[Interpretation of the Special Equipment Safety Law] Article 49

Thread Content

Article 49 Mobile pressure vessels and gas cylinder filling units shall meet the following conditions and obtain permission from the department responsible for the safety supervision and management of special equipment before they can engage in filling activities: (1) They shall have management personnel and technical staff suitable for filling operations and management； (II) It shall have filling equipment, testing methods, premises and factories, instruments, and safety facilities suitable for filling and management ； (III) It has a sound filling management system, responsibility system, and handling measures. Filling units shall establish inspection and recording systems before and after filling, and it is prohibited to fill mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications. Cylinder filling units shall supply gas users with cylinders that meet the requirements of safety technical specifications, provide guidance to those users on the safe use of cylinders, carry out registration for cylinder use in accordance with the requirements of safety technical specifications, and promptly apply for regular inspections. Interpretation of the provisions: This article sets out the requirements and obligations that mobile pressure vessels and gas cylinder filling units must meet. I. Concepts related to the filling activities of mobile pressure vessels and gas cylinders
Filling activities for mobile pressure vessels refer to the process of using specialized filling equipment to transfer compressed gases or liquefied gases stored in fixed containers or gas generation units into various types of rail tank cars, road tankers, tube trailers, tank containers, and bundle-type containers. Cylinder filling is the process of using specialized filling equipment to fill compressed gases, liquefied gases, and dissolved gases stored in fixed-pressure containers or gas generation devices into various types of cylinders. A gas cylinder is a container for gases; the entity responsible for filling it is the unit that uses the cylinder, and filling is part of the process of using the cylinder. The safety of gas cylinders must be ensured by the entity that performs the filling. Taking the filling of liquefied petroleum gas cylinders as an example, the units that fill these cylinders are the entities that use them; businesses or individuals such as restaurants that purchase and consume liquefied petroleum gas are the users of it. LPG cylinder filling units shall be responsible for the safety of the cylinders and provide guidance to LPG users on the safe use of these cylinders. The purpose of regulating the filling of mobile pressure vessels is to prevent accidents involving these vessels during and after filling, thereby ensuring public safety. The process of transferring liquefied gases from fixed, atmospheric (or low-pressure) vessels into mobile pressure vessels by using compressors or pumps is essentially no different from transferring such gases from fixed pressure vessels or gas generation units into mobile pressure vessels. Therefore, when liquefied gas in an atmospheric-pressure (low-pressure) vessel is pressurized and then filled into a mobile pressure vessel, as long as the pressure inside the mobile pressure vessel is greater than or equal to the specified value, this process should be regarded as a filling operation for mobile pressure vessels. Entities engaged in such operations must obtain a permit for filling mobile pressure vessels and comply with relevant regulatory requirements. II. Regarding filling permits: Units that fill mobile pressure vessels and gas cylinders must obtain permission from the department responsible for the safety supervision and management of special equipment in order to carry out such filling activities. At present, this licensing task is carried out by the provincial quality and technical supervision departments. Mobile pressure vessels and gas cylinder filling units shall submit a written application for filling permits to the provincial quality and technical supervision department. Upon review, those found to meet the requirements will be issued a filling license by the provincial quality and technical supervision department. Those who have not obtained a filling permit shall not engage in the filling of mobile pressure vessels or gas cylinders. In accordance with the requirements of this law, mobile pressure vessel and gas cylinder filling units must meet the following conditions: (1) They must have management personnel and technical staff suitable for filling operations and management. Personnel are the main actors in carrying out various activities; for mobile pressure vessel and gas cylinder filling units, having a sufficient number of personnel possessing the necessary knowledge of filling procedures and management skills is a fundamental requirement for ensuring that filling operations are conducted safely and efficiently. (II) Management personnel related to filling and management refer to those who exercise management functions in the filling unit, and direct or coordinate others to carry out specific tasks. Generally includes: 1. Person in charge of the unit. The person in charge of the unit shall be familiar with the regulations, rules, safety technical specifications, and relevant standards related to the safe management of medium filling, possess the necessary knowledge regarding the characteristics of the filling process and safety management in this area, and be responsible for the safety of the filling unit. 2. Technical lead. The technical supervisor should hold a certain technical title, be familiar with the laws, regulations, rules, safety technical specifications, and relevant standard requirements related to the filling of media, possess professional technical knowledge regarding the filling of media as well as general knowledge of pressure vessels, be aware of the filling processes and current practices at the filling unit, understand the unit’s safety management systems, have the ability to organize, coordinate, and handle routine technical issues, be familiar with the emergency response plans for accidents at the filling unit, and possess the capability to deal with accidents. 3. Safety management personnel (or safety officers). Safety management personnel can work full-time or part-time; they are primarily responsible for the safety management and inspections within the filling unit. Such personnel should be familiar with the basic knowledge of the substances filled at the unit as well as relevant safety principles, aware of the filling processes and their current state, knowledgeable about the unit’s safety management systems and emergency response plans, competent in handling common accidents that occur at the unit, and familiar with the procedures and requirements for reporting accidents. Technicians related to filling and management refer to those who possess certain technical skills and carry out relevant technical tasks under the arrangement and supervision of the management personnel at the filling facilities. Generally includes: personnel related to the roots 1. Filling personnel. It is generally required that filling units have no fewer than 4 staff members for filling tasks, with at least 2 persons per shift. Filling operators must obtain a “Special Equipment Operator Certificate” for the respective filling operations they perform. They should be familiar with laws, regulations, safety technical specifications, and relevant standards pertaining to medium filling; possess basic knowledge regarding the media being filled and pressure vessels; be aware of the specific requirements regarding the quantity of medium to be filled; be well-versed in the performance of filling equipment and its safe operating procedures; master filling techniques; and know how to handle common accidents that may occur at filling facilities. 2. Inspectors. Generally, it is required that the filling unit have no fewer than 2 inspectors, with at least one per shift. Inspectors must obtain the “Special Equipment Operator Certificate” for the respective filling operations they perform. They should be familiar with laws, regulations, safety technical specifications, and relevant standards pertaining to medium filling. They must also possess professional technical knowledge regarding the filling of media by filling units, as well as general knowledge about pressure vessels. Additionally, they should be proficient in the key inspection points and methods before and after filling, and use inspection tools correctly. 3. Laboratory technicians. When safety technical specifications and relevant standards impose requirements on the filling medium, the filling unit shall assign laboratory personnel suitable for that medium, and such personnel must be able to skillfully test and analyze the components of the medium. (II) It shall have filling equipment, testing methods, premises and factories, instruments, and safety facilities suitable for filling and management. 1. Filling equipment. Filling equipment suitable for filling and management refers to gas (liquid) filling machines, compressors, pumps, and related auxiliary equipment that are matched to the type of filling medium and the objects to be filled. It generally includes connected pipelines, fittings, weighing devices, overfill cut-off devices, overfill alarm devices, cooling spray systems, and so on. 2. Detection methods. Testing methods appropriate for filling and management mean that filling facilities must, in accordance with relevant safety technical specifications and standards, be equipped with analytical testing instruments and facilities suitable for the filling media. For example, gas cylinder filling units that produce hydrogen and oxygen by electrolysis should be equipped with chemical analysis instruments for determining the purity of hydrogen and oxygen. 3. Site and factory building. Facilities and buildings suitable for filling and management include dedicated filling areas, as well as areas for conducting safety inspections before and after filling. The filling site is directly related to the type of filling unit and the properties of the medium being filled. For example, a filling site for railway tank cars should have dedicated railway loading and unloading tracks; its design, construction, and operation must not only comply with relevant safety technical specifications and standards but also meet the regulations set by the railway transportation authorities under the State Council ； For filling units that handle flammable and explosive substances, the fire separation distances and barriers between the filling area and the substance storage areas, as well as between those areas and the pump rooms, must comply with relevant fire safety regulations. 4. Appliances. The original equipment suitable for filling and management includes medium analysis and detection devices, pressure measuring instruments, temperature measuring instruments, weighing scales, and concentration alarm devices that are compatible with the medium. These measuring instruments must be sensitive and reliable, be properly arranged, and be regularly calibrated as required. 5. Safety facilities. The safety facilities required for filling and management mainly include ventilation facilities, sunshade facilities, fire-fighting facilities, anti-static facilities, lightning protection facilities, and emergency shut-off devices for the filling system, etc. The filling unit should install the necessary safety facilities in accordance with the requirements of relevant safety technical specifications and standards, taking into account the category of the filling unit and the properties of the medium being filled. Ventilation facilities refer to ventilation systems with sufficient capacity installed at the filling site, in order to prevent the formation of hazardous substances or toxic gases, as well as to avoid conditions of oxygen excess or oxygen deficiency. Shading devices are implemented through architectural means, utilizing appropriate materials and structures to block direct sunlight from reaching the filling medium, thereby preventing temperature rises caused by thermal radiation. Fire protection facilities include appropriate fire-fighting equipment that has passed fire safety inspections, as well as necessary safety warning signs. For filling facilities that handle flammable, explosive, or oxidizing media, the filling system must be equipped with electrostatic grounding facilities and electrostatic grounding alarms. A device for discharging static electricity from the human body shall be installed at the entrance of such facilities. Their lightning protection design must comply with the requirements of GB50057 “Code for Design of Lightning Protection of Buildings”. (III) It shall have sound filling management systems, responsibility systems, and handling measures. 1. Filling units shall have sound filling management systems and responsibility systems. It generally includes: safety management systems that cover aspects such as safe production, safety inspections, and safety education ； Safety responsibility system, including the system for controlling key points in the loading and unloading process through safety monitoring and inspections ； Post responsibility systems for various types of personnel ； Training and assessment system for various types of personnel ； Management system for safety technical archives of special equipment ； Systems for the daily maintenance, regular inspections, and periodic testing of special equipment ； System for regular calibration and maintenance of safety accessories for special equipment, pressure-bearing accessories, safety protection devices, measurement and control devices, as well as related instruments and meters ； Regular calibration system for measuring instruments ； System for Special Equipment Operators to Work with Certificates ； Filling data management system, etc. 2. The filling unit shall establish sound handling measures. Including a regular drill system for accident emergency response plans ； Accident handling and reporting system ； Quality information processing feedback systems, etc. III. Filling units shall establish inspection and recording systems before and after filling. Units that are responsible for filling mobile pressure vessels and gas cylinders bear the primary responsibility for ensuring the safety of such filling operations. They are obliged to establish comprehensive safety management systems in accordance with safety technical specifications and relevant standards, as well as to develop strict operating procedures for filling tasks. These procedures should include guidelines for inspections before and after filling, and they must ensure that inspections of the containers being filled and the filling equipment are carried out, with records kept to eliminate potential safety hazards resulting from incorrect, mixed, or excessive filling, thereby preventing safety risks caused by the failure of filling equipment. Filling of mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications is prohibited. IV. Obligations of gas cylinder filling units Gas cylinders are containers for storing gases, and the entities that fill these cylinders are the ones that use them; therefore, it is the responsibility of these filling units to ensure the safety of the gas cylinders. To ensure the safe use and supervision of gas cylinders, this provision stipulates that in addition to supplying gas users with cylinders that meet the requirements of safety technical specifications, providing guidance on the safe use of such cylinders, registering their use in accordance with those specifications, and promptly submitting applications for regular inspections, cylinder filling units must also fulfill the following specific obligations as required by this law and current safety technical specifications: 1. Supplying cylinders to gas consumers and assuming full responsibility for their safety, including taking care of their maintenance, upkeep, and the application of color markings. 2. In accordance with the provisions of safety technical specifications and relevant standards, it is responsible for conducting inspections prior to cylinder filling as well as keeping records of such fillings, and is accountable for the safety of cylinder filling. 3. Responsible for training filling personnel and those who conduct pre-filling inspections on topics such as the properties of gases, basic knowledge of gas cylinders, potential hazards, and emergency response measures. 4. Responsible for informing gas consumers about safe usage practices and the relevant safety warnings, as well as for attaching warning labels and filling labels that comply with safety technical specifications and relevant standards to the cylinders being filled. 5. Responsible for sending cylinders that have not been inspected on time for inspection, and delivering those that do not meet safety requirements to cylinder inspection units designated by quality supervision departments at the prefecture-level or above (including prefecture level) for disposal. 6. Cooperate with the investigation of gas cylinder safety accidents. 7. Ensure proper management of gas cylinders. Computer technology can be used to keep records of the cylinders that have been filled, and to apply signs at the filling station, assign numbers to the cylinders, and stamp them with the mark identifying the filling station. Before filling, the filling unit must have certified personnel inspect each gas cylinder individually to prevent incorrect or excessive filling. Cylinders that do not meet the relevant safety requirements must be dealt with. For gases that are not specified in the regulations or **standards, the company shall establish its own filling standards, and fill them according to the approved filling coefficients or filling pressures. After filling, the filling unit shall inspect each gas cylinder individually; if overfilling, incorrect filling, leakage, or other abnormalities are detected, they must be addressed promptly and properly. Gas cylinder filling units must ensure that the quality of the gas filled and the filling volume meet the requirements of relevant standards. 8. As required, report annually to the department responsible for the safety supervision and management of special equipment on the types and quantities of cylinders for which records are kept, the number of cylinders inspected during that year, the identifiers of the filling units, as well as any changes that occur throughout the year. The filling units for vehicle gas cylinders, breathing gas cylinders, fire extinguishing gas cylinders, and non-refillable gas cylinders shall fulfill the obligations specified in items 2, 3, 4, 6, and 7 above.