First, the scope of hierarchical management
(a) the municipal production safety supervision and management department is responsible for the construction project (except for the production and storage of highly toxic chemicals) approved (approved and filed) by the municipal government and the provincial and municipal investment departments (including development and reform, economy and trade, foreign trade and other departments) and the construction project safety licensing work entrusted by the provincial production safety supervision and management department.
(two) the district (economic functional area) safety production supervision and management department is responsible for the examination and approval (approval, filing) of the district government (economic functional area) and the investment department of the district (economic functional area) and the safety license of the construction project entrusted by the municipal safety production supervision and management department.
The district (economic functional area) safety production supervision and management department is responsible for the daily supervision and inspection of the construction projects under its jurisdiction, urging the construction unit to apply for the safety licensing procedures of all construction links in accordance with the regulations, and timely rectify the existing safety hazards.
Second, the way of working.
Review method
1. The safety review of construction projects and the design review of safety facilities shall organize experts to conduct centralized review. For domestic construction projects that have no production (storage), large-scale joint production and are located in areas with relatively dense production and life, when organizing experts to conduct centralized evaluation, experts will organize experts to conduct on-site verification.
2. The completion and acceptance of safety facilities of construction projects shall organize experts to the construction project site for review.
3. For dangerous chemicals production enterprises, wholesale of refined oil products and construction projects located in relatively dense areas of production and life, the number of experts participating in the review shall be no less than 5, and other construction projects shall generally be no less than 3.
4. The municipal safety production supervision and management department is responsible for organizing the safety review, and notifying the district-level safety production supervision and management department and relevant departments where the construction project is located to assign relevant staff to participate and serve as members of the review team. District-level safety production supervision and management departments are responsible for organizing safety review, and should also notify the municipal safety production supervision and management departments to send people to participate and serve as members of the review team.
5. In each review stage of the construction project safety license, according to the needs of the review content, notify the construction project safety condition demonstration, safety evaluation, safety facility design, construction and supervision units entrusted by the construction unit to assist in the review.
6. The corresponding safety facilities of construction projects that are built by stages and put into production (use) can be separately accepted by stages. According to the relevant regulations, if the construction unit needs to apply for other safety production licenses related to dangerous chemicals after the completion and acceptance of the construction project, the completion and acceptance review of safety facilities should be combined with the license review. The review sequence is as follows: first, the safety facilities are reviewed for completion acceptance, and then the license is reviewed after passing the review; If the safety facilities fail to pass the final acceptance, the license review shall not be granted.
When the implementation department of construction project safety license and the license examination department are not the same administrative organ, the implementation department of construction project safety license shall organize or invite the license examination department to conduct the same examination.
(2) Technical support methods
1. Technical review of safety evaluation report of construction project, special article on safety facility design and safety acceptance evaluation report shall be conducted by the construction unit according to the needs, and entrusted with relevant qualified industry organizations or intermediaries to organize experts to conduct technical review.
2. According to the spirit of the Notice of the Provincial Administration of Work Safety on Strengthening the Safety Licensing of Hazardous Chemicals Construction Projects (Guangdong Administration of Work Safety [2007] No.544), the technical review of the safety evaluation report for the establishment of construction projects and the safety review for the establishment of construction projects are carried out together. The technical review of the safety acceptance evaluation report shall be completed before the acceptance of the safety facilities of the construction project.
Third, the working procedure.
(1) acceptance. The implementation department of construction project safety license shall review the application documents and materials for construction project safety license submitted by the construction unit, and make the following treatments:
(1) If the application submitted by the construction unit does not need to obtain an administrative license according to law, it shall immediately inform the construction unit that it will not accept it;
(2) If the application for construction project safety license put forward by the construction unit does not fall within the scope of functions and powers of the department, the implementation department of construction project safety license shall immediately issue a written certificate of rejection and inform the construction unit to apply to the prescribed department;
(3) If the application materials for safety license of construction projects are incomplete or do not meet the requirements, the Notice of Correction of Application Documents for Safety License of Hazardous Chemicals Construction Projects shall be issued on the spot or within five working days, and all the contents that need to be corrected shall be informed by the construction unit at one time. Fails to inform, to be accepted;
(four) to allow or require the applicant to correct the mistakes that can be corrected on the spot in the application materials for safety license of construction projects. If the application materials for safety license of construction projects are complete, meet the requirements or have all the contents corrected, the Notice of Acceptance of Application for Safety License of Hazardous Chemicals Construction Projects shall be issued, and the date of acceptance shall be the date of receipt of all the application materials.
(2) review. For the accepted application for construction project safety license, the implementation department of construction project safety license shall organize relevant units and experts to review the contents of the application documents and materials for construction project safety license (or the site situation of construction project) and put forward the review opinions.
1. If it fails to meet the safety conditions after examination, it will not pass the examination. After rectification, the construction unit can reapply, and the safety licensing department of the construction project will reorganize the review. If the construction unit fails to re-apply or is still unqualified after re-examination by the safety licensing department of the construction project, the implementation department of the safety licensing of the construction project shall issue the Opinions on Safety Licensing of Hazardous Chemicals Construction Project to the applicant for disapproval, and explain the reasons.
2. After review, it is considered that there are still general problems in safety production conditions. If the construction unit guarantees that it can be solved within a certain period of time, it can pass the examination in principle after being confirmed by experts.
(1) The construction unit that can immediately rectify the problems existing in the site of the construction unit shall immediately organize rectification; If it takes a certain condition or a long time to rectify the hidden dangers on site, the implementation department of construction project safety license or the local safety production supervision and management department designated by it shall issue rectification instructions to the construction unit, and the construction unit shall take effective safety guarantee measures to ensure safety before the rectification is completed. After the rectification is completed, the safety evaluation agency will go to the site for confirmation, issue a written confirmation opinion, and report it to the construction project safety license implementation department. The implementation department of construction project safety license or the local safety production supervision and management department designated by it shall go to the site for examination and issue examination opinions.
(two) there are problems in the safety demonstration report, safety evaluation report, safety facilities design and other materials, and the preparation unit shall carry out rectification. After the completion of the rectification, the preparation unit shall form a written rectification statement and report it to the construction project safety license implementation department.
3. The implementation department of safety license for construction projects conducts research and discussion on the opinions and suggestions put forward by the expert group, the representatives of the units assisting in the examination and the examiners, and issues the opinions on safety license for hazardous chemicals construction projects after deciding the safety licensing matters for construction projects.
Four. Approve the establishment
(1) In order to make a good connection between the establishment approval and the establishment safety review stipulated in Article 9 of the Regulations on the Safety Management of Hazardous Chemicals, according to the relevant requirements of the Notice of the Provincial Administration of Work Safety on Further Strengthening the Examination and Approval of the Establishment of Hazardous Chemicals Production and Storage Enterprises (No.38 [2008] of Guangdong Administration of Work Safety), in the future, when applying for the approval letter for the establishment, enterprises shall set up hazardous chemicals production and storage enterprises in Zhuhai, in addition to submitting the materials stipulated in the Examination and Approval Procedure.
1. Safety review opinions (except summary procedures) issued by the safety production supervision and management department agreeing to the establishment of construction projects;
2. Preparation of safety evaluation report of construction project (replacing the original pre-evaluation report);
3 construction project planning permit issued by the planning department;
4. Business license of enterprise legal person or notice of pre-approval of enterprise name issued by the industrial and commercial department;
5 construction project approval, approval or filing documents issued by the government or the investment department.
6. The approval document of the environmental protection department.
(II) In accordance with the spirit of the Notice of Guangdong Provincial Safety Supervision Bureau on Further Strengthening the Examination and Approval of the Establishment of Enterprises Producing and Storing Hazardous Chemicals (No.38 [2008] of Guangdong Safety Supervision Bureau), the examination and approval of the establishment of enterprises producing and storing hazardous chemicals shall be strictly controlled according to law. If the production and storage areas of hazardous chemicals at or above the municipal level are not specially planned and constructed, the production and storage enterprises of hazardous chemicals that are eliminated in the national, provincial and municipal industrial structure adjustment guidance catalogue shall not be approved for establishment.
V. Summary procedure
According to the provisions of Article 52 of the Detailed Rules, if the following circumstances are met, the safety licensing procedures for construction projects can be simplified upon application and approval by the construction unit (production and storage of highly toxic chemicals are still handled according to the Detailed Rules).
(a) the scope and circumstances of the establishment of security review can be exempted.
1. The original construction project has gone through the relevant safety production license procedures (including safety production license, business license and construction project safety license), and only the same production and storage devices (facilities) as the original project are expanded or rebuilt;
2. Using the existing devices (facilities) to adjust the varieties produced and stored have the same or lower dangerous and harmful characteristics as the original dangerous chemicals produced and stored;
3. Only the original plant and reservoir area are used to adjust, update or improve the process of the device (facility), and the varieties produced and stored have not changed;
4 gas stations approved by the investment department or gas stations with approval documents from the economic and trade department;
5. Dangerous chemical stores and small warehouses with a total area of less than 550m2;
6. Other safety licensing implementation departments think that the risk factors are small, the scale is small, and the process route is simple, such as rebuilding and expanding pesticide processing, compounding and sub-packaging production facilities that do not contain the original drug; Reconstruction and expansion of production facilities (equipment) for paints, coatings, adhesives, inks and similar products that do not contain chemical reaction processes such as resin synthesis; Physical mixing and preparation of hazardous chemicals without chemical reaction process, such as renovation and expansion of production devices (facilities) such as flux, diluent, developer and storage battery (the same below).
In accordance with the above scope and circumstances of the project, the construction unit shall submit the following materials for the record when applying to the safety licensing implementation department for exemption from the establishment of safety review:
1. Application for summary procedure;
2. Feasibility study report;
3. Physical and chemical performance indicators of raw materials, intermediate products, final products or stored hazardous chemicals; Technical requirements for packaging, storage and transportation, and planned annual output or maximum reserve;
4. Notice of approval of business license or enterprise legal person name issued by the administrative department for industry and commerce (photocopy);
5. Layout plan, four pictures reflecting the safe distance between the project and the surrounding buildings;
6. Safety license or approval document (in line with item (1));
7. Other materials required by the safety licensing implementation department.
(two) the scope and circumstances that can be exempted from the design review of safety facilities.
1. Use the existing devices (facilities) to adjust the varieties produced and stored to be the same as or lower than those of the original hazardous chemicals;
2. Only the original plant and reservoir area are used to adjust, update or improve the process of the device (facility), and the varieties produced and stored have not changed;
3. Dangerous chemical stores, warehouses (freight yards), small warehouses and gas stations with a total area of less than 550m2 audited by fire protection design.
4. Other circumstances in which the safety licensing implementation department considers that the risk factors are small, the scale is small and the process route is simple, and the design review of safety facilities can be exempted.
In accordance with the above scope and circumstances of the project, the construction unit shall submit the following materials for the record when applying for exemption from the design review of safety facilities to the safety licensing implementation department:
1. Application for summary procedure;
2 construction project approval and filing documents issued by the government or the competent investment department (copy);
3 design qualification certificate and entrustment agreement of the design unit (copy);
4 fire control facilities design audit opinions issued by the fire department (copy, if any);
5. Process flow chart or general plan;
6. Other materials required by the safety licensing implementation department.
(three) the scope and circumstances that can be exempted from the trial production (use) plan.
1. Use the existing devices (facilities) to adjust the varieties produced and stored to be the same as or lower than those of the original hazardous chemicals;
2. Only the original plant and reservoir area are used to adjust, update or improve the process of the device (facility), and the varieties produced and stored have not changed;
3 dangerous chemicals warehouses (warehouses, freight yards), commercial shops and gas stations;
4. Other circumstances in which the safety licensing implementation department considers that the hazard factors are small, the scale is small, the process route is simple, and the trial production plan can be exempted from filing.
In accordance with the above scope and circumstances of the project, the construction unit shall submit the following materials for the record when applying for exemption from trial production (use) scheme to the safety licensing implementation department:
1. summary procedure application (including the start and end dates of trial production);
2 varieties and design capabilities of dangerous chemicals produced and stored;
3. Emergency rescue plan for accidents;
4. Qualification certificates of construction units and supervision units (photocopies);
5. Safety facilities construction report;
6. Safety acceptance report on the completion of safety facilities of construction projects compiled by safety evaluation institutions;
7. Other materials required by the safety licensing implementation department.
(4) merger review.
At the same time, in line with the construction projects exempted from the establishment of safety review and safety facility design review, the construction unit can submit the application materials exempted from the establishment of safety review and safety facility design review to the construction project safety permit implementation department, which will review them together and issue review opinions.
Intransitive verb others
(1) Exclusion range. The following projects or activities are not applicable to this implementation opinion, and the implementation department of construction project safety license shall not accept the application for safety license of hazardous chemicals construction projects according to law:
1. Construction projects for producing and storing civil explosives, radioactive substances and nuclear energy substances;
2. Exploration, mining and auxiliary storage of hazardous chemicals;
3. Long-distance oil and gas pipelines and their auxiliary storage;
4. Auxiliary storage of urban gas;
5. Construction projects of production and storage devices (facilities) without hazardous chemicals implemented by hazardous chemicals business units.
(2) period of validity. The validity period of the opinions on construction project safety license issued after the safety review of construction project establishment and the design review of construction project safety facilities is 2 years respectively, counting from the date when the implementation department of construction project safety license makes a decision. Within the validity period, if the construction project has not started, the opinions on the safety license of the construction project will automatically become invalid.
(3) Information filing. After obtaining the construction project safety license, before the construction project safety license is put into production (use), if the construction project changes its construction name, principal responsible person, affiliation, economic type or enterprise name due to the merger or division of enterprise assets, it is not necessary to change the construction project safety license. However, the construction unit shall, within 10 days after the above situation changes, submit the changes to the implementation department of construction project safety license for the record. The safety production supervision and management departments of all districts and economic functional zones shall fill in the Statistical Table of Safety Permit for Construction Projects before July 1 and 10 every year, and report the implementation of safety permit for construction projects in the last year and the first half of that year within their respective administrative areas to the Municipal Administration of Work Safety for the record.