[Interpretation of the Special Equipment Safety Law] Article 40

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Article 40: The users of special equipment shall, in accordance with the requirements of safety technical specifications, submit an application for a regular inspection to the special equipment inspection agency one month before the expiration of the valid period of the inspection results. Upon receiving a request for periodic inspection, the special equipment inspection agency shall conduct safety performance inspections in a timely manner in accordance with the requirements of the safety technical specifications. The user of special equipment shall place the regular inspection mark in a prominent position on such equipment. Special equipment that has not undergone regular inspections or has failed such inspections shall not be used any further. Interpretation of the provision: This article deals with the regulations regarding periodic inspections. 1. The users of special equipment shall apply for regular inspections one month before the expiration of the valid period for the equipment’s inspection results. A regular inspection refers to the periodic verification of whether the safety performance of the special equipment meets the relevant safety technical specifications. Carrying out regular inspections of special equipment in use is an important system for the safety supervision and management of such equipment, and it is a necessary measure to ensure its safe use. During operation, all special equipment develop new problems over time due to corrosion, fatigue, and wear, or existing issues that were previously acceptable gradually worsen, creating potential hazards for accidents. Regular inspections allow these problems to be detected in a timely manner, so that measures can be taken to address them and ensure that the special equipment can continue to operate until the next inspection cycle. The users of special equipment shall, in accordance with the requirements of safety technical specifications, submit a request for periodic inspection to a special equipment inspection agency with the appropriate qualifications within their jurisdiction one month before the expiration of the valid period of the inspection results. During use, special equipment can develop new defects such as cracks and corrosion, as well as issues with safety accessories and protective devices, due to factors like the environment and operating conditions. These problems can directly lead to accidents or increase the likelihood of such incidents. Based on the self-inspections, testing, and maintenance carried out by the using units, regular inspections enable further enhancement of the safety of special equipment and help to identify defects and problems in a timely manner. Appropriate measures can then be taken to eliminate potential accident risks, ensuring that such equipment remains at an acceptable level of safety and that the likelihood of accidents is kept within acceptable limits over the specified period. Based on the structure of special equipment and its mode of use, the safety technical specifications for inspection and testing specify the inspection intervals for such equipment; for example, boilers generally require inspection every two years, pressure vessels every three to six years, and elevators every year. Upon inspection, the date of the next inspection is indicated in the inspection report or certificate of conformity. It is highly necessary for this provision to require special equipment users to submit an application for regular inspection to the special equipment inspection agency one month before the expiration of the valid period of the inspection results. II. Periodic inspections must be carried out in accordance with the requirements of safety technical specifications. To ensure the quality of such inspections, and taking into account the characteristics of the equipment as well as the analysis of the causes of defects and accidents, the authorities responsible for supervising special equipment have established relevant safety technical specifications that outline inspection procedures, items to be inspected, inspection methods, procedures for dealing with defects, and inspection intervals. Inspection agencies, inspectors, and user units are all required to strictly abide by these specifications, which is also necessary to clarify responsibilities. III. The user of special equipment shall place the regular inspection mark in a prominent position on such equipment. The combination of the registration mark and the inspection approval mark serves as proof that the equipment is being used legally; by being placed in a prominent location, it alerts users (passengers) that the equipment can be used safely within its valid period. It serves as a reminder for the user ； At the same time, it serves as a notice to the safety supervision and management authorities to inform them whether the use of such equipment is legal. IV. Equipment that has not undergone regular inspections or has failed such inspections shall not be used any longer. To ensure the safe operation of special equipment, it is stipulated that such equipment must not be used if it has not undergone regular inspections or has failed them, which enhances the responsibilities of the entities that use this equipment and facilitates the proper conduct of regular inspections.