Procedures of Shanghai Municipality on the Protection of Fuel Gas Pipeline Facilities

(January 4, 2018)

Article 1 (Purpose and Basis)

With a view to strengthening the administration on the fuel gas pipeline facilities in this Municipality, ensuring the safe operation of the fuel gas pipelines, and safeguarding the public safety, these Procedures are formulated in accordance with the provisions of the Regulations on the Administration of Safe Production of Construction Projects and the Regulations of Shanghai Municipality on the Administration of Fuel Gas.

Article 2(Meaning of Relevant Terms)

The “fuel gas pipeline facilities” mentioned in these Procedures include:

1. the pipeline transporting the natural gas, and the liquefied petroleum gas;

2. the pipeline anticorrosion protection facilities, including electrolytic protection station, anode protection test stake, anode ground bed, and the stray current discharging station.

3. the fuel gas pipeline auxiliary structures, including pressure regulating station(room), valves(room), catchment wells(room), liquid waste pool, and the relevant equipment such as compensation condenser, and diffusion tube.

4. the safety identification marks for fuel gas pipeline facilities, such as mark stake, test stake, mile stake, and warning board; and

5. the fixed installations related to the fuel gas pipelines, such as the pipeline dyke, pipeline bridge, and pipeline base.

Article 3(Application Scope)

These Procedures apply to the protection of the fuel gas pipeline facilities and relevant administration activities in the administrative areas of this Municipality. However, the protection of the long-distance natural gas transportation pipeline facilities in front of the receiving gateway station of natural gas and the inner fuel gas pipeline facilities of the fuel gas enterprises and the fuel gas users of this Municipalityshall be carried out in accordance with the provisions of the relevant laws, rules and regulations.

Article 4(Administrative Departments)

Shanghai Municipal Housing and Urban-Rural Development Commission (hereinafter referred to as SMHURDC) is the competent administrative department of this Municipality in fuel gas administration, responsible for putting these Procedures into implementation. Shanghai Fuel Gas Management Office (hereinafter referred to as SFGMO) under the SMHURDC is in charge of daily management and supervision over the protection of fuel gas pipeline facilities of this Municipality.

The district fuel gas administrative departments shall take charge of the management and supervision over the protection of the fuel gas pipeline facilities in their respective district, and subject themselves to the leadership of the SMHURDC in professional work.

The related administrative departments of this Municipality including public security, river course, and navigable channel shall coordinate in the implementation of these Procedures according to their respective functions and duties.

Article 5 (Obligations of the Pipeline Enterprises)

The operation enterprises of the fuel gas pipeline facilities (hereinafter referred to as pipeline enterprises) shall perform the following obligations:

1. applying antirot insulating material to the outside part of the fuel gas pipelines, and setting up electrolytic protection installations in accordance with the provisions of the Rules on the Corrode-control Technology of Steel Fuel Gas Pipeline Buried under the Ground in Cities and Towns formulated by the Ministry of Construction.

2. installing permanent safety warning marks of the fuel gas pipeline facilities in accordance with the technical norms of the fuel gas design;

3. adopting corresponding protection measures to the fuel gas pipeline facilities that are easy to be collided by the vehicles or other outside forces, and installing the safety warning marks;

4. performing regular inspection and servicing and maintenance to the fuel gas pipeline facilities in accordance with the provisions of the Rules on the Safety Technology of Operation, Maintenance, and Rush-repair of the Fuel Gas Facilities in the Cities and Towns formulated by the Ministry of Construction and other regulations on safety administration; and

5. drawing up the predetermined scheme on the handling of the accidents of the fuel gas pipeline facilities, and reporting to the SMHURDC for the record.

The pipeline enterprises shall, dissuade, and stop the acts that endanger the safety of the fuel gas pipeline facilities upon discovery; in case that the dissuasion or stop fails, the pipeline enterprises shall report the situation to the fuel gas, public security, and other relevant administrative departments without delay.

Article 6(Scope of Protection and Control)

The safety protection scope of the fuel gas pipeline facilities is:

1. the area within 0.7 meters from the two sides of the outer edge of the pipe wall of low-pressure, medium pressure, and secondary high-pressure pipeline; and

2. the area within 6 meters from the two sides of the outer edge of the pipe wall of high-pressure, and super high-pressure pipeline.

The safety control scope of the fuel gas pipeline facilities is:

1. the area within 0.7 meters to 6 meters from the two sides of the outer edge of the pipe wall of low-pressure, medium pressure, and secondary high-pressure pipeline; and

2. the area within 6 meters to 50 meters from the two sides of the outer edge of the pipe wall of high-pressure, and super high-pressure pipeline.

The scope of the safety protection and safety control of the fuel gas pipeline facilities that are alongside the river, across the river, going through the river or going through the dyke, shall be separately determined by the pipeline enterprises, jointly with the administrative departments of river course, and navigable channel, in accordance with relevant provisions of the State.

Article 7(Prohibition)

The following acts are prohibited in the safety protection scope of the fuel gas pipeline facilities:

1. constructing buildings or structures; and

2. piling up materials or discharge corrosive liquid or gas.

The demolition operation is prohibited in the safety protection scope of the fuel gas pipeline facilities and the safety control scope of the high-pressure, and super high-pressure fuel gas pipeline facilities.

In the safety protection scope of the fuel gas pipeline facilities that are situated alongside the river, across the river, going through the river or going through the dyke, and except for the dredge work adopted for the purposes of flood prevention or navigation on the condition that the safety of the fuel gas pipeline facilities is safeguarded, such work as anchoring, anchor-drawing, sand-washing, mud-digging and other works that may endanger the safety of the fuel gas pipeline facilities are prohibited.

Article 8(Restriction)

In any one of the following situations, the development units shall, jointly with the unit in charge of construction, draw up the protection scheme for the fuel gas pipeline facilities, and they can only perform the work after reaching unanimity with the pipeline enterprises through consultation:

1. Laying pipelines, or engaging in piling, digging or pushing forward underground in the safety protection scope of the fuel gas pipeline facilities.

2. Constructing the buildings or structures, or engaging in piling, digging or pushing forward underground in the safety control scope of the fuel gas pipeline facilities.

3. Performing demolition work in the safety control scope of the low-pressure, medium pressure, and secondary high-pressure fuel gas pipeline facilities.

In case that the development unit and the pipeline enterprises have disputes over the protection scheme of the fuel gas pipeline facilities provided in the preceding clause, the disputes shall be settled through coordination after the demonstration and appraisal made by the experts organized by the SMHURDC.

Article 9 (Work Direction)

In case of performing work that may affect the safety of fuel gas pipeline facilities in the safety protection scope and protection control scope of the fuel gas pipeline facilities, the pipeline enterprises shall assign professional technical personnel to provide the on-the-spot direction on safety protection.

Article 10(Relocation of the Pipeline Facilities)

In case of need of relocating the fuel gas pipeline facilities due to the operation of construction projects, the development unit shall report to the SMHURDC for examination and approval before applying for the Planning Permit of Construction Project; upon approval through examination and verification, the development unit or unit in charge of the construction shall, jointly with the pipeline enterprise, adopt appropriate remedial measures.

Article 11(Protection of the Safety Warning Marks)

It is prohibited to move, cover, demolish or destroy the safety warning marks of the fuel gas pipeline facilities.

Article 12(Demolishment of the Illegal Buildings)

The district people’s government shall organize the planning, fuel gas and other administrative departments to demolish the buildings or structures that occupy or press the fuel gas pipeline, and the relevant expenses shall be borne by the units or individual persons that illegally constructed the buildings or structures.

Article 13 (Handling of Accidents)

In case of the happening of the accidents of the fuel gas pipeline facilities, the pipeline enterprise shall, in accordance with the emergency handling plan, report to the relevant administrative department, and adopt relevant safety measures without delay, carry out continuous rush-repair and rush-to-meet-the-emergency work until the completion of the rush-repair and rush-to-meet-the-emergency work.

The relevant administrative department, upon receiving the report on the accident of the fuel gas pipeline facilities, shall organize the rush-to-meet-the-emergency work, and the rescue work in accordance with the Emergency Handling Predetermined Scheme of Shanghai Municipality on Hazardous Accident of Fuel Gas approved by the Municipal People’s Government.

Article 14(Social Obligations)

All units or individual persons have the duty to protect the safety of the fuel gas pipeline facilities, and shall notify the pipeline enterprise in time upon the discovery of the damage of the fuel gas pipeline facilities, and report to the fuel gas, public security and other administrative departments or the local government.

When carrying out the rush-repair work or the rush-to-meet-the-emergency work, the relevant unit or individual person shall provide necessary assistance, and shall not obstruct, or interfere with the rush-repair work or the rush-to-meet-the-emergency work for any reason.

Article 15(Administrative Punishment)

For the acts in violation of these Procedures, except for those otherwise provided by laws or regulations, the SMHURDC or the district fuel gas competent administrative departments shall impose punishment in accordance with the following provisions:

1. In case the pipeline enterprise fails to perform the protection duties in violation of the provisions of Clause 1, Article 5 of these Procedures, a rectification within the prescribed time limit shall be ordered, and a fine of not less than 1,000 yuan but not more than 10,000 yuan may be imposed; if the case is serious, a fine of not less than 1,000 yuan but not more than 10,000 yuan may be imposed.

2. In case the development unit performs the acts that endanger the safety of fuel gas pipeline facilities in violation of the provisions of Clause 1, Article 8 of these Procedures, a rectification within the prescribed time limit shall be ordered, and a fine of not less than 5,000 yuan but not more than 50,000 yuan may be imposed; and if the case is serious, a fine of not less than 50,000 yuan but not more than 100,000 yuan may be imposed.

3. In case the pipeline enterprise does not assign specialized technical personnel to provided protection guidance in violation of the provisions of Article 9 of these Procedures, a rectification within the prescribed time limit shall be ordered, and a fine of not less than 5,000 yuan but not more than 30,000 yuan may be imposed.

In case the unit in charge of the construction fails to carry out the construction in accordance with the protection scheme of fuel gas pipeline facilities in violation of the provision of Article 8, Clause 1 of these Procedures, the competent administrative department of construction shall order it to rectify within a prescribed time limit; In case of failure to rectify within the prescribed time limit, the unit in charge of the construction shall be ordered to suspend business and carry out the rectification, and in the period of suspension of business and carrying out the rectification, the unit in charge of the construction shall not contract any construction project, and be cumulatively penalized with a fine of between not less than 50000 yuan and not more than 100000 yuan.

For the acts in violation of the provisions of administration of fire prevention, the public security department shall impose punishment in accordance with law; and in case the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liabilities in accordance with law.

Article 16 (Entrustment of Administrative Punishment)

The SMHURDC may entrust the SFGMO to exercise the power of administrative punishment provided in Clause 1, Article 15 of these Procedures.

Article 17(Administrative Reconsideration and Litigation)

If the party concerned disagrees with the specific administrative act made by an administrative department, he/she may apply for administrative reconsideration or bring an administrative lawsuit according to the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China.

Where the party concerned does not apply for administrative reconsideration, nor brings an administrative lawsuit, nor performs the specific administrative act within the prescribed time period, the department that has made the specific administrative act may apply to the people’s court for enforcement according to law.

Article 18(Effective Date)

These Procedures shall be effective as of April 1, 2005. The Procedures of Shanghai Municipality on the Administration of Urban Coal Gas Facilities promulgated on October 8, 1994 by the Shanghai Municipal People’s Government shall be repealed at the same time.