1. Scope of hierarchical management
(1) The municipal safety production supervision and management department is responsible for the construction projects (except those involving the production and storage of highly toxic chemicals) approved (approved and filed) by the municipal government and the provincial and municipal investment departments (including the development and reform, economy and trade, foreign trade and economic cooperation departments) and the safety licensing of construction projects entrusted by the provincial safety production supervision and management department.
(2) The safety production supervision and management department of the district (economic functional zone) is responsible for the safety licensing of construction projects approved (approved and filed) by the district government (economic functional zone administrative committee) and the investment department of the district (economic functional zone) and entrusted by the municipal safety production supervision and management department.
the safety production supervision and management department of the district (economic functional zone) is responsible for daily supervision and inspection of the construction projects within its jurisdiction, and urges the construction unit to apply for safety licensing procedures in all construction links according to regulations, and rectify the existing safety hazards in time.
II. Working methods
(I) Review methods
1. The safety review and safety facility design review of construction projects shall be conducted by organizing experts to conduct centralized review. For the construction projects that have no production (storage) in China, large-scale joint production, and are located in areas with relatively dense production and life, and the experts put forward that they need to go to the site for verification when organizing experts to conduct centralized review, organize experts to go to the construction project site for verification.
2. The completion acceptance of safety facilities of construction projects shall be conducted by organizing experts to the construction project site for review.
3. For hazardous chemicals production enterprises, refined oil wholesale and construction projects located in areas with relatively dense 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 shall notify 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 the 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. At each review stage of the construction project safety permit work, the construction project safety condition demonstration, safety evaluation, safety facility design, construction and supervision units entrusted by the construction unit shall be notified to assist in the review according to the needs of the review content.
6. The corresponding safety facilities of the construction projects that are built and put into production (use) by stages can be independently accepted by stages. In accordance with the relevant provisions, 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 shall 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 examination, no license examination will be conducted.
when the construction project safety license implementation department and the license examination department are not the same administrative organ, the construction project safety license implementation department shall organize or invite the license examination department to conduct the same examination.
(II) Technical support mode
1. The technical review of the safety evaluation report for the establishment of a construction project, the special article on the design of safety facilities and the safety acceptance evaluation report shall be submitted by the construction unit to competent industry organizations or intermediaries with corresponding qualifications to organize experts for technical review as required.
2. according to the spirit of the notice of the provincial safety supervision bureau on strengthening the safety licensing of hazardous chemicals construction projects (Guangdong safety supervision bureau [27] No.544), the technical review of the safety evaluation report for the establishment of construction projects is carried out together with the safety review for the establishment of construction projects. The technical review of the safety acceptance evaluation report shall be completed before the acceptance of the safety facilities of the construction project.
III. Working Procedures
(1) Acceptance. The implementation department of construction project safety license examines the application documents and materials for construction project safety license submitted by the construction unit, and makes the following treatment:
(1) If the application items put forward by the construction unit do not need to obtain administrative license according to law, it shall immediately inform the construction unit that it will not accept them;
(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 specified department;
(3) If the application materials for the safety license of construction projects are incomplete or do not meet the requirements, the Notice of Correction of the Application Documents for the Safety License of Hazardous Chemicals Construction Projects will be issued on the spot or within 5 working days, and all the contents that need to be corrected will be informed by the construction unit at one time. If the application materials are not informed within the time limit, it will be accepted;
(4) The applicant is allowed or required 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 are completely corrected, a Notice of Acceptance of the Application for Safety License of Hazardous Chemicals Construction Projects shall be issued, and the date of acceptance shall be the day when all the application materials are received.
(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 review opinions.
1. if it is considered that the safety conditions are not met after examination, the examination will not be passed. After rectification, the construction unit can re-apply and the safety licensing department of the construction project will re-organize the review. If the construction unit does not 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 without approval, and explain the reasons.
2. if it is considered that the conditions for safe production are met, but there are still general problems, if the construction unit can guarantee that it can be solved within a certain period of time, it can pass the review 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 certain conditions or a long time for the rectification of 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 the Rectification Instruction to the construction unit for rectification within a time limit, 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 review and issue a review opinion.
(2) If there are problems with materials such as safety demonstration report, safety evaluation report and special articles on safety facilities design, the compiling unit will make rectification. After the rectification is completed, the compiling 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 shall study and discuss the opinions and suggestions put forward by the expert group, the representatives of the units assisting in the review and the reviewers, and issue the Opinions on Safety License for Construction Projects of Hazardous Chemicals after deciding the safety license items for construction projects.
IV. Approval of establishment
(1) In order to link up 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 Safety Supervision Bureau on Further Strengthening the Examination and Approval of the Establishment of Hazardous Chemicals Production and Storage Enterprises (Guangdong Safety Supervision [28] No.38), when enterprises apply for the approval of establishment in the future, In addition to the materials required to be submitted in the Approval Procedures for the Establishment of Hazardous Chemicals Production and Storage Enterprises in Zhuhai, the following materials should also be submitted:
1. A safety review opinion issued by the safety production supervision and management department (except for the application of summary procedures);
2. Safety evaluation report for construction project (instead of original pre-evaluation report);
3. Construction project planning permission document 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. Documents of approval, approval or filing of construction projects issued by the government or investment authorities
6. Approval documents of environmental protection departments.
(2) According to the spirit of the Notice of Guangdong Provincial Safety Supervision Bureau on Further Strengthening the Examination and Approval of the Establishment of Hazardous Chemicals Production and Storage Enterprises (Guangdong Safety Supervision Bureau [28] No.38), the examination and approval of the establishment of hazardous chemicals production and storage enterprises should be strictly controlled according to law. Enterprises engaged in the production and storage of hazardous chemicals that are not specifically planned for construction in the production and storage areas of hazardous chemicals at or above the city level and belong to the category eliminated in the national, provincial and municipal industrial structure adjustment guidance catalogue shall not be approved for establishment.
v. simplified procedures
according to the provisions of article 52 of the detailed rules, if the following conditions are met, the safety licensing procedures for construction projects can be simplified after verification and approval by the construction unit's application (except those involving the production and storage of highly toxic chemicals, which are still handled in accordance with the detailed rules).
(1) The scope and circumstances of the establishment of safety review can be exempted
1. The original construction project has gone through the relevant safety production license procedures (including the 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. The varieties produced and stored by using the existing devices (facilities) are the same or lower than those of the original production and storage of hazardous chemicals;
3. Only the original factory building 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 filling stations approved by the investment authorities or gas stations with approval documents issued by the economic and trade departments;
5. dangerous chemicals stores and small warehouses with a total area of less than 55m2;
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 the reconstruction and expansion of pesticide processing, compounding and sub-packaging production facilities that do not contain the original drug; Reconstruction and expansion of production facilities (facilities) 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).
For projects that meet the above scope and circumstances, the construction unit shall submit the following materials for filing when applying to the safety licensing implementation department for exemption from the establishment 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, as well as planned annual output or maximum reserves;
4. Notice of approval of business license or name of enterprise legal person issued by the administrative department for industry and commerce (copy);
5. floor plan, which reflects the safe distance between the project and surrounding buildings;
6. safety license or approval document (in line with item (1));
7. Other materials required by the safety licensing enforcement department.
(II) Scope and circumstances that can be exempted from the design review of safety facilities
1. Using existing devices (facilities) to adjust the varieties of production and storage are the same or lower than those of the original production and storage of dangerous chemicals;
2. Only the original factory building 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. Stores, warehouses (warehouses and freight yards) with a total area of less than 55m2, and gas filling stations for dangerous chemicals that have been audited by fire protection design.
4. other circumstances in which the implementation department of safety license considers that the risk factors are small, the scale is small and the process route is simple, which can exempt the design review of safety facilities.
For projects that meet the above scope and circumstances, the construction unit shall submit the following materials for filing when applying to the safety license implementation department for exemption from the design review of safety facilities:
1. Application for Summary Procedure;
2. Documents (photocopies) issued by the government or investment authorities for approval and filing of construction projects;
3. Design qualification certificate and entrustment agreement of the design unit (copy);
4. fire control facilities design review opinions issued by the fire department (copy, if any);
5. process flow chart or general plan;
6. Other materials required by the safety licensing enforcement department.
(III) Scope and circumstances that can be exempted from filing the trial production (use) plan
1. The varieties produced and stored by using the existing devices (facilities) are the same or lower than those of the original production and storage of dangerous chemicals;
2. Only the original factory building 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. Hazardous chemical warehouses (warehouses and freight yards), business stores and gas stations;
4. other circumstances in which the safety licensing implementation department considers that the hazardous factors are small, the scale is small and the process route is simple, and the trial production plan can be exempted from filing.
For the projects that meet the above scope and circumstances, the construction unit shall submit the following materials for filing when applying to the safety license implementation department for exemption from the trial production (use) scheme:
1. Application for Summary Procedure (including the start and end dates of trial production);
2. varieties and design capabilities of hazardous chemicals produced and stored;
3. Emergency rescue plan for accidents;
4. Qualification certificates of construction units and supervision units (copies);
5. Report on the construction of safety facilities;
6. Safety inspection report on the completion of safety facilities of construction projects compiled by safety evaluation institutions;
7. Other materials required by the safety licensing enforcement department.
(iv) merger review
for a construction project that meets the requirements of exempting the establishment of safety review and safety facility design review at the same time, the construction unit may submit the application materials for exempting 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.
VI. Others
(1) Exclusion scope. The following projects or activities are not applicable to this implementation opinion, and the implementation department of safety license for construction projects will not accept the application for safety license for dangerous chemicals construction projects according to law:
1. Construction projects for the production and storage of civil explosives, radioactive substances and nuclear energy substances;
2. Exploration, mining and auxiliary storage of hazardous chemicals;
3. long-distance oil and natural gas pipelines and their auxiliary storage;
4. auxiliary storage of town gas;
5. Construction of production and storage facilities (facilities) without hazardous chemicals carried out by hazardous chemicals business units.