Regulations on Safety Supervision of Special Equipment
2007-08-16

Regulations on Safety Supervision of Special Equipment

(Adopted at the 68th Executive Meeting of the State Council on February 19, 2003, promulgated by Decree No. 373 of the State Council of the People’s Republic of China on March 11, 2003, and effective as of June 1, 2003)

 

Chapter I General Provisions

 

Article 1 These Regulations are formulated to strengthen safety supervision of special equipment, prevent and reduce accidents, safeguard safety of people’s lives and property, and promote economic development.

Article 2 As used in these Regulations, the term “special equipment” refers to boilers, pressure vessels (including gas cylinders, the same below), pressure pipelines, elevators, lifting appliances, passenger ropeways, and large amusement devices, which relate to safety of human lives or have high risks.

The catalogue for the special equipment mentioned in the preceding paragraph shall be drawn up by the department in charge of safety supervision administration of special equipment of the State Council (hereinafter referred to as the department for safety supervision administration of special equipment of the State Council) and submitted to the State Council for approval before implementation.

Article 3 Production (including design, manufacture, installation, alteration, maintenance and repair, the same as below), service, inspection and testing, as well as supervision and examination of special equipment, shall be in conformity with these Regulations, except as otherwise provided in these Regulations.

These Regulations are not applicable to safety supervision of the special equipment used for military equipment, nuclear facilities, aerospace vehicles, locomotives, offshore installations and ships, as well as coal mines.

Supervision and administration of the installation and service of lifting appliances used on house construction sites and municipal engineering sites shall be performed by competent construction administrative departments in accordance with the relevant laws and regulations.

Article 4 The department for safety supervision administration of special equipment of the State Council is responsible for safety supervision of special equipment throughout the country, and local departments in charge of safety supervision administration of special equipment at or above the county level are responsible for safety supervision of special equipment within their respective administrative areas (hereinafter collectively referred to as the departments for safety supervision administration of special equipment).

Article 5 Any unit manufacturing or using special equipment shall establish a sound safety management system anda job responsibility system for safety of special equipment.

The principal responsible person of a unit manufacturing or using special equipment shall assume overall responsibility for the safety of special equipment.

Any unit manufacturing or using special equipment and special equipment inspection and testing institution shall accept special equipment safety supervision conducted by the department for safety supervision administration of special equipment according to law.

Article 6 Special equipment inspection and testing institutions shall, in accordance with the provisions of these Regulations, conduct inspection and testing, assume legal liability for its inspection and testing results and appraisal conclusions.

Article 7 Local people’s governments at or above the county level shall urge the departments for safety supervision administration of special equipment to perform their safety supervision duties and give them support, and timely co-ordinate and resolve major problems arising from the supervision.

Article 8 The State encourages the application of scientific management methods and advanced technologies to upgrade the safety performance of special equipment and management level, and to enhance the capacity of units manufacturing or using special equipment in preventing accidents. Units or individuals that make prominent achievements in this regard will be rewarded.

Article 9 Any unit or individual has a right to report any violation of these Regulations to a department for safety supervision administration of special equipment, an administrative supervisory department, or any other relevant departments.

A department for safety supervision administration of special equipment shall establish a reporting system for safety supervision of special equipment, publish a telephone number, mailbox or e-mail address for reporting, accept reports on violation in the production, service, inspection and testing of special equipment and handle them promptly.

The department for safety supervision administration of special equipment, administrative supervisory department, or any other relevant departments shall keep confidentiality for a reporter and reward him in accordance with the relevant provisions of the State.

 

Chapter II    Production of Special Equipment

 

Article 10 A unit producing special equipment shall carry out production in accordance with the provisions of these Regulations and the requirements of the safety technical codes formulated and published by the department for safety supervision administration of special equipment of the State Council (hereinafter referred to as the safety technical codes).

A unit producing special equipment shall assume responsibility for the safety performance of the special equipment produced by it.

Article 11 A unit designing pressure vessels may not design pressure vessels until it has been licensed by the department for safety supervision administration of special equipment of the State Council.

A unit designing pressure vessels shall meet the following conditions:

(1) being staffed with designers and design reviewers suitable for designing pressure vessels;

(2) having established a sound management and responsibility system suitable for designing pressure vessels.

Article 12 Design documents for boilers, gas cylinders in pressure vessels (hereinafter referred to as the gas cylinders), hyper baric oxygen chambers, passenger ropeways and large amusement devices may not be used for manufacture until they have been appraised by an inspection and testing institution approved by the department for safety supervision administration of special equipment of the State Council.

Article 13 Products and parts of special equipment or trial production of new products and parts of special equipment, which shall be subject to a type test as required by the safety technical codes, must be subject to a product or part type test.

Article 14 Units manufacturing, installing or altering boilers, pressure vessels, elevators, lifting appliances, passenger ropeways, large amusement devices, as well as their safety accessories and safety protection devices, and units manufacturing pipes, fittings, valves, flanges, compensators and safety protection devices used for pressure pipelines (hereinafter referred to as the pressure pipelines components), may not conduct the corresponding activities until they have been licensed by the department for safety supervision administration of special equipment of the State Council.

Units manufacturing, installing or altering the special equipment mentioned in the preceding paragraph shall meet the following conditions:

(1) being staffed with professional technical personnel and skilled workers suitable for manufacture, installation or alteration of the special equipment;

(2) having production conditions and testing means suitable for manufacture, installation or alteration of the special equipment;

(3) having a sound quality control system and a responsibility system.

Article 15 The special equipment shall, before being released from manufacturer, be attached with the design documents, certificate of compliance, manual on installation, service, maintenance and repair, as well as supervision inspection certificate as required by the safety technical codes.

Article 16 Units maintaining and repairing boilers, pressure vessels, elevators, lifting appliances, passenger ropeways or large amusement devices shall have professional technical personnel and skilled workers suitable for special equipment maintenance and repair, as well as necessary testing means, and may not conduct maintenance and repair activities until they have been licensed by departments for safety supervision administration of special equipment of provinces, autonomous regions or municipalities directly under the Central Government.

Article 17 Installation, alteration or maintenance and repair of boilers, pressure vessels, lifting appliances, passenger ropeways or large amusement devices shall be conducted by units that are licensed in accordance with these Regulations.

Installation, alteration or maintenance and repair of elevators shall be conducted by elevator manufacturers or by units that are licensed in accordance with these Regulations and commissioned through contract or permitted by elevator manufacturers. Elevator manufacturers shall be responsible for the quality and quality problems involved in safe operation of the elevators.

Construction units for installation, alteration or maintenance and repair of special equipment may begin the construction after they have informed in writing departments for safety supervision administration of special equipment of municipalities directly under the Central Government, or of cities divided into districts, of the installation, alteration or maintenance and repair to be conducted.

Article 18 The building of elevator hoistway must comply with the quality requirements for civil engineering projects. In the installation of elevators, installing units shall abide by the safety requirements for construction sites and carry out actions for safety protection in sites. In the installation of elevators, relevant departments shall exercise safety supervision of construction sites in accordance with relevant laws and administrative regulations.

In the installation of elevators, installing units shall be subject to the safety management of construction sites by general contractors of building projects, and sign contracts defining responsibility between them.

Article 19 The manufacture, installation, alteration, maintenance and repair of elevators shall be in strict compliance with the requirements of the safety technical codes. Where commissioning or permitting other units to conduct the installation, alteration, maintenance and repair, elevator manufacturers shall render safety guidance and control thereto. After the installation, alteration, maintenance and repair of elevators, elevator manufacturers shall verify and debug the elevators as required in the safety technical codes and be responsible for the results of the verification and debug.

Article 20 After the completion of installation, alteration, maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices, construction units for the installation, alteration, maintenance and repair shall transfer the technical materials to the units using the equipment within 30 days after the inspection acceptance, and using the equipment shall keep these materials in the safety technical file for the special equipment.

Article 21 The manufacture of boilers, pressure vessels, pressure pipe units, lifting appliances and large amusement devices and installation, alteration, major maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices shall be subject to the supervision inspection by the inspection and testing institutions approved by the department for safety supervision administration of special equipment of the State Council in accordance with the safety technical codes. Those that have not passed the supervision inspection shall not be released from the manufacturer or delivered for service.

Article 22 Units filling gas cylinders may not conduct the filling activities until they have been licensed by the departments for safety supervision administration of special equipment of provinces, autonomous regions or municipalities directly under the Central Government.

Units filling gas cylinders shall meet the following conditions:

(1) being staffed with managerial staff and technicians suitable for the filling and management of gas cylinders;

(2) having filling devices, testing means, premises, instruments, safety devices and proper gas storage capacity suitable for the filling and management of gas cylinders and being able to provide users with gas cylinders in conformity with the safety technical codes;

(3) having established a sound filling safety management system, a responsibility system and emergency measures.

Units filling gas cylinders shall guide users in safely using the cylinders and offer related services.

 

Chapter III  Service of Special Equipment

 

Article 23 Units using special equipment shall ensure the safe service of the special equipment in strict accordance with these Regulations and the laws and administrative regulations on work safety.

Article 24 Units using special equipment shall use the special equipment that meets the requirements of safety technical codes. Before using special equipment, such units shall check whether the equipment is attached with the relevant documents required by Article 15 of these Regulations.

Article 25 Prior to the putting-into-service of any special equipment or within 30 days after such putting-into-service, units using the special equipment shall register with the departments for safety supervision administration of special equipment of municipalities directly under the Central Government or of cities divided into districts. The registration mark shall be placed or attached to a prominent position of the special equipment.

Article 26 Units using special equipment shall build a safety technical file on the special equipment. The safety technical file shall include the following contents:

(1) the special equipment’s design documents, manufacturers, certificate of compliance, manual on service and maintenance, etc., as well as the technical documents and data of installation;

(2) the special equipment’s periodic inspection and periodic self-check records;

(3) the special equipment’s daily operation records;

(4) daily maintenance records of the special equipment and its safety accessories, safety protection devices, measuring and controlling devices and auxiliary instruments and gauges;

(5) the special equipment’s break-down and accident record.

Article 27 Units using special equipment shall conduct frequent daily maintenance of the special equipment in service and carry out periodic self-check.

Units using special equipment shall carry out self-check of the special equipment in service at least once a month and make records. If anything abnormal is found in self-check or daily maintenance of the special equipment in service, the units using special equipment shall deal with it in due time.

Units using special equipment shall carry out periodic calibration, maintenance and repairof the safety accessories, safety protection devices, measuring and controlling installations and auxiliary instruments and gauges of the special equipment in service, and shall make records.

Article 28 Any unit using special equipment shall, in accordance with the requirements for periodic inspection as provided for in the safety technical codes, make a request for periodic inspection to the special equipment inspection and testing institution one month before the period of validity of the safety inspection expires.

Upon receipt of the request for periodic inspection, the special equipment inspection and testing institution shall conduct timely inspection in accordance with the requirements of the safety technical codes.

Special equipment which has not been periodically inspected or has failed to pass the inspection shall cease to be used.

Article 29 In case of breakdown or abnormity of any special equipment, any unit using the special equipment shall make an all-round check and eliminate hidden dangers before putting such special equipment into service anew.

Article 30 Where special equipment has serious hidden dangers of accident, is not worthy of alteration or maintenance and repair, or has exceeded the service life laid down in the safety technical codes, any unit using the special equipment shall scrap such equipment in due time and cancel the registration with the department for safety supervision administration of special equipment it originally registered with.

Article 31 Units using special equipment shall formulate emergency measures and rescue schemes against the accidents of their special equipment.

Article 32 The daily maintenance of elevators must be conducted by installing, altering or maintenance and repair units that have been licensed in accordance with these Regulations or by the elevator manufacturers.

Elevators shall be cleaned, lubricated, adjusted and checked at least once every 15 days.

Article 33 Units conducting daily maintenance of elevators shall, in maintenance, strictly comply with the requirements laid down in the safety technical codes of the State, guarantee the safety performance of the elevators they maintain and assume the responsibility for ensuring the implementation of on-site safety protection measures so as to keep the safety in construction.

Units conducting daily maintenance of elevators shall be responsible for the safety performance of the elevators they maintain. Upon receipt of any notice of break-down, they shall rush to the site at once and adopt necessary emergency and rescue measures.

Article 34 Units running special equipment, such as elevators, passenger ropeways, or large amusement devices used for offering services to the public shall set up a special equipment safety management department or appoint full-time safety administrators. Units using other special equipment shall, depending on their own situations, set up special equipment safety management departments or appoint full-time or part-time safety administrators.

Safety administrators of special equipment shall make frequent checks on the service of special equipment and handle the problems immediately upon discovery. In case of any emergency, they may decide to stop using the special equipment and promptly report to the responsible persons of their units.

Article 35 Units running passenger ropeways or large amusement devices shall conduct trial operation of, and make routine check on, the passenger ropeways or large amusement devices before they are put into service on each day, and shall check and make sure the safety of the safety installations.

Units running elevators, passenger ropeways or large amusement devices shall place the safety instructions and warning marks for elevators, passenger ropeways or large amusement devices in a prominent position easily noticed by the passengers.

Article 36 Principal responsible persons of the units running passenger ropeways or large amusement devices shall be well acquainted with the related safety knowledge of passenger ropeways or large amusement devices and be fully responsible for the safe service of the passenger ropeways or large amusement devices.

Principal responsible persons of the units running passenger ropeways or large amusement devices shall convene at least once a month to urge and check the safe service of the passenger ropeways or large amusement devices.

Units running passenger ropeways or large amusement devices shall, by taking into consideration their own situations, equip themselves with appropriate amount of rescue equipment and first-aid stuffs.

Article 37 Passengers of elevators, passenger ropeways or large amusement devices shall comply with the instructions for safe service and follow the direction of the staff.

Article 38 After an elevator is put into service, the elevator manufacturer shall conduct follow-up inquiries into the safe operation of the elevator manufactured by it, and make proposals to the unit conducting daily maintenance of the elevator or the unit using the elevator on resolving the problems in safe operation and render necessary technical aids. Upon discovery of any serious hidden danger of the elevator, the elevator manufacturer shall make a prompt report to the department for safety supervision administration of special equipment. The elevator manufacturer shall make records of the information learned in its follow-up inquiries.

Article 39 Operators and the relevant managerial staff of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices (hereinafter referred to as the operators of special equipment) shall not engage in corresponding operation or management until they have passed the examination organized by the departments for safety supervision administration of special equipment as required by the State and acquired certificates for special operators with a nationally unified formula.

Article 40 Units using special equipment shall educate and train their operators of special equipment so as to ensure that they acquire the necessary knowledge about the safe operation of special equipment.

Operators of special equipment shall, in their operation, strictly comply with the operational rules of special equipment and related safety regulations.

Article 41 Upon discovery of any hidden danger or other unsafe factors in their operation, operators of special equipment shall make a prompt report to the safety administrators on the spot and the relevant responsible persons of the units.

 

Chapter IV  Inspection and Testing

 

Article 42 Any special equipment inspection and testing institutionengaged in the supervision inspection, periodic inspection and type test as required in these Regulations shall be subject to the approval of the department for safety supervision administration of special equipment of the State Council.

Upon approval of the department for safety supervision administration of special equipment of the State Council, any special equipment inspection and testing institutionset up by a unit using special equipment shall be responsible for certain periodic inspection and type test of certain special equipment in the unit.

Article 43 Any special equipment inspection and testing institution shall meet the following conditions:

(1) being staffed with inspectors and testers competent for inspection and testing work they are engaged in;

(2) being equipped with instruments and equipment suitable for inspection and testing work;

(3) having a sound inspection and testing management system and a sound inspection and testing responsibility system.

Article 44 Supervision inspection, periodic inspection and type test of special equipment shall be conducted by a special equipment inspection and testing institution as approved in accordance with these Regulations.

The inspection and testing work shall be in conformity with the safety technical codes.

Article 45 Inspectors and testers engaged in supervision inspection, periodic inspection and type test of special equipment shall not conduct inspection and testing until they have passed the examination organized by the department for safety supervision administration of special equipment of the State Council and acquired the certificates for inspectors and testers.

Inspectors and testers, when conducting inspection and testing, must practise in a special equipment inspection and testing institution, but shall not simultaneously practise in two or more institutions.

Article 46 Special equipment inspection and testing institutions and their inspectors and testers shall follow the good faith doctrine and the principle of offering convenience to enterprises, so as to provide reliable and convenient services to units producing or using special equipment.

Special equipment inspection and testing institutions and their inspectors and testers shall be obligated to keep confidential the commercial secrets of the inspected and tested units.

Article 47 Special equipment inspection and testing institutions and their inspectors and testers shall issue inspection and testing results and appraisal conclusions in an objective, impartial and prompt way. The inspectors or testers shall affix their signatures to the inspection and testing results and appraisal conclusions which shall then be officially signed by the responsible persons of the inspection and testing institutions.

Special equipment inspection and testing institutions and their inspectors and testers shall be responsible for the inspection and testing results and appraisal conclusions.

The department for safety supervision administration of special equipment of the State Council shall organize random checks of the inspection and testing results and appraisal conclusions produced by the special equipment inspection and testing institutions. Local departments in charge of the safety supervision administration of special equipment at or above the county level may organize random checks within their respective administrative areas; repeated checks, however, shall be avoided. Results of the random checks shall be made public.

Article 48 Special equipment inspection and testing institutions and their inspectors and testers shall not engage in the production or sale of special equipment, nor recommend special equipment or supervise the manufacture or sale of any special equipment in their own names.

Article 49 Upon discovery of any serious hidden danger in the inspection and testing of special equipment, any special equipment inspection and testing institution shall promptly inform the unit using the special equipment and immediately report to the department for safety supervision administration of special equipment.

Article 50 Where the special equipment inspection and testing institutions and their inspectors and testers deliberately makethingsdifficult for the units producing or using special equipment by taking advantages of their inspection and testing, the units producing or using the special equipment shall have the right to make complaints to the departments for safety supervision administration of special equipment. The departments for safety supervision administration of special equipment which receive the complaints shall timely investigate and handle the complaints.

 

Chapter V Supervision and Examination

 

Article 51 Departments for safety supervision administration of special equipment shall, in accordance with the provisions of these Regulations, exercise safety supervision over the units producing or using special equipment and over inspection and testing institutions.

Departments for safety supervision administration of special equipment shall place a high priority on the safety supervision over the special equipment used in public-gathering places such as schools, kindergartens, stations, passenger wharves, stores, stadiums and gyms, exhibition halls and parks.

Article 52 When investigating and handling any suspected violation of the provisions of these Regulations on the basis of informationor evidence proving the suspicion of law-breaking, any department for safety supervision administration of special equipment may exercise the following functions and powers:

(1) to look into and find out any suspected violation of these Regulations in the production, service or inspection and testing of special equipment from the legal representatives, principal responsible persons and other relevant persons of the units producing or using special equipment or of inspection and testing institutions;

(2) to consult or duplicate the relevant contracts, invoices, account books and other relevant materials of the units producing or using special equipment or of inspection and testing institutions;

(3) to seal up or impound the special equipment or its main parts if there is evidence showing that they are not in compliance with the safety technical codes or they have serious hidden dangers.

Article 53 Any department for safety supervision administration of special equipment which exercises licensing, approval and registration in accordance with the provisions of these Regulations shall examine the relevant matters in strict accordance with the conditions as provided for in these Regulations and the requirements of the safety technical codes, and may not grant licensing, approval or registration where such conditions or requirements are not met.

Where a unit not legally licensed, approved or registered engages in the production, service or inspection and testing of special equipment without authorization, the department for safety supervision administration of special equipment shall ban it or deal with the matter according to law.

For a unit producing or using special equipment or an inspection and testing institution that has been granted licensing, approval or registration, the department for safety supervision administration of special equipment shall cancel the licensing, approval or registration according to law when discovering that such unit does not meet the conditions as provided for in these Regulations and the requirements of the safety technical codes any longer.

Article 54 The department for safety supervision administration of special equipment shall make public the procedures for acceptance, examination, licensing and approval when handling the matters in respect of administrative approval as provided for in these Regulations, and shall decide on whether to grant approval or licensing within 30 days from the date of acceptance of application; if no approval or licensing is granted, the department shall given written reasons to the applicant.

Article 55 Local departments for safety supervision administration of special equipment at various levels shall not institute local protectionism or regional blockades in any ways, nor grant repeated licensing to units producing special equipment which have already been licensed in other localities according to the provisions of these Regulations, nor exercise repeated inspection and testing on special equipment which has already passed inspection and testing in other localities according to the provisions of these Regulations.

Article 56 Safety supervisors from any department for safety supervision administration of special equipment (hereinafter referred to as special equipment safety administrators ) shall be well acquainted with the relevant laws, regulations, rules and the safety technical codes, have corresponding professional knowledge and work experience, and acquire certificates for special equipment safety supervisors  upon examination by the department for safety supervision administration of special equipment of the State Council.

Special equipment safety supervisors shall be devoted to their duties, adhere to principles and enforce the law impartially.

Article 57 When exercising safety supervision over units producing or using special equipment or over inspection and testing institutions, any department for safety supervision administration of special equipment shall, for that purpose, assign at least two special equipment safety supervisors who shall present valid certificates for special equipment safety administrators.

Article 58 When exercising safety supervision over units producing or using special equipment or over inspection and testing institutions, any department for safety supervision administration of special equipment shall keep records of the supervised items, problems discovered and solutions therefor and place such records on file after both the special equipment safety supervisors who participate in the safety supervision and the responsible persons of the inspected units have signed their names. If the responsible persons of the inspected units reject to sign their names, the special equipment safety supervisors shall make a record of the matter.

Article 59 When exercising safety supervision over a unit producing or using special equipment or over an inspection and testing institution and finding any violation of these Regulations and the safety technical codes or of any hidden danger of the special equipment in service, any department for safety supervision administration of special equipment shall issue a written instruction on safety supervision of special equipment, ordering the unit concerned to take prompt measures to make corrections or eliminate the hidden dangers. Where immediate measures are taken in emergency cases, a written notification shall be issued afterwards.

Article 60 When exercising safety supervision over a unit producing or using special equipment or over an inspection and testing institution and finding any grave law-breaking act or serious hidden danger, any department for safety supervision administration of special equipment shall, at the same time of taking necessary measures, make a prompt report to the department for safety supervision administration of special equipment at higher levels. The department for safety supervision administration of special equipment receiving the report shall take necessary measures to handle the matter in time.

If the support and co-ordination from the local people’s government and the relevant departments are needed to handle the law-breaking acts or serious hidden dangers, the departments for safety supervision administration of special equipment shall report to local people’s governments and notify other relevant departments. The local people’s governments and other relevant departments shall take necessary measures to handle the matter in time.

Article 61 The department for safety supervision administration of special equipment of the State Council and departments for safety supervision administration of special equipment in all provinces, autonomous regions and municipalities directly under the Central Government shall announce the safety status of the special equipment to the public on a regular basis.

The announcement of the safety status of the special equipment includes:

(1) quantity of the special equipment in service;

(2) information, characteristics and reasons of, and preventive measures against, the accidents of the special equipment;

(3) other information that needs to be announced.

Article 62 In case of any accident of special equipment, the unit where the accident happens shall take immediate and effective measures and organize the rescue to prevent the accident from spreading and to reduce the casualties and property losses. It shall also make a prompt and truthful report to the department exercising the functions of work safety supervision, the department for safety supervision administration of special equipment and any other relevant department as required by the State. It shall not conceal facts, give a false report or delay the report of the accident.

Article 63 In case of any accident of special equipment, an investigation shall be conducted and responsibilities shall be investigated as required by the State.

 

Chapter VI  Legal Liability

 

Article 64  Where anyone is engaged in design of pressure vessels without due licensing, the department for safety supervision administration of special equipment shall ban such design and impose a fine of not less than 50,000 yuan and not more than 200,000 yuan, and confiscate the illegal income, if any. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation or other crimes.

Article 65 Where design documents for boilers, gas cylinders, hyper baric oxygen chambers, passenger ropeways and large amusement devices are used for manufacture without the appraisal of inspection and testing organizations approved by the department for safety supervision administration of special equipment of the State Council, the department for safety supervision administration of special equipment shall order corrections to be made, and confiscate products illegally manufactured and impose a fine of not less than 50,000 yuan and not more than 200,000 yuan. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of producing or marketing fake or substandard products, the crime of illegal operation or other crimes.

Article 66 Where products and parts of special equipment, or new products and parts of special equipment on trial, which shall be subject to a type test as required by the safety technical codes but have not been subject to a product or part type test, the department for safety supervision administration of special equipment shall order corrections to be made within a time limit, and impose a fine of not less than 20,000 yuan and not more than 100,000 yuan if no corrections are made upon the expiry of the time limit.

Article 67 Where anyone is engaged in the manufacture, installation and alteration of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways, large amusement devices and the safety accessories and safety protection devices, or the manufacture of pressure pipeline components without due licensing, the department for safety supervision administration of special equipment shall ban such activities, confiscate the products illegally manufactured and order those that have been installed or altered to be restored to the original status or those to be re-installed or re-altered by licensed unit within a time limit, impose a fine of not less than 50,000 yuan and not more than 200,000 yuan. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of producing or marketing fake or substandard products, the crime of illegal operation, the crime of negligently causing a serious accident or other crimes.

Article 68 Where the special equipment, prior to release from manufacturer, are not attached with design documents, certificate of compliance, manual on installation, service, maintenance and repair, as well as supervision inspection certificate as required by the safety technical codes, the department for safety supervision administration of special equipment shall order corrections to be made; or order a stop to manufacture or marketing, and impose a fine of not more than 30 per cent of the value of the products illegally manufactured or sold; and confiscate illegal income, if any.

Article 69 Where anyone is engaged in maintenance and repair or daily maintenance of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices without due licensing, the department for safety supervision administration of special equipment shall ban such repair or routine maintenance and impose a fine of not less than 10,000 yuan and not more than 50,000 yuan, and confiscate illegal income, if any. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation, the crime of negligently causing a serious accident or other crimes.

Article 70 Where, before construction, any construction unit for installation, alteration or maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices fail to inform in writing the department for safety supervision administration of special equipment of a municipality directly under the Central Government or of a city divided into districts of the installation, alteration or maintenance and repair to be conducted, or fail to transfer the technical materials within 30 days after inspection acceptance to the unit using boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices, the department for safety supervision administration of special equipment shall order corrections to be made within a time limit; if no corrections are made, a fine of not less than 2,000 yuan and not more than 10,000 yuan shall be imposed.

Article 71 Where manufacture of boilers, pressure vessels, pressure pipe units, lifting appliances and large amusement devices or installation, alteration or major maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices has not passed the supervision inspection by the inspection and testing institution approved by the department for safety supervision administration of special equipment of the State Council in accordance with the safety technical codes, but such special equipment is released from manufacturer or delivered for service, the department for safety supervision administration of special equipment shall order corrections to be made and confiscate the products illegally manufactured or sold. If installation, alteration or major maintenance and repair has already been conducted, the said department shall order supervision inspection to be exercised within a time limit, impose a fine of not less than 50,000 yuan and not more than 200,000 yuan, and confiscate the illegal income, if any; if the circumstances are serious, the said department shall cancel the licensing granted to the unit manufacturing, installing and altering or the maintenance and repair unit, and the department for industry and commerce shall revoke the business license. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of producing or marketing fake or substandard products or other crimes.

Article 72 Where anyone is engaged in filling of gas cylinders without due licensing, the department for safety supervision administration of special equipment shall ban such filling, confiscate the gas cylinders illegally filled, and impose a fine of not less than 50,000 yuan and not more than 200,000 yuan; and confiscate the illegal income, if any. If the criminal law is violated, the person in charge bearing responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation or other crimes.

Article 73 Where an elevator manufacturer comes under one of the following circumstances, the department for safety supervision administration of special equipment shall order it to make corrections within a time limit; if no corrections are made upon the expiry of the time limit, the said department shall circulate a notice of criticism:

(1) failing to verify and debug the elevator as required by Article 19 of these Regulations;

(2) failing to make a prompt report to the department for safety supervision administration of special equipment upon discovery of any serious hidden danger in conducting follow-up inquiries into the safe operation of the elevator.

Article 74 Where a unit using special equipment comes under one of the following circumstances, the department for safety supervision administration of special equipment shall order it to make corrections within a time limit, or impose a fine of not less than 2,000 yuan and not more than 20,000 yuan if no corrections are made upon the expiry of the time limit, or order it to stop using or suspend the production or business for rectification if the circumstances are serious:

(1) putting the special equipment into service without registering with the department for safety supervision administration of special equipmentprior to the putting-into-service of the special equipment or within 30 days after such putting-into-service;

(2) failing to build a safety technical file on the special equipment as required by Article 26 of these Regulations;

(3) failing to conduct frequent daily maintenance of the special equipment in service or to carry out periodic self-check, or to carry out periodic calibration, maintenance and repairof the safety accessories, safety protection devices, measuring and controlling installations and auxiliary instruments and gauges of the special equipment in service and make records, as required by Article 27 of these Regulations;

(4) failing to make a request for periodic inspection to the special equipment inspection and testing institution one month before the period of validity of the safety inspection expires in accordance with the requirements for periodic inspection as provided for in the safety technical codes;

(5) using special equipment which has not been periodically inspected or has failed to pass the inspection;

(6) continuing to use special equipment without making an all-round check and eliminating hidden dangers in case of breakdown or abnormity of such special equipment;

(7) failing to formulate emergency measures and rescue schemes against the accidents of their special equipment;

(8) failing to clean, lubricate, adjust or check elevators as required by paragraph 2, Article 32 of these Regulations.

Article 75 Where special equipment has serious hidden dangers of an accident, or is not worthy of alteration or maintenance and repair, or has exceeded the service life laid down in the safety technical codes, but the unit using special equipment fails to scrap such equipment in due time and to cancel the registration with the department for safety supervision administration of special equipment it originally registered with, the department for safety supervision administration of special equipment shall order it to make corrections within a time limit, or impose a fine of not less than 50,000 yuan and not more than 200,000 yuan if no corrections are made upon the expiry of the time limit.

Article 76 Where the unit running elevators, passenger ropeways or large amusement devices comes under one of the following circumstances, the department for safety supervision administration of special equipment shall order it to make corrections within a time limit, or order it to stop using or suspend their production or business for rectification and impose a fine of not less than 10,000 yuan and not more than 50,000 yuan if no corrections are made upon the expiry of the time limit:

(1) failing to conduct trial operation of and make routine check on the passenger ropeways or large amusement devices before they are put into service on each day, and failing to check and make sure the safety of the safety installations;

(2) failing to place the safety instructions and warning marks for elevators, passenger ropeways or large amusement devices in a prominent position easily noticed by the passengers.

Article 77 Where the unit using special equipment comes under one of the following circumstances, the department for safety supervision administration of special equipment shall order it to make corrections within a time limit, or order it to stop using or suspend the production or business for rectification and impose a fine of not less than 2,000 yuan and not more than 20,000 yuan if no corrections are made upon the expiry of the time limit:

(1) failing to set up a special equipment safety management department or to appoint full-time or part-time safety administrators as provided for by these Regulations;

(2) the operators of special equipment are engaged in operation without acquiring the corresponding certificate for special operator;

(3) failing to educate and train the operators of special equipment in respect of the safe operation of special equipment.

Article 78 Where, in case of occurrence of major accidents of special equipment in units using special equipment, the principal responsible persons of such units fail to organize an immediate rescue, or leave their posts without permission or go into hiding during the investigation and handling of the accidents, they shall be given the sanction of demotion or dismissal from their posts. If the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes.

Where the principal responsible persons of units using special equipment conceal facts, give a false report or delay the report of the accidents of special equipment, they shall be punished in accordance with the provisions of the preceding paragraph.

Article 79 Where operators of special equipment violate operational rules of special equipment or related safety regulations, or fail to make a prompt report to the safety administrators on the spot and the relevant responsible persons of the units upon discovery of any hidden dangers or other unsafe factors in their operation, they shall be given a criticism-education and punished by the units using special equipment. If the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes.

Article 80 Where anyone is engaged in the supervision inspection, periodic inspection and type test as required in these Regulations without approval, the department for safety supervision administration of special equipment shall ban it, impose a fine of not less than 50,000 yuan and not more 200,000 yuan, and confiscate the illegal income, if any. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation or other crimes.

Article 81 Whereaspecial equipment inspection and testing institution comes under one of the following circumstances, the department for safety supervision administration of special equipment shall impose a fine of not less than 20,000 yuan and not more than 100,000 yuan upon it, or cancel its qualification for inspection and testing if the circumstances are serious:

(1) the inspection and testing work does not conform to the safety technical codes;

(2) employing the persons who fail to pass the examination organized by the department for safety supervision administration of special equipment and fail to acquire the certificate for inspector and tester to engage in relevant inspection and testing work;

(3)upon discovery of any serious hidden danger in the inspection and testing of special equipment, failing to promptly inform the unit using the special equipment and immediately report to the department for safety supervision administration of special equipment.

Article 82 Wherespecial equipment inspection and testing institutions and their inspectors and testers issue false inspection and testing results or appraisal conclusions, or the inspection and testing results or appraisal conclusions are highly inconsistent with the facts, departments for safety supervision administration of special equipment shall confiscate the illegal income of the special equipment inspection and testing institutions, impose a fine of not less than 50,000 yuan and not more than 200,000 yuan on them, cancel their qualification for inspection and testing if the circumstances are serious; or impose a fine of not less than 5,000 yuan and not more 50,000 yuan on the inspectors and testers, and cancel their qualifications for inspection and testing if the circumstances are serious. If the criminal law is violated, the persons in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of providing falsified testifying papers by personnel from intermediary agencies, crime of issuing testifying papers with major inaccuracy by personnel from intermediary agencies or other crimes.

Where special equipment inspection and testing institutions and their inspectors and testers produce false inspection and testing results or appraisal conclusions, or the inspection and testing results or appraisal conclusions are highly inconsistent with the facts, thereby causing any damage, they shall assume liability for compensation.

Article 83 Where special equipment inspection and testing institutions and their inspectors and testers engage in the production or sale of special equipment, recommend special equipment or supervise the manufacture or sale of any special equipment in their own names, departments for safety supervision administration of special equipment shall cancel their qualification for inspection and testing and the inspectors and testers, impose a fine of not less than 50,000 yuan and not more than 200,000 yuan on them, confiscate the illegal income, if any.

Article 84 Where special equipment inspection and testing institutions and their inspectors and testers deliberately make things difficult for units producing or using special equipment by taking advantage of their inspection and testing, departments for safety supervision administration of special equipment shall order them to make corrections, or cancel their qualification for inspection and testing if they refuse to make corrections.

Article 85 Where inspectors and testers, when conducting inspection and testing, do not practise in a special equipment inspection and testing institution, or simultaneously practise in two or more special equipment inspection and testing institutions, departments for safety supervision administration of special equipment shall order them to make corrections, or suspend their conduction of inspection and testing for not less than six months and not more than two years if the circumstances are serious, and confiscate the illegal income, if any.

Article 86 Where any department for safety supervision administration of special equipment and its special equipment safety supervisors commit any one of the following law-breaking acts, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be given the administrative sanction of demotion or dismissal from their posts. If the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of taking bribes, the crime of abuse of power, the crime of neglect of duty or other crimes:

 (1) failing to exercise licensing, approval or registration in accordance with the conditions as provided for in these Regulations and the requirements of the safety technical codes;

(2) upon discovery, failing to ban or deal with unauthorized production, using or inspection and testing of special equipment conducted by a unit which has not been licensed, approved or registered;

(3) failing to cancel the licensing granted to a unit producing or using special equipment when discovering that such a unit does not meet the conditions as provided for in these Regulations any longer, or failing to, upon discovery, investigate and deal with law-breaking acts in the production or using of special equipment;

(4) failing to cancel the licensing granted to a inspection and testing institution of special equipment when discovering that such an institution does not meet the conditions as provided for in these Regulations any longer, or failing to investigate and deal with the acts of issuing false inspection and testing results or appraisal conclusions, or of issuing inspection and testing results or appraisal conclusions that are highly inconsistent with the facts;

(5) granting repeated licensing to a unit producing special equipment which has already been licensed in another locality according to the provisions of these Regulations, or exercising repeated inspection and testing on special equipment which has already passed inspection and testing in another locality according to the provisions of these Regulations;

(6) failing to immediately, upon discovery, handle any violation of these Regulations or the safety technical codes or any serious hidden dangers of special equipment in service;   

(7) failing to make a prompt report to the department for safety supervision administration of special equipment at the higher level upon discovery of any grave law-breaking act or serious hidden danger, or the department for safety supervision administration of special equipment receiving the report fail to take immediate measures to handle the matter.

Article 87 Where a unit producing or using special equipment or an inspection and testing institution of special equipment refuses to accept the safety supervision legally conducted by the department for safety supervision administration of special equipment, the department for safety supervision administration of special equipment shall order it to make corrections within a time limit; or order it to suspend its production or business operation for rectification and impose upon it a fine of not less than 20,000 yuan and not more than 100,000 yuan if no corrections are made upon expiry of the time limit; if the criminal law is violated, the criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of disrupting public service or other crimes.

 

Chapter VIISupplementary Provisions

 

Article 88 For the purpose of these Regulations:

Boiler refers to enclosed equipment which heats the liquid it holds to a certain parameter and carries a certain pressure by using various fuels, electricity or other energy resources. It ranges from pressure-bearing steam boiler with volume no less than 30 liters, pressure-bearing hot-water boiler with outlet water pressure no less than 0.1 Mpa (gauge pressure) and rated power no less than 0.1MW, to organic fluid boiler.

Pressure vessel refers to enclosed equipment which is capable of holding gas or liquid and carrying a certain pressure. It ranges from stationary vessel or transportable vessel for gas or liquefied gas whose maximum working pressure is no less than 0.1 Mpa (gauge pressure) and the product of whose pressure multiplied by volume is no less than 2.5 Mpa·L or for liquid whose maximum working temperature is no lower than its standard boiling point, gas cylinder for gas or liquefied gas whose nominal working pressure is no less than 0.2 Mpa (gauge pressure) and the product of whose pressure multiplied by volume is no less than 1.0Mpa·L or for liquid whose standard boiling point is no more than 60℃, or to hyper baric oxygen chamber, etc.

Pressure pipeline refers to pipe-shaped equipment which is capable of transmitting gas or liquid under certain pressure. It is used to transmit gas, liquefied gas, steam medium whose maximum working pressure is no less than 0.1 Mpa (gauge pressure), or liquid media which are flammable, explosive, toxic, corrosive and whose maximum working temperature is no lower than the standard boiling point and whose nominal diameter is larger than 25mm.

Elevator refers to a kind of powered machinery used to provide vertical or horizontal transportation of humans or commodities using cars moving along a rigid rail or step-type conveyer moving along fixed rail. It falls into passenger (cargo) elevator, escalator, and automatic moving walk, etc.

Lifting appliance refers to a kind of machinery used to provide vertical or vertical/horizontal transportation of heavy goods. It ranges from lifter whose rated lifting capacity is no less than 0.5 ton, and crane whose rated lifting capacity is no less than 1 ton and whose lifting height is no less than 2 meters, to fixed electric hoist.

Passenger ropeway refers to a kind of powered equipment which transports people by using flexible ropes to haul carriages, including passenger aerial ropeway, passenger trolley, and passenger towing cableway.

Large amusement device refers to amusement equipment used to transport passengers for business purposes. It is restricted to that whose design maximum operating linear velocity is no less than 2 m/s or whose operating height is no lower than 2 meters.

Special equipment also includes auxiliary safety accessories, safety protection devices and related devices.

Article 89 The measures for safety supervision of design, installation and service of pressure pipelines shall be separately formulated by the State Council.

Article 90 Collection of fees by inspection and testing institutions of special equipment for conducting inspection and testing in accordance with these Regulations shall be governed by the relevant provisions of the State.

Article 91 These Regulations shall be effective as of June 1, 2003. The Provisional Regulations on Safety Supervision of Boilers and Pressure Vessels promulgated by the State Council on February 6, 1982 shall be repealed simultaneously.

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