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In order to enhance the safety management of the leasing sites of idle
factory buildings in this Municipality and ensure the security
of the people' s
life and assets, we hereby put forward the following suggestions on carrying out
the work of special rectification
for the safety management of the leasing sites
of idle factory buildings in this Municipality:
I. General
Objective
Taking the important thought of "Three Represents" as guidance,
viewing "Fire Protection Law of the People' s Republic of China"
and "Safe
Production Law of the People' s Republic of China" as basis, carrying out in depth
a series of important instructions
on strengthening the work of safe production
given by the central government of the Party and the State Council, and meeting
the
requirement of "Comprehensively rectifying and paying attention to long-range
effect with prominent key points and clearly defined
responsibilities and the
combination of dredging and banning" , the leasing sites of idle factory
buildings in the Municipality
shall be fully rectified, through which the
operational order for the leasing sites of idle factory buildings shall be
further
normalized, a safety management system shall be established and
promoted, and preventive measures shall be perfected.
II. Major Points for
Rectification
The types of the leasing sites of idle factory buildings are
mainly as follows: first, those where exists "three-in-one" , that is,
production
and operation, warehouse and dormitory within one fire preventive sub-zone;
second, those which without approval have
been transformed into the sites for
producing, utilizing, storing and operating the hazardous chemicals that tend to
be combustible
and explosive; third, those which without approval have been
transformed into dormitories; forth, those presumptuously sublet in
violation of
leasing contracts and some relative provisions; fifth, those which do not
register according to provisions, and which
undertake production and operation
without certificates and license.
III. Organizations and Leadership
The
municipal government shall establish a working team for the special
rectification of the leasing sites of idle factory buildings
in this
Municipality, with Vice Mayor Hu Yanzhao as the team leader, Vice Secretary
General of the Municipal Government Chai Junyong
as the vice team leader, and
the team members consisting of the leaders in charge of the departments
concerned, including Shanghai
Municipal Bureau of Public Security, Shanghai
Municipal Safe Production Supervision Administration, Shanghai Municipal
Economic
Commission, Shanghai Municipal State-own Assets Supervision and
Administration Commission, Shanghai Municipal Commission of Construction
and
Communications, Legislative Affairs Office of the Shanghai Municipal People' s
Government, Shanghai Urban Planning Administration,
Shanghai Municipal Housing,
Land and Resources Administration, Shanghai Municipal Administration of Industry
and Commerce, Shanghai
Municipal Bureau of Quality and Technical Supervision,
Shanghai Municipal Fire Protection Bureau, Shanghai Municipal Finance Bureau,
Shanghai Municipal Bureau of Civil Affairs, Shanghai Municipal Labor and Social
Security Bureau, Shanghai Municipal Food and Drug
Supervision Administration and
Shanghai Municipal Public Works Administration. Under the working team an office
is set up (in Shanghai
Municipal Safe Production Supervision Administration).
All districts and counties, all departments and trades shall accordingly
set up
the organs for the work of special rectification.
IV. Division of Job
Responsibilities
The State-owned Assets Supervision and Administration
Department shall be responsible for standardizing the examination and approval
limits of authority on the leasing sites of idle factory buildings and
supervising and controlling leasing behavior, urging and
guiding the
establishment and perfection of the corresponding administrative system, and
finding out who are to blame, in the state-own
enterprises, for violating laws
and principles.
The planning department shall be responsible for
investigating and dealing with the act of presumptuously rebuilding, expanding
or altering the utilization purpose of the leasing sites of idle factory
buildings, and corrections are ordered to be made according
to the related laws
and regulations, and administrative punishment shall be enforced according to
law.
The housing, land and resources department shall be responsible for
supervising and urging both parties to handle the formalities
for registration
and keeping records of leasing contracts according to stipulations, checking up
the leasing conditions and area
standards on those factory buildings temporarily
rebuilt into dormitories, and corrections are ordered to be made for the
behavior
in violation of the related laws and regulations and provisions, and
administrative punishment shall be enforced according to law.
The
construction and communications department shall, according to law, be
responsible for investigating and dealing with the act
of being not brought into
the management process of the building industry, but presumptuously rebuilding
and expanding factory
buildings and warehouses into dormitories; The
construction safety of the reconstruction and expansion work sites and the
dangerous
resources of the engineering quality shall be controlled and
administratively supervised according to law, and the related actions
in
violation of law shall be punished.
The public security fire protection
department shall be responsible for the examination and verification, check and
acceptance,
supervision and inspection for the leasing sites of idle factory
buildings, and corrections are ordered to be made for the behavior
in violation
of the related laws and regulations, and administrative punishment shall be
enforced according to law.
The public security and law enforcement department
shall be responsible for the examination and verification and registration of
the relative qualification of the tenant party, and the registration of the
temporary residents living in the houses reformed by
factory buildings, and
corrections are ordered to be made for the behavior in violation of the related
laws and regulations such
as law enforcement and migrant population
administration, etc., and administrative punishment shall be enforced according
to law.
The safe production supervision department shall be responsible for
the supervision and check-up on the safe production condition
of the leasing
sites of idle factory buildings, the management of hazardous chemicals, the
leasing and leased parties signatory
to the agreement and its implementation
situation, the safe production qualification and condition of the tenant, and
the implementation
situation of the safe education for the staff, and
corrections are ordered to be made for the behavior in violation of the related
laws and regulations, and administrative punishment shall be enforced according
to law.
The quality and technical supervision department shall be responsible
for the utilization of the special facilities including boilers,
pressure
vessels, pressure pipes, elevators, crane machinery and in-factory vehicles,
etc., and the supervision and check-up on
the filling-up and loading condition
of gas bottles, and corrections are ordered to be made for the behavior in
violation of the
safety supervision of special facilities, and administrative
punishment shall be enforced according to law.
The industry and commerce
department shall be responsible for verifying the condition of registration and
operational scope of production
and operation units and their branches, the
operational units with no license shall be demolished, and corrections are
ordered
to be made for the behavior in violation of the related laws and
regulations, and administrative punishment shall be enforced according
to
law.
The labor and social security department shall be responsible for
supervising and checking up the employing behavior of the units
in the leasing
sites of idle factory buildings, and corrections are ordered to be made for the
behavior in violation of "Labor
Law" , and administrative punishment shall be
enforced according to law.
The food and drug supervision department shall be
responsible for the supervision and check-up on the leasing sites of idle
factory
buildings where the production and operation activities of foodstuffs
and medicines are undertaken, and corrections are ordered
to be made for the
behavior in violation of the related laws and regulations, and administrative
punishment shall be enforced according
to law.
The civil gas administration
department shall be responsible for the examination and approval on the
transformation of the leasing
sites of idle factory buildings to stations
supplying liquefied petroleum gas, and making daily supervision over the
stations that
obtained license for supplying gas, and corrections are ordered to
be made for the behavior in violation of the related laws and
regulations, and
administrative punishment shall be enforced according to law.
The civil
administration department shall be responsible for providing public information
to the society about the idle factory
buildings that through identification
might be used for the aged by means of reconstruction, giving professional
instructions and
providing preferential policies for this kind of facilities for
the aged. Those idle factory buildings converted to the facility
for the aged
without authorization so not approved by the civil administration department
shall not be registered, and administrative
punishment shall be enforced
according to law.
V. Steps for Rectification
The special rectification
work this time, consisting of four stages, started from the end of September and
will end at the end of
this year.
1. Stage for mobilization and deployment
(by the end of September). All districts and counties, all departments and all
trades shall,
according to the unified arrangement of the special rectification
working team, work out the scheme, clearly define the division
of job
responsibilities, put forward work requirements, broadly mobilize publicity, and
create better atmosphere.
2. Stage for finding out real situation, and
self-check and self-correction (by the end of October). All districts and
counties,
all departments and all trades shall try to find out real situation of
the leasing sites of idle factory buildings in self-area,
self-department and
self-trade, including amount, distribution, business scope, nature of
utilization and the condition of security
management, etc., define major units
and key contents of the rectification work in self-area, self-department and
self-trade, and
develop the rectification purposely. Meanwhile, both leasing and
leased parties shall be supervised and guided to have self-check
and
self-correction according to the related laws and regulations, and complete the
relative procedure according to the provision.
The work of trying to find out
real situation shall be headed by the state-own assets supervision and
administration department.
The tables of self-check and self-correction by the
units leasing the sites of idle factory buildings shall be filled up by the
leasing units, and be submitted to the office of local town and township and
sub-district office for keeping records before October
30. Statistical tables
and inventories of conditions for the leasing sites of idle factory buildings
shall be generally investigated
and gathered by local town/township and
sub-district office and submitted to the district/county office of the work for
the special
rectification before November 10. All departments and all trades and
their affiliated grass-root units shall actively try to find
out real situation
in coordination with local town and township and sub-district office, and submit
the real situation investigated
by the unit to the higher responsible
department.
3. Stage for centralized rectification (by mid December). All
relative departments shall, according to their supervision job responsibilities,
deal well with the major problems the leasing and leased parties are difficult
to solve at the stage of trying to find out real
situation and self-check and
self-correction. All districts and counties shall timely assemble the member
units to solve in coordination
the problems needed to be handled by many
departments.
The production and operation units, after rectification not up
to the provided requirements, without the basic conditions of safe
production
and unable to pass the examination and approval of the relevant departments,
shall be ordered to stop production according
to law, and stop doing business
for rectification. The units that stop production and stop doing business for
rectification may
be allowed to resume production and continue doing business
when they are up to the standard through rectification and get approved
by the
functional department. The units not up to the provided requirements after the
rectification of stopping production and
stopping doing business, shall be
firmly closed according to law, and their permit and business license shall be
revoked by the
institutions originally issuing their permit and business
license.
4. Stage for supervision, inspection and summarization (by the end
of December). The office of the working team for the special rectification
shall
set up joint inspection group to make a spot-check upon the situation of the
work for special rectification of the leasing
sites of idle factory buildings in
all districts and counties, and of all departments and all trades, and the
unqualified units
after the spot-check shall be seriously punished. The units
having slow progress and less effect in the special rectification shall
be
supervised and urged by following the track of their rectification. The
responsibility of the units and the relative personnel
that cause responsible
accidents shall be investigated and ascertained according to law. All districts
and counties, all departments
and all trades shall, before December 15, submit
and send the situation of the work for special rectification to the office of
the working team for the special rectification of the Municipality.
VI.
Requirements of Rectification
1. Enhancing leadership
All districts and
counties, all departments and trades shall fully realize the importance,
necessity and urgency of the work on
special rectification for the leasing sites
of idle factory buildings, strictly carry out the system of job responsibilities
of
the leadership in safety production, and according to the relevant laws and
regulations, perform their own duties, and practically
strengthen organizations
and leadership for the work of rectification.
2. Clearly defining
responsibilities
The work of rectification adopts the method of "combining
vertical lines of leadership with horizontal lines of leadership,
taking
'horizontal lines of leadership' as the principal" . All districts and
counties, all departments and all trades shall organize man
powers to try to
find out real situation of the leasing sites of idle factory buildings in the
local area; Departments of relative
functions shall clearly define
responsibilities, perform their own duties, and well carry out the work of
rectification. Meanwhile,
the work of rectification shall be in combination with
establishing safe production management system, perfecting safe production
facilities, promoting managing business according to law and supervision and
administration according to law, and push forward
the establishment of
long-effective supervision and administration mechanism.
3. Strengthening
coordination
All districts and counties shall strengthen supervision and
guidance on the special rectification of the safety administration for
the
leasing sites of idle factory buildings in the local area, and solve in
coordination the problems found in the process of rectification.
All functional
departments shall strengthen coordination and cooperation to form combined
forces. Joint rectification shall be
organized to rectify the leasing sites of
idle factory buildings with great difficulties, much hidden safety danger and
broad coverage.
4. Combination of dredging and banning
In the light of the
area distribution of the leasing sites of idle factory buildings, layout of the
city planning, and population
of the temporary residents, etc., utilization of
the leasing sites of idle factory buildings and the demand of improving the
living
conditions for the persons from the outside cities/provinces shall be
comprehensively considered, and 2~3 areas shall be comprehensively
arranged to
be rebuilt as exemplary roles. The rebuilding shall combine both dredging and
banning, that is, not only considering
long-range planning, but also meeting the
requirement of rectification.
5. Doing well in publicity
Publicity shall
be enhanced for the special rectification this time, supervision of public
opinions shall be intensified, and correct
guidance shall be made through both
positive and negative models of utilizing the leasing sites of idle factory
buildings, and
the role of social supervision shall be played to making public
the typical negative cases to a greater extent.
Appendix: 1. Tables of self-check and self-correction by the units leasing
the sites of idle factory buildings for keeping records
2. Statistical tables
of leased conditions for the leasing sites of idle factory buildings
3.
Inventories of leased conditions for the leasing sites of idle factory
buildings
4. Statistical tables of rectification conditions for the leasing
sites of idle factory buildings
Office of the Working Team for the Special
Rectification of
the Leasing Sites Safety of Idle Factory Buildings in Shanghai
Municipality
September 20, 2005
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