Procedures of Shanghai Municipality on the Administration of Liquefied Petroleum Gas were adopted at the 87^th Routine Meeting of the Municipal People’s Government on June 1, 2020, and are hereby promulgated. They shall be effective as of October 1, 2020.

Mayor: Gong Zheng

July 2, 2020

 

Procedures of Shanghai Municipality on the Administration of Liquefied Petroleum Gas

(Promulgated by Decree No. 34 of Shanghai Municipal People’s Government on July 2, 2020)

 

Article 1 (Purposes and Basis)

With a view to strengthening the administration of liquefied petroleum gas in this Municipality, safeguarding the legitimate rights and interests of liquefied petroleum gas users and operation enterprises, and protecting citizens’ life and property and public safety, these Procedures are formulated based on the Regulations on the Administration of Fuel Gas in Urban Areas, the Regulations of Shanghai Municipality on the Administration of Fuel Gas, and the provisions of other relevant laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2 (Definition)

The liquefied petroleum gas (hereinafter referred to as the LPG) mentioned in these Procedures refers to the gas used as fuel with propane and butane as its main ingredients that meets certain requirements.

Article 3 (Application Scope)

These Procedures apply to the planning and construction, operation and service, supply and use, and the relevant supervision and administration of LPG in the administrative areas of this Municipality.

These Procedures do not apply to the production and import of LPG, nor the use of LPG as a raw material for industrial production and nor the use of LPG as a fuel for cutting and welding operations.

Article 4 (Administration Principle)

The administration of LPG shall put safety first, make rational distribution, safeguard supply, ensure energy efficiency and be convenient for users.

Article 5 (Administrative Department)

The municipal construction administrative department is in charge of the LPG administration in this Municipality, and be responsible for organizing the implementation of these Procedures.

The district construction administrative departments are responsible for the routine administration and supervision of LPG in their respective administrative areas under the leadership of the municipal construction administrative department in respect of specific business operations.

The town/township people’s governments and the sub-district offices shall, guided by the district construction administrative departments, cooperate to detect safety risks, verify digital labels, and report and handle problems concerning LPG.

The departments of development & reform, planning and resources, market regulation, public security, transportation, commerce and emergency management shall collaborate to implement these Procedures according to their respective responsibilities.

Article 6 (Safety Publicity)

The municipal and district construction administrative departments shall promote safe and economical LPG use, improve social public awareness of such safety and economy, and enhance the capabilities to prevent and respond to LPG accidents.

The LPG operation enterprises shall promote the basic knowledge about the safe and economical use of LPG.

Article 7 (Research and Development)

This Municipality shall encourage LPG enterprises, higher-education institutions, scientific research institutions and other organizations to carry out relevant scientific research and technological development, promote new LPG technologies, materials, processes, and equipment, and improve the supply safety and service of LPG.

Article 8 (Planning Preparation)

The municipal construction administrative department shall, in conjunction with the municipal planning and resources department and other relevant departments, prepare the municipal special plan on LPG in accordance with legal procedures. Such special plan shall include the LPG sources, channels and scale of supply, facility distribution, and the timeline of facility construction and safety guarantee.

The district construction administrative department shall, in conjunction with the district planning and resources department and other relevant departments, formulate the district special plan on LPG in accordance with the municipal special plan, and submit it for approval according to the prescribed procedures, and then be included into the regulatory plan.

The municipal construction administrative department shall guide the preparation of the district LPG special plans in light of the actual circumstances of each district.

Article 9 (Facility’s Land Use and Construction)

The land settled for the LPG facility use shall not be changed for other use without legal procedures.

The construction of LPG facility shall conform to the relevant provisions and standards of the State and this Municipality.

Article 10 (Design and Construction)

The LPG engineering design and construction units shall have corresponding qualification certificates according to law; the construction units engaged in the installation of pressure vessels and pressure pipelines shall have corresponding special equipment installation permits according to law.

Article 11 (Licensing)

The LPG operation enterprises shall obtain LPG business license according to law. The LPG operation enterprises that establish LPG supply stations shall also obtain LPG supply station license according to law.

No unit or individual may alter the LPG facilities without authorization. If an LPG operation enterprise needs to make such alteration, it shall obtain a permit for such purpose according to law.

The LPG business license and the LPG supply station license shall not be resold, mortgaged, rent, lent, transferred or altered.

Article 12 (Enterprise’s Safety Management)

The LPG operation enterprise shall establish and perfect an LPG safety assessment and risk control system, and promptly take measures to eliminate the hidden dangers upon the discovery of the hidden risks of LPG safety accidents.

The LPG operation enterprise shall, in accordance with relevant provisions and standards of the State and this Municipality, do a good job in the maintenance, testing, and repair of production and business facilities and equipment to ensure their normal, sound and safe operations.

The LPG operation enterprises shall strengthen the safety protection and risk prevention of LPG facilities, equipment and other key parts, and set up anti-collision, video monitoring and other technical defense facilities in accordance with relevant provisions.

Article 13 (Unified Delivery)

This Municipality shall adopt a unified delivery of bottled LPG, in which the users place orders with the bottled LPG enterprises and the latter deliver the bottled LPG to users within a prescribed time limit, and carry out the connection and safety inspection.

The bottled LPG enterprise shall include the contents of the business service and safety control of the unified delivery into the enterprise’s business management system and safety control system.

The municipal construction administrative department shall establish an information supervision system to strengthen the real-time supervision on the entire delivery process of bottled LPG.

This Municipality shall urge and perfect a service model of intensive delivery of bottled LPG in the orientation of raising safety and efficiency and convenience to users.

Article 14 (Delivery Service Units)

The bottled LPG enterprises shall establish a professional delivery team or entrust other professional delivery enterprises (hereinafter referred to as the delivery service units) to deliver the bottled LPG to users.

The delivery service units shall have the corresponding qualifications for road transportation of dangerous goods, and shall be equipped with delivery vehicles and service staff that meet the requirements for road transportation of dangerous goods, and match the service area scope and the number of users.

The delivery vehicles of the delivery service units shall be labeled with a unified logo for bottled LPG enterprise, and the satellite positioning device installed according to the provisions must be ensured to be in the normal function and in the real-time communication with the information supervision system of the municipal construction administrative department.

Article 15 (Delivery Service Information System)

The bottled LPG enterprise shall establish a delivery service information system to process the users’ orders and enter the information relevant to the delivery service into the system in real time.

The bottled LPG enterprise shall provide users with services such as delivery information inquiry, safety hazard reminders, service evaluation and complaints through the delivery service information system.

Article 16 (Delivery Operation Plan)

The bottled LPG enterprise shall formulate a delivery operation plan and report it to the construction administrative department of the district where the user is located.

The delivery operation plan shall include the following contents:

1. the lay-out of delivery stations and information of delivery vehicles;

2. the organizational structure of supply and service, regional contact person and contact ways;

3. the service commitments; and

4. the systems on the management of delivery stations and users, and the rules on the emergency and complaint handling.

Article 17 (Delivery Service Standards)

The delivery service units and their service staff shall observe the following standards:

1. Delivering the bottled LPG to the place where the users open the account according to the time limit prescribed by the LPG service standards;

2. Checking the safety of the gas bottles, pressure regulators, connecting pipes and other accessories. For the users who meet the conditions for safe gas use, the LPG bottle shall be installed on site; for those who do not need the installation, the method of installation shall be demonstrated and the operating procedures and precautions shall be notified; and

3. The service staff shall wear the job-post qualification badge (card), and carry the delivery service information sheet for the user’s signature.

Article 18 (Transportation Standards)

During the delivery service, the delivery service unit shall meet the following requirements in the transportation of bottled LPG:

　　1. before departure, checking and recording the technical status of the delivery vehicle and its emergency equipment, safety protection facility, satellite positioning device and other equipment, and notify the drivers and escorts of the transportation safety;

2. loading the LPG bottles in accordance with the approved load of the delivery vehicle, and overloading is not allowed;

3. properly preparing and formally filling in the waybill for dangerous goods, which shall be carried on board and properly kept by the driver;

4. using satellite positioning devices to monitor the entire delivery process, and promptly correcting and handling the illegal driving behavior such as speeding and fatigue driving;

5. taking necessary measures to prevent such accidents as the burning, explosion, pollution, leakage or theft, falling off, or loss of LPG bottles, and taking emergency measures in accordance with the provisions upon the occurrence of an accident; and

6. meeting other provisions of the State and this Municipality on the safety administration of road transportation of dangerous chemicals or goods.

The bottled LPG enterprise shall, in accordance with the provisions, verify the transportation license and the testing and evaluation information of the delivery vehicle, the qualification certificates of drivers and escorts, and the dangerous goods waybills.

The delivery service unit shall provide transportation safety education and training to its relevant staff in accordance with relevant provisions, and ensure that they have necessary transportation safety knowledge, know well the relevant transportation safety rules, regulations and operating procedures, and master the safety operation skills and the emergency response measures.

Article 19 (Digital Labels)

The license status of the bottled LPG enterprises and the information about the filling, testing, transportation, storage, sales, delivery, installation and safety inspection of LPG bottles shall be identified and traced through digital labels.

The bottled LPG enterprises and users shall not alter or damage the proprietary markings and digital labels of the LPG bottles.

Article 20 (Prohibited Acts of Delivery)

The following acts shall be prohibited during the delivery service:

　　1. The bottled LPG enterprises deliver the bottled LPG that are not produced by themselves;

2. The bottled LPG enterprises entrust the enterprises with no road transportation qualifications for dangerous goods to deliver the bottled LPG; and

3. The professional transportation enterprise entrusted by the LPG enterprise entrusts another enterprise to deliver.

Article 21 (Staff Training and Assessment)

The person in charge, the safe production management staff, and the operation maintenance and emergency repair staff of the LPG enterprise, and the person in charge and other professional service staff of the LPG supply station shall accept training and obtain qualifications upon assessment in accordance with the provisions of the State and this Municipality.

Article 22 (General Service)

The LPG operation enterprise shall provide general gas supply service according to law, and formulate gas service and safety regulations based on the gas consumption of resident and non-resident users, and incorporate such regulations into the gas supply contracts with the users.

The bottled LPG enterprise shall provide the pressure regulators, connecting pipes, and other accessories that meet the requirements for users to select and purchase, and remind the users to replace them in time in accordance with relevant standards; if the users purchase pressure regulators, connecting pipes and other accessories on their own, the bottled LPG enterprise shall inform them of the safety precautions.

Article 23 (Account Opening and Closing)

The resident users shall provide the bottled LPG enterprise with their own identity documents when purchasing bottled LPG; as for the first purchase, they shall also provide the information like the address of using, the contact ways, etc.

The non-resident users shall, when purchasing bottled LPG, provide the bottled LPG enterprise with a copy of the legal person’s registration certificate indicating the Unified Social Credit Identifier and the identity documents of the person who processes the purchase.

The bottled LPG enterprise shall not open an account for the user who does not provide relevant materials and information according to the provisions stipulated in Paragraph 1 and Paragraph 2 of the present Article.

The users that stop using bottled LPG shall close their accounts with the bottled LPG enterprise. The bottled LPG enterprise shall confirm the closing and recover the gas bottles in time.

Article 24 (Safety Inspection)

The bottled LPG enterprise shall conduct a free annual safety inspection on the users’ gas facilities.

If a bottled LPG enterprise implements a safety inspection, it shall inform users in advance of the time of such inspection by means of notice or appointment.

The bottled LPG enterprise shall, in accordance with relevant provisions and standards of the State and this Municipality, conduct safety inspections on the following items:

1. whether the gas bottles are qualified and whether there are any leaks in the bottles and the pressure regulators;

2. whether the place of use and storage have safety conditions;

3. the conditions of the installation and use of gas appliances and connecting pipes; and

4. other safety inspection items determined by relevant provisions and standards of the State and this Municipality.

Article 25 (Suspension and Closing of Business)

If an LPG enterprise needs to suspend or close business or shut down LPG supply stations, in addition to the relevant procedures stipulated by the provisions of the State and this Municipality, it shall announce the affected area and time period caused by such suspension, closure or shutdown to the society, and ensure the maintenance and safety handling of the LPG facility and equipment.

Article 26 (Prohibited Acts of Users)

The users shall abide by the gas use provisions, and shall not do the following:

1. putting the gas bottles upside down or horizontally when using them;

2. heating the bottle or check the leaking with flaming fire;

3. using disqualified or incompatible pressure regulators; and

4. other prohibited acts prescribed by laws or rules.

Article 27 (Pricing System)

The price determination and adjustment of bottled LPG for resident users in this Municipality shall be exercised according to relevant pricing provisions of the State and this Municipality.

Article 28 (Supervision and Inspection)

The municipal and district construction administrative departments shall conduct routine inspections and record the implementation of the laws, rules, regulations and standards by the LPG enterprises.

The relevant units and individuals shall cooperate in the supervision and inspection made in accordance with the law.

Article 29 (Information Sharing)

The municipal construction administrative department shall share the whole-process administration information of gas bottle testing, filling, transportation, storage, sales and delivery with the departments of market regulation, public security and transportation.

Article 30 (Departmental Collaboration)

This Municipality shall establish a collaborative mechanism for rectifying illegal LPG business which consists of the departments of construction, market regulation, public security, transportation, commerce, and emergency management  with the focus laid on the investigation into and punishment for illegal LPG filling, transportation, storage and sales.

The municipal and district construction administrative departments shall periodically report and study the rectification of illegal LPG business in collaboration with the departments of market regulation, public security, transportation, commerce, and emergency management.

Article 31 (Integrity Administration)

The construction administrative department or other relevant departments shall, in accordance with relevant provisions of credit administration in this Municipality, gather relevant information into this Municipality’s public credit information platform, and take disciplinary measures against the LPG enterprises or users that are discreditable for violating the provisions on the LPG administration in accordance with law.

Article 32 (Yangtze River Delta Regional Collaboration)

The municipal and district construction administrative and other departments shall establish a communication and collaboration mechanism with the departments of relevant provinces or cities in the Yangtze River Delta region, strengthen the investigation into and punishment for various illegal LPG business operation, and build an information-sharing, joint operation and collaborative regulatory system in the Yangtze River Delta region.

Article 33 (Guiding Provisions)

If the relevant laws and rules have already provided provisions on the punishment for violations of these Procedures, such provisions shall prevail.

Article 34 (Punishments for Violation of Gas Supply Station License Administration Requirements)

For anyone who, in violation of the provision in Paragraph 3, Article 11 of these Procedures, sells, mortgages, leases, lends, transfers or alters the gas supply station license, the municipal or district construction administrative departments shall order a correction within a time limit and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan thereon; for a more serious violation, the fine shall be not less than 30,000 yuan but not more than 100,000 yuan.

Article 35 (Punishments for Violation of Delivery Requirements)

The municipal or district construction administrative departments shall order a correction within a time limit, and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan if any of the following acts is committed that violates the provisions of these Procedures; for a more serious violation, the fine shall be not less than 30,000 yuan but not more than 100,000 yuan:

1. In violation of the provision in Paragraph 3, Article 14 of these Procedures, the delivery vehicle is not labeled with a unified logo for a bottled LPG enterprise, or the satellite positioning device is not connected with the information supervision system of the municipal construction administrative department in real time,

2. In violation of the provision in Article 15 of these Procedures, the bottled LPG enterprise does not process the information of users’ order or record the relevant delivery service information in real time according to the requirements, or does not provide relevant services to users through the information system; or

3. In violation of the provision in Paragraph 1 and Paragraph 3, Article 20 of these Procedures, the violator commits relevant prohibited acts.

Article 36 (Punishments for Violation of Accessory Providing Requirements)

The municipal or district construction administrative departments shall order a correction within a time limit and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan on the bottled LPG enterprise which violates the provision in Paragraph 2, Article 22 of these Procedures that does not provide the accessories such as qualified regulators and connecting pipes for users’ choice.

Article 37 (Effective Date)

These Procedures shall be effective as of October 1, 2020. Promulgated by Decree No. 17 of Shanghai Municipal People’s Government on May 28, 1992, amended in accordance with the Decision of Shanghai Municipal People’s Government on the Amendment to Partial Paragraphs and Articles of 68 Sets of Regulations Including the Procedures of Shanghai Municipality on Deep Well Administration, promulgated by Decree No. 53 of Shanghai Municipal People’s Government on December 14, 1997; amended in accordance with the Decision of Shanghai Municipal People’s Government on the Amendment to 148 Sets of Regulations of the Municipal People’s Government Including the Interim Provisions of Shanghai Municipality on Handling of Agricultural Machinery Accidents, promulgated by Decree No. 52 of Shanghai Municipal People’s Government on December 20, 2010; amended in accordance with the Decision of Shanghai Municipal People’s Government on the Amendment to 15 Sets of Regulations of the Municipal People’s Government Including the Procedures of Shanghai Municipality on Inland River Port Administration, promulgated by Decree No. 81 of Shanghai Municipal People’s Government on February 7, 2012; amended and re-promulgated in accordance with the Decision of Shanghai Municipal People’s Government on the Amendment to 8 Sets of Regulations of the Municipal People’s Government Including the Procedures of Shanghai Municipality on the Administration of Port Shorelines, promulgated by Decree No. 16 of Shanghai Municipal People’s Government on May 7, 2014, the Procedures of Shanghai Municipality on the Administration of Liquefied Petroleum Gas shall be repealed simultaneously.