[Interpretation of the Special Equipment Safety Law] Article 62

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Article 62: When, in the course of fulfilling their duties in accordance with the law, the departments responsible for the supervision and management of the safety of special equipment detect acts that violate the provisions of this Law and the requirements of safety technical standards, or identify potential accident hazards related to such equipment, they shall issue written orders regarding the safety inspection of those special equipment, ordering the relevant entities to take timely measures to rectify the situation or eliminate the potential accident hazards. If emergency measures are requested from the relevant entities in an emergency situation, a special equipment safety supervision order shall be issued subsequently. Interpretation of the Article: This article deals with the provisions regarding safety supervision directives for special equipment. In accordance with the provisions of this article, the departments responsible for the supervision and management of the safety of special equipment, in the course of fulfilling their duties in accordance with the law, generally discover violations of the provisions of this regulation during inspections and audits. For example, the operators of special equipment that serve the public, such as elevators, passenger cableways, and large-scale amusement facilities, fail to establish organizations for the management of special equipment safety or to assign full-time personnel responsible for such management ； Or if any violations of the requirements of safety technical specifications are detected, such as the boiler operator failing to treat the boiler water (medium) in accordance with the stipulations of those safety technical specifications ； Or when potential accident hazards are detected in special equipment, such as cracks appearing in the beams of lifting machinery, and so on. When any of the above situations is detected, the department responsible for the safety supervision and management of special equipment shall take the following measures: First, issue safety inspection directives for special equipment. Issuing such directives is a special approach used in the process of supervising the safety of special equipment; it is based on the high level of risk associated with these devices, and it is necessary to address any potential hazards promptly. As early as 1982, this special supervision and management approach tailored for special equipment was established. Decades of regulatory practice have also shown that carrying out safety inspections in this manner is effective. The content of the safety inspection order shall specify the law enforcement authority, the names of the law enforcement officers and their identification numbers, outline the problems identified or potential hazards present, and define the corrective actions required as well as the time limits for their implementation. The recipients of the safety supervision directives for special equipment are the manufacturers and users of such equipment, or the inspection and testing agencies. Only the departments responsible for the safety supervision and management of special equipment are entitled to issue instructions regarding the safety inspection of such equipment. Instructions for the safety supervision of special equipment shall be issued in writing. II. Order the relevant entities to take timely measures to make corrections or eliminate potential hazards. Generally, ordering such entities to make corrections is aimed at addressing situations where there are violations of the provisions of these regulations as well as violations of safety technical standards. For example, entities involved in the production, operation, and use of special equipment fail to appoint safety managers, inspectors, and operators in accordance with relevant regulations, nor do they provide them with the necessary safety education and skill training. Additionally, the manufacturing process of special equipment such as boilers, pressure vessels, and pressure pipeline components, as well as the installation, modification, and major repairs of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, are not subject to supervision and inspection by special equipment inspection agencies in line with safety technical standards. When this situation occurs and the necessary personnel are not available, it is generally required that such personnel be assigned within a specified time frame ； If no supervision inspection has been carried out, it is generally required to apply for a supervision inspection within the specified time limit. Relevant units are ordered to eliminate potential accident hazards, which mainly involves shutting down or modifying equipment that poses such risks, as well as removing any components that have been installed without authorization, and so on. III. In emergency situations, it is possible to request the relevant entities to take immediate action, but a written notice must be provided subsequently. An emergency situation generally refers to a condition in which there are factors that threaten the safety of the equipment, and failure to take action promptly could lead to an accident. For example, during inspections and supervision, it may be found that cracks have appeared in the furnace wall posing a risk of collapse, or that the crossbeams of the furnace frame are red-hot, which poses a serious threat to the safety of the boiler room and its equipment; if the furnace is not shut down immediately, an accident involving special equipment could occur. In such situations, where urgency prevents the issuance of safety inspection orders, and in order to avoid accidents and ensure the safety of production and daily life, this provision allows safety inspectors for special equipment to directly request the relevant entities to take corrective actions. For example, in the aforementioned situation, they can order an immediate shutdown of the equipment; however, a safety inspection order must be issued subsequently, with such an order generally having to be issued within three days.