eliminate potential hazards.

Article 33 of the gas business enterprises should inform the gas user safety rules, to guide the gas user to use gas safely, gas users to issue safety manuals, gas users to check the gas user gas use place safety conditions.

Article 34 of the gas user shall comply with the "Town Gas Management Regulations" on the safe use of gas management, and comply with the following provisions:

(a) the use of qualified gas burning appliances and cylinders;

(b) in accordance with the relevant national standards and the rules of safe use of gas, and in accordance with the instructions for the correct use of gas-burning appliances;

(c) gas users should be informed of safety rules, guide the safe use of gas, gas users issued a safety manual, check the safety conditions of gas users.

Unit gas users should implement a safety management system to strengthen the operation and maintenance of gas burning appliances personnel safety knowledge and skills training. Pipeline gas users need to install, modify, relocate, dismantle the household gas facilities, should be implemented in accordance with relevant national standards.

Article 35 of any unit or individual shall not encroach on, destroy and unauthorized removal, moving gas facilities, shall not be destroyed, covered, altered, unauthorized removal or movement of gas facilities safety warning signs.

Indeed, due to construction needs to dismantle, move municipal gas facilities, should be developed by the gas business change program, reported to the people's government at or above the county level, the competent gas department for approval, and by the gas business organization construction, the required costs borne by the construction unit.

Article 36 of the people's governments at or above the county level, the competent gas department shall, in conjunction with the relevant departments to develop emergency plans for gas safety accidents, a clear composition of the emergency command organization, responsibilities, emergency response procedures, emergency security measures, etc., the establishment of a gas accident statistical analysis system, and regular briefings on the results of accidents.

Gas companies should develop their own gas safety emergency plan, with emergency personnel and the necessary emergency equipment, equipment, and regularly organize drills.

Article 37 of the gas safety accidents, gas companies should immediately start the unit gas safety emergency response plan, organizing rescue, repair and immediately report to the gas department.

After the occurrence of gas safety incidents, the gas department, safety supervision departments and public security organs, fire agencies and other relevant departments and units should be in accordance with their respective responsibilities, and immediately take measures to prevent the expansion of the accident, according to the relevant circumstances to start the emergency plan for gas safety incidents.

Article 38 of the gas safety accidents investigated and determined to be responsible for the accident, should identify the cause, clear responsibility, and be held accountable according to law.

The gas production safety accidents, in accordance with national and provincial regulations on production safety accident reporting and investigation and handling of reports and investigations.

Article 39 of the gas leakage and other emergencies, gas companies must take emergency measures, the public security organs should support the gas business enterprises to implement home rescue, repair operations, gas users must cooperate.

Article 40 of the gas accident repair vehicles should be clearly marked, and to the local public security traffic management department for traffic procedures.

Chapter VI Legal Liability

Article 41 violation of the provisions of these measures, laws and regulations have been punished, the provisions of its application; constitutes a crime, be held criminally responsible.

Article 42 violation of the provisions of these measures, the gas business enterprises to separate, merge, suspend operations, or gas business license issued by the content of the change, the gas business enterprises did not report to the original approval authority within the prescribed period to apply for the relevant procedures by the competent gas department ordered to make corrections within a specified period of time; failure to make corrections, at a penalty of 1,000 yuan of 10,000 yuan or less.

Article 43 violation of the provisions of this approach, the bottled gas business enterprises have one of the following acts, the competent gas department shall order rectification, and impose a fine of 10,000 yuan; the circumstances are serious, impose a fine of 10,000 yuan or more than 30,000 yuan:

(a) more than the inspection period, the inspection failed, or scrapped, retrofitted cylinders for filling;

(b) the use of storage tanks (B) with storage tanks, tanker trucks directly to the gas cylinders filled with gas or gas cylinders with each other pouring gas;

(C) in the field does not meet the safety conditions of storage has been filled cylinders;

(D) laws and regulations prohibit other acts.

Article 44 violation of the provisions of these measures, without the use of registration, and the use of the registration card is not consistent with the automotive gas cylinders, or to the automotive gas cylinders other than other cylinders or devices to refill the gas, by the gas authorities ordered to make corrections, and impose a fine of 5,000 yuan or more than 10,000 yuan; the circumstances are serious, impose a fine of 10,000 yuan or more than 30,000 yuan.

Article 45 violation of the provisions of this approach, gas burning appliances installation and maintenance enterprises to install gas burning appliances do not meet national standards or are not compatible with the gas source, or maintenance of gas burning appliances to reach the end of their serviceable life, the competent gas department ordered to make corrections within a certain period of time; failure to make corrections, at a rate of 1,000 yuan per unit, but the maximum of 30,000 yuan in fines.

Article 46 violation of the provisions of these measures, the people's governments at or above the county level and its gas authorities and other relevant departments in the gas management work in dereliction of duty, abuse of power, favoritism and malpractice, on the directly responsible for the competent person and other directly responsible personnel, shall be given sanctions; constitutes a crime, shall be investigated for criminal responsibility.

Chapter VII Supplementary Provisions

Article 47 of the rural gas management with reference to the provisions of this approach.

Article 48 of these measures shall come into force on December 27, 2013. March 20, 1999 Provincial Government Decree No. 57 announced the implementation of the "Henan Provincial Gas Management Measures" shall be repealed simultaneously. Distribution: the municipal and county people's governments, the provincial people's government departments.