Special Equipment Safety Law of the People's Republic of China

Special Equipment Safety Law of the People's Republic of China Order of the President of the People's Republic of China (No. 4) The Special Equipment Safety Law of the People's Republic of China, as adopted at the 3rd session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on June 29, 2013, is hereby issued and shall come into force on January 1, 2014. President of the People's Republic of China: Xi Jinping June 29, 2013 Special Equipment Safety Law of the People's Republic of China (Adopted at the 3rd session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on June 29, 2013) Table of Contents Chapter I General Provisions Chapter II Production, Trading and Use Section 1 General Rules Section 2 Production Section 3 Trading Section 4 Use Chapter III Inspection and Testing Chapter IV Supervision and Administration Chapter V Emergency Rescue and Accident Investigation and Disposition Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated to strengthen work on the safety of special equipment, prevent special equipment accidents, protect personal and property safety, and promote economic and social development. Article 2 This Law shall apply to the production (including design, manufacture, installation, remodeling, and repair), trading, use, inspection, and testing of special equipment, as well as the safety supervision and administration of special equipment. For the purposes of this Law, “special equipment” means boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting machinery, passenger ropeways, large-scale amusement devices, and non-road motor vehicles, which pose a greater threat to personal and property safety, as well as other special equipment to which this Law is applicable as provided for by laws and administrative regulations. The state applies catalogue-based management to special equipment. The catalogue of special equipment shall be developed by the department responsible for special equipment safety supervision and administration under the State Council and submitted to the State Council for approval before implementation. Article 3 The special equipment safety work shall adhere to the principles of safety first, giving priority to prevention, energy conservation and environmental protection, and broad-based control. Article 4 The state conducts categorized and full-course safety supervision and administration of the production, trading, and use of special equipment. Article 5 The department responsible for special equipment safety supervision and administration under the State Council shall supervise and administer the safety of special equipment across the country. The departments responsible for special equipment safety supervision and administration of the local people's governments at or above the county level shall supervise and administer the safety of special equipment within their respective administrative regions. Article 6 The State Council and the local people's governments at all levels shall strengthen leadership of the special equipment safety work, and urge all relevant departments to perform their supervision and administration duties in accordance with law. The local people's governments at or above the county level shall establish coordination mechanisms to coordinate and address issues related to the supervision and administration of the safety of special equipment in a timely manner. Article 7 Entities producing, marketing or using special equipment (hereinafter referred to as special equipment producers, traders or users, respectively) shall comply with this Law and other relevant laws and regulations, establish and improve a safety and energy conservation accountability system for special equipment, strengthen the safety and energy conservation management of special equipment, and ensure safety in the production, trading and use of special equipment, as well as compliance with the energy conservation requirements. Article 8 The production, trading, use, inspection, and testing of special equipment shall comply with the technical specifications for the safety of special equipment and the relevant standards. The technical specifications for the safety of special equipment shall be developed by the department responsible for special equipment safety supervision and administration under the State Council. Article 9 The industry association for special equipment shall strengthen the industry's self-regulation, promote the building of a credit system of the industry, and improve the level of special equipment safety management. Article 10 The state supports science and technology research on the safety of special equipment, encourages the promotion and application of advanced technologies and advanced management approaches, and rewards entities and individuals with outstanding contributions. Article 11 Departments responsible for special equipment safety supervision and administration shall strengthen publicity and education regarding the safety of special equipment, popularize knowledge regarding the safety of special equipment, and improve the general public's awareness of safety of special equipment. Article 12 Any entity or individual shall have the right to report any illegal acts involving the safety of special equipment to the department responsible for special equipment safety supervision and administration and other relevant departments, and the departments receiving such reports shall process them in a timely manner. Chapter II Production, Trading and Use Section 1 General Rules Article 13 Special equipment producers, traders or users, as well as the primary persons in charge thereof, shall be responsible for the safety of special equipment produced, marketed or used by them. Special equipment producers, traders and users shall have special equipment safety management personnel, testing personnel and operating personnel according to the relevant state provisions, and provide necessary safety education and skill training for them. Article 14 Special equipment safety management personnel, testing personnel and operating personnel shall obtain corresponding qualifications according to the relevant state provisions before engaging in the relevant work. Special equipment safety management personnel, testing personnel and operating personnel shall strictly implement safety technical specifications and management rules to ensure the safety of special equipment. Article 15 Special equipment producers, traders or users shall conduct self-testing and maintenance of the special equipment produced, marketed or used by them, declare in a timely manner special equipment subject to inspection according to the relevant state provisions, and accept inspection. Article 16 Where any special equipment adopting any new material, new technology or new process fails to meet the requirements of safety technical specifications or, in the absence of such requirements, the new material, new technology or new process may have a significant impact on the safety performance of the special equipment, a declaration shall be filed with the department responsible for special equipment safety supervision and administration under the State Council, which shall, in a timely manner, authorize a safety technical consulting agency or any other relevant specialized agency to conduct a technical appraisal, and the special equipment may not be produced and used until the appraisal result is approved by the department responsible for special equipment safety supervision and administration under the State Council. The department responsible for special equipment safety supervision and administration under the State Council shall, in a timely manner, include the relevant technical requirements for the permitted new material, new technology or new process in the safety technical specifications. Article 17 The state encourages the purchase of liability insurance for the safety of special equipment. Section 2 Production Article 18 Under the principle of categorized supervision and administration, the state applies a licensing system to the production of special equipment. A special equipment producer shall meet the following conditions and be licensed by the department responsible for special equipment safety supervision and administration before production: (1) Having professional technical personnel required by its production. (2) Having equipment, facilities and work places required by its production. (3) Having sound quality assurance, safety management and job responsibility rules. Article 19 A special equipment producer shall ensure that its production of special equipment complies with the requirements of safety technical specifications and relevant standards, and be responsible for the safety performance of the special equipment produced by it. Special equipment production entities may not produce special equipment that fails to meet safety performance requirements or energy efficiency requirements or special equipment that is expressly eliminated by the state. Article 20 Design papers for boilers, gas cylinders, oxygen chambers, passenger ropeways or large-scale amusement devices shall, before being used for manufacture, be verified by inspection agencies approved by the departments responsible for special equipment safety supervision and administration. Where any special equipment product or component, any trial-produced new special equipment product or component, or any new material adopted for special equipment is required by safety technical specifications to undergo safety validation through type test, the type test shall be conducted by an inspection agency approved by the department responsible for special equipment safety supervision and administration. Article 21 When special equipment leave factory, design papers, product quality compliance certificates, instructions for installation, use and maintenance, supervisory inspection certificates, and other relevant technical materials and documents as required by safety technical specifications shall be attached thereto, and a product nameplate and a safety warning sign with a caption shall be placed in a conspicuous position of the special equipment. Article 22 The installation, renovation and repair of an elevator must be conducted by the elevator manufacturer or an entity licensed in accordance with this Law as authorized by the elevator manufacturer. Where an elevator manufacturer authorizes another entity to install, renovate or repair an elevator, the elevator manufacturer shall provide safety guidance for and monitor the installation, renovation or repair, and conduct testing and adjustment according to the requirements of safety technical specifications. Elevator manufacturers shall be responsible for the safety performance of elevators. Article 23 A construction entity for the installation, renovation or repair of special equipment shall, before construction, notify in writing the department responsible for special equipment safety supervision and administration of the people's government of the municipality directly under the Central Government or the districted city of the installation, renovation or repair to be conducted. Article 24 After the installation, renovation or repair of special equipment is completed, the construction entity for the installation, renovation or repair shall transfer the relevant technical materials and documents to the special equipment user within 30 days after the acceptance check is passed. The special equipment user shall include such materials or documents in the safety technology file of the special equipment. Article 25 The manufacturing process of special equipment such as boilers, pressure vessels and pressure pipeline components and the installation, renovation or major repair process of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger ropeways and large-scale amusement devices shall be subject to supervisory inspection by special equipment inspection agencies according to the requirements of safety technical specifications; and those without undergoing the supervisory inspection or failing to pass the supervisory inspection may not leave factory or be delivered for use. Article 26 The state establishes a recall system for defective special equipment. Where any special equipment has an identical defect that poses a threat to safety for production reasons, the special equipment producer shall immediately stop the production and voluntarily recall the defective special equipment. Discovering that any special equipment should have been recalled, the department responsible for special equipment safety supervision and administration under the State Council shall order the special equipment producer to recall the special equipment. Section 3 Trading Article 27 Special equipment sold by special equipment sales entities (hereinafter referred to as “special equipment sellers”) shall comply with the safety technical specifications and relevant standards, and a complete set of relevant technical materials and documents, such as design papers, product quality compliance certificates, instructions for installation, use and maintenance, and supervisory inspection certificates, shall be attached thereto. Special equipment sellers shall establish an acceptance check and sales record system for special equipment. It shall be prohibited to sell special equipment produced without a permit, special equipment without undergoing inspection or failing to pass inspection, or special equipment expressly eliminated by the state or retired. Article 28 Special equipment leasing entities may not lease out any special equipment produced without a permit, any special equipment expressly eliminated by the state or retired, or any special equipment not maintained according to the requirements of safety technical specifications or without undergoing inspection or failing to pass inspection. Article 29 Special equipment leasing entities shall assume the obligations of managing the use of and maintaining special equipment during the leasing period, except as otherwise provided for by law or agreed on by the parties. Article 30 Imported special equipment shall comply with the requirements of safety technical specifications of China and pass inspection; and a special equipment production permit of China shall be obtained if it is so required. The technical materials and documents attached to imported special equipment shall comply with Article 21 of this Law, and the instructions for installation, use and maintenance, the nameplate, and the safety warning sign with a caption shall be in Chinese. The import and export inspection of special equipment shall comply with laws and administrative regulations on the inspection of import and export commodities. Article 31 To import special equipment, the importer shall fulfill its obligation of prior notification of the department responsible for special equipment safety supervision and administration at the place of import. Section 4 Use Article 32 Special equipment users shall use special equipment produced with a permit and passing inspection. It shall be prohibited to use special equipment expressly eliminated by the state or retired. Article 33 Special equipment users shall, before or within 30 days after putting special equipment to use, register the use with the department responsible for special equipment safety supervision and administration, obtain a use registration certificate, and place the registration mark in a conspicuous position of the special equipment. Article 34 Special equipment users shall establish job responsibility, potential risk control, emergency rescue, and other safety management rules, and formulate operating procedures to ensure the safe operation of special equipment. Article 35 Special equipment users shall establish safety technology files for special equipment. Such files shall include the following: (1) Design papers, product quality compliance certificates, instructions for installation, use and maintenance, supervisory inspection certificates, and other relevant technical materials and documents. (2) Records of regular inspection and regular self-check of special equipment. (3) Records of routine operation of special equipment. (4) Records of maintenance of special equipment and ancillary instruments and meters. (5) Records of operation failures and accidents of special equipment. Article 36 Entities operating or using elevators, passenger ropeways, large-scale amusement devices, and other special equipment serving the general public shall be responsible for the operation safety of such equipment, and establish a special equipment safety management body or have full-time special equipment safety management personnel. Other special equipment users shall, according to the actual circumstances, establish a special equipment safety management body or have full-time or part-time special equipment safety management personnel. Article 37 The use of special equipment shall meet the safety distance and safety protection measure requirements. Buildings and ancillary facilities related to the safety of special equipment shall comply with the provisions of relevant laws and administrative regulations. Article 38 For co-owned special equipment, the co-owners may entrust a property service provider or any other manager with the management of the special equipment, and the entrusted party shall fulfill the obligations of special equipment users as set forth in this Law and assume corresponding responsibilities. In the absence of such entrustment, the co-owners or the actual manager shall fulfill the management obligations and assume corresponding responsibilities. Article 39 Special equipment users shall conduct routine maintenance and regular self-check of the special equipment used by them, and keep records thereof. Special equipment users shall regularly check and repair the safety accessories and safety protection devices of the special equipment used by them, and keep records thereof. Article 40 A special equipment user shall, according to the requirements of safety technical specifications, file a request for regular inspection with a special equipment inspection agency one month before the period of validity of its inspection certificate expires. After receiving the request, the special equipment inspection agency shall conduct safety performance inspection in a timely manner according to the safety technical specifications. ......