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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PRODUCTION OF SPECIAL EQUIPMENT CHAPTER III USE OF SPECIAL EQUIPMENT CHAPTER IV INSPECTION AND TESTING CHAPTER V SUPERVISION AND INSPECTION CHAPTER VI LEGAL RESPONSIBILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Regulations are enacted in order to strengthen the safety supervision over special equipment, to prevent and reduce accidents, to guarantee the safety of the people's life and property, and to promote the economic development. Article 2. Special equipment used in these Regulations refer to the boilers, pressure vessels (including gas cylinders, hereinafter the same), pressure pipelines, elevators, cranes, passenger cableways, and large entertainment facilities that involve the safety of life and that have relatively high risks. The catalogue of the special equipment provided for in the preceding paragraph shall be formulated by the department in charge of the administration of special equipment safety supervision under the State Council (hereinafter referred to the department of safety supervision under the State Council), and be put into implementation upon the approval of the State Council. Article 3. These Regulations shall be observed in the production (including design, manufacturing, installment, reform and maintenance, hereinafter the same), use, inspection and testing of special equipment, as well as the supervision and examination thereof, except that there are otherwise provisions in these Regulations. These Regulations shall not be applied to the safety supervision over military equipment, nuclear facilities, aircrafts and spacecrafts, railway locomotives, marine facilities and ships, as well as the special equipment used in coalmines. Safety supervision over the installment and use of cranes used in house construction sites and municipal project sites shall be carried out by the administrative department in charge of construction pursuant to the relevant laws and regulations. Article 4. The department of safety supervision under the State Council shall be in charge of special equipment safety supervision of the whole country, the departments in charge of special equipment safety supervision of the localities at the county level and above (hereinafter referred to departments of safety supervision) shall carry out safety supervision over the special equipment within their respective administrative regions. Article 5. The entities producing and using special equipment shall establish and improve the special equipment safety administration system and the post safety responsibility system. The major principals of the entities producing and using special equipment shall assume full responsibility for the special equipment of their respective entities. The entities producing and using special equipment and the institutions of special equipment inspection and testing (hereinafter referred to inspection and testing institutions) shall subject themselves to the special equipment safety supervision carried out by the departments of safety supervision pursuant to law. Article 6. The inspection and testing institutions shall make the inspection and testing in accordance with these Regulations and bear the legal responsibilities for their inspection and testing results and appraisal conclusions. Article 7. The local people's governments at the county level and above shall supervise, urge and support the departments of safety supervision to perform their duties of safety supervision pursuant to law, and shall coordinate and settle the major problems existing in the special equipment safety supervision. Article 8. The state encourages the promotion of scientific management methods and the adoption of advanced technology to improve the special equipment's safety performance and the management level, and to enhance the capacity against accidents of the entities producing and using special equipment, and will award the entities and individuals with outstanding achievements. Article 9. Any entity or individual shall have the right to prosecute any act in violation of these Regulations to the departments of safety supervision and the relevant departments of administrative supervision. The departments of safety supervision shall establish the prosecution system of special equipment safety supervision, publicize the prosecution phone number, mail box or email address, accept the prosecutions against the illegal acts of producing, using, inspection and testing of special equipment, and shall handle the cases in a timely way. The departments of safety supervision and the relevant departments of administrative supervision shall keep confidential for the prosecutors, and award them pursuant to the relevant provisions of the state. CHAPTER II PRODUCTION OF SPECIAL EQUIPMENT Article 10. Entities producing special equipment shall carry out production activities in conformity with these Regulations and with the requirements of the safety technical code enacted and promulgated by the department of safety supervision under the State Council (hereinafter referred to safety technical code). An entity producing special equipment shall be responsible for the safety performance of the special equipment it produces. Article 11. An entity designing pressure vessels may not undertake pressure vessel designing until it is licensed by the department of safety supervision under the State Council. An entity designing pressure vessels shall meet the following conditions: (1) Having the designing personnel and designing examination personnel fit in with pressure vessel designing; and (2) Having sound management system and responsibility system fit in with pressure vessel designing. Article 12. The design documents of boilers, gas cylinders in pressure vessels (hereinafter referred to gas cylinders), oxygen chambers and passenger cableways, and large entertainment facilities may be used in the manufacturing only after being appraised by the inspection and testing institutions approved by the department of safety supervision under the State Council. Article 13. The special equipment products and parts or the trial-manufactured special equipment of new products and new parts, for which model experiment should be conducted as required by the safety technical code, must go through model experiment of the whole equipment or the parts. Article 14. The entities manufacturing, installing and reforming boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities, as well as the safety attachments and safety protection settings thereof, and the entities manufacturing the pipes, pipe fittings, valves, flanges, compensators and safety protection settings used in pressure pipelines (hereinafter referred to pressure pipeline components) may undertake the corresponding activities only after they are licensed by the department of safety supervision under the State Council. The entities manufacturing, installing and reforming special equipment provided for in the preceding paragraph shall meet the following conditions: (1) Having the professional technicians and technical workers fit in with the manufacturing, installing and reforming of special equipment; (2) Having the production conditions and testing means fit in with the manufacturing, installing and reforming special equipment; and (3) Having sound quality management system and responsibility system. Article 15. Special equipment shall be accompanies by, when leaving the factory, the design documents, product quality certificate, instructions for installment and maintenance, and supervision and inspection certificate required by the safety technical code. Article 16. Entities maintaining boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities shall have the professional technicians and technical workers, as well as the necessary testing means, fit in with maintenance of special equipment, and may undertake the corresponding maintenance activities only after they are licensed by the departments of safety supervision of the provinces, autonomous regions and municipalities directly under the Central Government. Article 17. The installment, reform and maintenance of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities must be carried out by the entities that have obtained licenses pursuant to these Regulations. The installment, reform and maintenance of elevators must be carried out by the entities manufacturing elevators or the entities commissioned or agreed upon by contract and that have obtained licenses pursuant to these Regulations. Entities manufacturing elevators shall be responsible for the elevators' quality and the quality problems involved in safe operations. The construction entities installing, reforming and maintaining special equipment shall, before the construction, notify by written form the departments of safety supervision of the municipalities directly under the Central Government or the cities divided into districts of the installing, reforming and maintaining to be carried out, and may start work after that notification. Article 18. The civil engineering of elevator shafts must meet the quality requirements of construction engineering. In the installment of elevators, the entities installing the elevator shall comply with the requirements on safe production of the work scene and implement the safety protection measures on the scene. In the installment of elevator, the safety supervision on the work scene shall be carried out by the relevant departments in accordance with the relevant laws and regulations. In the installment of elevator, the entities installing elevators shall subject themselves to the administration of safe production on the work scene by the entity contracting the whole construction, and shall conclude a contract with the latter to clarify their respective safety responsibilities. Article 19. The manufacturing, installment, reform and maintenance of elevators must be strictly in conformity with the requirements of the safety technical code. Where an entity manufacturing elevators commissions or agrees to let any other entity to install, reform or maintain the elevator, it shall make safety direction and monitoring of the installment, reform or maintenance carried out by the latter. After the installment, reform or maintenance of elevator ends, the entity manufacturing elevators shall check and adjust the elevator pursuant to the requirements of the safety technical code, and be responsible for the results of the check and adjustment. Article 20. After the installment, reform or maintenance of boilers, pressure vessels, elevators, cranes, passenger cableways, or large entertainment facilities is completed, the entity undertaking the installment, reform or maintenance shall, within 30 days after the examination and acceptance, hand over the relevant technical materials to the entity using the equipment. The using entity shall keep those materials in the safety technical archives of that special equipment. Article 21. The manufacturing process of boilers, pressure vessels, pressure pipeline components, cranes and large entertainment facilities, and the installment, reform and major maintenance process of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities must be subject to the supervision and inspection carried out, according to the requirements of the safety technical code, by the inspection and testing institutions approved by the department of safety supervision under the State Council; the equipment may not leave the factory or be delivered for use until they have passed the supervision and inspection. Article 22. An entity filling gas cylinders may undertake gas filling activities only after it is licensed by the department of safety supervision of the province, autonomous region or municipality directly under the Central Government. An entity filling gas cylinders shall meet the following conditions: (1) Having the managerial personnel and technicians fit in with gas cylinder filling and management; (2) Having the filling equipment, testing means, sites and work shops, apparatus, safety facilities and certain gas storage capacity fit in with gas cylinder filling and management, and being able to provide the users with gas cylinders meeting the requirements of the safety technical code; and (3) Having sound management system, responsibility system and emergency treatment measures for filling safety. The entity filling gas cylinders shall give directions and provide services to the users in respect of safe use of the gas cylinders. CHAPTER III USE OF SPECIAL EQUIPMENT Article 23. An entity using special equipment shall strictly execute the provisions of these Regulations and the laws and administrative regulations on safe production, and guarantee the safe use of special equipment. Article 24. An entity using special equipment shall use the special equipment meeting the requirements of the safety technical code. Before the special equipment is put into use, the using entity shall verify whether it is accompanied by the relevant documents specified in Article 15 of these Regulations. Article 25. Before the special equipment is put into use or within 30 days after it is put into use, the entity using the special equipment shall make registration with the department of safety supervision of the municipality directly under the Central Government or the city divided into districts. The registration mark shall be placed or attached at a notable position on that special equipment. Article 26. An entity using special equipment shall establish the safety technical archives of special equipment, which shall include: (1) Design documents, manufacturing entity, product quality certificate, instructions for use and maintenance of the special equipment, as well as the installment technical documents and materials; (2) Records of the regular inspection and regular self inspection of the special equipment; (3) Records of the daily use of the special equipment; (4) Records of the daily maintenance of the special equipment, and of its safety attachments, safety protection settings, measurement and adjustment settings, as well as the relevant accessory instruments and meters; and (5) Records of operation failures and accidents of the special equipment. Article 27. An entity using special equipment shall give daily maintenance to the special equipment in use, and shall regularly inspect the equipment by itself. The entity using special equipment shall make an inspection on the special equipment used by itself at least once a month, and shall keep the records of the inspection. The using entity using shall treat, in good time, the abnormal situations found out in the self inspection and the daily maintenance of the special equipment in use. The entity using special equipment shall regularly check, adjust, examine and repair the safety attachments, safety protection settings, measurement and control settings, as well as the relevant accessory instruments and meters, of the special equipment in use, and shall make the records concerned. Article 28. An entity using special equipment shall, in accordance with the requirements of the safety technical code on regular inspection, file the request for regular inspection with the inspection and testing institution in 1 month prior to the expiry of the period of validity of the safety inspection. The inspection and testing institution shall, after receiving the request for regular inspection, make the inspection in a timely way pursuant to the requirements of the safety technical code. The special equipment that hasn't gone through the regular inspection or that has failed the inspection may not be used any longer. Article 29. If a special equipment fails in operation or has any abnormal situation, the using entity shall make an all-around inspection on it, and that equipment may be put into use again only after the hidden risk of accident has been removed. Article 30. Where any special equipment has serious hidden risk of accident, has no value for reform or maintenance, or exceeds the time limit for use provided for by the safety technical code, the entity using the special equipment shall discard it in a timely way, and shall nullify the registration with the department of safety supervision that registered that equipment. Article 31. An entity using special equipment shall draw up the emergent measures and rescue schemes for special equipment accident. Article 32. The daily maintenance of elevators must be carried out by the entities licensed to install, reform or maintain elevators according to these Regulations, or by the entities manufacturing elevators. For elevators, cleaning, lubricating, adjusting and inspection shall be carried out at least once every 15 days. Article 33. An entity undertaking daily maintenance of elevators shall strictly execute the requirements of the safety technical code of the state, guarantee the safety technical performance of the elevators under its maintenance, and shall see to implement the safety protection measures on the work scene and guarantee the work safety. The entity undertaking daily maintenance of elevators shall be responsible for the safety performance of the elevators under its maintenance. It shall immediately go to the scene upon receipt of any failure notification, and shall take necessary emergent measures. Article 34. Entities operating and using special equipment such as elevators, passenger cableways and large entertainment facilities that provide services to the public shall set up the agency of special equipment safety administration or equip full-time safety administration personnel; entities using other special equipment shall set up the agency of special equipment safety administration or equip full-time or part-time safety administration personnel according to the circumstances. The safety administration personnel of special equipment shall make frequent inspections of the use of special equipment, and shall handle the problems immediately after finding them out; in case of emergency, they may decide to stop the use of the special equipment and report to the relevant principal of the entity. Article 35. Entities operating and using passenger cableways and large entertainment facilities shall, before the passenger cableways and large entertainment facilities are put into use each day, make trial operation and routine safety inspection, and check and confirm the safety settings. Entities operating and using elevators, passenger cableways and large entertainment facilities shall place the matters of attention and the warning marks of those special equipment at positions that can easily be noted by the passengers. Article 36. The major principals of the entities operating and using passenger cableways and large entertainment facilities shall be familiar with the relevant safety knowledge of the said equipment, and shall assume full responsibilities for the safe use of such equipment. The major principals of the entities operating and using passenger cableways and large entertainment facilities shall hold a meeting at least once a month to supervise, urge and inspect the work on safety use of the said equipment. Entities operating and using passenger cableways and large entertainment facilities shall, in light of the actual situations of their respective entities, prepare rescue equipment and first aid articles in corresponding quantities. Article 37. The passengers of elevators, passenger cableways and large entertainment facilities shall observe the requirements of safe use attentions, and comply with the directions of the relevant staff members. Article 38. After an elevator is put into use, the entity manufacturing the elevator shall follow up and investigate the safe operation of the elevator it manufactured, and shall present suggestions on improvement and provide necessary technical assistance to, in terms of safe operation, the entity undertaking daily maintenance of the elevator or the entity using the elevator. Any serious hidden risk of accident shall be, once found out, reported to the department of safety supervision in a timely way. The elevator manufacturing entity shall keep records of the information it obtains through the follow-up and investigation. Article 39. The operation personnel and the relevant management personnel of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities (hereinafter referred to operation personnel) shall, pursuant to the relevant provisions of the state, pass the assessment by the department of safety supervision and obtain the certificate of special operation personnel in state unified format before they can undertake the corresponding operations or management. Article 40. An entity using special equipment shall give education and training on special equipment safety to the operation personnel, and guarantee that the operation personnel have the necessary knowledge on safe operations of special equipment. Operation personnel shall, in their operations, strictly execute the operation rules for special equipment and the relevant safety rules and systems. Article 41. Where the operation personnel find any hidden risk of accident or other unsafe factors in the operations, they shall immediately report to the safety management personnel on the scene and the relevant principals of the entity. CHAPTER IV INSPECTION AND TESTING Article 42. The inspection and testing institutions undertaking the supervision and inspection, regular inspection, and model experiment provided for in these Regulations shall be subject to the approval of the department of safety supervision under the State Council. The inspection and testing institutions set up by the entities using special equipment shall, upon the approval of the department of safety supervision under the State Council, be responsible for the regular inspection and model experiment of special equipment within certain range in their respective entities. Article 43. An inspection and testing institution shall meet the following conditions: (1) Having the inspection and testing personnel fit in with the inspection and testing work it undertakes; (2) Having the inspection and testing instrument and equipment fit in with the inspection and testing work it undertakes; and (3) Having sound inspection and testing management system and responsibility system. Article 44. The supervision and inspection, regular inspection and model experiment of special equipment shall be carried out by the institutions of special equipment inspection and testing approved in accordance with these Regulations. The work of special equipment inspection and testing shall meet the requirements of the safety technical code. Article 45. The special equipment inspection and testing personnel (hereinafter referred to inspection and testing personnel) undertaking the supervision and inspection, regular inspection and model experiment provided for in these Regulations shall pass the assessment organized by the department of safety supervision under the State Council and obtain the certificate of inspection and testing personnel before they can undertake the inspection and testing work. To undertake the inspection and testing work, the inspection and testing personnel must practice in an inspection and testing institution, but may not practice in two or more inspection and testing institutions at the same time. Article 46. Inspection and testing institutions and personnel shall stick to the principles of good faith and of convenience for the enterprises in the inspection and testing of special equipment, and shall provide reliable and convenient inspection and testing services to the entities producing and using special equipment. Inspection and testing institutions and personnel are obliged to keep confidential the involved business secrets of the entities under inspection and testing. Article 47. Inspection and testing institutions and personnel shall produce the inspection and testing results and appraisal conclusions in an objective, just and timely way. The inspection and testing results and appraisal conclusions shall, with the signature of the inspection and testing personnel, be signed by the principal of the inspection and testing institution. Inspection and testing institutions and personnel shall bear the responsibility for the inspection and testing results and appraisal conclusions. The department of safety supervision under the State Council shall organize selective examinations of the inspection and testing results and appraisal conclusions produced by special equipment inspection and testing institutions. The local departments of safety supervision at the county level and above may also organize selective examinations within their respective administrative areas, however, repeated examination shall be prevented. The results of the selective examinations shall be promulgated to the public. Article 48. Inspection and testing institutions and personnel may not engage in the production and sale of special equipment, or recommend, or supervise the manufacturing or sale of special equipment in their own names. Article 49. Inspection and testing institutions shall, when finding out serious hidden risk of accident in the inspection and testing of special equipment, inform the entities using the special equipment in a timely way, and shall immediately report to the department of safety supervision. Article 50. If the inspection and testing institutions and personnel, by taking advantage of the inspection and testing work, willfully create difficulties for the entities producing and using the special equipment, the said entities are entitled to file complaints to the departments of safety supervision, and the departments of safety supervision that receive the complaints shall make timely investigation and settlement. CHAPTER V SUPERVISION AND INSPECTION Article 51. The departments of safety supervision shall, pursuant to these Regulations, carry out safety supervision over the entities producing and using special equipment and over the inspection and testing institutions. The departments of safety supervision shall carry out stressed safety supervision over the special equipment at schools, kindergartens, as well as at the public gathering places such as stations, passenger transportation docks, shopping malls, stadiums, exhibition halls and parks. Article 52. The departments of safety supervision may exercise the following powers in investigation and punishment, carried out according to the prosecution or the acquired evidence for suspicion of illegality, of the acts suspected of violating these Regulations: (1) Investigating and learning the information relating to the production, use, inspection and testing suspected of violating these Regulation with the legal representatives, major principals and other relevant personnel of the entities producing and using special equipment and the inspection and testing institutions; (2) Consulting and duplicating the relevant contracts, invoices, account books and other relevant materials of the entities producing and using special equipment and the inspection and testing institutions; and (3) Sealing up or detaining the special equipment or the major parts thereof that fail to meet the requirements of the safety technical code or that have other serious hidden risk of accident proved by evidence. Article 53. The departments of safety supervision that grant license, approval and make registration pursuant to these Regulations shall make examination of the relevant matters strictly in accordance with the conditions provided for by these Regulations and the requirements of the safety technical code, and may not license, approve or register those failing to meet the aforesaid conditions and requirements. If any entity which hasn't been licensed, approved or registered pursuant to law, undertakes production, use or inspection and testing of special equipment, the department of safety supervision shall ban it or deal with it according to law. For the entities manufacturing or using special equipment and the inspection and testing institutions which have been licensed, approved and registered, if the department of safety supervision finds that any of them is no longer in conformity with the conditions provided for by these Regulations and the requirements of the safety technical code, it shall cancel the original license, approval and registration of that entity or institution according to law. Article 54. When handling the relevant administrative examination and approval provided for in these Regulations, the department of safety supervision must make open the procedures for acceptance, examination, license and approval, and shall make the decision on whether or to grant the license or approval within 30 days from the day it accepts the application, and shall explain the reasons to the applicant by written form in case the license or approval is not granted. Article 55. The local departments of safety supervision at various levels may not carry out local government protection or regional blockades by any forms, may not grant repeated license to the entities producing special equipment which have already been licensed at other places pursuant to these Regulations, neither may they require repeated inspection and testing over the special equipment which have passed the inspection and testing at other places pursuant to these Regulations. Article 56. The safety supervision personnel of the department of safety supervision (hereinafter referred to safety supervision personnel) shall be familiar with the relevant laws, regulations, rules and safety technical code, possess the corresponding professional knowledge and work experience, and obtain the certificate of safety supervision personnel upon assessment by the department of safety supervision under the State Council. The safety supervision personnel shall be devoted to their duties, stick to the principles, and enforce the law impartially. Article 57. Where the department of safety supervision carry out safety supervision over the entities producing and using special equipment and over the inspection and testing institutions, it shall have two or more safety supervision personnel to participate, and those persons shall show their valid certificates of safety supervision personnel. Article 58. In safety supervision over the entities producing and using special equipment and over the inspection and testing institutions, the department of safety supervision shall keep records of the contents of the problems found out and the treatment thereof in each safety supervision, and such records shall be put on file after being signed by the safety supervision personnel participating in the safety supervision and the relevant principals of the entities under inspection. If any relevant principal of the entity under inspection refuses to sign, the safety supervision personnel shall record such situation. Article 59. In safety supervision over the entities producing and using special equipment and over the inspection and testing institutions, if the department of safety supervision finds out that any act is in violation of these Regulations or the safety technical code or that any special equipment in use has hidden risk of accident, it shall give safety supervision directions by written form, ordering the relevant entity to take timely measures and correct the act, or to eliminate the risk. Where it is necessary to take emergent measures in case of emergency, a supplementary written notice shall be issued subsequently. Article 60. In safety supervision over the entities producing and using special equipment and over the inspection and testing institutions, if the department of safety supervision finds out any major illegal act or serious hidden risk of accident, it shall, while taking necessary measures, promptly report to the department of safety supervision at the higher level. The department of safety supervision that receives the report shall take necessary measures and deal with the case in a timely way. Where the handling of illegal act or serious hidden risk of accident needs the support and cooperation of the local people's government and the relevant departments, the department of safety supervision shall report to the local people's government and notify other relevant departments. The local people's government and other relevant departments shall take necessary measures to deal with the case in a timely way. Article 61. The department of safety supervision under the State Council and the departments of safety supervision of the provinces, autonomous regions and municipalities directly under the Central Government shall promulgate the safety status of special equipment to the public in fixed terms. The safety status of special equipment promulgated shall include: (1) Amount of the special equipment in use; (2) Special equipment accident information, characteristics, cause analysis and prevention measures; and (3) Other information needs to be promulgated. Article 62. In case of a special equipment accident, the entity in which the accident took place shall promptly take effective measures, organize rescue, prevent the accident from expanding and mitigate personnel deaths and injuries and property losses, and shall, pursuant to the relevant provisions of the state, make timely and faithful report to the departments bearing safety supervision administration duties and the department of safety supervision. The entity shall not conceal the facts and make no report, or make falsified report, or delay and avoid the report. Article 63. In case of a special equipment accident, the accident investigation shall be carried out and the responsibilities shall be prosecuted pursuant to the relevant provisions of the state. CHAPTER VI LEGAL RESPONSIBILITIES Article 64. If any one undertakes the designing of pressure vessel without license, the department of safety supervision shall ban it and impose on it a fine from 50,000 Yuan to 200,000 Yuan. If there are any illegal gains, such gains shall be confiscated. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of illegal business operations or other crimes. Article 65. If the design documents of boilers, gas cylinders, oxygen cabins, passenger cableways and large entertainment facilities are used in the manufacturing without the appraisal by the inspection and testing institutions approved by the department of safety supervision under the State Council, the department of safety supervision shall order correction of such an act, confiscate the products illegally manufactured, and impose on the offender a fine from 50,000 Yuan to 200,000 Yuan. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of producing or selling fake and inferior products, the crime of illegal business operations or other crimes. Article 66. If the special equipment products and parts or the trial-manufactured special equipment new products and new parts, for which model experiment should be conducted as required by the safety technical code, haven't gone through the model experiment of the whole equipment or the parts, the department of safety supervision shall order correction within a prescribed time limit. If no correction is made within that time limit, the offender shall be imposed on a fine from 20,000 Yuan to 100,000 Yuan. Article 67. If any one undertakes, without license, the manufacturing, installment or reform of boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities, as well as the safety attachments and safety protection settings thereof, or the manufacturing of pressure pipeline components, the department of safety supervision shall ban the offender, confiscate the products illegally manufactured, where the equipment has been installed or reformed, order the restoration of the original state or order the re-installment or re-reform by the licensed entities within a prescribed time limit, and impose on the offender a fine from 50,000 Yuan to 200,000 Yuan. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of producing or selling fake and inferior products, the crime of illegal business operations, the crime of negligently causing a serious accident or other crimes. Article 68. If the special equipment is not accompanied by, when leaving the factory, the design documents, product quality certificate, instructions for installment and maintenance, and supervision and inspection certificate required by the safety technical code, the department of safety supervision shall order correction of such a situation. If the circumstances are serious, the department of safety supervision shall order the offender to stop the production or sale, and impose on the offender a fine less than 30% of the value of the products illegally produced and sold, and if there are any illegal gains, such illegal gains shall be confiscated. Article 69. If any one undertakes, without license, the repair or daily maintenance of boilers, pressure vessels, elevators, cranes, passenger cableways, and large entertainment facilities, the department of safety supervision shall ban the offender and impose on it a fine from 10,000 Yuan to 50,000 Yuan. If there are any illegal gains, such illegal gains shall be confiscated. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of illegal business operations, the crime of negligently causing a serious accident or other crimes. Article 70. If any construction entity installing, reforming or maintaining boilers, pressure vessels, elevators, cranes, passenger cableways, or large entertainment facilities fails to, before the construction, notify by written form the department of safety supervision of the municipality directly under the Central Government or the city divided into districts of the installing, reforming and maintaining to be carried out, or fails to hand over the relevant technical materials within 30 days after the examination and acceptance to the entities using the boilers, pressure vessels, elevators, cranes, passenger cableways, or large entertainment facilities, the department of safety supervision shall order the offender to correct within a prescribed time limit, and in case of failure to correct within that time limit, a fine ranging from 2,000 Yuan to 10,000 Yuan shall be imposed on the offender. Article 71. If the manufacturing process of boilers, pressure vessels, pressure pipeline components, cranes and large entertainment facilities, or the installment, reform and major repair process of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities hasn't gone through the supervision and inspection carried out, according to the requirements of the safety technical code, by the inspection and testing institutions approved by the department of safety supervision under the State Council before the equipment leaves the factory or is delivered for use, the department of safety supervision shall order correction of the situation, confiscate the products illegally produced or sold. If the equipment has been installed, reformed or given major repairs, the department of safety supervision shall order the supervision and inspection of the equipment to be carried out within a prescribed time limit, and impose on the offender a fine ranging from 50,000 Yuan to 200,000 Yuan. If there are any illegal gains, such gains shall be confiscated. If the circumstances are serious, the license already obtained by that entity manufacturing, installing, reforming or repairing the equipment shall be cancelled, and the business license of that entity shall be revoked by the department of industry and commerce administration. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of producing or selling fake and inferior products or other crimes. Article 72. If any one undertakes the filling of gas cylinders without license, the department of safety supervision shall ban that offender, confiscate the gas cylinders illegally filled, and impose on the offender a fine ranging from 50,000 Yuan to 200,000 Yuan. If there are any illegal gains, such gains shall be confiscated. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of illegal business operations or other crimes. Article 73. If an entity manufacturing elevators is in any of the following situations, the department of safety supervision shall order it to correct within a prescribed time limit. If it fails to do so, a notice of criticism shall be circulated: (1) Failing to check and adjust the elevators pursuant to Article 19 of these Regulations; or (2) Failing to make timely report to the department of safety supervision when finding out serious hidden risk of accident in the follow-up and investigation of the safe operations of the elevators. Article 74. If an entity using special equipment is in any of the following situations, the department of safety supervision shall order it to correct within a prescribed time limit. If it fails to do so, a fine ranging from 2,000 Yuan to 20,000 Yuan shall be imposed on it. If the circumstances are serious, it shall be ordered to stop the use or to stop the business for rectification: (1) Putting the special equipment into use without registering with the department of safety supervision before or within 30 days after putting into use that special equipment; (2) Failing to establish safety technical archives of special equipment pursuant to Article 26 of these Regulations; (3) Failing to make frequent daily maintenance and regular self-inspection of the special equipment, or failing to make regular checkout, adjustment, examination and repair of the safety attachments, safety protection settings, measurement and control settings, as well as the relevant accessory instruments and meters, of the special equipment in use, and failing to keep the records pursuant to Article 27 of these Regulations; (4) Failing to file the request for regular inspection with the inspection and testing institution in 1 month prior to the expiry of the period of validity of the safety inspection pursuant to the requirements of the safety technical code on regular inspection; (5) Using special equipment which hasn't gone through the regular inspection or failed such inspection; (6) In case of a failure or abnormal situation of the special equipment, failing to make an all-around inspection and to eliminate the hidden risk of accident, and continuing using such special equipment; (7) Failing to draw up emergent measures and rescue schemes for special equipment accident; or (8) Failing to carry out cleaning, lubricating, adjusting and inspection of elevators pursuant to Paragraph 2 of Article 32 of these Regulations. Article 75. Where any special equipment has serious hidden risk of accident, has no value for reform or maintenance, or exceeds the time limit for use provided for by the safety technical code, and the entity using the special equipment fails to discard it and to nullify the registration with the department of safety supervision that registered the said special equipment, the department of safety supervision shall order the entity to correct the act within a prescribed time limit. If the entity fails to do so, it shall be imposed on a fine ranging from 50,000 Yuan to 200,000 Yuan. Article 76. If an entity operating and using elevators, passenger cableways or large entertainment facilities is in any of the following situations, the department of safety supervision shall order it to correct the act within a prescribed time limit. If the entity fails to do so, it shall be ordered to stop the use or stop the business for rectification, and be imposed on a fine ranging from 10,000 Yuan to 50,000 Yuan: (1) Before the passenger cableway or large entertainment facilities are put into use each day, failing to make the trial operation and routine safety inspection, and failing to check and confirm the safety settings; or (2) Failing to place the matters of attention and the warning marks of the elevators, passenger cableways and large entertainment facilities at positions that can easily be noticed by the passengers. Article 77. If an entity using special equipment is in any of the following situations, the department of safety supervision shall order it to correct the act within a prescribed time limit. If the entity fails to do so, it shall be ordered to stop the use or stop the business for rectification, and be imposed on a fine ranging from 2,000 Yuan to 20,000 Yuan: (1) Failing to set up the agency of special equipment safety administration or to equip full-time or part-time safety administration personnel according to these Regulations; (2) The personnel undertaking operations of special equipment carry out such operations without the corresponding certificate of special operation personnel; or (3) The special operation personnel haven't received safety education and training. Article 78. If any major principal of an entity using special equipment fails to, in case of a serious special equipment accident, organize the rescue immediately, or leaves his post without permission or escapes during the investigation and settlement of the accident, that principal shall be given the sanction of demotion or dismissal. If the criminal law is violated, the criminal responsibilities shall be prosecuted for in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes. If the major principal of the entity using special equipment conceals the special equipment accident, or makes falsified report, or delays and avoids the report, he shall be punished pursuant to the preceding paragraph. Article 79. If the operation personnel violate the operation rules for special equipment and the relevant safety rules and systems, or when finding any hidden risk of accident or other unsafe factors during the operations, fail to report to the safety management personnel on the scene and the relevant principals of the entity, they shall be criticized and punished by the entity using the special equipment. If the criminal law is violated, the criminal responsibilities shall be prosecuted for in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes. Article 80. If any entity undertakes inspection and testing activities such as supervision and inspection, regular inspection, model experiment etc provided in these Regulation without authorization, it shall be banned by the department of safety supervision and be imposed on a fine ranging from 50,000 Yuan to 200,000 Yuan. If there are any illegal gains, such gains shall be confiscated. If the criminal law is violated, the criminal responsibilities of the responsible personnel in charge and other directly responsible personnel shall be prosecuted for in accordance with the provisions of the criminal law on the crime of illegal business operations or other crimes. Article 81. If an inspection and testing institution is in any of the following situations, the department of safety supervision shall impose on it a fine ranging from 20,000 Yuan to 100,000 Yuan. If the circumstances are serious, its qualification for inspection and testing shall be cancelled: (1) The inspection and testing work fails to meet the requirements of the safety technical code; (2) Retaining personnel who haven't passed the assessment organized by the department of safety supervision and haven't obtained the certificate of inspection and testing personnel to undertake the relevant inspection and testing work; or (3) When finding serious hidden risk of accident in inspection and testing, failing to inform the entity using the special equipment in a timely way, and failing to report to the department of safety supervision immediately. Article 82. If any inspection and testing institution or personnel produces false inspection and testing results, appraisal conclusions, or such results and conclusions are significantly inconsistent with the facts, the department of safety supervision shall confiscate the illegal gains of the inspection and testing institution and impose on it a fine ranging from 50,000 Yuan to 200,000 Yuan, and if the circumstances are serious, cancel its qualification for inspection and testing; shall impose on the inspection and testing personnel a fine ranging from 5,000 Yuan to 50,000 Yuan, and if the circumstances are serious, cancel his qualification for inspection and testing, the criminal responsibilities shall be prosecuted for in accordance with the provisions of the criminal law on the crime of intermediary personnel's providing of falsified certification, the crime of intermediary personnel's providing of certification significantly inconsistent with the facts or other crimes. If any losses are caused because the inspection and testing institution or personnel produces falsified inspection and testing results, appraisal conclusions, or such results and conclusions are significantly inconsistent with the facts, the institution or personnel shall be liable for the compensation. Article 83. If any inspection and testing institution or inspection or personnel engages in the production and sale of special equipment, or recommends, or supervises the manufacturing or sale of special equipment in its/his own name, the department of safety supervision shall cancel the qualification of the inspection and testing institution or personnel, and impose on the offender a fine ranging from 50,000 Yuan to 200,000 Yuan. If there are any illegal gains, such gains shall be confiscated. Article 84. If any inspection and testing institution or personnel, by taking advantage of the inspection and testing work, willfully creates difficulties for the entities producing and using the special equipment, the department of safety supervision shall order the offender to correct the act, and if the offender refuses to correct, cancel its/his qualification for inspection and testing. Article 85. If any inspection and testing personnel, when undertaking inspection and testing work, doesn't practice in an inspection and testing institution, or practices in two or more inspection and testing institutions at the same time, the department of safety supervision shall order the offender to correct, and if the circumstances are serious, shall punish the offender by stopping him from practice for a period ranging from 6 months to 2 years. If there are any legal gains, such gains shall be confiscated. Article 86. If the department of safety supervision or its safety supervision personnel commits any of the following illegal acts, the responsible personnel in charge and other directly responsible personnel shall be given the administrative sanction of demotion or dismissal. If the criminal law is violated, the criminal responsibilities shall be prosecuted for in accordance with the provisions of the criminal law on the crime of accepting bribes, the crime of abusing authorities, the crime of neglecting duties or other crimes: (1) Failing to comply with the conditions provided for by these Regulations and the requirements of the safety technical code in granting license, approval and making registration; (2) Failing to ban or deal with, pursuant to law, the offender that has been found to, without license, approval or registration, produce or use special equipment or to carry out inspection and testing; (3) Failing to cancel the original license of an entity producing or using special equipment that has been found to no longer meet the conditions provided for by these Regulations, or failing to investigate and punish the illegal act of producing or using special equipment; (4) Failing to cancel the original approval of an inspection and testing institution that has been found to no longer meet the conditions provided for by these Regulations, or failing to investigate and punish the act of producing falsified inspection and testing results, appraisal conclusions or the inspection and testing results or appraisal conclusions significantly inconsistent with the facts; (5) Repeatedly licensing an entity producing special equipment which has obtained the license at any other place pursuant to these Regulations, or making repeated inspection and testing over the special equipment which has passed the inspection and testing at any other place pursuant to these Regulations; (6) Failing to immediately deal with the act in violation of these Regulations or the safety technical code, or the serious hidden risk of accident found out; or (7) When finding any major illegal act or serious hidden risk of accident, failing to report to the department of safety supervision at the higher level; or the department of safety supervision which receives the report fails to deal with the case immediately. Article 87. If any entity producing or using special equipment, or any inspection and testing institution refuses to accept the safety supervision carried out by the department of safety supervision pursuant to law, the department of safety supervision shall order the offender to correct within a prescribed time limit. If the offender fails to do so, it shall be ordered to stop the business for rectification, and be imposed on a fine ranging from 20,000 Yuan to 100,000 Yuan. If the criminal law is violated, the criminal responsibilities shall be prosecuted for in accordance with the provisions of the criminal law on the crime of disrupting public service or other crimes. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 88. The terms used in these Regulations have the following meanings: Boilers refer to the sealed equipment which can heat up the liquid contained to some certain parameter by using various kinds of fuel, electric power or other energies, and which can bear certain pressure, including: pressured steam boilers, of which the volume is larger than or equal to 30L; pressured hot water boilers, of which the outlet water pressure is higher than or equal to 0.1 M Pa (gage pressure), and of which the rated power is higher than or equal to 0.1 MW, and organic heat carrier boilers. Pressure vessels refer to the sealed equipment which contains gas or liquid and which can bear certain pressure, including the fixed vessels and movable vessels that contain the gas and liquefied gas of which the highest operation pressure is higher than or equal to 0.1 MPa (gage pressure), and the product of the pressure multiplied by the volume is larger than or equal to 2.5 MPa.L, and that contain the liquid of which the highest operation temperature is higher than or equal to the standard boiling point; the gas cylinders that contain the gas and liquefied gas of which the nominal operation pressure is higher than or equal to 0.2 MPa (gage pressure), and the product of the pressure multiplied by the volume is larger than or equal to 1.0 MPa.L, and that contain the liquid of which the standard boiling point is lower than 60 degree celsius, and oxygen cabins. Pressure pipelines refer to the pipe equipment transmitting gas or liquid by using certain pressure, including: pipelines, with nominal diameter longer than 25mm, transmitting the gas, liquefied gas and steam medium of which the highest operation pressure is higher than or equal to 0.1 MPa (gage pressure), or the inflammable, explosive, poisonous, corrosive liquid medium of which the highest operation temperature is higher than or equal to the standard boiling point. Elevators refer to the mechanic and electronic equipment conveying persons and goods vertically or horizontally by boxes moving along rigid rails or by stairs (steps) moving along fixed lines, including passenger (cargo) elevators, escalators, and moving pavements. Cranes refer to the mechanic and electronic equipment that moves heavy objects vertically, or vertically and horizontally, including lifters of which the rated lifting capacity is heavier than or equal to 0.5t; cranes of which the rated lifting capacity is heavier than or equal to 1 t and of which the lifting height is higher than or equal to 2m, and electronic wire rope hoists with fixed weight bearing form. Passenger cableways refer to the mechanic and electronic equipment driven by power and conveying passengers by carriers, e.g. boxes drawn by flexible ropes, including passenger skylines, passenger cable cars and pulling cableways. Large entertainment facilities refer to the facilities, used for business purpose, that carry passengers for entertainment, including large people-carrying entertainment facilities of which the highest circulating speed designed is faster than or equal to 2m/s, or of which the operation height is 2m or more higher than the ground. Special equipment shall include the affiliated safety attachments, safety protection settings and the facilities relating to the safety protection settings. Article 89. The measures for the administration of safety supervision over the designing, installment and use of pressure pipelines shall be formulated by the State Council separately. Article 90. Inspection and testing institutions shall follow the relevant provisions of the state in collecting charges for inspection and testing carried out in accordance with these Regulations. Article 91. These Regulations shall come into force on June 1, 2003. The Interim Regulations on Safety Supervision over Boilers and Pressure Vessels promulgated by the State Council on February 6, 1982 shall be repealed at the same time. |
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