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LAW OF THE REPUBLIC OF MOLDOVA

of June 9, 2022 No. 151

About safe functioning potentially hazardous production facilities and technical installations

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject, purpose and scope

(1) This law establishes the legal basis for ensuring functioning in safety conditions and reliability potentially of hazardous production facilities and servicing of potentially dangerous technical installations, including within social and utility and residential objects, obligation of operators according to the prevention, localization and mitigation of consequences of accidents or major accidents, and also on restriction of their effects for life, health or property of the person and for the environment.

(2) the Purpose of this law is achievement of high level of protection of public concerns, such as safety and health of the person in general, safety and health protection on workplace, environmental protection and industrial safety.

(3) Provisions of this law extend to operators, irrespective of the type of property and form of business performing activities in the field of industrial safety.

(4) This law is not applied in relation to:

a) to the networks and installations used in activities for production, transfer and electricity distribution;

b) to installations of natural gas or the liquefied hydrocarbonic gas (LHG) of final consumers with pressure to MPa 0,005 within social and utility and residential objects and to gas-consuming installations with single capacity to 100 kW inclusive and total capacity to 600 kW inclusive located in one place of consumption;

c) to laboratory torches, plates or other similar gas-consuming equipment, heating plants (autonomous sources of heat supply, heatgenerating rooms) with single capacity to 100 kW inclusive and total capacity to 600 kW inclusive, located in one place of consumption;

d) to the installations regulated by the Law on safe implementation of nuclear and radiological activities No. 132/2012;

e) to transportation of dangerous goods air, sea, automobile, by rail or on inland waterways, regulated by the special legislation;

f) to branchings of the existing pipelines for distribution of natural gas with pressure to 0,3 to the MPa and individual gas control Items intended for providing private houses with natural gas.

(5) If the international treaty, one of the parties of which is the Republic of Moldova, contains the provisions other than the national regulatory base in the field of industrial safety, provisions of the international treaty are applied.

Article 2. Basic concepts

For the purpose of this law the following concepts are used:

internal production supervision of observance of requirements of industrial safety - complex of the actions designed to provide safe operation potentially of hazardous production facilities, and also to provide the prevention of accidents on these objects and preparation for localization and liquidation of their effects;

technical documentation - set of documents and instructions, developed:

- the producer for production, installation, installation, adjustment and commissioning, carrying out audits, repairs and/or maintenance of the installations/equipment and/or technology systems;

- specialized operators or legal entities for the purpose of accomplishment of the specific tasks assigned to them on installation, installation, adjustment and commissioning, implementation of audits, repair and/or maintenance of the installations/equipment and/or technology systems.

Depending on circumstances technical documentation includes the general description of the installation/equipment, technology system, production process, project works, explanatory technical note, schemes and the systems of components of the installations/equipment, the description and the explanation necessary for understanding of these projects and schemes, results of project calculations, technical data sheet of installation, the passport and the maintenance instruction of manufacturing plant, test reports and surveys, and also other similar aspects;

operation - set of legal and organizational measures according to requirements of regulations in the field of industrial safety and the project documentation of production facility and technical installation in the limits of production facility or social and utility and residential object providing their safe content;

incident - the failure or damage of technical installation, variation from the mode of engineering procedures which did not cause destruction of the building and/or technical installation;

inspection - check of process, technical installation or technology system by means of which their compliance to the requirements established by regulations in the field of industrial safety and technical documentation is estimated;

potentially dangerous technical installations - machines, processing equipment, systems of machines and/or the equipment, aggregates, devices, mechanisms used in case of operation potentially of hazardous production facilities and also the installations used within social and utility and residential objects which owing to the energy and processes pose threat or potential hazard for life and health of the person and for the environment;

servicing of potentially dangerous technical installations - the technical services, legal and organizational measures according to requirements of regulations in the field of industrial safety and technical documentation of the producer ensuring operational safety of potentially dangerous technical installations;

liquidation/destruction potentially hazardous production facility - complex of the actions aimed at providing release of production facility from dangerous substances, disconnection from engineering systems and dismantle of technical installations, recirculation of the equipment and waste, demolition of buildings and constructions if they cannot be used afterwards;

regulations and safety rules for area of industrial safety - the regulating documents establishing requirements which observance provides safe operation of production facilities and safe servicing of technical installations and technology systems;

potentially hazardous production facilities - floor spaces, sectors, platforms, structures, rooms, warehouses (storages) which are at the level or there is lower than the level of earth, or other objects where are made, used, processed or are stored dangerous substances in one or several technical installations and/or technical installations or technology systems which can cause risk of accident or major accident are used;

social and utility and residential objects (social and utility objects) - buildings of educational, medical appointment, for rendering services to the population, the building for cultural and entertaining actions, cult constructions, buildings of temporary stay, office buildings (buildings of bodies of the central public management, office buildings of firms, organizations, companies, buildings of financial credit institutions, the building of the courts and prosecutor's offices, notarial and legal organizations, tax authorities, police, customs, organizations of social protection) and residential buildings;

the operator - the legal entity who is the owner of production facility or technical installation or the specialized operational enterprise to which according to the agreement functions on monitoring of technical condition of production facility or the corresponding technical installation, including within social and utility object or to which according to the existing regulatory base powers of adoption of the economic decision or decision making on technical and safe functioning of production facility, social and utility object or technical installation are delegated are delegated;

body of inspectorate - the body performing technical diagnostics, including nondestructive control, technical checks of the technical installations and/or technology systems used within production or social and utility facilities;

commissioning - the first use of technical installation or technology system by the end user in the intended purposes;

the protocol of inspection - the document confirming compliance of technical installation and technology system to requirements of regulations and safety rules;

adjustment - complex of the works and transactions performed on technical installation or in technology system for the purpose of maintenance of the ordered initial technical parameters or after rearmament of technical installation and/or technology system according to other parameters providing its safe functioning;

modernization - change of engineering procedure, implementation of new technologies, automation of production facility or its parts, upgrade or replacement of the used technical installations;

industrial safety - ensuring proper and effective functioning potentially hazardous production facilities and technical installations for the purpose of protection of the vital interests of the person and society, including protection of property of the third parties and the environment against possible accidents and their effects on potentially hazardous production facilities or technical installations;

potentially dangerous technology system - complex of technical installations / the processing equipment, means of production and contractors who are functionally interconnected for accomplishment of the set engineering procedures or transactions under production conditions;

the state technical supervision - the state control of activities of operators organized and performed for the purpose of check of observance of requirements of the regulatory base in the field of industrial safety and activities for monitoring and information management about potentially hazardous production facilities and technical installations.

Article 3. The regulatory base in the field of industrial safety

(1) Accomplishment of provisions of this law is provided by means of:

a) the regulations developed by the Ministry of Economics and approved by the Government;

b) regulations and safety rules for area of industrial safety (further - regulations and safety rules) approved by regulations of the Ministry of Economics;

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