Regulations of Kunming Municipality on Gas Management

first

In order to ensure social security, strengthen gas management, standardize the production, operation and use of gas, safeguard the legitimate rights and interests of gas producers, operators and users, and promote the development of gas industry, these Regulations are formulated in accordance with relevant laws and regulations and combined with the actual situation of this Municipality.

second

These Regulations shall apply to the gas development planning, gas engineering construction, gas production, storage, transportation, operation and use, sales, installation and maintenance of gas appliances within the administrative area of this Municipality.

essay

The gas administrative department of Kunming Municipal People's Government (hereinafter referred to as the municipal gas administrative department) is responsible for the supervision and management of gas within the administrative area of this Municipality.

The gas administrative departments of county (city) and District People's governments (hereinafter referred to as county (city) and district gas administrative departments) shall be responsible for gas supervision and management within their respective administrative areas according to their management authority.

Public security fire control, safety production supervision, quality and technical supervision, planning, industry and commerce, price, environmental protection and other relevant departments shall, according to their respective responsibilities, do a good job in gas supervision and management according to law.

Article 4

The development of gas industry in this Municipality shall follow the principles of unified planning, rational distribution, encouraging investment, fair competition and coordinated development of various gas sources, and shall be incorporated into the national economic and social development plan of this Municipality.

The management of gas industry and the production and operation of enterprises in this Municipality shall follow the principles of safety first, prevention first, energy saving and high efficiency, convenience for users, supply guarantee and standardized service. Planning and construction management

Fifth city gas development planning, by the municipal gas administrative department in conjunction with the municipal planning administrative department in accordance with the overall planning of Kunming city organization, organization and implementation after the approval of the municipal government.

Sixth new construction, renovation and expansion of gas engineering projects shall be implemented in accordance with the gas development plan and approved by the municipal gas administrative department.

The evaluation conditions and procedures specified in the preceding paragraph shall be handled in accordance with the specific provisions of the Municipal People's Government.

Article 7 Gas facilities shall be built in accordance with the gas development plan, and the gas facilities shall be designed, constructed and accepted simultaneously with the main project. The construction of gas public facilities and users' courtyards and indoor facilities shall be organized and implemented by gas enterprises in a market-oriented way. If the expenses are set by the government or guided by the government, the gas enterprise shall charge the users who apply for gas according to the standards approved or put on record by the price department, and accept the supervision and management of the municipal price department and the municipal gas administrative department.

Article 8 The design, construction and supervision of gas projects shall be undertaken by units with corresponding qualifications, and shall conform to relevant national, provincial and municipal technical standards and norms.

Ninth after the completion of the gas project, the construction unit shall organize the completion acceptance. Without acceptance or unqualified acceptance, it shall not be delivered for use.

The construction unit shall, within/0/5 days from the date of completion and acceptance of the gas project, file with the municipal gas administrative department and other relevant departments in accordance with the relevant provisions of the state, and establish a complete project completion file. Production and operation management

Article 10 A gas enterprise shall obtain a gas business license.

To apply for a gas business license, the following conditions shall be met;

(a) there is a gas source that meets the national quality standards;

(2) Having production, storage, distribution, transportation, filling and metering facilities and safety facilities that meet the national and industrial standards;

(3) Having a fixed business place that meets the safety conditions;

(four) a management system and quality control system, and signed a "responsibility" with the municipal administrative department of gas;

(five) the establishment of production safety management institutions;

(6) Having managers, technicians and operators who are suitable for the business scale and have corresponding qualifications;

(7) Having emergency teams and equipment suitable for the business scale;

(eight) the new gas fuel shall have the certificate of testing and trial operation of the corresponding qualification institutions.

Eleventh to apply for a gas business license, it shall apply to the local county (city) district gas administrative department, and submit relevant materials. County (city) district gas administrative departments shall put forward preliminary opinions within 15 working days from the date of acceptance, and submit them to the municipal gas administrative department for examination and approval together with relevant materials. The municipal gas administrative department shall complete the examination and approval within 15 working days from the date of acceptance. If it is not approved, it shall explain the reasons to the parties in writing.

Twelfth bottled gas supply stations (points), gas gasification stations, gas mixing stations and gas automobile filling stations shall be operated by gas enterprises with gas business licenses and gas supply licenses.

To obtain a gas supply license, it shall meet the conditions specified in Items (1), (2), (3), (4) and (6) of Paragraph 2 of Article 10 of these Regulations. Bottled gas supply stations (points) shall also meet the following conditions:

(a) the setting of bottled gas supply stations (points) conforms to the requirements of gas development planning, the total storage capacity of bottles shall not be greater than 30 cubic meters, the fire resistance rating of buildings shall reach Grade II or above, and the fire and explosion-proof facilities shall meet the national standards;

(2) The area of bottled gas supply points and stations with a total bottle storage volume of 1 m3 shall not be less than 20 square meters, of which the area of bottle storage shall not be less than 10 square meter; During the installation, there shall be no fire danger places such as dangerous chemicals shops, power distribution and welding yards and crowded public places such as hospitals, shopping malls and entertainment places within 30 meters; There shall be no schools, kindergartens and important public buildings within 50 meters; There should be adjacent management rooms and bottle warehouses, which are effectively separated by firewalls;

(three) the total storage capacity of 65438 0 cubic meters, 30 cubic meters of bottled gas supply station, the total area of the station shall not be less than 80 square meters; There shall be no dangerous chemical shops, power transformation and distribution stations, welding yards and other fire places within 60 meters, and there shall be no crowded public places such as hospitals, shopping malls and entertainment; There must be no schools, kindergartens and important public buildings within 0/00 meters of/kloc-.

Thirteenth to apply for a gas supply license, the applicant shall apply to the local county (city) district gas administrative department and submit relevant materials. County (city) district gas administrative department shall complete the examination and approval within 15 working days from the date of acceptance, and report the examination and approval to the municipal gas administrative department for the record within 30 days from the date of approval. If it is not approved, it shall explain the reasons to the parties in writing.

Article 14 If a gas enterprise other than the pipeline gas production and operation enterprise needs to suspend business, it shall apply to the gas administrative department that issued the license 90 days in advance, implement the relevant measures for users to continue to use gas, and go through the relevant formalities with the relevant departments of industry and commerce, taxation and so on.

If a gas enterprise needs to be divided or merged, it shall re-apply for a license to the gas administrative department that issued the license 30 days in advance, and go through the relevant formalities with the relevant departments of industry and commerce, taxation and so on.

If a gas contracting or leasing enterprise has a license, it shall go through the filing formalities with the gas administrative department that issued the license 30 days in advance; Without a license, it shall apply to the administrative department of gas for a license in accordance with the regulations.

If a gas enterprise changes its business place and name, it shall apply to the gas administrative department that issued the license 30 days in advance, and go through the relevant formalities with the relevant departments of industry and commerce, taxation and so on.

Fifteenth gas enterprises shall comply with the following provisions:

(a) the quality and pressure of gas meet the relevant national standards, ensuring safe, continuous and stable gas supply;

(two) shall not provide gas sources for gas business to units and individuals without gas business license or gas supply license;

(3) Implementing safety production rules and regulations and safety operation rules: having a perfect self-inspection mechanism and a complete safety record; Establish and improve steel cylinders, equipment files and user files;

(four) to publish and implement the "Safety Management Service Responsibility Letter" to users and accept social supervision;

(five) to be responsible for the publicity and guidance of the use of gas, to conduct a safety inspection of users every year, and to have inspection records;

(six) the implementation of labor protection laws and regulations, equipped with labor protection supplies;

(seven) according to the requirements of the administrative department of gas to provide the corresponding statements and other documents;

(eight) it is forbidden to forge, alter, lease, lend or transfer the gas business license and gas supply license.

Sixteenth bottled gas enterprises shall abide by the following provisions in addition to the provisions of Article 15 of these regulations:

(a) the filling and sales of liquefied petroleum gas cylinders shall comply with the provisions of the state;

(2) Before cylinder filling, the residual liquid shall be extracted and concentrated, and shall not be mixed with other liquefied gas storage tanks or dumped indiscriminately;

(3) Check the process before, during and after gas cylinder filling. Leaked bottles and over-sized bottles are not allowed to leave the station;

(4) The net contents of cylinders filled and sold meet the following requirements: the net contents of cylinders YSP-2, YSP-5, YSP- 15 and YSP-50 are 1.8-2kg, 4.8-5kg,14.5-/KLOC-respectively.

(five) gas bottled supply stations (points) shall not operate other commodities other than gas and gas appliances, and shall not put gas cylinders outdoors for operation, and shall not pour gas between gas cylinders;

(6) People, sundries and open flames are not allowed to live in the bottle warehouse; Power supply lines and electrical equipment meet the national fire and explosion prevention regulations;

(seven) shall not set up a bottle library without authorization.

Seventeenth bottled gas automobile transportation shall comply with the following provisions:

(a) undertaken by a gas enterprise with a gas business license;

(2) Having escorts who have been trained and qualified by the gas administrative department;

(3) Vehicles shall be equipped with warning signs, fire-fighting equipment, explosion-proof tools and plugging tools; When entering the production area such as filling, you must wear a fire cover;

(4) The transported steel cylinders YSP- 15 are stacked in two layers at most, and YSF50 is stacked in one layer;

(five) found that the abnormal situation such as gas leakage should be dealt with immediately, and the hidden dangers of accidents should be eliminated in time.

Article 18 If a pipeline gas enterprise needs to stop gas and reduce pressure due to construction, maintenance and other reasons, which may greatly affect the normal use of gas by users, it shall report to the municipal gas administrative department in writing three working days before the gas stop time, and inform relevant users through the news media. When normal gas supply is resumed, pipeline gas enterprises shall take corresponding safety measures.

Nineteenth gas quality testing, testing institutions with corresponding qualifications are responsible for.

Twentieth no unit or individual may provide gas business premises to operators without gas supply licenses.

No unit or individual may directly fill cylinders with the gas from tank trucks; Do not refuel non-gas vehicles at gas vehicle filling stations. Usage management

Twenty-first users who use pipeline gas shall apply to the pipeline gas enterprise for gas use procedures, and the pipeline gas enterprise shall sign a standardized written gas supply and use contract with the user to clarify the rights and obligations of both parties. Both parties shall supply and use gas according to the contract and the Gas Manual issued by the pipeline gas enterprise.

Gas users shall pay the gas fee on time, and if they fail to pay it within 30 days, the gas enterprise may stop supplying gas.

Twenty-second pipeline gas enterprise staff home meter reading, installation, maintenance of gas facilities and appliances, or gas facilities safety inspection, should wear a unified logo, and produce documents, users should cooperate.

Twenty-third users should abide by the provisions of the safe use of gas, and shall not carry out the following acts:

(a) misappropriation of gas and damage to gas facilities;

(two) the use of gas in places that do not have safety conditions, such as bedrooms;

(3) Dismantling, installing, refitting and packaging gas appliances and facilities without authorization;

(four) the gas appliances and facilities as a bearing bracket or electrical facilities grounding conductor;

(five) pipeline gas users for the first time ventilation ignition or unauthorized conversion;

(six) unauthorized backflow of bottled gas, dumping residual liquid and disassembling and repairing bottle valves and other accessories;

(seven) dumping, lying down, heating the gas cylinder, and changing the inspection mark and paint color of the gas cylinder;

(eight) the use of gas through walls or doors and windows with hoses; When the hoses are connected, two branch pipes are formed by tee joints;

(nine) the storage and placement of gas appliances do not meet the requirements of national and industrial norms and standards; Commercial users and industrial users pile up sundries in rooms where pipeline gas meters are installed, or use them as offices and bedrooms;

(ten) the use of gas appliances and facilities that do not meet the technical standards.

Article 24 The gas consumption of pipeline gas shall be measured by measuring instruments that have passed the verification by measuring and testing institutions with corresponding qualifications.

Users or gas enterprises have objections to the accuracy of pipeline gas measuring instruments, and may entrust metrological testing institutions with corresponding qualifications for verification.

If the error of gas measuring instruments after verification is within the legal scope, they can continue to be used, and the verification fee shall be paid by the entrusting party; If the error exceeds the legal scope, the pipeline gas enterprise shall pay the inspection fee and be responsible for correcting or replacing the gas measuring instruments. The user's gas fee in the current month is calculated according to the average gas consumption in the previous three months. If you have already charged, refund more and make up less. Users who have objections to the verification results may complain to the gas administrative department or the quality and technical supervision department, and the department accepting the complaint shall make a reply within 15 working days from the date of acceptance. Facilities and equipment management

Twenty-fifth gas enterprises shall, in accordance with national standards and norms, set up obvious and unified safety warning signs on important gas facilities.

No unit or individual may carry out the following acts within the scope of safety protection of gas facilities as stipulated by the state and these regulations:

(a) planning and construction of buildings and structures;

(2) stacking materials, dumping or discharging corrosive or flammable gases and liquids;

(three) unauthorized removal, damage, cover, move or alter the safety warning signs of gas facilities;

(four) digging ditches, dredging, piling or jacking operations without authorization;

(five) worried about wires and unauthorized installation of advertising signs on gas facilities;

(six) other acts that damage and endanger gas facilities.

Twenty-sixth construction projects may affect the safe operation of gas facilities, the construction unit or the construction unit shall be approved by the gas enterprise, and sign a gas facilities protection agreement to take safety protection measures.

If it is really necessary to relocate or dismantle gas facilities during construction, the construction unit shall, after consultation with the gas enterprise, first obtain the consent of the local gas administrative department, and then go through the relevant formalities with the relevant departments. The relocation or demolition of gas facilities shall be organized by gas enterprises, and the expenses shall be determined by both parties through consultation and borne by the construction unit.

Twenty-seventh due to emergency repair of gas facilities, it is really necessary to damage the municipal public facilities, gas enterprises can take necessary emergency measures, and at the same time notify the relevant departments or units to study solutions.

When users maintain indoor gas facilities, they should unconditionally dismantle the illegal decoration that affects the maintenance: if users do not dismantle it, the gas company will be responsible for dismantling it.

Twenty-eighth gas enterprises shall purchase and install gas facilities and appliances in accordance with the technical standards and norms promulgated by the state, province and city. The management and storage of gas facilities and appliances shall meet the safety requirements, be regularly maintained and updated, and make records.

When gas enterprises carry out construction, takeover, inspection and maintenance of gas facilities, the relevant units and individuals shall give support and cooperation, conduct civilized operations and ensure quality.

Twenty-ninth pipeline gas measuring instruments and user-funded roads and facilities maintenance and update, by the pipeline gas business enterprises responsible for. Maintenance and new fees are charged to users according to relevant price policies. The fees collected shall be earmarked under the supervision of the gas administrative department and announced to the public.

Thirtieth gas burning appliances sold and installed within the administrative area of this Municipality shall be tested for gas source adaptability and plateau adaptability by testing institutions with corresponding qualifications, and the qualified signs shall be affixed in the obvious position of gas burning appliances; Other gas appliances shall be tested by testing institutions with corresponding qualifications.

The municipal gas administrative department shall regularly announce to the public the catalogue of gas appliances that meet the national standards and are suitable for local gas sources for users to choose.

Thirty-first units engaged in the installation and maintenance of gas burning appliances have obtained the license for installation and maintenance of gas burning appliances.

To apply for a license for installation and maintenance of gas burning appliances, the following conditions shall be met:

(1) Having a fixed place of not less than 40 square meters;

(two) there are more than 2 engineering titles, more than 4 installation and maintenance personnel who have passed the examination by the municipal administrative department of gas;

(three) it is necessary to install and maintain equipment, tools and testing instruments, as well as transportation and communication tools;

(4) Having a quality assurance system and installation program files;

(5) Having a safety management system and standardized service standards.

Article 32 To apply for a license for installation and maintenance of gas burning appliances, the applicant shall apply to the municipal gas administrative department and submit relevant materials, and the municipal gas administrative department shall complete the examination and approval within 15 working days from the date of acceptance. If it is not approved, it shall explain the reasons to the parties in writing.

Thirty-third gas burning appliances installation and maintenance enterprises shall comply with the following provisions:

(a) installation and maintenance in accordance with the relevant national standards;

(two) after the installation is completed and passed the test, issue a certificate of conformity to the user;

(three) responsible for guiding users to use the installed and maintained gas burning appliances safely;

(4) establishing user files;

(five) in accordance with the provisions of the standard to collect fees from users;

(six) regularly submit relevant statements to the administrative department of gas;

(seven) shall not employ unqualified personnel engaged in installation and maintenance business;

(eight) it is forbidden to forge, alter, lease, lend or transfer the license for installation and maintenance of gas burning appliances. safety management

Thirty-fourth gas administrative departments shall, jointly with public security fire control, safety production supervision, medical and health departments at the same level, formulate emergency rescue plans for gas accidents in the region, and report them to the people's government at the same level for approval before implementation.

Thirty-fifth gas administrative departments should strengthen the publicity and education of gas safety.

The gas administrative department shall establish and improve the license file management system, regularly announce to the public the issuance of gas business licenses, gas supply licenses and gas appliance installation and maintenance licenses, regularly check the safety production and gas supply quality of enterprises, and verify the licenses.

Thirty-sixth the following personnel shall be trained by the gas department before they can take up their posts;

(a) the person in charge of the gas enterprise, the main management personnel, filling and operating personnel;

(two) gas appliances sales, installation and maintenance personnel;

(3) Operators of gas supply stations (points);

(four) the main managers and operators of public users and industrial users who use gas.

Thirty-seventh any unit or individual shall immediately report the gas accident or reason to the gas enterprise or the gas administrative department and the public security fire department.

The competent gas administrative department or gas enterprise shall commend or reward the meritorious personnel who report gas accidents or hidden dangers.

Thirty-eighth gas enterprises and gas burning appliances installation and maintenance enterprises shall strictly abide by the provisions of the "People's Republic of China (PRC) Safety Production Law", "People's Republic of China (PRC) Fire Protection Law" and other relevant laws, regulations, rules and other safety technical standards.

Gas enterprises shall formulate emergency plans for gas accidents, equip emergency rescue personnel and emergency rescue equipment, and implement a 24-hour duty system.

Thirty-ninth gas enterprises found gas facilities damaged and gas leakage, or after receiving gas accidents and accident reports, they should immediately organize emergency repair.

When gas enterprises find hidden dangers that seriously endanger safety production in the process of production and operation, they should immediately stop production and take safeguard measures to eliminate hidden dangers before resuming production.

When a major accident occurs, the gas enterprise shall immediately organize rescue to prevent the accident from expanding, and report to the relevant departments of the state, province and city in accordance with the regulations to stop gas supply within the scope of the accident. After the accident treatment, the gas supply can only be resumed after the municipal gas administrative department in conjunction with the public security fire control, safety production supervision and other relevant departments have passed the inspection. Legal liability

Fortieth in violation of the provisions of the first paragraph of Article 6 of these regulations, it shall be ordered to make corrections within a time limit. If no correction is made within the time limit, illegal buildings, structures and facilities will be forcibly removed, and a fine of 1 10,000 yuan but not more than 3,000 yuan can be imposed on gas projects with storage capacity 1 m3, and a fine of 1 10,000 yuan and not more than 30,000 yuan can be imposed on other gas projects.

Article 41 Anyone who violates one of the provisions of Article 9, Item (4), (5), (6) and (7) of Article 15, Paragraph 1 of Article 25 and Item (1), (2), (3), (4), (5) and (6) of Article 33 of these Regulations shall be given a warning and ordered to make corrections within a time limit.

Anyone who violates one of the provisions in Items (1), (2) and (3) of Article 15, Paragraph 1 of Article 28 and Item (7) of Article 33 of these Regulations shall be ordered to make corrections within a time limit and may be fined more than 3,000 yuan/kloc-0,000 yuan: those who fail to make corrections within the time limit shall be ordered to suspend business for rectification; If the circumstances are serious, the license may be revoked.

Forty-second violation of the provisions of the first paragraph of Article 10 of these regulations, shall be ordered to stop business, confiscate the illegal income, and may impose a fine of 30000 yuan to 65438 yuan.

In violation of the provisions of the first paragraph of Article 12, the first paragraph of Article 17, the second paragraph of Article 20 and the first paragraph of Article 31 of these regulations, it shall be ordered to stop business, confiscate the illegal income and equipment, and impose a fine of more than 3000 yuan 1000 yuan; Those who violate it again will be fined 6,543,800 yuan and 30,000 yuan.

Article 43 Whoever violates one of the provisions in the first, second and third paragraphs of Article 14 of these regulations shall be ordered to go through the formalities within a time limit and may be fined more than 3,000 yuan/kloc-0,000 yuan. If the circumstances are serious, the license may be revoked.

In violation of the provisions of the fourth paragraph of Article 14 of these regulations, it shall be ordered to go through the formalities within a time limit and may be fined 1000 yuan.

In violation of the provisions of Article 15 (8) and Article 33 (8), the illegal income shall be confiscated, and if the circumstances are serious, the license may be revoked; Those who accept the transfer, use a fake license or use a forged license shall be fined between 3,000 yuan and 65,438 yuan.

Forty-fourth in violation of the provisions of the provisions of article sixteenth, shall be ordered to make corrections within a time limit, and may be fined more than 65438 yuan in 500 yuan; Violation again, punishable by a fine of 3000 yuan to 65438 yuan to 0000 yuan; If the circumstances are serious, the license may be revoked.

Article 45 Anyone who violates one of the provisions of Article 17 (2), (3), (4) and (5), Article 18 (1) and Article 30 of these Regulations shall be given a warning, ordered to make corrections within a time limit, and may be fined between 65,438 yuan and 3,000 yuan. If losses are caused to users, they shall bear civil liability according to law.

Article 46 Anyone who violates the first paragraph of Article 20 and one of the provisions of Article 23 of these regulations shall be given a warning, ordered to make corrections within a time limit, and compensate for the losses. Individuals shall be fined from 300 yuan to 65,438 yuan, and units shall be fined from 3,000 yuan to 65,438 yuan.

Forty-seventh in violation of the provisions of the second paragraph of Article 25 of these regulations, it shall be ordered to stop the illegal act and make restitution within a time limit, and may impose a fine of more than 200 yuan and less than 300 yuan on individuals and a fine of more than 654.38 million yuan and less than 30,000 yuan on units; If no correction is made within the time limit, the illegal buildings, structures and facilities shall be forcibly removed; If losses are caused, it shall be liable for compensation according to law.

Article 48 Anyone who violates one of the provisions of Item (1), Item (2), Item (3) and Item (4) of Article 36 of these Regulations shall be given a warning and ordered to make corrections within a time limit, and may be fined more than RMB 1000 for the individual and RMB1000 for the unit, or the relevant departments shall follow the relevant laws.

Article 49 Anyone who violates the second paragraph of Article 38 and one of the provisions of Article 39 of these regulations shall be fined between 5,000 yuan and 20,000 yuan. If the circumstances are serious, the license shall be revoked, or the relevant departments shall punish him in accordance with relevant laws and regulations.

Fiftieth gas administrative departments and their staff have one of the following acts, shall be given administrative sanctions according to law; If losses are caused, compensation shall be made according to law:

(a) the gas project approved by the examination does not meet the requirements of the gas development plan;

(2) Issuing licenses to enterprises that do not meet the requirements;

(3) Failing to issue a license within the prescribed time limit, or not agreeing to issue a license and failing to give reasons as required;

(four) after receiving the report of accidents and hidden dangers of accidents, it is not handled in time;

(five) found that the illegal behavior is not properly investigated or not investigated;

(6) Failing to perform the supervisory and administrative functions as stipulated in these Regulations. supplementary terms

Article 51 Anyone who violates these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.

Article 52 The meanings of relevant terms in these Regulations:

(1) Fuel gas refers to artificial gas, liquefied petroleum gas, natural gas and new gas fuels approved for use (except non-fuel uses such as chemical raw materials).

(2) Gas enterprises refer to units that produce, store, transmit, distribute and supply gas. Including pipeline gas enterprises and bottled gas enterprises.

(3) Gas facilities refer to all kinds of equipment and ancillary facilities used for the production, storage and supply of gas, including storage and distribution stations, storage and distribution stations, bottling stations, supply stations, pressure regulating stations (boxes), transmission and distribution pipe networks, pipeline valves, collecting wells, etc.

(4) Gas engineering refers to gas facilities construction projects.

(5) Gas appliances refer to gas burning appliances (gas cookers, public gas cooking appliances, gas baking appliances, gas water heaters, gas heating appliances, gas heating machines, etc.). ); Gas storage appliances (steel cylinders, storage tanks, etc.). ); Gas conveying equipment (hoses, etc.). ); Gas metering apparatus, gas pressure regulator and gas leakage alarm device, etc.

The fifty-third of this Ordinance since June 6, 2005.