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Amended. Decree No. 549 of the State Council of the People’s Republic of China: The \"Decision of the State Council on Amending the Regulations on the Safety Supervision of Special Equipment\" was adopted at the 46th executive meeting of the State Council on January 14, 2009; it is hereby promulgated and shall come into force as of May 1, 2009. Prime Minister ** January 24, 2009 Decision of the State Council on Amending the Regulations on the Safety Supervision of Special Equipment The State Council decides to make the following amendments to the Regulations on the Safety Supervision of Special Equipment: 1. Paragraph 1 of Article 2 is amended to read: “Special equipment as referred to in these regulations denotes boilers, pressure vessels (including gas cylinders, the same hereinafter), pressure pipelines, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and specialized motor vehicles used within premises (factories), devices that are related to life safety and pose a high degree of risk.” ” II. Paragraph 2 of Article 3 is amended to read: “**The safety supervision of equipment, nuclear facilities, aerospace vehicles, railway locomotives, marine facilities and ships, as well as special equipment used in underground mines and specialized equipment for civil airports, is not governed by these regulations.” ” Paragraph 3 is revised to read: “The supervision and management of the installation and use of lifting machinery and specialized motor vehicles used at construction sites for housing construction and municipal engineering projects shall be carried out by the construction administrative department in accordance with the provisions of relevant laws and regulations.” ” III. Paragraph 1 of Article 5 is amended to read: “Special equipment production and use entities shall establish and improve safety and energy-saving management systems for special equipment, as well as post-specific safety and energy-saving responsibility systems.” ” The second paragraph is revised to read: “The principal responsible persons of special equipment production and use units shall be fully responsible for the safety and energy efficiency of the special equipment in their respective units.” ” IV. Add a paragraph as the second paragraph to Article 8: \"**Encourage the research, development, demonstration, and promotion of energy-saving technologies for special equipment, so as to foster innovation and application in such technologies.\" ” Add a new clause as the third one: “Units that produce and use special equipment, as well as institutions responsible for the inspection and testing of such equipment, shall ensure necessary investments in safety and energy efficiency.” ” Add a new item as the fourth one: “**Encourage the implementation of a liability insurance system for special equipment to enhance the capacity to compensate for accidents.**” ” V. Paragraph 2 of Article 10 is amended to read: “Special equipment manufacturers are responsible for the safety performance and energy efficiency standards of the special equipment they produce; they shall not manufacture special equipment that does not meet the requirements regarding safety performance and energy efficiency, nor shall they manufacture special equipment that is explicitly designated for elimination under industrial policies.” ” VI. Paragraph 3 of Article 22 is amended to read: “Cylinder filling units shall supply gas users with cylinders that meet the requirements of safety technical specifications, provide guidance to users on the safe use of cylinders, handle the registration of cylinder use in accordance with the requirements of safety technical specifications, and specify the requirements for regular inspection of cylinders.” ” VII. Add an item as Item 6 to Article 26: “Energy efficiency test reports, records of energy consumption, and technical documents related to energy-saving renovations for high-energy-consuming special equipment.” ” VIII. Add a paragraph as the fourth paragraph to Article 27: “Boiler users shall carry out treatment of boiler water (medium) in accordance with the requirements of safety technical specifications, and shall undergo regular inspections of such water (medium) treatment conducted by special equipment inspection and testing agencies.” ” Add one additional item as the fifth: \"Units engaged in boiler cleaning shall carry out boiler cleaning in accordance with the requirements of safety technical specifications, and shall undergo supervision and inspection of the boiler cleaning process by specialized equipment inspection and testing agencies.\" ” IX. Add a paragraph as the second paragraph to Article 29: “If special equipment fails to meet the energy efficiency standards, the entity using such equipment shall take appropriate measures to make corrections. ” X. Delete Article 31. 11. Article 40 is renumbered as Article 39, and its first paragraph is amended to read: “Special equipment users shall provide safety and energy-saving education and training for personnel who operate special equipment, to ensure that such personnel possess the necessary knowledge regarding the safety and energy efficiency of special equipment.” ” 12. Article 49 is renumbered as Article 48, and is amended to read: “When special equipment inspection and testing institutions conduct inspections and tests on such equipment and discover serious potential accident hazards or excessive energy consumption, they shall promptly inform the users of the special equipment and immediately report to the department in charge of supervision and management of special equipment safety.” ” 13. Article 53 is renumbered as Article 52, and its first paragraph is amended to read: “The departments responsible for the safety supervision and management of special equipment, which carry out licensing, approval, and registration in accordance with the provisions of these regulations, shall examine relevant matters strictly in line with the conditions stipulated in these regulations as well as the requirements of safety technical standards.” ； Those that do not meet the conditions stipulated in these regulations and the requirements of safety technical specifications shall not be permitted, approved, or registered ； During the application and approval process, if the safety supervision and management department for special equipment discovers that the applicant is carrying out activities related to such equipment without a permit, or has forged permits or approval certificates, it will refuse to accept the application or grant the permit/approval, and will not consider any new applications for permits or approvals from that applicant for 1 year. ” Paragraph 3 is revised to read: “Those whose licenses are revoked in accordance with the provisions of these regulations shall not be granted new licenses by the special equipment safety supervision and management department within 3 years from the date of license revocation.” ” 14. Article 59 is renumbered as Article 58, and is amended to read: “When the department responsible for the safety supervision and management of special equipment conducts safety inspections on entities that produce or use such equipment, as well as on inspection and testing institutions, and discovers any violations of the provisions of these regulations or of the requirements set out in safety technical standards, or if the special equipment in use poses potential accident risks or fails to meet energy efficiency criteria, it shall issue a written order regarding safety inspections for special equipment, ordering the relevant entities to take timely measures to make corrections or eliminate those potential accident risks.” If emergency measures need to be taken in an emergency situation, a written notice shall be issued subsequently. ” 15. Delete Article 62. 16. Delete Article 63. 17. Add a new article as Article 61: “An accident is considered a particularly serious accident under any of the following circumstances: ‘(1) An accident involving special equipment results in 30 or more deaths, or 100 or more serious injuries (including acute industrial poisoning; the same applies hereafter), or direct economic losses of over 100 million yuan.” ； “(II) Explosions of boilers with a capacity of over 600 megawatts ； “(III) Leakage of toxic substances from pressure vessels and pressure pipelines, resulting in the evacuation of more than 150,000 people ； “(IV) In the case of cable cars for passenger transport or large amusement facilities, where 100 or more people are trapped at a high altitude for more than 48 hours. ” 18. Add a new article as Article 62: “An accident is considered a major accident under any of the following circumstances: ‘(1) An accident involving special equipment results in 10 to 30 deaths, or 50 to 100 serious injuries, or direct economic losses of between 50 million yuan and 100 million yuan.” ； “(II) Boilers of 600 megawatts or more that have been shut down due to safety failures for more than 240 hours ； “(III) Leakage of toxic substances from pressure vessels and pressure pipelines, resulting in the evacuation of more than 50,000 but less than 150,000 people ； “(IV) In the case of passenger cable cars and large amusement facilities, where more than 100 people are trapped at a height for a period of time ranging from 24 hours to 48 hours. ” 19. Add a new article as Article 63: “An accident is considered a major accident under any of the following circumstances: (1) An accident involving special equipment results in 3 to 10 deaths, or 10 to 50 serious injuries, or direct economic losses ranging from 10 million yuan to 50 million yuan.” ； “(II) Explosions of boilers, pressure vessels, and pressure pipelines ； “(III) Leakage of toxic substances from pressure vessels or pressure pipelines, resulting in the evacuation of more than 10,000 but less than 50,000 people ； “(IV) Overall overturning of lifting machinery ； “(5) People trapped at heights on passenger cable cars or large amusement rides for more than 12 hours. ” 20. Add a new article as Article 64: “An accident is considered a minor accident under any of the following circumstances: ‘(1) An accident involving special equipment results in 3 or fewer deaths, or 10 or fewer serious injuries, or direct economic losses ranging from 10,000 yuan to 10 million yuan.’” ； “(II) Leakage of toxic substances from pressure vessels or pressure pipelines, resulting in the evacuation of more than 500 but less than 10,000 people ； “(III) People trapped in the elevator car for more than 2 hours ； “(IV) Breakage of the main load-bearing structural components of the lifting machinery, or collapse of the lifting mechanism ； “(5) Persons trapped at a high altitude on a passenger cable car for more than 3.5 hours but less than 12 hours ； “(VI) Persons trapped at a height on large amusement rides for more than 1 hour but less than 12 hours. “In addition to the provisions of the preceding paragraph, the department under the State Council responsible for the safety supervision and management of special equipment may issue supplementary regulations regarding other circumstances of general accidents. ” 21. Add a new article as Article 65: “The department responsible for the safety supervision and management of special equipment shall formulate emergency response plans for such equipment.” Units using special equipment shall formulate specific emergency plans for accidents and conduct regular emergency drills. “In the event of an explosion or leakage in pressure vessels and pressure pipelines, it is necessary to take into account the properties of the medium during emergency rescue operations, and handle the situation strictly in accordance with the procedures specified in relevant plans to prevent secondary explosions. ” 22. Add a new article as Article 66: “After a special equipment accident occurs, the entity responsible for the accident shall immediately activate its emergency response plan, organize rescue efforts to prevent the accident from spreading, reduce casualties and property losses, and promptly report to the special equipment safety supervision and management departments at or above the county level in the location of the accident, as well as to the relevant departments.” “Upon receiving a report of an accident, the special equipment safety supervision and management departments at the county level or above shall promptly verify the relevant circumstances, immediately report to the local people’s ** government, and escalate the accident details at each level. If necessary, the department responsible for the safety supervision and management of special equipment may report accidents at a higher level. In the case of especially serious accidents or serious accidents, the department under the State Council responsible for the supervision and management of special equipment shall immediately report to the State Council and inform relevant departments such as the department under the State Council responsible for work safety supervision and management. ” 23. Add a new article as Article 67: “In the case of especially serious accidents, the State Council or the relevant departments authorized by the State Council shall organize an accident investigation team to conduct the investigation.” “In the case of major accidents, the department under the State Council responsible for the supervision and management of special equipment, in conjunction with relevant departments, shall organize an accident investigation team to conduct the investigation. “For major accidents, the special equipment safety supervision and management departments of provinces, autonomous regions, and municipalities directly under the Central Government, in conjunction with relevant departments, organize accident investigation teams to conduct investigations. “For ordinary accidents, the special equipment safety supervision and management department of the city divided into districts, in conjunction with relevant departments, forms an accident investigation team to conduct the investigation. ” 24. Add a new article as Article 68: “The accident investigation report shall be approved by the people’s ** government in the jurisdiction of the special equipment safety supervision and management department responsible for organizing the accident investigation, and filed with the higher-level special equipment safety supervision and management department.” “The relevant authorities shall, in accordance with the approval, impose administrative penalties on the units responsible for the accident and the relevant personnel, in line with the powers and procedures stipulated by laws and administrative regulations, and take disciplinary action against the **staff members who are responsible for the accident. ” 25. Add a new article as Article 69: “The department responsible for the safety supervision and management of special equipment shall, under the leadership of the relevant local people’s **, organize the investigation and handling of accidents involving special equipment.” “The local people **should support and cooperate with the higher-level authorities** or the departments responsible for the safety supervision and management of special equipment in their accident investigation and handling efforts, and provide the necessary facilities. ” 26. Add a new article as Article 70: “The department responsible for the safety supervision and management of special equipment shall analyze the causes of accidents, and evaluate the relevant safety technical specifications based on the management and technical characteristics of such equipment as well as the details of the accidents.” ； Where it is necessary to formulate or revise relevant safety technical specifications, such actions shall be carried out in a timely manner. ” 27. Article 72 is revised to Article 80; its first paragraph is amended to read: “Those who engage in the filling of mobile pressure vessels or gas cylinders without permission shall be banned by the department responsible for the safety supervision and management of special equipment, the illegally filled gas cylinders shall be confiscated, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed.” ； If there are illegal gains, such gains shall be confiscated ； Those who violate criminal laws shall have their criminal liability pursued in accordance with the provisions of the Criminal Law regarding the crime of illegal business operations or other crimes, against the responsible supervisors and other directly liable persons. ” Add another clause as the second one: \"If mobile pressure vessels or gas cylinder filling units carry out filling activities without complying with the requirements of safety technical specifications, the special equipment safety supervision and management department shall order them to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan\" ； In serious cases, their filling qualifications shall be revoked. ” 28. Add a new article as Article 82: “If a special equipment manufacturing unit or inspection and testing institution that has obtained permission or approval commits one of the following acts, the special equipment safety supervision and management department shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan” ； In cases of serious violations, their corresponding qualifications shall be revoked: \"(1) Failing to go through the procedures for changing the license in accordance with the requirements of safety technical specifications\" ； “(II) Continuing to engage in the production, inspection, and testing of special equipment when no longer meeting the requirements stipulated in these regulations or the safety technical specifications ； “(III) Failing to produce, inspect, or test special equipment in accordance with the provisions of these regulations or the requirements of safety technical specifications ； “(IV) Those who forge, alter, lease, lend, or transfer license certificates or supervision and inspection reports. ” 29. Article 74 is revised to Article 83, with an additional item added as Item 9: “Failing to treat the boiler water (medium) in accordance with the requirements of safety technical specifications”; an additional item is added as Item 10: “Special equipment failing to meet energy efficiency standards, without timely taking corresponding measures for rectification.” ” Add another clause as the second one: \"If a unit using special equipment orders such equipment manufactured by a unit that does not hold a production license, or if it uses non-pressure boilers or non-pressure vessels as pressure boilers or pressure vessels, the department responsible for the safety supervision and management of special equipment shall order it to cease using them, confiscate them, and impose a fine of between 20,000 yuan and 100,000 yuan.\" ” 30. Article 78 is renumbered as Article 87, and is amended to read: “In the event of an accident involving special equipment, if any of the following circumstances exist, the special equipment safety supervision and management department shall impose a fine on the entity ranging from 50,000 yuan to 200,000 yuan.” ； For the principal responsible persons, the special equipment safety supervision and management department shall impose a fine of not less than 4,000 yuan but not more than 20,000 yuan ； Those who are **staff members shall be subject to disciplinary action in accordance with the law** ； Those who violate criminal laws shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of serious liability accidents or other crimes: \"(1) If the person in charge of a unit that uses special equipment fails to organize rescue efforts immediately when an accident involving such equipment occurs in that unit, or leaves his post or absconds during the investigation and handling of the accident\" ； “(II) The person in charge of the entity that operates special equipment fails to report special equipment accidents, reports them falsely, or delays reporting them. ” 31. Add a new article as Article 88: “The units responsible for the occurrence of an accident shall be fined by the department in charge of safety supervision and management of special equipment in accordance with the following provisions: ’(1) In the case of a minor accident, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed.” ； “(II) In the event of a major accident, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed ； “(III) In the event of a major accident, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed. ” 32. Add a new article as Article 89: “If the principal responsible person of the entity liable for the occurrence of an accident fails to fulfill their duties in accordance with the law, thereby causing the accident, the special equipment safety supervision and management department shall impose a fine in accordance with the following provisions” ； It pertains to **staff members, and sanctions shall be imposed in accordance with the law** ； Those who violate criminal laws shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of serious liability accidents or other crimes: (1) In the case of an ordinary accident, a fine of 30% of the individual’s annual income from the previous year shall be imposed ； “(II) In the event of a major accident, a fine of 40% of the annual income of the previous year shall be imposed ； “(III) In the event of a major accident, a fine of 60% of the annual income of the previous year shall be imposed. ” 33. Article 86 is revised to Article 97, with an additional item added as Item 8: “Failing to report, underreporting, concealing, or falsely reporting an accident” ； ” Add an item as the ninth: “Those who obstruct accident rescue or accident investigation and handling.” ” 34. Article 87 is renumbered as Article 98, and a new paragraph is added as Paragraph 2: “If a unit responsible for the production or use of special equipment arbitrarily uses, exchanges, transfers, or damages such equipment or its main components that have been sealed up or seized, the department in charge of supervision and management of special equipment safety shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan.” ； In serious cases, their corresponding qualifications shall be revoked. ” 35. Add an item as the eighth item to Paragraph 1 of Article 99: “Special motor vehicles used within a site (factory) refer to special motor vehicles that are used solely in specific areas such as factory premises, tourist attractions, and amusement parks, other than those used on road traffic or for agricultural purposes.” ” 36. Add a new article as Article 101: “The department under the State Council responsible for the supervision and management of special equipment safety may authorize the departments responsible for such supervision and management in provinces, autonomous regions, and municipalities directly under the Central Government to handle the administrative licensing procedures related to special equipment as stipulated in these regulations; the specific measures shall be formulated by the department under the State Council responsible for the supervision and management of special equipment safety.” ” 37. Article 90 is renumbered as Article 102, and amended to read: “Fees shall be charged for administrative approvals and inspection and testing of special equipment in accordance with **relevant regulations.” ” In addition, corresponding adjustments and revisions were made to the order of the clauses and some of the text. This decision shall come into effect as of May 1, 2009. The Regulations on the Safety Supervision of Special Equipment are revised accordingly in accordance with this decision and are reissued. This post was last edited by hw197358 on 2009-2-10 11:27.]