Regulations on Safety Supervision of Special Equipment (2009 Revision)

Regulations on Safety Supervision of Special Equipment (2009 Revision) Regulations on Safety Supervision of Special Equipment (Promulgated by Decree No.373 of the State Council of the People's Republic of China on March 11, 2003, and revised in accordance with the Decision of the State Council on Amending the Regulations on Safety Supervision of Special Equipment on January 24, 2009) Chapter Ⅰ General Provisions Article 1 These Regulations are formulated for the purpose of strengthening safety supervision of special equipment, preventing and reducing accidents, safeguarding people's lives and property, and promoting economic development. Article 2 The term "special equipment "in these Regulations means boilers, pressure vessels (including gas cylinders, the same below), pressure pipelines, elevators, lifting appliances, passenger ropeways, large amusement devices, and non-road vehicles, which relate to safety of human lives or have high risks. A catalogue of special equipment specified in the preceding paragraph shall be drawn up by the department of the State Council in charge of safety supervision and administration of special equipment (hereinafter referred to as the department of the State Council for safety supervision and administration of special equipment) and submitted to the State Council for approval before implementation. Article 3 Production (including design, manufacture, installation, alteration, maintenance and repair, the same 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 special equipment used for military equipment, nuclear facilities, aerospace vehicles, locomotives, offshore installations and ships, and special equipment used in underground mines and civil airports. Supervision and administration of the installation and service of lifting appliances and non-road vehicles used on housing construction sites and municipal engineering sites shall be exercised by the competent construction administrative departments in accordance with the provisions of the relevant laws and regulations. Article 4 The department of the State Council for safety supervision and administration of special equipment is responsible for safety supervision of special equipment throughout the country, and local departments in charge of safety supervision and 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 and administration of special equipment). Article 5 A unit producing or using special equipment shall establish a sound management system and a post-specific responsibility system for safety and energy conservation of special equipment. The principal responsible person of a unit producing or using special equipment shall assume overall responsibility for safety and energy conservation of special equipment of the unit. A unit producing or using special equipment and a special equipment inspection and testing institution shall accept safety supervision of special equipment exercised by the department for safety supervision and administration of special equipment in accordance with law. Article 6 A special equipment inspection and testing institution shall, in accordance with the provisions of these Regulations, conduct inspection and testing work and 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 and administration of special equipment to perform their safety supervision duties in accordance with law, give them support, and in a timely manner, coordinate and resolve major problems arising from safety supervision of special equipment. Article 8 The State encourages application of scientific management methods and advanced technologies to upgrade the safety performance of special equipment and the management level, and to enhance the capability of units producing or using special equipment to prevent accidents, and rewards units and individuals that make outstanding achievements in this regard. The State encourages research, development, demonstration and widespread use of energy-saving technology for special equipment, and promotes renovation in and application of such technology. A unit producing or using special equipment and a special equipment inspection and testing institution shall guarantee necessary input in safety and energy conservation. The State encourages introduction of a liability insurance system for special equipment and strengthens the ability to compensate for the losses caused by accidents. Article 9 Any unit or individual shall have the right to report violations of these Regulations to the department for safety supervision and administration of special equipment, the administrative supervisory department, or any other relevant department. The department for safety supervision and 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 the reports on violations in production, service, inspection and testing of special equipment and handle them promptly. The department for safety supervision and administration of special equipment, the administrative supervisory department, and any other relevant department shall maintain the confidentiality of reporting persons and reward them 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 of the State Council for safety supervision and administration of special equipment (hereinafter referred to as the safety technical codes). A unit producing special equipment shall assume responsibility for the safety performance and energy efficiency index of special equipment produced by it, and shall not produce any special equipment that does not conform to the requirements on the safety performance or energy efficiency index, or any special equipment that is declared eliminated in the national industrial policies. Article 11 A unit designing pressure vessels may not design pressure vessels until it is licensed by the department of the State Council for safety supervision and administration of special equipment. 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 premises and equipment suitable for designing pressure vessels; and (3) having sound management and responsibility systems suitable for designing pressure vessels. Article 12 The design documents of boilers, gas cylinders that are included in pressure vessels (hereinafter referred to as gas cylinders), hyperbaric oxygen chambers, passenger ropeways, large amusement devices, and high energy-consuming special equipment may not be used for manufacture until they are appraised by an inspection and testing institution approved by the department of the State Council for safety supervision and administration of special equipment. Article 13 With respect to the products or parts of special equipment for which a type test shall be conducted as required by the safety technical codes, or the new products, parts or materials of special equipment subject to trial production, a type test and an energy efficiency testing must be conducted. Article 14 A unit 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, a unit manufacturing pipes, fittings, valves, flanges, compensators and safety protection devices used for pressure pipelines (hereinafter referred to as pressure pipeline components), and a unit manufacturing or altering non-road vehicles, may not conduct the corresponding activities until it is licensed by the department of the State Council for safety supervision and administration of special equipment. A unit manufacturing, installing or altering special equipment specified in the preceding paragraph shall meet the following conditions: (1) being staffed with professional technical personnel and skilled workers suitable for manufacturing, installing or altering such special equipment; (2) having production conditions and testing means suitable for manufacturing, installing or altering such special equipment; and (3) having a sound quality control system and a sound responsibility system. Article 15 Special equipment shall, upon being released from the manufacturer, be accompanied by the documents required by the safety technical codes, such as the design documents, the certificate of compliance, the manual on installation, service, maintenance and repair, and the supervision inspection certificate. Article 16 A unit maintaining and repairing boilers, pressure vessels, elevators, lifting appliances, passenger ropeways, large amusement devices or non-road vehicles shall be staffed with professional technical personnel and skilled workers suitable for maintenance and repair of special equipment, and have necessary testing means, and may not conduct maintenance and repair activities until it is licensed by the department for safety supervision and administration of special equipment of the province, autonomous region, or municipality directly under the Central Government. Article 17 Installation, alteration, maintenance or repair of boilers, pressure vessels, lifting appliances, passenger ropeways or large amusement devices, or alteration, maintenance or repair of non-road vehicles, must be conducted by a unit that is licensed in accordance with these Regulations. Installation, alteration, maintenance or repair of elevators must be conducted by an elevator manufacturer or by a unit that is licensed in accordance with these Regulations and commissioned through contract or permitted by an elevator manufacturer. An elevator manufacturer shall be responsible for the quality of elevators and the quality problems affecting safe operation of elevators. A unit conducting installation, alteration, maintenance or repair of special equipment shall, before commencing its work, inform in writing the department for safety supervision and administration of special equipment of the municipality directly under the Central Government or of the city divided into districts of the installation, alteration, maintenance or repair of special equipment to be conducted, and may commence its work thereafter. Article 18 Building of an elevator hoist way must conform to the quality requirements for civil engineering projects. In installation of an elevator, the installing unit shall abide by the safety requirements for construction sites and adopt measures for safety protection on sites. In installation of an elevator, the relevant departments shall exercise safety supervision of construction sites in accordance with the provisions of the relevant laws and administrative regulations. In installation of an elevator, the installing unit shall be subject to safety management of construction sites by the general contractor of the building project, and sign a contract whereby defining responsibilities for safety between them. Article 19 Manufacture, installation, alteration, maintenance and repair of elevators must be in strict conformity with the requirements of the safety technical codes. When commissioning or permitting another unit to conduct installation, alteration, maintenance or repair of an elevator, ail elevator manufacturer shall render safety guidance and monitoring to such activities. After completion of the installation, alteration, maintenance or repair of an elevator, the elevator manufacturer shall verify and debug the elevator as required by the safety technical codes and be responsible for the results of verification and debugging. Article 20 After completion of the installation, alteration, maintenance or repair of a boiler, pressure vessel, elevator, lifting appliance, passenger ropeway or large amusement device, or after completion of the alteration, maintenance or repair of a non-road vehicle, the unit conducting installation, alteration, maintenance or repair shall transfer the technical materials to the unit using the equipment within 30 days after inspection for acceptance and, in the case of high energy-consuming special equipment, submit an energy efficiency testing report as required by the safety technical codes. The unit using the equipment shall keep such materials and report in the safety technical file of such special equipment. Article 21 Manufacture of boilers, pressure vessels, pressure pipeline components, lifting appliances or large amusement devices, and installation, alteration or major maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways or large amusement devices, must be subject to the supervision inspection by inspection and testing institutions approved by the department of the State Council for safety supervision and administration of special equipment as required by the safety technical codes; those that fail to pass the supervision inspection shall not be released from the manufacturers or delivered for service. Article 22 A unit filling transportable pressure vessels or gas cylinders may not conduct the filling activities until it is licensed by the department for safety supervision and administration of special equipment of the province, autonomous region, or municipality directly under the Central Government. A filling unit shall meet the following conditions: (1) being staffed with managerial staff and technicians suitable for the filling and management; (2) having filling devices, testing means, premises, instruments and safety devices suitable for the filling and management; and (3) having a sound filling management system, a sound responsibility system and emergency measures. A unit filling gas cylinders shall provide gas users with gas cylinders that meet the requirements of the safety technical codes, guide gas users in safe service of gas cylinders, register the gas cylinders in service as required by the safety technical codes, and make a request for the periodic inspection of gas cylinders. Chapter Ⅲ Service of Special Equipment Article 23 A unit using special equipment shall ensure safe service of special equipment in strict accordance with these Regulations and the provisions of laws and administrative regulations on work safety. Article 24 A unit using special equipment shall use special equipment that meets the requirements of the safety technical codes. Before putting special equipment into service, a unit using such special equipment shall check whether the equipment is accompanied by the relevant documents specified in Article 15 of these Regulations. Article 25 Before putting special equipment into service or within 30 days after putting it into service, a unit using such special equipment shall register with the department for safety supervision and administration of special equipment of the municipality directly under the Central Government or of the city divided into districts. The registration mark shall be placed in or attached to a conspicuous position of such special equipment. Article 26 A unit using special equipment shall keep a safety technical file of special equipment. The safety technical file shall include the following: (1)the special equipment's design documents, manufacturer, 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 regular self-check records; (3) the special equipment's daily operation records; (4)the daily maintenance records of special equipment and its safety accessories, safety protection devices, measuring and controlling devices and auxiliary instruments and gauges; (5) the special equipment's breakdown and accident records; and (6) in the case of high energy-consuming special equipment, the energy efficiency testing report, the energy consumption records and the technical data for energy-saving alteration. Article 27 A unit using special equipment shall conduct frequent daily maintenance of, and regular self-check on, special equipment in service. A unit using special equipment shall conduct self-check on special equipment in service at least once a month and keep records of such self-check. If anything abnormal is found in self-check on or daily maintenance of special equipment in service, the unit using such special equipment shall deal with it in due time. A unit using special equipment shall regularly calibrate and repair safety accessories, safety protection devices, measuring and controlling devices, and auxiliary instruments and gauges of special equipment in service, and shall keep records of such calibration and repair. A unit using boilers shall, as required by the safety technical codes, treat the water (medium)used for its boilers, and accept the periodic inspection of the water (medium)quality by a special equipment inspection and testing institution. A boiler cleaning unit shall clean boilers as required by the safety technical codes and accept the supervision inspection of the cleaning process by a special equipment inspection and testing institution. Article 28 A unit using special equipment shall, as required by the safety technical codes for the periodic inspection, make a request for the periodic inspection to a special equipment inspection and testing institution one month before the period of validity of the last safety inspection expires. Upon receipt of 3 request for the periodic inspection, an inspection and testing institution shall, in a timely manner, conduct the safety performance inspection and the energy efficiency testing as required by the safety technical codes. Special equipment that has not been inspected periodically or fails to pass such inspection shall be suspended from service. Article 29 In case of a breakdown or abnormity of special equipment, the unit using such special equipment shall make an all-round check and eliminate any hidden danger before putting such special equipment into service anew. Where special equipment fails to conform to the energy efficiency index, the unit using such special equipment shall adopt necessary measures for rectification. Article 30 Where special equipment has a serious hidden danger of an accident, is not worthy of alteration, maintenance or repair, or exceeds the service life laid down in the safety technical codes, the unit using such special equipment shall scrap such special equipment in due time and shall cancel its registration with the department for safety supervision and administration of special equipment with which it originally registers. Article 31 Daily maintenance of elevators must be conducted by an installing, altering, maintaining or repairing unit that is licensed in accordance with these Regulations or by an elevator manufacturer. An elevator shall be cleaned, lubricated, adjusted and checked at least once every 15 days. Article 32 In maintenance of elevators, a unit conducting daily maintenance of elevators shall strictly comply with the requirements laid down in the safety technical codes of the State, guarantee the safety performance of elevators maintained by it, and implement the on-site safety protection measures to ensure work safety. A unit conducting daily maintenance of elevators shall be responsible for the safety performance of elevators maintained by it. Upon receipt of notice of a breakdown, the unit shall rush to the site at once and adopt necessary emergency and rescue measures. Article 33 A unit running special equipment for public service, such as elevators, passenger ropeways and large amusement devices, shall set up a special equipment safety management department or appoint full-time safety managers; a unit using other special equipment shall, on the basis of its own conditions, set up a special equipment safety management department or appoint full-time or part-time safety managers. Safety managers of special equipment shall make frequent checks on service of special equipment and handle the problems immediately upon discovery; in case of an emergency, they may decide to suspend such special equipment from service and promptly report the matter to the responsible person of the unit. Article 34 A unit running passenger ropeways or large amusement devices shall conduct trial operation of, and make a routine check on, such passenger ropeways or large amusement devices before putting them into service on each day, and shall check the reliability of their safety devices. A unit running elevators, passenger ropeways or large amusement devices shall place the safety instructions and warning marks thereof in a conspicuous position easily noticed by the passengers. Article 35 The principal responsible person of a unit running passenger ropeways or large amusement devices shall be well-versed in knowledge about the safety of passenger ropeways or large amusement devices and assume overall responsibility for safe service thereof. The principal responsible person of a unit running passenger ropeways or large amusement devices shall convene a meeting at least once a month to urge and check safe service of such passenger ropeways or large amusement devices. A unit running passenger ropeways or large amusement devices shall, by taking into consideration its own actual conditions, equip itself with an appropriate amount of rescue equipment and first-aid stuff. Article 36 Passengers of elevators, passenger ropeways or large amusement devices shall comply with safe operation instructions and follow direction of the relevant staff. Article 37 After an elevator is put into service, the elevator manufacturer shall conduct follow-up inquiries about safe operation of the elevator manufactured by it, make proposals to the unit conducting daily maintenance of the elevator or the unit using the elevator on resolving the problems in its safe operation and render necessary technical assistance. Upon discovery of a serious hidden danger of an accident, the elevator manufacturer shall make a timely report to the department for safety supervision and administration of special equipment. The elevator manufacturer shall keep records of information acquired in follow-up inquiries. Article 38 Operators and the relevant managerial staff of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways, large amusement devices or non-road vehicles (hereinafter referred to as special equipment operators)may not engage in corresponding operations or management until they, in......