Chapter IGeneral Provisions
Article 1 To strengthen urban gas administration in this municipality, ensure gas supply and safety, safeguard the legitimate rights and interests of gas users and operators, maintain an orderly gas market, and promote the high-quality development of the urban gas industry in this municipality, these Regulations are formulated in accordance with the foundational principles specified in relevant laws and administrative regulations and in light of the specific circumstances in Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to the planning, construction, supply, service and use of urban gas, protection of gas pipelines and facilities, emergency and accident response, and other related activities within Shenzhen Special Economic Zone.
These Regulations shall not apply to the production or import of natural gas or liquefied petroleum gas, the transportation of gas by tankers (vessels), gas loading or unloading at ports, the transportation of natural gas by pipelines outside city gate stations, offshore terminals for natural gas, the use of gas as raw material for industrial production, or the production or use of biogas or straw gas, which do not involve the sale and supply of gas to end users.
Where laws and regulations provide otherwise for special equipment such as pressure vessels and pressure pipelines, such provisions shall prevail.
Article 3 In gas administration, relevant authorities shall make holistic planning and ensure safety, supply, low-carbon development, environmental protection, and standardized, intelligent and efficient services.
Article 4 The municipal and district people’s governments (including competent authorities of new areas; the same below) shall strengthen the leadership in gas administration, make holistic plans to promote the development of the gas industry, incorporate the development of the gas industry into the National Economic and Social Development Plan, establish a comprehensive coordination mechanism for gas safety supervision and administration, and address major issues holistically.
Article 5 The municipal competent housing and construction authority (hereinafter referred to as the municipal competent gas authority) shall coordinate, guide and supervise gas administration across this municipality, and compile policy documents and plans for gas administration and development, as well as technical standards and norms.
The district competent housing and construction authority (hereinafter referred to as the district competent gas authority) shall administer the gas industry, ensure safety and protect gas pipelines and facilities within its jurisdiction.
The market regulation authority shall supervise and ensure the safety of pressure vessels, industrial pipelines and safety accessories as well as gas quality. It shall also supervise the quality of gas appliances and grant licenses for filling gas cylinders.
The authorities of development and reform, public security, ecology and environment, transport, commerce, emergency management and fire rescue shall administer gas within the scope of their respective duties, and supervise and ensure safe gas production in their respective industries and fields.
Article 6 Subdistrict offices shall ensure gas safety within their jurisdiction during routine inspections:
(1) Inspecting the use of gas by non-resident users, the number of gas cylinders at cylinder gas supply stations and the installation and use of combustible gas alarm devices, and urging corrections to eliminate risks;
(2) Inspecting gas pipelines, timely stopping any act that endangers gas pipelines, notifying gas suppliers and reporting relevant information to the district competent gas authority;
(3) Cooperating with competent authorities in publicity and training to promote gas safety.
The district competent gas authority shall offer training and counseling to subdistrict offices in terms of daily inspection.
Article 7 Gas suppliers and non-resident users shall integrate gas safety measures into their safe production plans. Gas suppliers shall ensure safe gas supply, fully take the primary responsibility for safety, formulate sound rules and regulations on safe production and operating procedures, and offer better counseling and technical services for safe gas use.
Gas users shall strictly abide by the regulations on safe gas use, increase daily inspections on private gas pipelines, facilities and related equipment, and ensure safe gas use.
Article 8 It is encouraged to develop intelligent gas systems, including information-based operations and safe gas production processes, so as to enhance intelligent gas management.
It is encouraged to support gas research, thus promoting safe, intelligent, low-carbon and efficient new technologies, processes, equipment and products.
Article 9 The municipal and district people’s governments, relevant authorities, gas suppliers and property service providers shall promote safe gas use by enhancing people’s awareness of safe gas use and capabilities to respond to gas accidents.
The education authority shall include safe gas use in common sense education on safety.
Media outlets such as radio, television, newspapers and the Internet shall promote public welfare communication on safe gas use in accordance with relevant regulations on advertising management.
Article 10 Gas industry associations shall establish self-discipline mechanisms and formulate industry standards and service norms in accordance with laws, regulations and articles of association.
Chapter II Planning and Construction
Article 11 The municipal competent gas authority shall, in conjunction with the municipal development and reform authority and the municipal urban planning and natural resources authority, organize the compilation of the gas development plan according to the NationalEconomic and Social Development Plan, national spatial and energy plans, and submit it to Shenzhen Municipal People’s Government for approval before implementation. The district competent gas authority may, according to the actual circumstances, work out the gas development plan within its jurisdiction and submit it to the district people’s government for approval before implementation.
Details about urban space utilization in the gas development plan shall be consistent with the national spatial plan. The land for gas pipelines and facilities included in the national spatial plan shall not alter its purposes without being adjusted according to statutory procedures.
Article 12 The municipal competent gas authority may, in accordance with the requirements for safety, environmental protection and energy conservation and the actual circumstances in the gas industry, formulate technical specifications for gas engineering construction projects, gas production and operation, gas pipelines, facilities and appliances, and promulgate and implement them in accordance with relevant regulations.
Article 13 Development and construction projects within this municipality shall include gas pipelines and facilities or reserve land for gas pipelines and facilities according to the national spatial plan and the gas development plan.
Municipal projects and housing construction projects such as new, extended and reconstructed roads and bridges, which shall include gas pipelines and facilities according to the national spatial plan and the gas development plan, shall be designed, constructed, completed and checked for acceptance at the same time as the main projects.
Article 14 Gas pipelines and facilities within the red line of the construction site shall be invested by the investor; municipal gas pipelines and facilities shall be invested by the government or the pipeline gas supplier in accordance with the franchise contract.
Article 15 New residences and other construction projects where gas needs to be used shall be equipped with gas pipelines and facilities.
For the residential areas and urban villages that have been built without gas pipelines or facilities but meet the requirements for reconstruction, the municipal or district people’s government shall organize the improvement of pipeline gas. Pipeline gas suppliers, house owners, managers, lessors and lessees shall cooperate.
For areas where municipal gas pipelines and pipeline gas are already available, the supply of gas packed in one single cylinder or in one cylinder group shall be stopped, except for users who do not meet the requirements for the installation or use of gas pipelines so gas pipelines or pipeline gas cannot be provided. Specific exceptions shall be separately prescribed by the municipal competent gas authority.
Article 16 Gas engineering construction projects shall proceed according to relevant laws, regulations and mandatory standards and norms for engineering construction, and shall be incorporated into the engineering quality and safety supervision system. The engineering supervision authorities shall supervise and administer such projects in accordance with their respective duties.
The investor shall consult pipeline gas suppliers about inlet points and gas demands when designing the construction drawings of the pipeline gas project.
It is encouraged to promote centralized layouts of pipeline gas facilities in commercial complexes.
Article 17 After the gas project has been completed, the investor shall, in accordance with relevant regulations on construction projects, check the project for acceptance and report it to relevant authorities for filing. Projects that have not been checked for acceptance in accordance with relevant regulations or have not passed the check for acceptance shall not be operationalized.
The investor shall, in accordance with the regulations on archive management, collect and arrange relevant documents and materials of the gas project, and timely send them to the authority of urban construction archives and other relevant authorities.
Article 18 After the pipeline gas project has passed the check for acceptance, the investor shall send pipeline, facility and project completion data to the pipeline gas supplier and shall be responsible for the authenticity, accuracy and completeness of such data. Without a justifiable reason, the pipeline gas supplier shall not refuse such data.
Before the pipeline gas project has been handed over, the investor shall be responsible for the management and maintenance of pipelines and facilities; if any pipeline or facility is damaged, the investor shall repair or replace it. After the pipeline gas project has been handed over, the pipeline gas supplier and users shall be responsible for the management and maintenance of pipelines and facilities in accordance with relevant provisions of these Regulations.
The warranty period of the pipeline gas project shall not be less than two years, calculated from the date of acceptance of the project. All quality issues arising during the warranty period shall be addressed by the original constructor.
Article 19 The pipeline gas supplier shall connect the gas pipelines of the project with municipal gas pipelines within five working days after the investor has finished relevant gas supply procedures.
Article 20 The pipeline gas supplier shall be responsible for the daily maintenance, repair, upgrade and renewal of municipal gas pipelines and facilities. For municipal gas pipelines and facilities that need to be replaced in advance or have their service life extended, the pipeline gas supplier shall test them in accordance with relevant technical standards and norms, invite experts for demonstration and report to the municipal competent gas authority for filing.
Article 21 The pipeline gas supplier shall be responsible for the daily maintenance of shared gas pipelines and facilities as well as relevant expenses; maintenance, upgrade and renewal expenses of shared gas pipelines and facilities shall be paid from dedicated housing maintenance funds. Users shall be responsible for the daily maintenance, repair, upgrade, and transformation of their private gas pipelines and facilities, and bear relevant costs.
The property service provider and the user shall cooperate with the pipeline gas supplier in the daily maintenance of shared gas pipelines and facilities.
The user shall consult the pipeline gas supplier in advance and hire a qualified entity for the maintenance, upgrade or renewal of gas pipelines or facilities. The pipeline gas supplier shall reply within three working days and cooperate with the user in maintenance, upgrade or renewal.
Responsibilities and expenses arising from the maintenance, upgrade and renewal of gas pipelines and facilities of a non-resident user shall be subject to the gas supply contract.
The cylinder owner shall maintain and upgrade the cylinder used by the cylinder gas user; the cylinder gas user shall maintain and upgrade cylinder pressure regulating devices, connecting pipes and gas appliances.
Article 22 To alter a high-pressure or sub-high-pressure municipal gas pipeline or facility, the investor shall apply to the district competent gas authority and meet the following requirements:
(1) Meeting the requirements of gas planning;
(2) Having design, organization and implementation plans to ensure safe construction;
(3) Formulating measures to avoid unsafe or irregular fuel use by the user;
(4) Other requirements stipulated by laws or regulations.
The district competent gas authority shall decide whether to approve the application or not within ten days from the date of receiving the application.
If there is any alteration regarding the municipal gas pipeline or facility other than those prescribed in the preceding paragraph, the investor shall submit the materials prescribed in the preceding paragraph to the district competent gas authority for filing within three working days from the date of altering such municipal gas pipeline or facility.
Chapter III Supply and Service
Article 23 The municipal competent gas authority shall, in conjunction with the municipal authorities of development and reform, urban planning and natural resources, and finance, formulate a well-functioning emergency gas reserve system, identify the location and total amount of gas reserves, and requirements for putting them into use, and apply to Shenzhen Municipal People’s Government for approval before implementation.
The municipal urban planning and natural resources authority shall, in accordance with relevant plans, reserve land for facilities for emergency gas reserves.
Shenzhen Municipal People’s Government may purchase emergency gas reserves from a qualified enterprise by purchasing its service, or invest in emergency gas reserve facilities and hire a qualified enterprise to operate them.
Article 24 Whoever engages in gas storage, transmission, delivery or supply shall obtain the gas business license issued by the municipal competent gas authority. To obtain the gas business license, the following requirements shall be met:
(1) Having registered lawfully;
(2) Having a business premise or station that has a reasonable layout of facilities and has passed the check for acceptance;
(3) Having a stable gas source that meets national standards and the capacity of reserving gas commensurate with the business scale, and having established a gas quality monitoring and testing system;
(4) Having the principal person in charge as well as safe production management, operation, maintenance and emergency repair personnel that have been professionally trained and have passed relevant assessments;
(5) Having a sound safety management system and operating procedures;
(6) Having a sound gas emergency plan and the capacity of rescue commensurate with the scale of gas supply;
(7) Having the safety evaluation report on the premise or station, and meeting the requirements for safe operation;
(8) Other requirements stipulated by laws or regulations.
The municipal competent gas authority shall decide whether to approve the application or not within ten working days from the date of receiving the application.
The validity period of a gas business license is five years. Whoever needs to continue the gas business after the expiration of the validity period shall apply for a new license 60 days before the expiration of the validity period. The cylinder gas supplier that terminates the gas business shall report to the municipal competent gas authority for filing 60 days in advance.
Article 25 Whoever alters information such as shareholding, company name, registered address (premise), legal representative, safety director, or technical director shall report such alteration to the municipal competent gas authority for filing within 15 days after such alteration.
Article 26 The gas supplier shall report its branch such as gas storage station, storage and delivery station, filling station, gas vehicle filling station and cylinder gas supply station to the district competent gas authority for filing.
The gas supplier shall submit the following documents for filing:
(1) Materials for filing about the check for acceptance;
(2) A sound safety management system and emergency plan for gas accidents;
(3) Information about professional and technical personnel and other personnel with corresponding qualifications commensurate with the business scale;
(4) Safety evaluation report of the branch;
(5) List of equipment, spare parts, vehicles and testing instruments necessary for emergency repair;
(6) Related materials to prove that physical protection devices and the video surveillance system meet the anti-terrorism standards for the urban gas industry.
If the gas supplier has submitted all necessary materials, the district competent gas authority shall file them within ten working days from the date of receiving them; if the gas supplier fails to submit all necessary materials, the district gas authority shall notify the gas supplier in writing only one time of materials that shall be supplemented.
The branch that has finished the filing procedures shall continue to meet relevant requirements for safe production and operation.
If the branch ceases or closes business, the gas supplier shall properly ensure normal gas use by users and report relevant information to the district competent gas authority 15 days in advance.
Article 27 Pipeline gas shall be franchised, and matters related to franchising shall be handled in accordance with the Regulations on Franchising Public Utilities in Shenzhen Municipality. Whoever has not obtained the franchise right according to the law shall not engage in the pipeline gas business.
The pipeline gas supplier shall perform the franchise agreement, do business within the scope stipulated in the franchise agreement, and accept the supervision of relevant authorities.
The municipal competent gas authority shall evaluate the performance of the pipeline gas supplier in accordance with the franchise agreement. If the pipeline gas supplier terminates its business in accordance with the franchise agreement or its franchise right is canceled according to the law due to illegal operation, the municipal competent gas authority shall take measures to ensure gas supply and service.
Article 28 Whoever engages in the installation or maintenance of gas appliances shall obtain the qualification certificate for installing or maintaining gas appliances issued by Shenzhen Gas Industry Association (hereinafter referred to as SGIA). To obtain the qualification certificate for installing or maintaining gas appliances, the following requirements shall be met:
(1) Having a premise on a suitable scale for installation or maintenance;
(2) Having competent and adequate professional technical personnel as well as personnel for installation or maintenance;
(3) Having adequate and suitable professional equipment, maintenance tools and spare parts for installation or maintenance;
(4) Having a well-functioning management system and service codes;
(5) Other requirements stipulated by laws or regulations.
If the applicant has submitted all necessary materials, SGIA shall make a decision within ten working days from the date of receiving the application; if the applicant fails to submit all necessary materials, SGIA shall notify the applicant in writing only one time of the materials that need to be supplemented within two working days from the date of receiving the application. After SGIA has made a decision, it shall report to the municipal competent gas authority in writing within five working days.
The validity period of the qualification certificate for installing and maintaining gas appliances is five years. Whoever continues to engage in the installation or maintenance of gas appliances upon the expiration of the validity period shall apply for renewal to SGIA 90 days before the expiration of the validity period.
After obtaining the qualification certificate for installing or maintaining gas appliances, whoever alters information such as the company name, registered address or legal representative shall report such alteration to SGIA for filing within 30 days from the date of such alteration.
Article 29 A fixed price shall be applied to pipeline gas. The municipal competent price authority shall supervise the delivery and sales prices of pipeline gas suppliers according to the law. Delivery and sales prices for resident users shall be subject to government fixed prices, while those for non-resident users shall be subject to government guidance prices.
The municipal competent price authority shall dynamically supervise the purchasing costs, delivery prices and sales prices of pipeline gas suppliers. A linkage mechanism between the sales price and the purchasing cost shall be established.
Article 30 The gas supplier shall establish a well-functioning user service system to standardize its services and comply with the following rules:
(1) Signing a gas supply contract with the user, which clarifies the rights of both parties;
(2) Publishing business procedures, service items, commitments, rates, service and complaint hotline and emergency response measures at the business processing venue; publishing service, complaint and emergency hotline to the public;
(3) Providing technical guidance and services for the user within the scope of supply, and ensuring that the user uses gas strictly in accordance with relevant standards and rules for safe gas use;
(4) Adopting real-name sales, establishing a well-functioning user service information system, and keeping a complete user service file;
(5) Not designating the designer or constructor for the gas project invested by the user; not requiring the user to buy a designated gas appliance or another related product;
(6) Ensuring that the gas supplied meets national standards.
Article 31 If the pipeline gas supplier cannot supply gas normally due to construction, maintenance or another reason, it shall notify the property service provider and the user who may be affected by such project in an appropriate manner 48 hours in advance, except in an emergency case, and give advance notice of the possible impacts brought by the project. If gas supply will be stopped continuously for more than 48 hours, it shall take corresponding emergency measures to ensure sufficient gas supply to the user.
Article 32 The gas supplier shall inspect private gas pipelines and facilities and the use of gas at least once a year, and keep a complete inspection file. The subdistrict office, neighborhood committee and property service provider shall support its inspection.
Before the safety inspection, the gas supplier shall notify the user of the date of the safety inspection in writing in advance. If the inspection cannot be conducted on time due to the user’s reason, the gas supplier shall notify the user in writing and consult the user about the inspection time separately.
The inspector appointed by the gas supplier shall present relevant certificates when conducting the safety inspection. The user shall cooperate with the safety inspection, shall not refuse the safety inspection without a justifiable reason, and shall sign the written inspection report. If the user refuses to sign the report, the gas supplier may leave the inspection report to the user.
If the safety inspection can not be conducted for three consecutive years due to the user’s reason, the gas supplier shall notify the user in writing, and the user shall agree with the gas supplier on the time for the safety inspection within 15 days after receiving the notice. If the safety inspection is not conducted within the time limit due to the user’s reason, the gas supplier may suspend gas supply.
After gas supply has been suspended, the user and the gas supplier shall agree on the inspection time separately. If the inspection shows that the user meets the requirements for gas supply, the gas supplier shall resume gas supply within 24 hours. The user shall bear the expenses arising from the suspension or resumption of gas supply.
Article 33 If any safety risk is found in the safety inspection and corrections can be made on the spot, the user shall immediately make corrections. The gas supplier shall support the user if the user needs support; if corrections can not be made on the spot, the gas supplier shall issue a risk notice to the user, and the user shall sign the risk notice and make timely corrections.
If the user refuses to sign for the risk notice, the gas supplier can take photos or videos of the site where the risk lies, leave the risk notice to the user, and inform the subdistrict office and property service provider in the area.
If there is a major risk but the user refuses to make corrections, the gas supplier shall take protective measures such as stopping or restricting gas supply and report this to the subdistrict office in the area, which shall urge the user to eliminate the risk in a timely manner. If the user fails to eliminate the risk in time, the gas supplier shall report to the district competent gas authority.
If the user applies for gas supply after corrections, the gas supplier shall verify the corrections within 48 hours. If the corrections meet relevant requirements, the gas supplier shall resume gas supply within 24 hours.
The user shall bear the expenses arising from the suspension or resumption of gas supply due to the user’s reason.
Article 34 The municipal and district people’s governments shall mobilize competent authorities and the authorities of transport and public security to establish well-functioning delivery systems for cylinder gas, and strengthen the administration of cylinder gas delivery men and vehicles. Delivery vehicles shall be clearly marked and comply with relevant regulations on transportation.
The municipal and district people’s governments shall encourage the cylinder gas supplier to realize large-scale and intensive management, implement a unified delivery system, and gradually integrate into and optimize the cylinder gas market.
Article 35 The cylinder gas supplier shall fill gas cylinders in accordance with relevant standards and norms, establish an information-based platform for tracking cylinder circulation and a quality assurance system for cylinder filling, implement whole-process traceability management of cylinders using QR codes and other data carriers, and install devices for the recovery and disposal of residual liquids.
The cylinder gas supplier shall conduct necessary checks on gas facilities and the surroundings when delivering gas.
Article 36 The cylinder filler shall not conduct any of the following acts:
(1) Filling gas into the cylinder whose technical files are not kept by the cylinder filler or whose owner has not signed a mandatory management agreement with the cylinder filler;
(2) Retrofitting or renewing the obsolete cylinder;
(3) Filling gas into the cylinder that does not bear the QR code according to relevant regulations, does not keep circulation data, has been scrapped, has not been inspected within the specified time limit or has failed the inspection;
(4) Filling the cylinder directly with the gas in the gas storage tank or the tank of the tanker truck;
(5) Filling the cylinder for non-gas vehicle at the gas vehicle filling station;
(6) Pumping gas in one cylinder into another cylinder;
(7) Filling the cylinder with dimethyl ether or another substance that does not conform to the mark of the cylinder, adulterating, passing fake imitations for genuine, or selling seconds at best quality prices.
Article 37 The cylinder gas supplier shall not conduct any of the following acts:
(1) Selling cylinder gas not filled or not produced by itself;
(2) Selling the cylinder that does not bear the QR code in accordance with relevant regulations or does not keep circulation data;
(3) Storing gas beyond design standards or specifications;
(4) Using the motor vehicle or another means of transport to sell cylinder gas at a fixed or random site, except for direct gas delivery for the user that has made an appointment;
(5) Supplying cylinder gas to the non-resident user who has not signed a gas supply contract;
(6) Other acts in violation of laws, regulations or standards.
Article 38 Under any of the following circumstances, the vehicle-mounted gas cylinder filler shall not fill a cylinder:
(1) The vehicle-mounted gas cylinder or its safety accessory fails to meet safety requirements;
(2) There is no registration certificate for the use of the vehicle-mounted gas cylinder, or the registration information is inconsistent with the information of the vehicle-mounted gas cylinder or the vehicle;
(3) The vehicle-mounted gas cylinder has not been inspected within the specified time limit or failed the inspection, or the designed service life has expired.
The vehicle-mounted gas cylinder filler shall post safety instructions in obvious positions of the gas filling site.
Article 39 The gas supplier, its branch, and gas appliance installation and maintenance enterprise shall not allow another party to engage in the gas business or the installation or maintenance of a gas appliance in their names by means of leasing, lending, contracting or attaching to them.
Article 40 The gas supplier may not engage in any business activities outside the scope of business, or provide gas for any unlicensed organization or individual.
Article 41 After receiving the user’s application for gas supply, the gas supplier shall conduct a safety check on the surroundings and record the inspection result in the inspection file. Gas shall not be supplied under any of the following circumstances:
(1) The gas storage or use site, gas pipeline, facility, or gas appliance fails to meet safety requirements;
(2) The production or business entity engaged in catering or another industry fails to install the combustible gas alarm device in accordance with relevant regulations and ensure its normal use.
Article 42 The property service provider shall designate a special person to receive training on gas safety and promote gas safety, conduct daily inspections on shared gas pipelines and facilities within the area under its management, assist the gas supplier in gas pipeline and facility maintenance, emergency repair, safety inspection and meter reading, organize the inspection on small and scattered projects within the area under its management, and timely inform the gas supplier of any engineering activity that may affect the safety of gas pipelines or facilities.
The neighborhood joint stock cooperative company shall support the municipal and district people’s governments and relevant authorities in gas administration.
Chapter IV Use of Gas
Article 43 The user shall have the right to inquire the gas supplier about gas-related services, charges and other information. The gas supplier shall process such inquiry and reply in a timely manner.
If the user disagrees with the processing result or the gas supplier does not process such inquiry, the user may complain to the district competent gas authority or relevant authorities. The district competent gas authority or relevant authorities shall deal with the user’s complaint in a timely manner, and inform him of the processing result within ten working days from the date of receiving the complaint.
Article 44 New residential building or another construction project where gas needs to be used shall be equipped with automatic shut-off devices, such as self-closing valves, on their gas pipelines, facilities, or related equipment. It is encouraged that the user living in the building with pipeline gas already available installs the automatic cut-off device such as the self-closing valve.
New residential building or another construction project that needs to use gas shall install intelligent facility such as the intelligent gas meter on the gas use terminal. It is encouraged that the user living in the building with pipeline gas already available replaces the old gas meter with the intelligent one.
Whoever engages in catering or another industry and uses gas shall install the combustible gas alarm device and ensure its normal use; it is encouraged to use intelligent combustible gas alarm devices. It is encouraged that the resident user installs the combustible gas alarm device.
The user shall, in accordance with the requirements for safe gas use, use the gas appliance with a flameout protection device and special connection hose that meets relevant standards.
Article 45 The public liability insurance shall be promoted among gas suppliers. It is encouraged that the gas supplier buys public liability insurance for third-party casualties and property losses that may occur in its production and business activities.
It is encouraged that the user buys gas accident insurance.
Article 46 No one shall conduct any of the following acts:
(1) Using or storing gas in a place that does not meet safety requirements, or using cylinder gas in an underground or semi-underground building or high-rise building;
(2) Buying gas from any other party that has not obtained the gas business license;
(3) Misappropriating gas or damaging the gas pipeline or facility;
(4) Using the gas pipeline as a weight-bearing support or ground lead;
(5) Installing, modifying or removing the gas pipeline, facility or metering device without authorization;
(6) Changing the use of gas or supplying gas to another party without authorization;
(7) Filling residual gas into the cylinder without authorization, or filling the cylinder with the gas in another cylinder;
(8) Heating, smashing or putting down the cylinder, putting the cylinder under the blazing sun for quite a long time or changing the inspection mark on the cylinder;
(9) Manipulating the public valve of the gas pipeline without authorization;
(10) Installing or using the gas appliance incompatible with the gas supplied;
(11) Misappropriating, occupying, destroying, damaging, burying or moving the gas pipeline or facility without authorization;
(12) Other acts prohibited by laws or regulations.
If the gas supplier finds that any party has conducted any act as prescribed in the preceding paragraph, it shall inform such party of stopping such act immediately and making corrections in time. If such party refuses to make corrections, the gas supplier shall report to the competent authority or other relevant authorities, and may take corresponding protective measures such as stopping or restricting gas supply. If a crime is suspected, it shall report to the public security authority.
If such party has made corrections and then applied for gas supply, the gas supplier shall verify the corrections within 48 hours. If the corrections meet relevant requirements, the gas supplier shall resume gas supply within 24 hours.
Article 47 The non-resident user shall sign a gas supply contract with the gas supplier, teach its employees the knowledge and skills of safe gas use, improve their awareness of safe gas use, appoint a special person for gas safety management, and regularly conduct safety self-checks.
Article 48 Gas safety management in densely populated places such as urban commercial complexes and markets shall meet the following requirements:
(1) The property owner and the property service provider shall establish well-functioning systems for gas safety management, alarm and early warning against combustible gas, formulate emergency plans for gas-related accidents, designate special persons to manage gas pipelines and facilities to ensure safe gas use, and regularly organize the inspections of potential risks, corrections and emergency drills;
(2) The gas supplier shall designate a special person to inspect gas pipelines, facilities and potential risks, ensure gas use safety and follow up the correction process.
Article 49 If the competent authority or another relevant authority finds potential risk of a production accident in gas supply or use in the course of performing its duties, it shall order the relevant party to eliminate such risk immediately. If another accident may happen in the course of eliminating such risk, it shall order the relevant party to stop using the relevant gas pipeline, facility or related equipment or to temporarily stop production or business; if there is risk of a gas use accident, it shall also inform the gas supplier of taking corresponding measures.
Article 50 No one shall produce, sell, install or use any gas appliance or accessory that has been eliminated by the state, province or multiplicity.
Whoever installs or repairs gas appliances shall install or repair gas appliances or accessories in accordance with relevant standards and norms, and shall not install or repair any gas appliance or accessory that does not meet standards, reaches the end of life or is not compatible with the gas supplied.
Whoever produces or sells facilities, equipment or accessories such as gas appliances shall set up or authorize another party to set up an after-sales service site, which is equipped with qualified installation or maintenance workers, create user files, offer after-sales installation and maintenance services, and publish service items and rates.
It is encouraged to produce, sell, install and use energy-saving, efficient and environment-friendly gas appliances and accessories.
Article 51 Gas appliances that are sold shall meet relevant requirements for gas use. Their compatibility with the gas supplied shall be tested by corresponding qualified testing institutions. They shall bear marks that indicate their gas compatibility and service life in obvious positions.
Article 52 The property lessor shall fulfill the following responsibilities for safe gas use:
(1) Ensuring that the gas pipeline, facility and appliance with the rental property are fit for leasing;
(2) Informing the lessee of the guidelines on safe gas use by gas users and the manual on safe gas use formulated by the competent authority or the gas supplier;
(3) Urging the lessee to make corrections and timely reporting relevant information to the subdistrict office when finding that the lessee has violated the regulations on safe gas use.
If the lessee applies to the gas supplier for payment and starting the payment procedures, the lessor shall cooperate and shall not charge the lessee gas fees higher than the standard price of pipeline gas formulated by the government, or charge the lessee unreasonable fees such as gas use fees, management fees or agent fees for paying gas use fees on behalf of the lessee.
The lessee shall bear the responsibility for safe gas use, except as otherwise agreed in the property lease contract.
When the lessee moves in and out of the property, the lessor and the lessee shall confirm the safety of the gas pipeline, facility and related equipment with the rental property.
Chapter VProtection of Gas Pipelines and Facilities
Article 53 The municipal competent gas authority shall, in conjunction with the municipal urban planning and natural resources authority, delimit the scope of protection and safety control of gas pipelines and facilities in accordance with relevant national regulations and standards, and announce it to the public.
The pipeline gas supplier shall draw the diagram of the gas pipe network and share it with relevant authorities of the municipal and district people’s governments and subdistrict offices.
Article 54 The municipal urban planning and natural resources authority shall ensure safe distances between the proposed construction project and the gas pipeline and facility in accordance with relevant laws, regulations, standards and norms when approving the land use plan of a construction project.
For the construction project around the main pipeline network of high pressure, intermediate pressure or municipal medium pressure, the investor shall organize the safety impact assessment of the gas pipeline and facility in accordance with relevant regulations.
Article 55 No one shall conduct any of the following acts within the scope of safety protection of gas pipelines and facilities:
(1) Conducting drilling, mechanical excavation, blasting or soil collection;
(2) Constructing any structure;
(3) Stacking heavy, inflammable or explosive objects;
(4) Dumping or discharging corrosive substances;
(5) Planting deep-rooted plants;
(6) Anchoring, towing, dredging or mining sand above or below the pipeline crossing the river;
(7) Other acts prohibited by laws or regulations.
Article 56 Whoever needs to start an underground construction project shall, prior to construction, inquire the urban construction archive management institution, the urban planning and natural resources authority or the gas supplier about gas pipelines and facilities within the scope of construction and the scope of influence of construction, and verify such information on the spot with the pipeline gas supplier. The pipeline gas supplier shall cooperate.
Article 57 Whoever conducts any of the following acts shall protect the gas pipeline or facility:
(1) Conducting jacking, non-mechanical digging or another process that may affect the safety of gas pipelines or facilities within the scope of protection;
(2) Engaging in construction engineering survey, construction or another process that may affect the safety of gas pipelines or facilities within the scope of safety control for gas pipelines and facilities.
If the investor needs to conduct any of the acts mentioned in the preceding paragraph, it shall, in conjunction with the constructor, supervisor and other relevant parties, sign a protection agreement with the pipeline gas supplier, manually verify the specific location of gas facilities on the spot, formulate a protection plan for gas pipelines and facilities, and take protective measures. Before any earth-moving operation, the investor shall organize the signing of the earth-moving confirmation form in accordance with the prescribed procedures.
If the investor needs to modify, relocate or dismantle a gas pipeline or facility due to engineering construction, it shall obtain the consent of the pipeline gas supplier in advance, protect the pipeline gas pipeline or facility in accordance with the provisions of the second paragraph, and bear relevant expenses.
The authorities of housing and construction, transport, and water as well as subdistrict offices shall, in accordance with their respective duties, protect, supervise and administer gas pipelines or facilities of the projects under their jurisdiction.
Article 58 The pipeline gas supplier shall protect the gas pipeline or facility as follows:
(1) Establishing a well-functioning internal regulatory framework for gas pipeline or facility protection and the workflow for relevant posts, and organizing their implementation;
(2) Formulating an internal emergency plan for accidents related to the gas pipeline or facility and report it to the competent authorities for filing;
(3) Organizing the safety inspection, maintenance and upgrade of the gas pipeline or facility, and timely investigating and eliminating potential risks;
(4) Creating a complete gas pipeline or facility operation file;
(5) Other responsibilities for safety as stipulated by laws or regulations.
Article 59 Whoever causes damage to the gas pipeline or facility shall immediately take emergency measures, inform the pipeline gas supplier and cooperate in emergency repair; if any loss is caused, it shall make compensations according to the law; if any accident is caused, it shall bear legal liabilities according to the law.
Whoever discovers anyone damaging the gas pipeline or facility shall dissuade and cease such person; if dissuasion or cessation fails, it shall immediately inform the pipeline gas supplier or report to the competent authority or subdistrict office.
Article 60 For a rail transit or high-voltage power transmission project that may produce stray currents or corrode the underground gas pipeline or facility, the investor shall, in accordance with relevant standards and norms for the protection of gas pipelines and facilities, conduct analysis and evaluation in the design stage, verify design effects in the construction and use stage and take appropriate protective measures.
Article 61 The gas supplier shall, in accordance with relevant construction engineering standards and the regulations on safe production, set up protection devices such as anti-corrosion, insulation, lightning protection, voltage reduction or isolation and safety warning signs for gas pipelines and facilities, and regularly inspect, test, repair and maintain them.
No one shall damage, cover, alter, dismantle or move the safety warning sign of the gas pipeline or facility without authorization.
Chapter VI Emergency and Accident Response
Article 62 The municipal competent gas authority shall prepare an emergency plan for stable gas supply and gas emergencies, and submit it to Shenzhen Municipal People’s Government for approval before implementation. The district competent gas authority shall prepare an emergency plan for gas emergencies within its jurisdiction and submit it to the district people’s government for approval before implementation.
After the emergency plan is activated, the gas supplier and the user shall obey instructions and arrangements.
The municipal and district people’s governments shall be equipped with necessary gas emergency rescue equipment to ensure efficient emergency rescue.
Article 63 The emergency management authority shall direct the industry and information technology authority and the competent authority to establish well-functioning gas emergency command and communication networks.
The gas supplier shall offer rescue and repair hotline, announce them to the public, and maintain it 24h reachable.
Article 64 The gas supplier shall, in accordance with the municipal and district emergency plans, formulate its own gas emergency plan, submit it to the municipal competent gas authority for filing, and report it to the district competent gas authority. It shall also regularly organize emergency drills and timely modify the plan as necessary.
The investor shall organize the formulation of protection and emergency plans for gas pipelines and facilities by the constructor, the supervisor and the gas supplier. The emergency plan shall be included in on-site technical disclosure.
Article 65 The gas supplier shall set up an emergency repair center that is equipped with emergency repair personnel, necessary protective equipment, vehicle, communication equipment and testing instruments.
The gas supplier shall implement a 24h on-duty system to ensure immediate emergency repair after a gas accident alarm is received. During the emergency repair, all parties concerned shall cooperate and shall not obstruct or interfere with the emergency repair process.
Emergency repair personnel of the gas supplier may take appropriate measures for another facility that affects the emergency repair when dealing with the gas accident, and shall restore such facility to its original state afterwards. If it cannot be restored to its original state, the gas supplier shall compensate according to the law.
Article 66 In the event of a gas emergency, the gas supplier shall immediately implement the gas emergency plan, take corresponding measures to mitigate the accident, prevent escalation and secondary disasters, and report to the competent authority and the authorities of emergency management, market regulation, and fire rescue according to the gravity of the accident and relevant procedures. Delay, omission, falsification and concealment are prohibited.
Relevant authorities shall, in accordance with the gravity of the accident, the emergency plan for gas emergencies, and their respective duties and jurisdiction, cooperate closely in the command and disposal processes.
In the event of an emergency such as a gas leak, where it is necessary to take emergency measures such as evacuating people, blocking traffic, cutting off power supply, removing the fuel source, or entering a residence, the authorities of public security, emergency management, fire rescue and transport, the subdistrict office, the power supplier, and the property service provider shall offer help.
Chapter VIILegal Liabilities
Article 67 If a relevant authority or its staff member fails to perform relevant duties or incorrectly performs relevant duties in gas supervision or administration, the principal person directly in charge and other persons directly responsible shall be punished according to the law; if a crime is constituted, criminal responsibilities shall be investigated according to the law.
Article 68 In violation of the third paragraph of Article 15 of these Regulations, whoever fails to stop the supply of gas packed in one single cylinder or in one cylinder group in accordance with relevant regulations in the area equipped with municipal gas pipelines and pipeline gas shall be ordered by the district competent gas authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan. If the circumstances are serious, the municipal competent gas authority shall be requested to revoke its gas business license.
Article 69 In violation of Article 22 of these Regulations, whoever alters the municipal gas pipeline or facility without authorization and fails to go through the review and approval or filing procedures in accordance with relevant regulations shall be ordered by the competent authority to make corrections within a time limit, restore the gas pipeline or facility to its original state or take other remedial measures, and be fined not less than 50,000 yuan but not more than 100,000 yuan.
Article 70 In violation of Article 24 or 27 of these Regulations, whoever engages in the gas business without the gas business license or pipeline gas franchise right shall be ordered by the municipal competent gas authority to stop illegal business activities, have illegal gains confiscated, and be fined not less than 200,000 yuan but not more than 500,000 yuan.
In violation of Article 26 of these Regulations, the branch that fails to report to the relevant authority for filing in accordance with relevant regulations shall be ordered by the district competent gas authority to make corrections within a time limit and fined 100,000 yuan.
Article 71 In violation of Article 28 of these Regulations, whoever engages in the installation or maintenance of gas appliances without the qualification certificate for installing or maintaining gas appliances shall be ordered by the municipal competent gas authority to make corrections within a time limit and have illegal gains confiscated; whoever fails to make corrections within the time limit shall be fined not less than 30,000 yuan but not more than 100,000 yuan (for organizations) or not less than 1,000 yuan but not more than 5,000 yuan (for individuals).
Article 72 Whoever violates any of the first to fifth items of the first paragraph of Article 30 of these Regulations shall be ordered by the competent authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 50,000 yuan; whoever violates the sixth item shall be punished by the market regulation authority or the competent authority in accordance with relevant regulations.
Article 73 In violation of Article 32 of these Regulations, whoever fails to conduct safety inspections according to relevant regulations shall be ordered by the competent authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan.
Article 74 In violation of Article 33 of these Regulations, whoever fails to eliminate a major risk in accordance with relevant regulations shall be ordered by the district competent gas authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 5,000 yuan but not more than 10,000 yuan.
Article 75 Whoever violates Article 36 or the first paragraph of Article 38 of these Regulations shall be ordered by the market regulation authority to make corrections and fined not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, the gas filling license shall be revoked.
Article 76 Whoever violates any of the first to fourth items of Article 37 of these Regulations shall be ordered by the competent authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.
Article 77 In violation of Article 39 of these Regulations, whoever allows another party to engage in the gas business or the installation or maintenance of gas appliances in its name by means of leasing, lending, contracting or attaching to it shall be ordered by the competent authority to stop illegal business activities, have illegal gains confiscated, and be fined not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, the municipal competent gas authority shall revoke the gas business license or the qualification certificate for installing and maintaining gas appliances.
Article 78 In violation of Article 40 of these Regulations, whoever engages in any business activity beyond the scope of business specified in the business license or provides gas to any party without a gas business license for sale shall be ordered by the competent authority to stop illegal business activities, have illegal gains confiscated and be fined not less than 200,000 yuan but not more than 500,000 yuan; if the circumstances are serious, the municipal gas competent authority shall revoke the gas business license.
Article 79 In violation of Article 41 of these Regulations, whoever fails to conduct inspections on gas use safety in accordance with relevant regulations or supplies gas in violation of relevant regulations shall be fined not less than 50,000 yuan but not more than 200,000 yuan by the competent authority; if the circumstances are serious, the municipal competent gas authority shall revoke the gas business license.
Article 80 In violation of the first and second paragraphs of Article 44 of these Regulations, whoever fails to install an automatic cut-off device such as the self-closing valve on the gas pipeline, facility or related equipment, or fails to install an intelligent facility such as the intelligent gas meter on the gas use terminal in new housing or another construction project that needs to use gas shall be ordered by the competent authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan.
In violation of the third paragraph of Article 44 of these Regulations, whoever engages in catering or another industry and uses gas but fails to install the combustible gas alarm device in accordance with relevant regulations and ensure its normal use shall be ordered by the subdistrict office to make corrections within a time limit and fined not more than 50,000 yuan; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan. If the circumstances are serious, it shall be ordered to stop production or business activities.
Article 81 Whoever violates the first to 11th items of the first paragraph of Article 46 of these Regulations shall be ordered by the competent authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 100,000 yuan (for organizations) or not less than 1,000 yuan but not more than 5,000 yuan (for individuals).
Article 82 In violation of the first paragraph of Article 50 of these Regulations, whoever produces or sells any gas appliance or accessory that has been eliminated by the state, province or municipality shall be dealt with by the market regulation authority according to the law; whoever installs or uses the gas appliance or accessory that has been eliminated by the state, province or municipality shall be ordered by the district competent gas authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 30,000 yuan but not more than 100,000 yuan (for organizations) or 1,000 yuan (for individuals).
Article 83 In violation of the second paragraph of Article 54 of these Regulations, the investor that fails to organize the safety impact assessment of the gas pipeline or facility in accordance with relevant regulations for the construction project around the main pipeline network of high pressure, intermediate pressure or municipal medium pressure shall be ordered by the competent authority to make corrections within a time limit and fined 50,000 yuan.
Article 84 Whoever violates any of the first to sixth items of the first paragraph of Article 55 of these Regulations shall be ordered by the competent authority to stop the illegal act, restore the gas pipeline or facility to its original state within a time limit and be fined not less than 50,000 yuan but not more than 200,000 yuan (for organizations) or not less than 5,000 yuan but not more than 10,000 yuan (for individuals).
Article 85 Whoever violates the second paragraph of Article 57 of these Regulations shall be ordered by the competent authority to make corrections within a time limit. The investor shall be fined not less than 200,000 yuan but not more than 500,000 yuan.
Article 86 Whoever violates the second paragraph of Article 61 of these Regulations shall be ordered by the competent authority to make corrections within a time limit and fined 5,000 yuan.
Article 87 In violation of the first paragraph of Article 65 of these Regulations, whoever fails to be equipped with emergency response personnel or necessary protective equipment, vehicle, communication equipment or testing instrument according to relevant regulations shall be ordered by the competent authority to make corrections within a time limit; whoever fails to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.
Article 88 In violation of the first paragraph of Article 66 of these Regulations, whoever fails to report a gas emergency to the competent authority and relevant authorities in accordance with relevant regulations, or resorts to delay, omission, falsification or concealment shall be fined not less than 50,000 yuan but not more than 200,000 yuan by the competent authority.
Article 89 In case of violation of these Regulations, relevant law enforcement authorities may seal up or seize the gas cylinder, gas, transportation vehicle, facility or related equipment used for illegal operations, and deal with such violation in accordance with pertinent regulations.
Chapter VIIISupplementary Provisions
Article 90 Definitions of the following terms in these Regulations:
(1) Urban gas refers to the combustible gas from the city gate station, the storage and delivery station or another regional gas source that is supplied to residents, commercial or industrial enterprises for shared use through the transmission and delivery system and meets the national requirements for standardized gas quality.
(2) Gas pipelines and facilities refer to gas storage and delivery stations, gas stations, gasification stations, gas mixing stations, gas filling stations, supply stations, pressure regulator stations, valve rooms and gas pipelines, including municipal, shared and private gas pipelines and facilities.
(3) Gas appliances refer to burning appliances using gas as fuel, including gas stoves, water heaters, water boilers, heaters and air conditioners used by households and commercial users.
(4) Municipal gas pipelines and facilities refer to all gas pipelines and facilities within the red line of municipal planning.
(5) Shared gas pipelines and facilities refer to gas pipelines and facilities shared by users within the red line in buildings and residential areas.
(6) Private gas pipelines and facilities refer to special gas pipelines and facilities designed for users specially, generally bounded by the starting valve of the special pipeline.
Article 91 These Regulations shall come into force on November 1, 2023.
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