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Measures of Guangzhou Municipality for Gas Management
(Issued on October 9, 2015 in accordance with Decree No. 130 of the People’s Government of Guangzhou Municipality and amended on October 17, 2019 in accordance with Decree No. 167 of the People’s Government of Guangzhou Municipality)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Regulations on Urban Gas Management, the Regulations of Guangdong Province on Gas Management and other relevant regulations, and with a view to strengthening the gas administration in the Municipality, regulating gas operation and use and safeguarding public security and public interests.
Article 2 These Measures are applicable to gas planning and facilities construction, gas business management, gas supply and service guarantee, gas use and appliance management, gas facilities protection, gas safety management and other relevant activities within the administrative area of the Municipality.
These Measures are not applicable to the production or import of natural gas or liquefied petroleum gas, the pipeline transmission of natural gas outside city gas stations, the use of gas as raw materials for electric power generation or industrial production, the production or use of marsh gas, or the production of gas burning appliances.
Article 3 The municipal gas authority undertakes the gas supervision and management in the administrative area of the Municipality and shall organize the implementation of these Measures.
The gas authority of a district undertakes the supervision and management in the area under its jurisdiction.
Each sub-district office or town people’s government is responsible for assisting the district gas authority in carrying out daily supervisory inspection on the safe operation of the bottled gas supply stations and gas service points within the area under its jurisdiction, and urging them to make corrections, and responsible for screening illegal gas operators within the area under its jurisdiction and notifying the competent district gas authority of the screening status.
Article 4 Relevant authorities shall assist gas authorities in gas management as follows:
(1) An administration for market regulation is responsible for the supervision and management of gas quality and filling operations of gas filling organizations in the field of production; when implementing relevant licenses in accordance with the law, catering places that need to use gas shall be informed to install and use pipeline gas within the coverage area of gas pipelines; in case of any illegal use of gas found during the routine supervision and inspection on catering places, relevant information shall be reported to the gas authority.
(2) A transportation authority is responsible for carrying out supervision and management on the road transport of gas in accordance with the legal provisions regarding transportation of dangerous goods, investigating and punishing all kinds of illegal transport behaviors according to law, and responsible for the transport supervision and management on the operation of such gas-powered vehicles as gas-powered buses and gas-powered taxies.
(3) A public security organ/fire control authority undertakes the fire supervisory inspection on the premises for gas operation or using gas and the road traffic safety management on gas transport vehicles, and investigates and punishes the illegal gas business behaviors and gas facilities sabotage that seriously endanger public security according to law.
(4) An emergency management authority is responsible for incorporating gas safety inspection into the scope of city-wide work safety inspection and promote the implementation thereof.
(5) A comprehensive administrative law enforcement authority for urban management shall, according to relevant laws and regulations and these Measures, investigate and deal with violations of gas management.
Article 5 The Municipality shall popularize the use of gas, promote the use of natural gas and other clean energy options, and encourage and support involvement of various capitals in the construction of gas facilities in the Municipality.
Municipal and district people’s governments shall incorporate the development of gas undertakings into national economic and social development plans.
Article 6 The gas industry self-regulatory organization shall, in accordance with the provisions of laws, regulations and byelaws, establish an industry self-discipline mechanism, and formulate its industrial code of conduct and service codes.
Gas operators shall operate within the law, be honest, keep their promises, safeguard supply, regulate services, exercise strict self-discipline, improve the quality of their employees, and raise safety and service levels.
Article 7 Gas authorities, sub-district offices, town people’s governments and gas operators shall enhance the publicity of gas safety knowledge, and improve citizens’ gas safety awareness.
News media shall make efforts in the nonprofit publicity of safe gas use and gas saving.
Schools shall conduct knowledge education on gas safety through educational activities.
Chapter II Planning and Construction Management
Article 8 The municipal gas authority shall organize the preparation of municipal gas development plans, which shall not be implemented without the approval by the municipal people’s government.
When preparing a municipal gas development plan, the municipal gas authority shall seek opinions from the municipal authorities in charge of development and reform, planning, land, housing, construction, commerce, transportation, fire control and ecological environment as well as the gas industry self-regulatory organization and gas operators.
The gas authority of a district may, based on their needs and the municipal gas development plans, develop gas development plans for its own administrative area, which shall be implemented after being approved by the people's government at the same level and filed with the municipal gas authority.
Article 9 Construction of gas works shall strictly comply with relevant laws, regulations, national standards, industry standards or local technical specifications, and meet the requirements of gas development plans, environmental landscape and user convenience.
The pipeline gas facilities supporting a construction project shall be designed, constructed and accepted simultaneously with the principal part of the project.
Gas pipelines among different pipeline gas operators shall not be cross-laid, except necessary for cross-region gas transmission.
Article 10 No new cylinder group or community vaporizing stations may be built in the area covered by gas pipelines. Such devices already built shall be abandoned.
Civil buildings and public service units that meet the conditions for use of pipeline gas but have not installed gas pipelines yet shall install gas pipelines and use pipeline gas.
Newly-built high-rise buildings that need to use gaseous fuels shall be provided with supporting pipeline gas supply facilities.
Article 11 With regard to the pipeline gas facilities within the red-line area for a construction project, the project developer is responsible for the investment and construction of such facilities, and is responsible for the quality of gas pipeline works within the red-line area; the construction of gas pipeline facilities beyond the red-line area shall be undertaken by the pipeline gas operator. The Municipality encourages entrusting the unified construction of gas pipeline works within the red-line area to pipeline gas operators by ways of agency construction or otherwise.
The size and location of gas facilities may not be changed without authorization, after having been approved by the competent urban-rural planning authority.
Before the construction of gas pipelines works within the red-line area, the project developer shall seek opinions from relevant pipeline gas operators as to the drawings related to gas pipeline interface connection, and such pipeline gas operators shall give a response within 7 working days thereafter.
Before the gas pipeline facilities built by the project developer itself within the red-line area are put into operation, the project developer shall hand over relevant files and documents to pipeline gas operators, and enter into management handover agreements to define operation, maintenance, conservation and management responsibilities. Pipeline gas operators, when taking over any gas pipeline facilities within the red-line area, shall conduct a check on their safety status, and shall not take them over or supply gas if they do not meet the safety requirements.
Chapter III Gas Business Administration
Article 12 To engage in gas business activities other than such trade activities that neither involve gas storage or transmission nor supply gas to end users, an enterprise shall legally obtain a gas business license.
To obtain a gas business license, an enterprise that operates across districts shall file an application with the municipal gas authority, and incorporate corporate-owned gas facilities providing trans-district services, including gas stations, depots, holder stations and gas vehicle fueling stations, into the application for licensing; a trans-district enterprise that has any bottled gas supply station shall apply for a gas business license to the district gas authority where the bottled gas station is located, and incorporate the bottled gas supply station into the application for licensing.
To apply for a gas business license, a non-trans-district operating gas enterprise shall submit an application to the local district gas authority.
The gas authority shall, within 20 working days from the date of acceptance of the application, complete review, and issue a gas business license to the qualified enterprise or send a written notice to the unqualified enterprise indicating the reasons.
Article 13 Gas service points shall be set up by bottled gas operators with gas business licenses and may not be set up by any other organization or individual.
Establishment of a gas service point shall comply with the prescribed safety conditions, and shall, within 15 days from the date of being put into use, be reported to the local district gas authority for filing. The filing documents to be submitted include:
(1) Gas service point registration form;
(2) Copy of the operator’s Gas Business License;
(3) Copy of the gas service point’s business license;
(4) The letter of appointment and identity documents of the principal of the gas service point.
Article 14 District gas authorities shall immediately publish the recorded information about gas service points on their respective government websites, and, on a monthly basis, submit such information to the municipal gas authority.
A district gas authority shall report the information about the distribution information of bottled gas stations and gas service points within its administrative area to the sub-district offices, town people's governments and the competent district public security organs and fire control authorities.
Article 15 Gas operators shall enhance safety precautions. There shall be camera monitoring systems at gas holder stations, gate stations, vaporizing stations, automobile gas filling stations and high-pressure gas regulator stations, with the vehicle plate identification devices at the entrances/exits of gas holder stations and vaporizing stations being connected to the monitoring systems of the competent gas authorities.
Gas operators shall install camera monitoring systems at bottled gas supply stations and gas service points and connect such systems to the gas operators’ network for central monitoring and camera recording, with such camera records being kept for not less than two months. And such systems shall be able to be effectively connected to the monitoring system of the competent gas authority.
Article 16 A bottled gas operator shall use the city-wide uniformly constructed bottled liquefied gas supply intelligent monitoring information platform, install such city-wide unified identifications as QR codes for its self-owned gas cylinders. And gas cylinders shall be registered and identified through the gas cylinder management network platform of Guangzhou Municipality and realize smart chained filling with filling guns and gas cylinders with QR code labels. The cylinder filling, transportation, supply, distribution, use and inspection shall be recorded and administrated throughout the process.
Bottled gas operators shall issue gas cards to bottled gas users, verify users’ information, and supply gas with gas cards.
Article 17 A pipeline gas operator shall conduct a gas pipeline network inspection, establish a gas pipeline network geo-spatial database and a gas pipeline network geographic information management system, and on an annual basis, submit the current status data of complete gas pipeline network facilities to the municipal gas authority in accordance with the prescribed format and data standards.
Article 18 A gas operator shall have a load management information system for hazardous goods transportation at its gas holder station, and implement load information management on vehicles that enter the station to load gas.
Article 19 No gas operator may commit any of the following acts:
(1) Filling civil cylinders at automobile gas filling stations;
(2) Entrusting gas transportation to any enterprise unqualified to transport hazardous goods, or loading gas on board any vehicle unqualified to transport hazardous goods;
(3) Loading gas on board any vehicle without a cargo information card or any vehicle that has not passed the card verification through the cargo management information system for road transportation of hazardous goods;
(4) Making use of distribution vehicles to sell gas;
(5) Filling gas in any cylinders discarded, not timely checked, or without QR code labels;
(6) Selling gas filled in any cylinders discarded, not timely checked, or without QR code labels;
(7) Storing bottled gas over the rated capacity corresponding to the grade of the bottled liquefied petroleum gas distribution station concerned;
(8) Entrusting gas distribution and delivery to any outside gas delivery workers;
(9) Supplying gas to any user who does not meet the conditions for safe use;
(10) Mixing in inferior or fake components, supplying inferior or fake gas as superior or real gas, or loading gas resulting in a volume error beyond the national limit;
(11) Allowing vehicles unqualified to transport hazardous goods or vehicles without a fireproof cover to enter into the production zone in any gas holder station;
(12) Supplying gas to a supply site not owned by itself;
(13) Providing for-profit gas sources for unlicensed operators;
(14) Providing bottled liquefied petroleum gas for any user without a gas user card;
(15) Changing or destroying such identification marks as QR code labels for any gas cylinders; or
(16) Any other acts prohibited by laws, regulations, national standards or industry standards.
Article 20 Vehicles engaged in bottled gas transportation shall comply with the technical specifications for gas-carrying vehicles.
When signing a gas transport contract, a transportation enterprise shall check and verify the consignor’s gas business license, and shall not transport any bottled gas for sale for any consignor without a gas business license.
A driver shall take a copy of the consignor’s gas business license with him/her when driving a vehicle carrying bottled gas.
A motorized transport vehicle, if parked at the roadside and someone needs to deliver the gas, shall be attended.
Chapter IV Gas Supply and Service Guarantee
Article 21 Gas operators shall, in accordance with national economic and social development plans and gas development plans for their respective blocks of gas supply, reasonably formulate gas purchase and storage plans, and ensure continuous, safe and steady supply of gas.
In the event that a gas operator becomes unable to supply gas as usual due to any sudden incident, the operator shall take actions immediately, and report it to the local gas authority. The local gas authority shall then take emergency response measures to safeguard gas supply, and such a gas operator shall act accordingly.
Article 22 A natural gas supplier in the Municipality shall predict the natural gas demand of the entre municipality in a scientific way and construct high-pressure natural gas pipeline networks and natural gas storage facilities to ensure the supply of natural gas to the entire municipality.
Each gas distributor shall predict the natural gas demand of the area where it operates, and provide the natural gas supplier concerned with corresponding prediction results.
Article 23 A natural gas supplier shall, on the basis of equality and mutual benefit and according to law, enter into distribution contracts with natural gas distributors and distribute natural gas to enterprises that have obtained pipeline gas business licenses.
Article 24 A natural gas supplier shall offer convenience for the transmission of natural gas purchased by natural gas distributors on their own, to the extent that the natural gas supplier is not capable to meet gas demand and such transmission shall neither go beyond the capacity of its transmission and distribution facilities nor affect the performance of its obligation to supply gas to users.
Article 25 Gas operators shall establish a gas quality inspection system and equip themselves with gas quality testing devices to ensure the quality of gas complies with the national and local standards or the specifications prescribed by the Municipality, in terms of components, combustion properties, thermal values, odor, pressure, charging weight and other quality indicators.
The municipal gas authority and the municipal administration for market regulation shall, on a quarterly basis, monitor the quality of gas supplied by gas operators, and disclose the results to the public.
Article 26 Similar piped natural gas shall be offered to resident users throughout the Municipality at the same rates. The competent price authority shall reasonably determine and adjust gas prices in accordance with relevant provisions of the State, Guangdong Province and the Municipality.
Article 27 To use pipeline gas, a user shall go to the local pipeline gas operator to go through formalities on the use of gas.
If it is not needed to construct underground pipelines, the pipeline gas operator shall, within 30 days after receipt of the application for installation, enable the supply of gas; if it is required to construct underground pipelines, the pipeline gas operator shall, within 180 days after receipt of the application for installation, enable the supply of gas. In case of any delay in supply of gas, the operator shall give written justification to the user indicating the reasons for the delay.
Article 28 A gas operator shall enter into gas supply and use contracts with its users according to law, and create user archives.
Article 29 A gas operator shall provide services for its users in accordance with the gas service standards prescribed by the State and the Municipality, regulate service behaviors, and comply with the following provisions:
(1) Establishing an information disclosure system, and disclosing standard operating procedures, convenience guides, service commitments, service charging items and standards, quality inspection reports, service hours, service hotlines and rush repair hotlines, etc.;
(2) Establishing a service complaint handling mechanism, and specifying the hours for handling of users’ complaints.
Article 30 A pipeline gas operator shall provide free door-to-door gas facility safety checks for users at least every 12 months and establish a complete inspection file. Each time a gas delivery worker of any bottled gas operator delivers gas, he/she shall check the safety of gas facilities free of charge.
In a gas supply and use contract, a gas operator may specify that users shall assist with door-to-door safety checks, and that it may take measures to discontinue gas supply by giving prior notice to a user if it has failed to conduct such checks on the user for at least 2 years for any reason attributable to the user.
Chapter V Administration of Gas Facilities and Appliances
Article 31 The ignition on pipeline gas user facilities for the first time shall be performed by pipeline gas operators.
To refit, remove, repair or dismantle any gas pipelines in service, an organization or individual shall appoint a pipeline gas operator to do so, and the pipeline gas operator shall perform the task according to the service time commitments; if the user’s entrustment does not comply with the requirements of specifications, the pipeline gas operator shall, within 5 days, give written justification to the user indicating the reasons for its failure to fulfill the task, and give reasonable suggestions.
Article 32 Airports, factories, power plants, trade centers and other large industrial and commercial users shall, in accordance with relevant standard procedures for urban gas facilities operation and maintenance, have or appoint a professional maintenance organization to carry out safety maintenance and administration on the gas facilities and gas equipment within the red-line area for users.
Article 33 A gas burning appliance for sale in the Municipality shall comply with national standards, and have a source matching tag and the length of service life attached in a conspicuous position to the gas burning appliance.
Gas burning appliance sellers shall keep the gas source matching test reports provided by gas burning appliance manufacturers.
Each gas burning appliance manufacturer or seller shall set up, or appoint others to set up an after-sale service point in the Municipality to undertake after-sale installation and repair.
Article 34 Enterprises engaged in gas burning appliance installation and repair shall obtain the qualification for gas burning appliance installation and repair.
Employees of an installation and repair enterprise are prohibited to, in their own personal names, engage in or contract for the installation or repair of gas burning appliances.
Article 35 A gas burning appliance installation and repair enterprise shall strengthen the quality control of gas burning appliance installation and repair, keep users’ records completely, and guide users to correctly use gas appliances.
Chapter VI Protection of Gas Facilities
Article 36 No organization or individual may occupy, destroy, or without authorization, dismantle or remove any gas facilities.
Article 37 Safety protection zones for gas pipeline facilities are divided into the safety protection area and the security control area.
The safety protection area covers:
(1) The area within 5 meters on both sides of the outer edge of the pipe-walls of high pressure and ultra-high pressure gas pipelines;
(2) The area within 3 meters on both sides of the outer edge of the pipe-walls of sub-high pressure gas pipelines; and
(3) The area within 0.7 meters on both sides of the outer edge of the pipe-walls of low-pressure / medium-pressure gas pipelines.
The safety control area covers:
(1) The area between 5 meters and 50 meters on both sides of the outer edge of the pipe-walls of high pressure and ultra-high pressure gas pipelines;
(2) The area between 3 meters and 30 meters on both sides of the outer edge of the pipe-walls of sub-high pressure gas pipelines; and
(3) The area between 0.7 meters and 5 meters on both sides of the outer edge of the pipe-walls of low-pressure / medium-pressure gas pipelines.
Article 38 The following acts are prohibited in the safety protection area for gas pipeline facilities:
(1) Constructing buildings structure or other facilities on any underground gas pipelines;
(2) Emitting corrosive substances, piling up inflammable, explosive hazardous goods or bulky goods, or parking large construction vehicles or freight vehicles;
(3) Engaging in such operations as blasting, mountain-cutting, drilling, mechanical excavation, earth borrowing and quarrying operations, or use of open flames;
(4) Walking, climbing or hanging sundries on any ground or overhead gas pipeline facilities;
(5) Growing any trees, shrubs, vines, reeds, bamboos or other deep-rooted plants with root systems deep to the position of buried pipelines so that they may damage the anti-corrosion pipeline coatings; or
(6) Other activities endangering the safety of gas facilities.
Within the safety protection area for any gas pipeline facilities along, across or through a river or through a dyke, it is not allowed to drop or drag any anchor, excavate sand or earth or engage in any other operations endangering the safety of gas pipeline facilities, other than the dredging operations adopted for flood control or navigating provided that the safety of gas pipeline facilities is safeguarded.
Emission of corrosive substances is prohibited within the safety control area for low-pressure/medium-pressure gas pipeline facilities.
Blasting and mountain-cutting operations are prohibited within the safety control area for sub-high, high or ultra-high pressure gas pipeline facilities.
Article 39 Before a project developer engages in the following activities, it shall go to the competent urban construction archives authority or gas pipeline facility operator to inquire about the status of gas pipeline facilities and obtain documents about gas pipeline facilities:
(1) Laying or maintaining pipes or engaging in such operations as drilling, pile driving, jacking, and excavation within the safety protection area for gas pipeline facilities;
(2) Constructing any buildings or structures within the safety control area for gas pipeline facilities; or
(3) Engaging in blasting or mountain-cutting or piling up bulky goods within the safety control area for low-pressure/ medium-pressure gas pipeline facilities.
Prior to construction, the project developer shall provide relevant documents for the construction contractor, and in conjunction with the construction contractor, work out a gas pipeline facilities protection plan, and notify the pipeline gas operator concerned thereof 15 days prior to the date of commencement of construction. The pipe gas operator shall, after receipt of such a notice, put forward protective requirements based on the status of gas pipeline facilities and the protection plan.
Article 40 If the construction contractor discovers any unidentified gas pipeline facilities during construction, it shall promptly discontinue construction and report it to the project developer and the operator of such gas pipeline facilities.
If any gas pipeline facilities are damaged during construction, the construction contractor shall promptly notify the project developer, the operator of such gas pipeline facilities and the competent district gas authority, and take emergency protective measures.
Article 41 After having approving an application for road excavation involving gas pipeline facilities, the municipal road or highway authority shall promptly notify the operator (s) of such gas pipeline facilities thereof in written form.
If such excavation work may have a significant impact on gas pipeline facilities, the municipal roads or highway authority shall, before approving the application for road excavation, seek the views of the operator (s) of such gas pipeline facilities, who shall give a response within 2 working days thereafter.
Article 42 An operator of gas pipeline facilities shall set obvious warning signs for the gas pipeline facilities in the following locations:
(1) Gas pipeline facilities passing through any town, residential quarter, factory, mine, school, station, dock, marketplace or other densely populated area;
(2) Gas pipeline facilities across any highway, urban trunk, railway, subway, river, water conservancy facility, bridge, port channel, substation, cable, green belt, etc.
Without authorization, no organization or individual is allowed to move, alter, cover or remove any warning signs for gas pipeline facilities.
Chapter VII Gas Safety Administration
Article 43 The municipal gas authority shall carry out supervisory inspection on trans-district gas operators at least once a quarter; each district gas authority shall carry out a comprehensive inspection on the gas operators and gas points within the area under its jurisdiction at least once every half year.
Market regulation, transportation and fire control authorities as well as comprehensive administrative law enforcement authorities for urban management shall carry out gas-related special inspections and law enforcement at least once a quarter.
If any gas authority or other relevant authority discovers any gas accident risk, it shall notify gas operators and gas users concerned to take measures to eliminate such risks; if such risks may seriously threaten public safety, the competent gas authority and other relevant authorities shall take effective measures to organize to eliminate such risks.
A case beyond the scope of power of an authority shall be promptly transferred to the competent authority and recorded accordingly, and the competent authority accepting such transferal shall investigate and deal with it within 30 working days thereafter and feedback the handling results to the transferring authority.
Article 44 A gas operator shall perform the main responsibilities for work safety by setting up a safety management office with full-time safety management personnel, establishing safety management system and guaranteeing the financial input to safety management.
Article 45 A gas operator shall check the status of its own work safety in accordance with the following provisions, and establish a detailed inspection ledger:
(1) With regard to the gas terminal stations, gate stations, vaporizing stations, pressure-regulating stations, valve chambers, depots, holder stations, automobile gas filling stations, bottled gas supply stations, gas service points and other gas stations, the operator shall carry on a self-check on work safety at least once a day;
(2) With regard to the operator’s gas terminal stations, gate stations, vaporizing stations, pressure-regulating stations, valve chambers, depots, holder stations, automobile gas filling stations, bottled gas supply stations, gas service points and other gas stations, the operator shall carry on a check on work safety at least once a month;
(3) A pipeline gas operator shall have inspection personnel with specialized skills, and motorized continuous inspection equipment with such capabilities as detecting the gas leakage, identifying its ingredients, positioning it and transmitting information about it in underground pipeline and riser areas, and carry out an overall inspection and testing on its municipal gas pipelines every 3 days, and on pipelines in key areas once a day;
(4) The gas operator shall record various gas safety inspection information and compliance with hidden danger rectification notices through the city-wide unified gas safety monitoring information platform.
The gas operator shall promptly take measures to eliminate its existing hidden danger. In the event that the hidden danger is caused by any external cause and cannot be eliminated timely or easily, the gas operator shall adopt necessary safety measures and make a timely report to the local gas authority or the local emergency management or fire control authority; the gas authority or the emergency management or fire control authority shall then organize efforts to deal with and eliminate the hidden danger.
In the event that the gas operator finds any serious hidden danger threatening safety so that it cannot ensure the safety of production and use, the gas operator shall stop business and production or use, and evacuate workers from dangerous zones.
Article 46 When any gas operator performs gas facilities maintenance or rush repair tasks or safety inspection, organizations and individuals concerned shall act accordingly and shall not obstruct or interfere with the operator for any reason.
Article 47 A gas operator shall, in accordance with relevant provisions, formulate its own gas accident and emergency response plans, equip itself with emergency response personnel and necessary equipment and tools, and carry out accident and emergency response drills for at least twice every year.
The gas supply operator shall take rescue responsibility for any and all gas accidents that have occurred to its gas supply facilities and gas users.
The gas operator shall, within a prescribed period of time after having received an advice of gas accident rescue from relevant government departments, arrive at the designated place to participate in rescue, and the rescue costs for any gas accident happening to any person other than the operator’s gas users shall be borne by the gas supplier concerned.
Article 48 A gas operator shall appoint a safety evaluation institution with appropriate qualification to carry out safety evaluation on the operator’s gas facilities (other than Level III bottled gas supply stations) for at least once every three years.
The gas operator shall take corrective actions with respect to the safety issues raised in safety evaluation reports. If through safety evaluation, any gas facility is found to be in real danger, the operator shall immediately stop using such devices and timely take safety measures to eliminate such danger.
The gas operator shall, within 20 days after receipt of a safety evaluation report, file it with the competent gas authority in the place where such gas facilities are located.
Article 49 In case of a fire accident that has been confirmed by the competent fire control authority to be caused by gas, the competent gas authority shall, based on the fire accident report, investigate the gas-related responsibility for causing the fire accident, investigate and punish those who are responsible for the violation of provisions on gas administration according to law, and count the accident as a gas accident.
Chapter VIII Legal Liabilities
Article 50 Whoever violates the first paragraph of Article 10 herein by building a new bottle group station or community vaporizing station within the area covered by gas pipelines shall be punished by the competent comprehensive administrative law enforcement authority for urban management in accordance with the second paragraph of Article 46 in the Regulations of Guangdong Province on Gas Management; if failing to discontinue the use of a bottle group station or community vaporizing station within the area covered by gas pipelines, the law-breaking entity shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a fine of not less than RMB 20,000 but not more than RMB 50,000.
Article 51 Where any gas service point violates the provisions of Article 13 herein by failing to comply with the prescribed technical specifications, the competent comprehensive administrative law enforcement authority for urban management shall order it to make corrections within a prescribed time limit, and shall impose a fine of not less than RMB 50,000 but not more than RMB 100,000; if failing to timely make rectifications or corrections, the filed information shall be cancelled.
Any bottled gas operator that violates the provisions of Article 13 herein by establishing a gas service point without filing as required shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a fine of not less than RMB 20,000 but not more than RMB 50,000.
Article 52 Any gas operator that violates the provisions of Article 15, Article 17 or Item (3) of Article 19 herein and involves any of the following circumstances shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000:
(1) Failing to have a camera monitoring system installed at any gas holder station, gate station, vaporizing station, automobile gas filling station, high-pressure gas regulator station or other site, or failing to connect the system with the monitoring system of the competent gas authority, so that camera monitoring information cannot be transmitted as normal;
(2) Failing to have a vehicle plate identification system installed at the entrance/exit of any gas holder station or vaporizing station or failing to connect the system with the monitoring system of the competent gas authority, so that vehicle plate monitoring information cannot be transmitted as normal;
(3) Failing to have a camera monitoring system installed at any bottled gas supply station or gas service point and connected to the enterprise for central monitoring and camera recording over the network, with camera records being kept for less than two months, or failing to connect the system with the monitoring system of the competent gas authority;
(4) Failing to establish a gas pipeline network geo-spatial database and submit the data on current status of gas pipeline network facilities to the municipal gas authority; or
(5) Loading gas on board any vehicle without a cargo information card or any vehicle that has not passed the card verification through the cargo management information system for road transportation of hazardous goods.
Article 53 Any gas operator that violates the provisions of Article 16, Article 18 or Item (8) or (14) of Article 19 herein and involves any of the following circumstances shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a penalty as follows:
(1) Whoever fails to use the intelligent bottled LNG supply monitoring information platform as required shall be imposed a fine of not less than RMB 30,000 but not more than RMB 50,000;
(2) Whoever fails to install a cargo management information system shall be fined RMB 5,000;
(3) Whoever entrusts gas distribution and delivery to any outside gas delivery workers shall be fined RMB 5,000;
(4) Whoever provides bottled LNG to any user without a gas user card shall be fined RMB 5,000.
Article 54 Where any bottled gas operator violates the provisions of Article 16 herein by failing to achieve the smart chained filling with filling guns and gas cylinders with QR code tag as required, it shall be ordered by the competent administration for market regulation to make corrections and be imposed a fine of not less than RMB 50,000 but not more than RMB 100,000.
Article 55 Whoever, in violation of the provisions of Item (1), (5) or (10) of Article 19 herein, fills a civil cylinder at an automobile gas filling station or mixes in inferior or fake components, fills gas in a cylinder discarded, not timely inspected or not installed with an identification mark such as a QR label, supplies inferior or fake gas or loads gas resulting in a volume error exceeds the national limit shall be ordered by the competent administration for market regulation to make corrections and fined not less than RMB 20,000 but not more than RMB 100,000, except as otherwise provided by laws and regulations.
Article 56 Any gas operator or other enterprise violates the provisions of Item (2), (6), (11), (12) or (13) of Article 19 herein and involves any of the following circumstances shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000:
(1) Entrusting gas transportation to any enterprise unqualified to transport hazardous goods, or loading gas on board for any vehicle unqualified to transport hazardous goods;
(2) Selling gas filled in any cylinder discarded, not timely checked, or without QR code labels;
(3) Allowing vehicles without qualification to transport hazardous goods or vehicles without a fireproof cover to enter into the production zone in any gas holder station;
(4) Supplying gas to a supply site not owned by itself; or
(5) Providing for-profit gas sources for unlicensed operators.
Article 57 In the event that any gas operator or other gas-related enterprise, in violation of the provisions of Item (4), (7), (9) or (15) of Article 19 or the second paragraph of Article 21 herein, is under one of the following circumstances, the enterprise shall be ordered to make corrections within a prescribed period and fined not less than RMB 10,000 but not more than RMB 50,000 by the competent comprehensive administrative law enforcement authority for urban management:
(1) Making use of distribution vehicles to sell gas from place to place;
(2) Storing bottled gas over the rated capacity corresponding to the grade of the bottled liquefied petroleum gas distribution station concerned;
(3) Supplying gas to any user who does not meet the conditions for safe use;
(4) Changing or destroying the identification marks such as QR code labels for any gas cylinders;
(5) In case of inability to supply gas as usual, which might result in regional gas interruption, failing to immediately take actions, or failing to immediately make a report to the local gas authority, resulting in gas supply interruption; or
(6) Failing to cooperate with the gas authority to take emergency actions to guarantee gas supply.
Article 58 Whoever, in violation of the provisions of Item (10) of Article 19 herein, sells gas mixed with inferior or fake gas, sells fake or inferior gas as real or superior gas, or sells gas with a volume error beyond the national limit shall be ordered to make corrections within a prescribed period and fined not less than RMB 20,000 but not more than RMB 100,000 by the competent comprehensive administrative law enforcement authority for urban management; if failing to make correction within the prescribed period, the violator shall be ordered to suspend business for rectification; in case of severe violation, the competent gas authority shall revoke the violator’s gas business license, and request the people’s government at the same level to close the enterprise.
Article 59 In the event that a transportation enterprise, in violation of the provisions of the second paragraph of Article 20 herein, knows or should have known that a consignor has no gas business license but still provides transportation services for the consignor, the transportation enterprise shall be ordered to immediately stop such violation and additionally fined not less than RMB 20,000 but not more than RMB 50,000 by the competent comprehensive administrative law enforcement authority for urban management.
For any driver who, in violation of the provisions of the third paragraph of Article 20 herein, fails to carry a copy of the gas business license when driving, the competent comprehensive administrative law enforcement authority for urban management shall order it to make corrections, and impose a fine of RMB 5,000 on the transportation enterprise concerned.
In the event that in violation of the provisions of the fourth paragraph of Article 20 herein, a motorized transport vehicle is left unattended at the roadside, the competent comprehensive administrative law enforcement authority for urban management shall order rectifications, and impose a fine of RMB 5,000 on the transportation enterprise concerned.
Article 60 In the event that a natural gas supplier, in violation of the provisions of Article 23 or 24, refuses without due reason to distribute natural gas to any enterprise with a pipeline gas business license, or refuses to offer convenience for the transmission of natural gas purchased by a natural gas distributor on their own, resulting in regional gas interruption, the supplier shall be ordered to make corrections and additionally fined not less than RMB 50,000 but not more than RMB 100,000 by the competent comprehensive administrative law enforcement authority for urban management provided that such transmission will neither go beyond the capacity of its transmission and distribution facilities nor affect the performance of its obligation to supply gas to users.
Article 61 Any pipeline gas operator that, in violation of the provisions of the first paragraph of Article 30 herein, fails to provide its users with free door-to-door safety inspection at least every twelve months shall be ordered to make correction and fined not less than RMB 10,000 but not more than RMB 30,000 by the competent comprehensive administrative law enforcement authority for urban management; in the event that any bottled liquefied petroleum gas delivery worker fails to inspect the safety of users’ gas facilities free of charge on each gas delivery, the gas operator concerned shall be ordered to make corrections within a prescribed period and be fined not less than RMB 5,000 but not more than RMB 10,000 by the competent comprehensive administrative law enforcement authority for urban management.
Article 62 In the event that any gas burning appliance seller, in violation of the provisions of the first paragraph of Article 33 herein, sells any gas burning appliance without a source matching tag or the length of service life attached in a conspicuous position to it, the competent comprehensive administrative law enforcement authority for urban management shall order it to make corrections, and impose a fine of RMB 5,000 per piece; in case of severe violation, the competent comprehensive administrative law enforcement authority for urban management shall order suspension for rectification.
Any gas burning appliance seller that, in violation of the provisions of the second paragraph of Article 33 herein, fails to provide a source matching test report shall be ordered to make corrections, given a warning and fined not less than RMB 10,000 but not more than RMB 30,000 by the competent comprehensive administrative law enforcement authority for urban management; in case of severe violation, the competent comprehensive administrative law enforcement authority for urban management shall order suspension for rectification.
Article 63 Whoever violates the provisions of Article 36 herein by encroaching on, damaging, demolishing without authorization, removing or changing any gas facility shall be punished in accordance with Article 51 of the Regulations on Urban Gas Management.
Article 64 Whoever violates the provisions of Article 38 herein by engaging in any activity endangering the safety of gas facilities within the safety protection area or safety control area shall be punished by the competent comprehensive administrative law enforcement authority for urban management in accordance with the provisions of Article 57 in the Regulations of Guangdong Province on Gas Management.
Article 65 Any project developer that violates the provisions of Article 39 herein by failing to develop a protection plan together with the construction contractor and the pipeline gas operator shall be punished by the competent comprehensive administrative law enforcement authority for urban management in accordance with the provisions of Article 58 of the Regulations of Guangdong Province on Gas Management.
Article 66 Any construction contractor that violates the provisions of Article 40 herein by failing to discontinue construction or notify relevant entities on discovery of any unidentified gas pipeline facility in the course of construction or by damaging any gas pipeline facility without take emergency response measures during construction operations shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a fine of not less than RMB 50,000 but not more than RMB 100,000.
Article 67 Any pipeline gas operator that violates the provisions of the first paragraph of Article 42 herein by failing to erect a safety warning sign shall be punished by the competent comprehensive administrative law enforcement authority for urban management in accordance with Article 48 of the Regulations on Urban Gas Management.
Whoever violates the provisions of the second paragraph of Article 42 herein by, without authorization, moving, altering, covering or removing any safety warning sign for gas pipeline facilities shall be punished by the competent comprehensive administrative law enforcement authority for urban management in accordance with the provisions of Article 56 of the Regulations of Guangdong Province on Gas Management.
Article 68 Any gas operator that violates the provisions of Item (1), (2) or (3) of the first paragraph of Article 45 herein by failing to carry out production inspection for safety or to establish an inspection ledger shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and also be imposed a fine of RMB 10,000.
Any gas operator that violates the provisions of Item (4) of the first paragraph of Article 45 herein by failing to have various gas safety inspection information and details of implementation of danger correction notification recorded through the municipal unified gas safety monitoring information platform shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000.
Any gas operator that violates the provisions of the second or third paragraph of Article 45 herein by failing to resolve any hidden danger as required shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and also be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000.
Article 69 In the event that any organization or individual concerned, in violation of the provisions of Article 46 herein, fails to cooperate in, obstructs or interferes with the gas facilities maintenance, rush repair, safety inspection or other tasks by a gas operator, the organization or individual shall be ordered to make corrections within a prescribed period and fined not less than RMB 500 but not more than RMB 3,000 or not less than RMB 3,000 but not more than RMB 10,000 to the individual and organization respectively by the competent comprehensive administrative law enforcement authority for urban management; if the case constitutes a violation of administrative provisions for public security, penalties shall be imposed by the competent public security organ according to law; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
Article 70 Any gas operator that, in violation of the provisions of the first paragraph of Article 47 herein, fails to equip itself with emergency response personnel or necessary equipment or tools shall be ordered to make corrections within a prescribed period and fined RMB 10,000 by the competent comprehensive administrative law enforcement authority for urban management; if the gas operator fails to make corrections within the prescribed period, the competent gas authority shall revoke the gas operator’s gas business license.
Any gas operator that violates the provisions of the third paragraph of Article 47 herein by, after receipt of the gas accident rescue notice or order from a government or from any relevant authority, refusing to participate in rescue or failing to arranging for a rescue team to arrive at the designated place for rescue, without due cause, shall be ordered by the competent comprehensive administrative law enforcement authority for urban management to make corrections within a prescribed time limit and also be imposed a fine of not less than RMB 50,000 but not more than RMB 100,000.
Article 71 In the event that a gas operator operates without a business license or beyond the approved business scope, or faces a serious hidden danger threatening public security, the competent comprehensive administrative law enforcement authority for urban management shall, according to law, confiscate cylinders, transport vehicles and other equipment and tools used for rule-breaking business activities, and impose a fine of not less than RMB 50,000 but not more than RMB 500,000 on the operator.
Article 72 In the event that an enterprise is fined in accordance with the provisions herein, its persons in charge and other persons who are held to be directly responsible may be fined an amount of not less than five percent but not more than ten percent of the amount of the fine imposed on the enterprise.
Article 73 Violators of other provisions of these Measures shall be punished in accordance with relevant provisions of laws and regulations.
Article 74 In the event that a functionary of a gas authority or of any other competent authority violates these Measures and is under one of the following circumstances, he/she shall be given a sanction by the authority he/she works with or the superior authority; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
(1) Failing to perform his/her supervisory and inspection functions as required by these Measures;
(2) After having found a violation, failing to timely deal with the violation, and failing to timely transfer the case or covering up for or conniving the violation, so that consequences are caused; or
(3) Otherwise neglecting his/her duties, abusing his/her powers, or committing malpractice for selfish ends.
Chapter IX Supplementary Provisions
Article 75 The following terms herein are defined as follows.
(1) Gas refers to any natural gas, liquefied petroleum gas, artificial coal gas or other gas fuel supplied for domestic living, public buildings and industrial production and used as fuel.
(2) Gas facilities refer to the facilities and equipment intended for gas production, storage, transmission, distribution.
(3) High-rise building refers to a residential building with 10 or more stories (including a residential housing with commercial service outlets on the ground floor) or a public building with a height of over 24 meters.
(4) Gas works refer to any newly built, expanded or altered works for gas production, storage, transmission and distribution facilities, excluding temporary works intended for repair or rush repair.
(5) Gas burning appliances refer to gas-powered water heaters, water boilers, cookers, boilers, heaters, coolers, air conditioners, etc.
(6) Natural gas supplier refers to any enterprise selling natural gas to distributors and high-pressure direct users.
(7) Natural gas distributor refers to any pipeline gas operator who purchases natural gas from natural gas suppliers and sells natural gas to end users.
(8) Gas equipment refers to the equipment using gas as a fuel for heating and cooking, such as gas furnaces, gas boilers, gas-fired air conditioners, and commercial gas appliances.
(9) Gas pipeline facilities refer to the urban gas pipeline facilities after city gate stations (including city gate stations), including:
1. Gas pipelines;
2. Pressure adjusting equipment, valves (wells), condenser cylinders (wells), meters, compensators, bleeders and other gas pipeline facilities, emptying facilities, monitoring and data collection base stations and ancillary buildings (structures);
3. Anticorrosion protective facilities for pipelines, including sacrificial anode and cathodic protection stations, cathodic protection test piles, anode ground beds and stray current drainage stations;
4. Sign piles (belts), mileage piles, warning signs and other pipeline marks, logos and leakage detection devices across highways (or railways);
5. Pipeline hydraulic protection structures, anti-seismic facilities, sewers, pipe embankment, pipe bridges and pipeline-specific culverts and tunnels;
6. Other ancillary facilities and installations as provided for by laws and regulations.
(10) Pipelines shall be divided into high pressure, sub-high pressure, medium-pressure and low-pressure pipelines in accordance with national standards, such as the Urban Gas Design Specifications; ultra-high pressure refers to the gas pipelines with a designed pressure above the high pressure, which is greater than 4.0MPa (MPA).
Article 76 These Measures shall come into force on December 1, 2015. The Measures of Guangzhou Municipality for Gas Management issued on March 19, 2013 in accordance with Decree No. 91 of the People’s Government of Guangzhou Municipality and the Trial Measures of Guangzhou Municipality for Protection of Oil and Gas Pipelines and Facilities issued on September 29, 2008 in accordance with Decree No. 13 of the People’s Government of Guangzhou Municipality shall be abolished accordingly.