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Article 33The designer and design unit of the safety facilities of the construction project shall be responsible for the design of the safety facilities.
The design of safety facilities for mines, metal smelting construction projects and construction projects for the production, storage, loading and unloading of dangerous goods shall be submitted to the relevant departments for review in accordance with the relevant provisions of the State, and the review department and its personnel responsible for the review shall be responsible for the results of the review.
The main purpose of this article is the provisions on the responsibilities of the designer, the design unit of the safety facilities of the construction project, and the review department and personnel of the safety facilities design of the mine, metal smelting construction project and the construction project used for the production, storage, loading and unloading of dangerous goods.
Interpretation of the Article: The preliminary design of the safety facilities of the construction project is very important to the normal operation and use of the relevant facilities in the future. In order to ensure the normal use of safety facilities in accordance with the law, this article makes special provisions on the responsibilities of relevant design units and personnel.
1. Requirements for the designers and design units of the safety facilities of the construction projectThe safety facilities of the construction project are the material basis for the safe operation of the construction project after it is put into production and use, and its quality directly affects the safety production status of the production and operation units of the construction project. The design quality of the safety facilities of the construction project has a decisive impact on whether the safety facilities can be truly "safe". The quality of the design is closely related to the design ability and working attitude of the designer and the design unit. Therefore, it is of great significance to require the designers and design units of construction projects to be responsible for the design of safety facilities, so as to enhance the sense of responsibility of designers and design units, ensure the quality of safety facility design, and clarify the division of relevant responsibilities after accidents.
The designer and design unit of the safety facilities of the construction project shall be responsible for the design of the safety facilities and shall meet the following requirements: the designers and design units must undertake the corresponding safety facility design tasks in accordance with the qualification level, and shall not undertake the task beyond the qualification level and business scope without authorization. Designers and design units shall ensure the design quality of safety facilities. The design should be carried out in strict accordance with the technical standards and contract agreements, strengthen the quality control of the design process, and ensure that the design documents comply with the relevant national laws, regulations, engineering design technical standards and contract provisions;The depth of the design document should meet the technical requirements of the corresponding design stage, and the design quality must meet the needs of engineering quality and safety and meet the requirements of the design specifications. The construction drawings should be matched, the details should be explained clearly, and the labeling instructions should be clear and completeThe materials and equipment selected in the design should indicate their specifications, models, performance, color, etc., and meet the quality requirements stipulated by the state. The designer and the design unit shall be responsible for the consequences caused by the design of safety facilities. For the design of safety facilities to the production and business operation unit caused losses, shall bear the liability for compensation;If a production safety accident is caused, it shall also bear the corresponding administrative responsibility;where serious consequences are caused and a crime is constituted, criminal responsibility is to be borne in accordance with law.
According to the provisions of the "Measures for the Supervision and Administration of the "Three Simultaneities" of Safety Facilities of Construction Projects, the design of safety facilities of construction projects shall not be approved under any of the following circumstances, and construction shall not be started: (1) There is no approval, approval or filing documents for construction projects;(2) The design unit with corresponding qualifications is not entrusted;(3) The safety pre-assessment report is prepared by a safety assessment institution that has not obtained the corresponding qualifications;(4) The design content does not conform to the provisions of laws, regulations, rules and national standards or industry standards and technical specifications related to production safety;(5) The safety countermeasures and suggestions in the safety pre-assessment report are not adopted, and sufficient argumentation and explanation are not made;(6) It does not meet other conditions stipulated by laws and administrative regulations. If the design review of safety facilities of the construction project is not approved, the production and business operation entity may apply to the original review department for retrial after rectification. If the approved construction project and its safety facilities are designed in any of the following circumstances, the production and business operation entity shall report to the original approval department for review and approval;Without the approval of the examination, the construction shall not be started: (1) the scale, production process, raw materials, and equipment of the construction project have undergone major changes;(2) Changing the design of safety facilities and may reduce safety performance;(3) Redesigned during construction.
2. Requirements for the design of safety facilities for special construction projectsMine, metal smelting construction projects and construction projects used for the production, storage, loading and unloading of dangerous goods are more dangerous than other construction projects. In addition to conducting safety assessments in accordance with the provisions of this Law, these projects also need to be reviewed by the relevant competent departments in accordance with the provisions of the second paragraph of this article, mainly to review the safety measures and requirements put forward by the safety assessment report for the construction projects, whether they are implemented in the design of the safety facilities of the construction projects, and whether the design of the safety facilities conforms to the provisions of relevant laws, regulations, rules, national standards or industry standards. Only those that meet these provisions and are reviewed and agreed to be constructed can be constructed. For example, Article 21 of the Regulations on Coal Mine Safety Supervision stipulates that the design of coal mine construction projects must comply with the requirements of coal mine safety regulations and industry technical specifications. The design of safety facilities for coal mine construction projects must be reviewed and approved by the Coal Mine Safety Supervision OrganizationWithout the approval of the review, no construction shall be allowed. The Coal Mine Safety Supervision Organization shall complete the review within 30 days from the date of receipt of the design materials for the application for review, sign the opinion of agreement or disagreement, and give a written reply.
The relevant departments participating in the design review of safety facilities for mines, metal smelting construction projects and construction projects used for production, storage, loading and unloading of dangerous goods and their personnel responsible for the review shall adhere to the principles, conscientiously perform the review duties, and approve the design of safety facilities that meet the requirementsFor the design of safety facilities that do not meet the requirements, the relevant designers and design units have the right to order the relevant designers and design units to redesign or modify, and if they still do not meet the safety requirements after redesign or modification, they will not be approved. The review department and the person in charge of the review are responsible for the results of the review. Abuse of power, dereliction of duty, approval of the design of safety facilities that do not meet the requirements, resulting in production safety accidents, the relevant person in charge of the review department and other directly responsible personnel shall be held accountable in accordance with the law;where a crime is constituted, criminal responsibility is pursued in accordance with law.
*: Interpretation of the Work Safety Law of the People's Republic of China