Officials from the Legislative Affairs Office of the State Council and the **General Administration for Quality Supervision, Inspection and Quarantine answered journalists’ questions regarding the amendments to the Regulations on the Safety Supervision of Special Equipment. On January 24, 2009, the **Premier signed and issued the Decision on the Amendments. The Regulations on the Safety Supervision of Special Equipment were revised accordingly in accordance with this decision and republished. The newly revised Regulations on the Safety Supervision of Special Equipment (hereinafter referred to as the Regulations) will come into effect on May 1, 2009. In response to some questions of concern to the public, reporters interviewed officials from the Legislative Affairs Office of the State Council and the **General Administration for Quality Supervision, Inspection and Quarantine. I. Question: The Regulations on the Safety Supervision of Special Equipment have been in effect since June 1, 2003, and over the past five years, various sectors of society have reported good results; why is it necessary to make amendments? Answer: The Regulations on the Safety Supervision of Special Equipment is the first specialized law regarding the safety supervision and management of special equipment in China. This regulation establishes the basic system for safety supervision throughout the entire process of design, manufacturing, installation, modification, maintenance, use, and inspection of special equipment. Over the past 5 years, this regulation has played an important role in strengthening the safety management of special equipment, preventing and reducing accidents, and safeguarding the lives and property of the people. However, with the economic and social development of our country, the number of special equipment such as boilers, elevators, passenger cable cars, and large-scale amusement facilities has increased rapidly, leading to increasingly prominent issues regarding energy efficiency management and safety management. Article 16 of the Energy Conservation Law of the People’s Republic of China, which was revised at the 30th meeting of the Tenth National **** Conference on October 28, 2007, and came into effect on April 1, 2008, stipulates that: “For special equipment with high energy consumption, energy conservation reviews and supervision shall be carried out in accordance with the regulations of the State Council.” At the same time, in practice, the prevention, investigation, and handling of accidents involving special equipment differ significantly from those of ordinary production safety accidents; they require a high level of professionalism. Therefore, specific regulations are needed regarding the authorities responsible for investigating and handling such accidents, as well as the criteria for classifying them. Article 45 of the Regulations on the Reporting, Investigation, and Handling of Production Safety Accidents, which came into effect on June 1, 2007, stipulates: “Regarding the reporting, investigation, and handling of accidents of levels below particularly serious accidents, if there are other provisions in relevant laws, administrative regulations, or decisions by the State Council, such provisions shall apply.” ” Based on the actual circumstances of special equipment management, as well as these two laws and administrative regulations, it is necessary to amend the Regulations on Safety Supervision of Special Equipment, to clarify the relevant systems for investigating and handling accidents involving special equipment, and to implement and strengthen measures and systems aimed at energy conservation and emission reduction in the use of such equipment. II. Question: Regarding the issue you just mentioned, what are the main changes made to the regulations? Answer: First, in line with the requirements for energy conservation and emission reduction, regulations on energy management for high-energy-consuming special equipment have been added ; Second, to meet the practical needs of investigating accidents involving special equipment, relevant systems for classifying such accidents and conducting investigations have been added ; Third, in line with the principle of making administrative licensing convenient and efficient, some of the administrative licensing powers exercised by the State Council’s department responsible for the supervision and management of special equipment have been delegated to the departments responsible for such supervision and management at the provincial, autonomous region, and municipal levels ; Fourth, it includes the safety supervision of specialized motor vehicles used on site, the filling of mobile pressure vessels, and non-destructive testing of special equipment within the scope of regulation adjustments, and encourages the adoption of liability insurance for special equipment ; Fifth, further improve legal responsibilities and increase penalties for illegal acts. III. Question: The energy-saving management system for high-energy-consuming special equipment is an important part of this amendment to the regulations. What is the energy consumption situation of special equipment in China? What are the main provisions of the regulations in this regard? Answer: There is significant potential for energy conservation and emission reduction in special equipment. According to statistics, in 2007, the country consumed 2.58 billion tons of coal, of which 2.2 billion tons were used by boilers, accounting for 85.3%. Special equipment such as heat exchange pressure vessels and elevators also offers significant opportunities for energy savings. To meet the practical needs of energy conservation and emission reduction in special equipment, in accordance with Article 16 of the Energy Conservation Law of the People’s Republic of China, these regulations introduce provisions regarding the energy-saving management of special equipment at various stages such as design, manufacturing, use, and inspection. First, it stipulates that entities responsible for the production and use of special equipment must establish comprehensive systems for ensuring safety and energy efficiency, as well as systems to define responsibilities related to safety and energy conservation at each job position. At the same time, it is specified that the principal persons in charge of entities engaged in the production and use of special equipment shall be fully responsible for the safety and energy efficiency of such equipment within their respective entities. Secondly, given that energy conservation and emission reduction require technical and financial support, it is explicitly stated that **research, development, demonstration, and dissemination of energy-saving technologies for special equipment should be encouraged, in order to promote innovation and the application of such technologies; meanwhile, special equipment manufacturers, users, and inspection and testing agencies are required to make the necessary investments in safety and energy conservation. Third, strengthen the management of energy efficiency for special equipment at the production stage; stipulate that manufacturers of such equipment are responsible for the safety performance and energy efficiency standards of the equipment they produce, and are prohibited from manufacturing special equipment that does not meet these energy efficiency standards. Fourth, strict management of the entities that operate special equipment and the workers involved in their operation is required at the point of use. It is stipulated that such entities must provide safety and energy-saving education and training for the workers who operate special equipment, to ensure that they possess the necessary knowledge in these areas. Boiler users shall carry out treatment of the boiler water (medium) in accordance with the requirements of safety technical specifications, and undergo regular inspections of such water (medium) treatment conducted by special equipment inspection and testing agencies. 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 conducted by special equipment inspection and testing agencies. Fifth, it is necessary to strengthen the inspection, testing, and routine safety supervision of special equipment. Inspection and testing agencies for such equipment are required to, upon detecting cases of severe excess energy consumption, inform the units that use those devices promptly and report the situation immediately to the authorities responsible for the safety supervision of special equipment ; If the department responsible for the safety supervision and management of special equipment discovers that such equipment in use does not meet the energy efficiency standards, it shall issue instructions for safety inspection of special equipment, ordering the entity using it to make the necessary corrections promptly. IV. Question: What are the particularities of investigating accidents involving special equipment? What provisions does the regulation make regarding the classification and investigation of special equipment accidents? Answer: Special equipment, particularly elevators, large-scale amusement facilities, passenger cable cars, boilers, etc., are widely used in public places and crowded areas. In the event of an accident, they can often cause serious harm to the lives and health of people, as well as have negative social consequences; therefore, it is necessary to strengthen prevention measures and ensure prompt handling of such incidents. Given the professionalism required for the prevention, investigation, and handling of accidents involving special equipment, as well as the differences between such accidents and those in general production safety incidents, the regulations draw on proven practices from actual operations. In accordance with the Regulations on the Reporting, Investigation, and Handling of Production Safety Incidents, a separate chapter is added to address the prevention, investigation, and handling of accidents involving special equipment. First, based on factors such as the number of casualties, direct economic losses, duration of operational disruption, and the number of people affected by the accident, special equipment accidents are classified into four categories: extremely serious accidents, serious accidents, relatively serious accidents, and ordinary accidents. Secondly, in light of the characteristics of accidents involving special equipment, regulations have been established regarding emergency plans, emergency drills, as well as systems for accident analysis and assessment. It is required that entities using special equipment develop specific emergency plans for such accidents and conduct regular emergency drills. At the same time, the authorities responsible for the safety supervision and management of special equipment shall analyze the causes of accidents, and assess the relevant safety technical specifications based on the management and technical characteristics of such equipment as well as the details of the accidents ; Those that need to be formulated or revised should be done so in a timely manner. Third, improve the accident reporting system: it is stipulated that safety supervision and management departments for special equipment at the county level and above, upon receiving an accident report, must promptly verify the relevant circumstances, immediately report to the local people’s government, and escalate the accident details level by level; when necessary, they may report directly to higher authorities. Fourth, it specifies the entities responsible for accident investigations. In the case of especially serious accidents, the State Council or the relevant departments authorized by the State Council organize an accident investigation team to conduct the investigation; for serious accidents, the department in charge of special equipment safety supervision under the State Council, together with relevant departments, organizes such a team. For relatively serious accidents, the departments in charge of special equipment safety supervision in provinces, autonomous regions, and municipalities directly under the Central Government, together with relevant departments, organize the investigation. For ordinary accidents, it is the departments in charge of special equipment safety supervision in cities divided into districts that, together with relevant departments, organize the investigation. Fifth, it is stipulated that the accident investigation report must be approved by the people’s **government in the jurisdiction of the department responsible for organizing the accident investigation, and filed with the higher-level department in charge of special equipment safety supervision. 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. V. Question: What are the main amendments made by the regulations to improve legal responsibilities? Answer: Based on the implementation of administrative penalties for special equipment, the regulations have made improvements and modifications to the relevant legal responsibilities in the following areas: First, it strengthens the supervision subsequent to the issuance of administrative licenses for special equipment; for illegal acts committed by entities or individuals who have already obtained such licenses, administrative penalties in the form of revocation of those licenses have been introduced. Second, it has improved the legal responsibilities related to accidents involving special equipment, and increased the administrative penalties imposed on the entities that use such equipment or are responsible for such accidents, as well as their key officials. Thirdly, administrative penalties have been introduced for the illegal acts committed by entities involved in the production and use of special equipment, such as arbitrarily using, exchanging, transferring, or destroying the sealed or seized special equipment or its main components. Fourth, it explicitly stipulates that administrative penalties in the form of confiscation of the equipment in question and imposition of fines shall be imposed on those who use special equipment manufactured by units that do not hold production licenses, or who use non-pressure boilers and non-pressure vessels as pressure boilers and pressure vessels (commonly known as \"improvised boilers\" or \"improvised pressure vessels\"). In addition, the regulations also establish corresponding legal responsibilities for newly added provisions such as energy conservation management, licensing for filling mobile pressure vessels, and safety supervision of specialized motor vehicles used on site (in factories).
Here is http://www.gov.cn/zwgk/2009-02/06/content_1223647.htm: Decree No. 549 of the State Council of the People’s Republic of China, namely 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 now 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: “The special equipment referred to in these regulations includes 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 factories and premises, all of which are associated with life safety and pose high risks.” ” 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 equipment specific to 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 special 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 units shall establish and improve safety and energy-saving management systems for special equipment, as well as post-based 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: “Special equipment manufacturers, users, and inspection and testing agencies for special equipment shall ensure necessary investments in safety and energy efficiency.” ” Add one more item as the fourth: “**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 phasing out 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 users with guidance 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 upgrades 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 another clause as the fifth one: \"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 special equipment inspection and testing institutions.\" ” 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 such equipment, to ensure that they possess the necessary knowledge in these areas.” ” 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 units that use the special equipment and immediately report to the department responsible for the supervision and management of special equipment safety.” ” 13. Article 53 is renumbered as Article 52, and its first paragraph is amended to read: “The department responsible for the safety supervision and management of special equipment, which conducts 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 engaged in 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 accepted by the special equipment safety supervision and management department for new license applications 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 standards, it shall issue a written order regarding safety inspections of 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, 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 shall be 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 passenger cable cars and 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 or pressure pipelines, resulting in the evacuation of more than 50,000 but less 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 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: “In any of the following circumstances, it shall be considered a minor accident: ‘(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 supervision and management of special equipment safety 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 at which the accident takes place 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 and above shall promptly verify the relevant circumstances, immediately report to the local people’s ** government, and ascend the accident details level by level. If necessary, the safety supervision and management department for special equipment may report accidents at a higher level. In the case of especially serious accidents or serious accidents, the department responsible for the supervision and management of special equipment under the State Council shall immediately report to the State Council and inform relevant departments such as the department responsible for work safety supervision and management under the State Council. ” 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 renumbered as 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 from such activities 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”; another 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 supervision and management of safety in the use of special equipment shall order it to cease using such equipment, confiscate it, and impose a fine of between 20,000 yuan and 100,000 yuan.\" ” 30. Article 78 is revised to Article 87, and is amended to read: “In the event of an accident involving special equipment, if any of the following circumstances occur, 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 person, 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 unit 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 unit liable for the occurrence of an accident fails to perform 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 annual income of 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 amended 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 safety supervision and management of special equipment 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 promulgated anew. This post was last edited by etsen on 2009-2-7 18:36]
Regulations on the 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; amended in accordance with the Decision of the State Council on Amending the Regulations on the Safety Supervision of Special Equipment dated January 24, 2009) Chapter I General Provisions Article 1 These regulations are formulated in order to strengthen the safety supervision of special equipment, prevent and reduce accidents, protect the lives and property of the people, and promote economic development. Article 2: The special equipment referred to in these regulations includes 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), all of which are associated with life safety and pose a high degree of risk. The list of special equipment mentioned in the preceding paragraph shall be formulated by the department of the State Council responsible for the safety supervision and management of special equipment (hereinafter referred to as the State Council’s department for safety supervision and management of special equipment), and shall come into force after being approved by the State Council. Article 3: The production (including design, manufacturing, installation, modification, and maintenance; the same hereinafter), use, inspection, testing, as well as supervision and inspection of special equipment shall comply with these Regulations, unless otherwise provided in these Regulations. **These regulations do not apply to 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. The supervision and management of the installation and use of lifting machinery at building construction sites and municipal engineering sites, as well as of special motor vehicles used on such sites, are carried out by the construction administration authorities in accordance with the relevant laws and regulations. Article 4: The department under the State Council responsible for the supervision and management of special equipment safety is in charge of safety inspections of special equipment across the country. The departments responsible for the supervision and management of special equipment safety at the county level and above carry out such inspections within their respective administrative regions (hereinafter collectively referred to as the departments responsible for the supervision and management of special equipment safety). Article 5 Production and usage units of special equipment shall establish and improve safety and energy-saving management systems for such equipment, as well as post-specific safety and energy-saving responsibility systems. The principal persons in charge of entities that produce or use special equipment shall be fully responsible for the safety and energy efficiency of such equipment within their respective entities. Special equipment manufacturers, users, and inspection and testing institutions for special equipment shall submit to the safety supervision and management authorities for special equipment regarding the safety inspections carried out in accordance with the law. Article 6 Special equipment inspection and testing institutions shall carry out inspection and testing work in accordance with the provisions of these regulations, and shall bear legal responsibility for their inspection and testing results as well as their assessment conclusions. Article 7 People’s governments at the county level and above shall supervise and support the departments responsible for the safety supervision and management of special equipment in fulfilling their safety inspection duties in accordance with the law, and promptly coordinate and resolve any major issues that arise in the safety inspection of such equipment. Article 8 **It is encouraged to adopt scientific management methods and advanced technologies in order to improve the safety performance and management level of special equipment, as well as to enhance the ability of entities responsible for the production and use of such equipment to prevent accidents. Rewards shall be given to those entities and individuals that achieve significant results. **Encourage the research, development, demonstration, and dissemination of energy-saving technologies for special equipment, in order to promote innovation and application of such technologies. Special equipment manufacturers, users, and inspection and testing institutions for special equipment shall ensure the necessary investment in safety and energy conservation. **Encourage the implementation of a liability insurance system for special equipment to enhance the capacity to compensate for accidents. Article 9: Any organization or individual has the right to report any acts that violate the provisions of these regulations to the departments responsible for the safety supervision and management of special equipment, as well as to other relevant departments such as those in charge of administrative oversight. The departments responsible for the safety supervision and management of special equipment shall establish a system for reporting violations related to the safety of such equipment, publish telephone numbers, mailboxes, or email addresses for reporting purposes, accept reports of illegal activities in the production, use, and inspection of special equipment, and handle them promptly. The departments responsible for the safety supervision and management of special equipment, as well as relevant departments such as those in charge of administrative oversight, shall keep the identity of whistleblowers confidential and provide rewards in accordance with **relevant regulations. Chapter 2 Production of Special Equipment Article 10 Special equipment manufacturing units shall carry out their production activities in accordance with the provisions of these regulations as well as the safety technical specifications formulated and published by the state council’s department responsible for the supervision and management of special equipment safety (hereinafter referred to as safety technical specifications). Special equipment manufacturing units 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 these safety performance requirements and energy efficiency standards, nor shall they produce special equipment that is explicitly designated for elimination under industrial policies. Article 11: Design units for pressure vessels shall obtain permission from the department in charge of special equipment safety supervision and management under the State Council before engaging in the design of pressure vessels. The design unit for pressure vessels shall meet the following requirements: (1) It shall have designers and design reviewers qualified for the design of pressure vessels ; (II) There are premises and equipment suitable for the design of pressure vessels ; (III) There are sound management and responsibility systems appropriate for the design of pressure vessels. Article 12: The design documents for boilers, pressure vessels including gas cylinders (hereinafter referred to as gas cylinders), oxygen chambers, passenger cableways, large-scale amusement facilities, and other special equipment with high energy consumption must be evaluated by inspection and testing institutions approved by the special equipment safety supervision and management department of the State Council before they can be used for manufacturing. Article 13 Special equipment products, components that require type testing in accordance with the requirements of safety technical specifications, as well as newly developed special equipment products, components, and materials, must undergo type testing and energy efficiency testing. Article 14: Units that manufacture, install, or modify boilers, pressure vessels, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, as well as their safety accessories and protective devices, as well as units that manufacture pipes, fittings, valves, flanges, compensators, and protective devices for pressure pipelines (hereinafter referred to as pressure pipeline components), as well as units that manufacture or modify special motor vehicles used within factories or plants, must obtain permission from the department under the State Council responsible for the supervision and management of special equipment in order to carry out such activities. The entities responsible for the manufacturing, installation, and modification of special equipment as mentioned in the preceding paragraph shall meet the following conditions: (1) They must have professional technical personnel and skilled workers competent for the manufacturing, installation, and modification of special equipment ; (II) Possess production conditions and testing methods suitable for the manufacturing, installation, and modification of special equipment ; (III) It has a sound quality management system and responsibility system. Article 15: When special equipment leaves the factory, it shall be accompanied by documents such as design files required by safety technical specifications, product quality certification, installation and operation/maintenance instructions, and supervision and inspection certificates. Article 16: Repair units for boilers, pressure vessels, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and special motor vehicles used within sites (factories) must have professional technical personnel and skilled workers competent for the repair of special equipment, as well as the necessary testing facilities. They may carry out such repair activities only after obtaining permission from the special equipment safety supervision and management departments of the provinces, autonomous regions, and municipalities directly under the Central Government. Article 17: The installation, modification, and maintenance of boilers, pressure vessels, lifting machinery, passenger cableways, and large-scale amusement facilities, as well as the modification and maintenance of special motor vehicles used within sites (factories), must be carried out by units that have obtained permits in accordance with these regulations. The installation, modification, and maintenance of elevators must be carried out by the elevator manufacturer or by a unit that has obtained a permit in accordance with these regulations, as assigned to it through a contract or with its consent. The elevator manufacturer is responsible for the quality of the elevator and the quality issues related to its safe operation. Construction units responsible for the installation, modification, or repair of special equipment shall, prior to commencing work, inform in writing the special equipment safety supervision and management department of the municipality directly under the Central Government or the city with districts about the planned installation, modification, or repair work; work may proceed after such notification has been given. Article 18: The civil engineering work for elevator shafts must meet the quality requirements for construction projects. During the elevator installation process, the elevator installation company must comply with the safety requirements at the construction site and implement appropriate safety protection measures. During the elevator installation process, the supervision of safe production at the construction site is carried out by the relevant authorities in accordance with the provisions of relevant laws and administrative regulations. During the elevator installation process, the elevator installation contractor shall comply with the safety management measures for the construction site implemented by the general contractor for the building construction, and a contract shall be concluded to clarify their respective safety responsibilities. Article 19: The manufacturing, installation, modification, and maintenance of elevators must strictly comply with the requirements of safety technical specifications. If an elevator manufacturer entrusts or approves another entity to carry out elevator installation, modification, or maintenance activities, it shall provide safety guidance and supervision for such activities. After the installation, modification, or maintenance of an elevator is completed, the elevator manufacturer shall carry out calibration and testing of the elevator in accordance with the requirements of safety technical specifications, and be responsible for the results of such calibration and testing. Article 20: After the installation, modification, or maintenance of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, as well as the modification or maintenance of specialized motor vehicles used within sites (factories), the construction units responsible for such work shall transfer the relevant technical documents to the users within 30 days after completion of the work and acceptance. For special equipment with high energy consumption, an energy efficiency test report shall also be submitted in accordance with the requirements of safety technical specifications. The user unit shall file it in the safety technical archive of such special equipment. Article 21: The manufacturing process of boilers, pressure vessels, pressure pipeline components, lifting machinery, and large-scale amusement facilities, as well as the installation, modification, and major maintenance processes of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, must be subject to supervision and inspection by inspection and testing institutions approved by the special equipment safety supervision and management department of the State Council, in accordance with the requirements of safety technical specifications ; Products that fail the supervised inspection shall not be released from the factory or put into use. Article 22 Mobile pressure vessels and gas cylinder filling units shall obtain permission from the special equipment safety supervision and management departments of provinces, autonomous regions, and municipalities directly under the Central Government before engaging in filling activities. The filling unit shall meet the following conditions: (1) It shall have management personnel and technical staff suitable for filling and management ; (II) Possess filling equipment, testing methods, premises and facilities, instruments, and safety devices suitable for filling and management ; (III) It has a sound filling management system, responsibility system, and emergency response measures. 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, carry out registration for cylinder use in accordance with the requirements of safety technical specifications, and specify the requirements for regular inspection of cylinders. Chapter 3 Use of Special Equipment Article 23 Units that use special equipment shall strictly comply with these regulations as well as relevant laws and administrative regulations on work safety, to ensure the safe use of such equipment. Article 24: Special equipment users shall use special equipment that meets the requirements of safety technical specifications. Before putting special equipment into use, the user entity shall verify whether it is accompanied by the relevant documents specified in Article 15 of these regulations. Article 25 Before putting special equipment into use or within 30 days after its installation, the entity using such equipment shall register it with the special equipment safety supervision and management department of the municipality directly under the Central Government or the city divided into districts. The registration mark shall be placed or attached in a prominent position on such special equipment. Article 26: Special equipment users shall establish safety technical files for such equipment. The safety technology documentation shall include the following: (1) design documents for special equipment, information on the manufacturing unit, product quality certification, operation and maintenance instructions, as well as installation technical documents and materials ; (II) Records of regular inspections and periodic self-inspections for special equipment ; (III) Records of the daily usage status of special equipment ; (IV) Records of daily maintenance for special equipment, as well as its safety accessories, safety protection devices, measurement and control devices, and related auxiliary instruments and meters ; (5) Records of operational failures and accidents of special equipment ; (VI) Energy efficiency test reports for high-energy-consuming special equipment, records of energy consumption, and technical documentation on energy-saving renovation. Article 27: Users of special equipment shall carry out regular daily maintenance on the special equipment in use, and conduct periodic self-inspections. The users of special equipment shall conduct self-inspections on the special equipment in use at least once a month and keep records thereof. When the users of special equipment detect any abnormalities during self-inspections and routine maintenance of such equipment, they shall address them promptly. The users of special equipment shall regularly calibrate, maintain, and inspect the safety accessories, safety protection devices, measurement and control devices, as well as related auxiliary instruments and meters of the special equipment in use, and keep records thereof. Boiler users shall carry out treatment of the boiler water (medium) in accordance with the requirements of safety technical specifications, and undergo regular inspections of such water (medium) treatment conducted by special equipment inspection and testing agencies. 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 conducted by special equipment inspection and testing agencies. Article 28: The users of special equipment shall, in accordance with the regular inspection requirements specified in the safety technical regulations, submit an application for regular inspection to the special equipment inspection and testing agency one month before the expiration of the valid period for the successful safety inspection. Upon receiving a request for periodic inspection, the testing and inspection agency shall conduct safety performance tests and energy efficiency assessments in a timely manner, in accordance with the requirements of the safety technical specifications. Special equipment that has not undergone regular inspections or has failed such inspections shall not be used any longer. Article 29: When special equipment malfunctions or exhibits abnormal conditions, the user unit shall conduct a thorough inspection of it; it may only be put back into use after potential accident hazards have been eliminated. If special equipment fails to meet the energy efficiency standards, the entity using such equipment shall take appropriate measures to make corrections. Article 30: Where special equipment poses serious accident hazards, has no value for renovation or repair, or has exceeded the service life specified in the safety technical regulations, the entity using such equipment shall promptly scrap it and proceed with cancellation procedures at the original registration authority responsible for the supervision and management of special equipment safety. Article 31: The daily maintenance of elevators must be carried out by installation, modification, or repair units, or elevator manufacturing units that have obtained permits in accordance with these regulations. The elevator should be cleaned, lubricated, adjusted, and inspected at least once every 15 days. Article 32: The entity responsible for the daily maintenance of elevators shall strictly comply with the requirements of **technical specifications during such maintenance, to ensure the safe technical performance of the elevators being maintained. It is also responsible for implementing safety measures on site to guarantee construction safety. The unit responsible for the routine maintenance of elevators must be accountable for the safety performance of those elevators. Upon receiving a fault notification, one should immediately go to the scene and take the necessary emergency rescue measures. Article 33: Operators of special equipment that provides services to the public, such as elevators, passenger cableways, and large-scale amusement facilities, shall establish a special equipment safety management department or assign full-time safety management personnel ; Other users of special equipment shall, depending on the circumstances, establish a special equipment safety management organization or appoint full-time or part-time safety management personnel. Safety managers of special equipment shall conduct regular inspections of the condition of such equipment, and any issues identified must be addressed immediately ; In emergency situations, it is possible to decide to stop using the special equipment and promptly report to the relevant person in charge of the unit. Article 34: The operating entities of passenger cableways and large-scale amusement facilities shall conduct trial operations and routine safety inspections prior to putting them into use each day, and shall also inspect and verify the safety devices. The operators of elevators, passenger cable cars, and large amusement facilities shall place the safety precautions and warning signs related to these installations in locations that are easily visible to passengers. Article 35 The person in charge of the operating entity of passenger cableways and large-scale amusement facilities shall be familiar with the relevant safety knowledge regarding such facilities, and bear full responsibility for their safe operation. The person in charge of the entity operating cable cars and large amusement facilities shall hold a meeting at least once a month to supervise and inspect the safe operation of such facilities. Operators of passenger cable cars and large amusement facilities shall, in light of the actual conditions of their respective entities, provide an appropriate amount of rescue equipment and first-aid supplies. Article 36 Passengers of elevators, passenger cableways, and large-scale amusement facilities shall comply with the safety precautions and follow the instructions of the relevant staff. Article 37: After an elevator is put into use, the elevator manufacturer shall conduct follow-up investigations and assessments regarding the safe operation of the elevator it manufactured. It shall offer suggestions for improvement regarding any issues related to safe operation that exist with the entity responsible for the elevator’s daily maintenance or with the entity that uses the elevator, and provide necessary technical assistance. If serious safety hazards are found in the elevator, it shall be reported promptly to the department responsible for the supervision and management of special equipment safety. The elevator manufacturer shall keep records of the investigations and findings. Article 38: Operators of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, and specialized motor vehicles used within premises (factories), as well as their relevant supervisors (collectively referred to as special equipment operators), must pass assessments conducted by the special equipment safety supervision and management authorities in accordance with **relevant regulations** and obtain certificates for special operation personnel in a unified format before they can engage in the corresponding operations or supervision tasks. Article 39: Special equipment users shall provide safety and energy-saving education and training for personnel who operate such equipment, to ensure that they possess the necessary knowledge in these areas. Special equipment operators must strictly follow the operating procedures for such equipment as well as relevant safety regulations during their work. Article 40: Special equipment operators shall immediately report any potential accident hazards or other unsafe factors identified during operation to the on-site safety management personnel and the relevant responsible persons of the unit. Chapter 4 Inspection and Testing Article 41 Special equipment inspection and testing institutions that carry out supervision inspections, periodic inspections, type tests as stipulated in these regulations, as well as non-destructive testing services specifically provided for the production, use, inspection, and testing of special equipment, must be approved by the department responsible for the safety supervision and management of special equipment under the State Council. The special equipment inspection and testing institutions established by the entities that use special equipment are, upon approval by the department in charge of special equipment safety supervision and management under the State Council, responsible for conducting regular inspections of the special equipment falling within the scope approved for those entities. Article 42 Special equipment inspection and testing institutions shall meet the following conditions: (1) They shall have inspection and testing personnel suitable for the inspection and testing work they carry out ; (II) Possess inspection and testing instruments and equipment suitable for the inspection and testing work carried out ; (III) It has a sound management system for inspection and testing, as well as a responsibility system for such inspections and tests. Article 43 The supervision inspection, periodic inspection, type testing, and non-destructive testing of special equipment shall be carried out by special equipment inspection and testing institutions approved in accordance with these regulations. The inspection and testing of special equipment shall comply with the requirements of safety technical specifications. Article 44: Personnel engaged in supervision and inspection, periodic inspection, type testing, and non-destructive testing of special equipment as stipulated in these regulations must pass an assessment organized by the department under the State Council responsible for the safety supervision and management of special equipment, and obtain a certification as inspection and testing personnel before they may carry out such tasks. Inspection and testing personnel must carry out their work in inspection and testing institutions for special equipment, but they shall not work for more than two such institutions at the same time. Article 45 When conducting inspections and tests on special equipment, inspection and testing institutions and personnel shall adhere to the principles of integrity and convenience for enterprises, and provide reliable and efficient inspection and testing services for entities that produce or use such equipment. Special equipment inspection and testing agencies and personnel are obligated to keep confidential the trade secrets of the entities being inspected and tested. Article 46 Special equipment inspection and testing institutions and inspectors shall issue inspection and testing results and appraisal conclusions in an objective, fair, and timely manner. The test and inspection results as well as the assessment conclusions are signed by the test and inspection personnel, and then signed by the person in charge of the testing institution. Special equipment inspection and testing institutions and personnel are responsible for the inspection and testing results as well as the assessment conclusions. The department under the State Council responsible for the supervision and management of safety in the field of special equipment shall organize supervised random inspections of the inspection and testing results as well as the assessment conclusions issued by institutions that conduct inspections and tests on special equipment. The departments responsible for the supervision and management of special equipment safety at the county level and above may also conduct supervised random inspections within their respective administrative areas, but care must be taken to avoid repeated inspections. The results of supervised random inspections should be made public. Article 47 Inspection and testing institutions for special equipment, as well as their inspectors and testers, shall not be engaged in the production or sale of special equipment, nor shall they recommend, produce, or supervise the sale of such equipment in their own name. Article 48 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 authorities responsible for the supervision and management of special equipment safety. Article 49: If special equipment inspection and testing institutions or inspectors deliberately use their inspection and testing duties to create difficulties for special equipment manufacturers and users, such manufacturers and users have the right to file a complaint with the department responsible for the supervision and management of special equipment safety. The department that receives the complaint shall conduct an investigation and take appropriate action promptly. Chapter 5 Supervision and Inspection Article 50 The departments responsible for the safety supervision and management of special equipment shall, in accordance with the provisions of these regulations, carry out safety inspections on entities that produce and use special equipment, as well as on inspection and testing institutions. The authorities responsible for the safety supervision and management of special equipment shall carry out focused safety inspections on such special equipment found in schools, kindergartens, as well as public gathering places such as stations, passenger terminals, shopping malls, sports venues, exhibition halls, and parks. Article 51: When the department responsible for the safety supervision and management of special equipment investigates and deals with acts suspected of violating the provisions of these regulations, based on reports or evidence of potential violations, it may exercise the following powers: (1) To inquire from the legal representatives, principal persons in charge, and other relevant personnel of special equipment manufacturing and using units sowie inspection and testing institutions regarding matters related to the suspected illegal manufacturing, use, inspection, and testing in violation of these regulations ; (II) Examining and copying relevant contracts, invoices, account books, and other related documents of special equipment production and use units as well as inspection and testing institutions ; (III) Special equipment that, as evidenced by relevant data, fails to meet the requirements of safety technical specifications, or has other serious potential hazards for accidents or excessive energy consumption, shall be sealed up or seized. Article 52: The departments responsible for the safety supervision and management of special equipment, which are tasked with issuing permits, approvals, and conducting registrations in accordance with the provisions of these regulations, shall examine relevant matters strictly in line with the conditions set out 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 engaged in 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. If entities that have not obtained the necessary permits, approvals, or registrations in accordance with the law engage in the production, use, or inspection and testing of special equipment without authorization, the authorities responsible for the supervision and management of special equipment safety shall take action in accordance with the law. If a permit is revoked in accordance with the provisions of these regulations, the special equipment safety supervision and management department will not accept any new application for a permit from such entity for 3 years starting from the date of revocation. Article 53: When handling the administrative approval matters stipulated in these regulations, the departments responsible for the safety supervision and management of special equipment must make their procedures for acceptance, review, licensing, and approval transparent. They shall issue a decision regarding approval, authorization, or refusal to approve or authorize within 30 days from the date of receiving the application ; If permission or approval is not granted, the reasons shall be explained in writing to the applicant. Article 54: Local special equipment safety supervision and management departments at all levels shall not engage in local protection or regional blockades in any form. They shall not issue permits repeatedly to special equipment manufacturing units that have already obtained permits in other places in accordance with the provisions of these regulations, nor shall they require repeated inspection and testing of special equipment that has passed inspection and testing in other places in accordance with the provisions of these regulations. Article 55 Safety inspectors from the departments responsible for the supervision and management of special equipment (hereinafter referred to as safety inspectors for special equipment) shall be familiar with relevant laws, regulations, rules, and safety technical standards; they must possess the appropriate professional knowledge and work experience, and they must pass the assessment conducted by the department under the State Council responsible for the supervision and management of special equipment in order to obtain a certificate as a safety inspector for special equipment. Safety inspectors for special equipment shall be dedicated to their duties, adhere to principles, and enforce the law impartially. Article 56 When the department responsible for the safety supervision and management of special equipment conducts safety inspections on special equipment manufacturers, users, and inspection and testing institutions, at least two special equipment safety inspectors shall be involved, and they must present valid identification cards as special equipment safety inspectors. Article 57: When the safety supervision and management department for special equipment conducts safety inspections on entities that produce or use such equipment, as well as on inspection and testing institutions, it shall keep records of the contents of each inspection, the problems identified, and the actions taken to address them. These records shall be signed by the personnel responsible for the safety inspections and by the relevant officials from the inspected entities before being filed. If the relevant person in charge of the inspected unit refuses to sign, the special equipment safety inspectors shall record the situation. Article 58 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 immediate action to make corrections or eliminate those potential accident risks. If emergency measures need to be taken in an emergency, a written notice shall be issued subsequently. Article 59 The special equipment safety supervision and management department shall conduct safety inspections on special equipment manufacturers, users, and inspection and testing institutions. Upon discovering serious illegal acts or significant potential accident hazards, it shall, while taking necessary measures, promptly report to the higher-level special equipment safety supervision and management department. The special equipment safety supervision and management department that receives the report shall take necessary measures to handle it promptly. When dealing with illegal acts, serious potential accident hazards, or situations that do not meet energy efficiency standards and support and cooperation from the local people’s government and relevant departments are required, the special equipment safety supervision and management department shall report to the local people’s government and notify other relevant departments. The local people **and other relevant departments should take necessary measures to handle it promptly. Article 60 The special equipment safety supervision and management department of the State Council, as well as the special equipment safety supervision and management departments of provinces, autonomous regions, and municipalities directly under the Central Government, shall regularly publish information to the public regarding the safety status and energy efficiency of special equipment. The disclosure of the safety and energy efficiency status of special equipment shall include the following contents: (1) The quality and safety status of special equipment ; (II) Circumstances, characteristics, cause analysis, and preventive measures for special equipment accidents ; (III) Energy efficiency status of special equipment ; (IV) Other circumstances that need to be disclosed. Chapter 6 Accident Prevention, Investigation, and Handling 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 hereinafter), 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 passenger cable cars and large amusement facilities, where 100 or more people are trapped at a high altitude for more than 48 hours. Article 62 A major accident shall be constituted 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 or pressure pipelines, resulting in the evacuation of more than 50,000 but less 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 a period of time ranging from 24 hours to 48 hours. Article 63 A relatively serious accident shall be constituted 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. Article 64 A general accident is defined as one falling under any of the following circumstances: (1) An accident involving special equipment that 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 supervision and management of special equipment safety may issue supplementary regulations regarding other circumstances of general accidents. 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. Article 66: After a special equipment accident occurs, the entity at which the accident takes place 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 other relevant departments. Upon receiving a report of an accident, the special equipment safety supervision and management departments at the county level and above shall promptly verify the relevant circumstances, immediately report to the local people’s ** government, and ascend the accident details level by level. If necessary, the safety supervision and management department for special equipment may report accidents at a higher level. In the case of especially serious accidents or serious accidents, the department responsible for the supervision and management of special equipment under the State Council shall immediately report to the State Council and inform relevant departments such as the department responsible for work safety supervision and management under the State Council. 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. 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 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. Article 69 The departments responsible for the safety supervision and management of special equipment shall, under the leadership of the relevant local people’s governments, 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. Article 70 The safety supervision and management department for 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. Article 71: The term “above” as used in this chapter includes the stated number, while the term “below” does not include the stated number. Chapter 7 Legal Liability Article 72 Those who engage in pressure vessel design activities without permission shall be banned by the department responsible for the safety supervision and management of special equipment, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan ; 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. Article 73: If the design documents for boilers, gas cylinders, oxygen chambers, passenger cableways, large-scale amusement facilities, and other special equipment with high energy consumption are used for manufacturing without being verified by an inspection and testing institution approved by the department in charge of special equipment safety supervision and management under the State Council, the department shall order corrections to be made, confiscate the illegally manufactured products, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan ; Those who violate criminal law shall have their criminal liability pursued in accordance with the provisions of the Criminal Law regarding crimes such as the production and sale of substandard products, illegal business operations, or other related offenses, against the responsible supervisors and other directly liable persons. Article 74: For special equipment products or components that are required to undergo type testing in accordance with the requirements of safety technical specifications, or for new special equipment products or components under development, if no type testing of the entire unit or of the components has been carried out, the department responsible for the supervision and management of special equipment safety shall order rectification within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed. Article 75: Those who, without permission, engage in the manufacturing, installation, or modification of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, special motor vehicles used within premises (factories), as well as their safety accessories and protective devices, as well as the manufacturing of components for pressure pipelines, shall be banned from such activities by the authorities responsible for the supervision and management of special equipment. The illegally manufactured products shall be confiscated; if installation or modification has already taken place, the parties involved shall be ordered to restore the original condition or to have it reinstalled or modified by a licensed entity within a specified time limit, and shall be fined between 100,000 yuan and 500,000 yuan ; Those who violate criminal laws shall be held criminally liable in accordance with the provisions of the Criminal Law regarding crimes such as the production and sale of substandard products, illegal business operations, serious liability accidents, or other offenses, against the responsible supervisors and other directly liable persons. Article 76: If, at the time of leaving the factory, special equipment is not accompanied by documents such as design documents, product quality certification, installation and operation/maintenance instructions, and inspection certificates in accordance with the requirements of safety technical specifications, the department responsible for the supervision and management of special equipment safety shall order corrections to be made ; In cases of serious circumstances, the party shall be ordered to cease production and sales, and shall be fined up to 30% of the value of the illegally produced or sold goods ; If there are illegal gains, such gains shall be confiscated. Article 77: Those who, without permission, engage in the repair or routine maintenance of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, large-scale amusement facilities, or specialized motor vehicles used within premises (factories) shall be banned from such activities by the department responsible for the safety supervision and management of special equipment, and shall be fined between 10,000 yuan and 50,000 yuan ; 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 crimes of illegal business operations, serious responsibility accidents, or other crimes, applicable to the responsible supervisors and other directly liable persons. Article 78: If the construction units responsible for the installation, modification, or maintenance of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, as well as the units responsible for the modification and maintenance of specialized motor vehicles used within such sites (factories), commence work without first informing in writing the special equipment safety supervision and management departments of the municipalities directly under the Central Government or cities with districts about the planned installation, modification, or maintenance of such special equipment, or if they fail to hand over the relevant technical documents to the users of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities within 30 days after completion of the work, the special equipment safety supervision and management departments shall order them to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of not less than 2,000 yuan but not more than 10,000 yuan shall be imposed. Article 79: In the manufacturing process of boilers, pressure vessels, pressure pipeline components, lifting machinery, and large-scale amusement facilities, as well as in the processes of installation, modification, and major maintenance of boilers, pressure vessels, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, as well as during the cleaning of boilers, if an inspection and testing institution that has not been approved by the state council’s department responsible for the supervision and management of special equipment conducts supervision inspections in accordance with the requirements of safety technical specifications, such institution shall be ordered to make corrections by the said department. If the products have already been manufactured and sold, those products shall be confiscated; if installation, modification, major maintenance, or cleaning has already taken place, the institution shall be ordered to carry out supervision inspections within a specified time limit, and shall be fined between 50,000 yuan and 200,000 yuan ; If there are illegal gains, such gains shall be confiscated ; In serious cases, the license already obtained by the manufacturing, installation, modification, or repair entity shall be revoked, and its business license shall be canceled by the administrative department for industry and commerce ; Those who violate criminal laws shall have their criminal liability pursued in accordance with the provisions of the Criminal Law regarding the crime of producing and selling substandard products or other crimes, against the responsible supervisors and other directly liable persons. Article 80: Those who engage in the filling of mobile pressure vessels or gas cylinders without permission shall be banned from such activities 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. If mobile pressure vessels or gas cylinder filling units carry out filling activities not in accordance 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. Article 81 If an elevator manufacturing unit falls under any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a specified time limit ; If the issue is not rectified within the prescribed time, a public reprimand will be issued: (1) Failing to have the elevator inspected and calibrated in accordance with Article 19 of these regulations ; (II) Failing to report in a timely manner to the authorities responsible for the safety supervision and management of special equipment when serious potential accident hazards are identified during investigations into the safe operation of elevators. Article 82: If a special equipment manufacturing unit or inspection and testing institution that has already 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. Article 83 If a special equipment user falls under any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed ; In cases of serious violations, orders shall be issued to cease using the equipment or to suspend operations for rectification: (1) Failing to register the special equipment with the authorities responsible for safety supervision and management before it is put into use, or using it without such registration within 30 days after it has been put into use ; (II) Failing to establish safety technical records for special equipment in accordance with the provisions of Article 26 of these regulations ; (III) Failing to carry out regular daily maintenance and periodic self-inspections on the special equipment in use in accordance with the provisions of Article 27 of these regulations, or failing to conduct periodic calibration and maintenance of the safety accessories, safety protection devices, measurement and control devices, as well as related auxiliary instruments and meters of such equipment, and to keep records thereof ; (IV) Failing to submit a request for periodic inspection to the special equipment inspection and testing agency 1 month before the expiration of the valid period for which the safety inspection was deemed satisfactory, in accordance with the requirements set out in the safety technical specifications for periodic inspections ; (5) Using special equipment that has not undergone regular inspection or has failed such inspection ; (6) When special equipment malfunctions or exhibits abnormal conditions, and no comprehensive inspection is carried out to eliminate potential hazards before continuing to use it ; (7) Those that have not formulated special emergency plans for accidents involving special equipment ; (8) Failing to clean, lubricate, adjust, and inspect the elevator in accordance with the provisions of Paragraph 2, Article 31 of these Regulations ; (IX) Failing to treat the boiler water (medium) in accordance with the requirements of safety technical specifications; (X) Special equipment failing to meet energy efficiency standards, without taking appropriate measures for rectification in a timely manner. If a unit using special equipment uses special 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 such equipment, confiscate it, and impose a fine of between 20,000 yuan and 100,000 yuan. Article 84: If special equipment poses serious accident risks, has no value for renovation or repair, or has exceeded the service life specified in the safety technical regulations, and the entity using such equipment fails to scrap it and proceed with cancellation procedures with the original department responsible for supervising and managing the safety of such equipment, then the said department shall order the entity to make corrections within a specified time limit ; If the violation is not corrected by the deadline, a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed. Article 85 If the operating entities of elevators, passenger cableways, and large-scale amusement facilities fall under any of the following circumstances, the special equipment safety supervision and management department shall order them to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, the party shall be ordered to cease using the facility or suspend operations for rectification, and shall be fined between 10,000 yuan and 50,000 yuan: (1) Failing to conduct trial runs and routine safety inspections as well as to check and verify the safety devices before putting passenger cable cars and large-scale amusement facilities into use each day ; (II) Failing to place the safety precautions and warning signs for elevators, passenger cable cars, and large-scale amusement facilities in prominent locations where passengers can easily see them. Article 86 If a special equipment user falls under any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, the party shall be ordered to cease using the equipment or suspend operations for rectification, and shall be fined between 2,000 yuan and 20,000 yuan: (1) Failing to establish a safety management organization for special equipment or assign full-time or part-time safety management personnel in accordance with the provisions of these regulations ; (II) Persons engaged in work with special equipment who start working without obtaining the corresponding certificates for such special equipment operations ; (III) Failing to provide safety education and training on special equipment to personnel who operate such equipment. Article 87 In the event of an accident involving special equipment, under any of the following circumstances, 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 person, 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 major liability accidents or other crimes: (1) 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. Article 88: The units responsible for an accident shall be fined by the department in charge of special equipment safety supervision and management 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. Article 89 If the principal responsible person of a unit that is liable for an accident fails to perform 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 a minor 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. Article 90: If special equipment operators fail to follow the operating procedures for such equipment as well as relevant safety regulations, or if they discover potential accident hazards or other unsafe factors during operation but fail to report them immediately to the on-site safety managers and the relevant responsible persons of the unit, the special equipment user shall give them criticism and disciplinary action ; In serious cases, the qualification of the special equipment operator shall be revoked ; Those who violate criminal law shall be held criminally liable in accordance with the provisions of the Criminal Law regarding the crime of major liability accidents or other crimes. Article 91: Those who engage in inspection and testing activities such as supervision inspections, periodic inspections, type tests, and non-destructive testing as specified in these regulations without approval shall be banned by the department responsible for the safety supervision and management of special equipment, and shall be fined not less than 50,000 yuan but not more than 200,000 yuan ; 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. Article 92 If a special equipment inspection and testing institution falls under any of the following circumstances, the special equipment safety supervision and management department shall impose a fine of not less than 20,000 yuan but not more than 100,000 yuan on it ; In cases of serious violations, their qualifications for inspection and testing shall be revoked: (1) Hiring individuals who have not passed the assessments organized by the authorities responsible for the supervision and management of special equipment and therefore do not hold certificates as inspection and testing personnel to carry out such work ; (II) During the inspection and testing of special equipment, if serious accident hazards are detected or energy consumption exceeds limits significantly, and the user of the special equipment is not informed in a timely manner, nor is the matter reported immediately to the authorities responsible for the supervision and management of special equipment safety. Article 93: If a special equipment inspection and testing institution or its personnel issue false inspection and testing results or assessment conclusions, or if such results and conclusions are seriously inaccurate, the department responsible for the supervision and management of special equipment safety shall confiscate the illegal gains of the inspection and testing institution and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; in cases of serious circumstances, its qualification for conducting inspections and tests shall be revoked ; Inspectors and testers shall be fined between 5,000 yuan and 50,000 yuan; in cases of serious circumstances, their qualifications as inspectors and testers shall be revoked. If their actions violate criminal laws, they shall be held criminally responsible in accordance with the provisions of the criminal law regarding the crime of providing false certification documents by personnel from intermediary organizations, the crime of issuing significantly inaccurate certification documents by such personnel, or other related crimes. Special equipment inspection and testing institutions and personnel who issue false inspection and testing results or assessment conclusions, or whose results and conclusions are seriously inaccurate and cause damage, shall bear liability for compensation. Article 94: If a special equipment inspection and testing institution or its inspectors are engaged in the production or sale of special equipment, or recommend, produce, or supervise the sales of such equipment in their own name, the department responsible for the supervision and management of special equipment safety shall revoke the qualifications of that institution and its inspectors, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan ; If there are illegal gains, such gains shall be confiscated. Article 95 If special equipment inspection and testing institutions or inspectors and testers deliberately create difficulties for special equipment manufacturers and users in the course of their inspection and testing work, the department responsible for the supervision and management of special equipment safety shall order them to make corrections ; If they refuse to make corrections, their inspection and testing qualifications will be revoked. Article 96: Inspection and testing personnel who engage in such work but do not practice at special equipment inspection and testing institutions, or who practice at more than two such institutions simultaneously, shall be ordered by the department responsible for the supervision and management of special equipment safety to make corrections; in cases of serious violations, they shall be subject to a suspension from practicing for a period of not less than 6 months but not more than 2 years ; If there are illegal gains, such gains shall be confiscated. Article 97 If the departments responsible for the safety supervision and management of special equipment, as well as their inspectors in charge of such equipment, commit any of the following illegal acts, the directly responsible supervisors and other persons directly liable shall be given sanctions in the form of demotion or dismissal 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 crimes of accepting bribes, abuse of power, dereliction of duty, or other crimes: (1) Failing to grant permits, approvals, or registrations in compliance with the conditions and safety technical standards stipulated in these regulations ; (II) Failing to shut down or take legal action against those who engage in the production, use, or inspection and testing of special equipment without permission, approval, or registration ; (III) Failing to revoke the original license when it is discovered that a unit engaged in the production or use of special equipment no longer meets the conditions stipulated in these regulations, or failing to take action against illegal activities related to the production or use of special equipment ; (IV) Failing to revoke the original approval of special equipment inspection and testing institutions when it is found that they no longer meet the conditions stipulated in these regulations, or failing to take action against those institutions that issue false inspection and testing results or assessment conclusions, or whose inspection and testing results and assessment conclusions are seriously inaccurate ; (5) Re-issuing permits to special equipment manufacturing units that have obtained permits in other places in accordance with the provisions of these regulations, or re-conducting inspection and testing on special equipment that has passed inspection and testing in other places in accordance with the provisions of these regulations ; (6) Failing to take immediate action upon discovering any violations of these regulations and safety technical specifications, or when existing special equipment poses serious risks of accidents ; (7) Failing to report major illegal acts or serious potential accident hazards to the superior special equipment safety supervision and management department in a timely manner, or failing to take immediate action upon receiving such reports from the relevant supervision and management department ; (8) Failing to report an accident in a timely manner, underreporting it, concealing it, or giving false information about it ; (IX) Obstructing accident rescue or accident investigation and handling. Article 98 If the producers, users of special equipment, or inspection and testing institutions refuse to accept the safety inspections carried out by the authorities responsible for the supervision and management of special equipment in accordance with the law, such entities shall be ordered by those authorities to make corrections within a specified time limit ; If the violation is not corrected within the prescribed time, the entity shall be ordered to suspend operations for rectification, and fined between 20,000 yuan and 100,000 yuan ; Those who violate criminal law shall be held criminally liable in accordance with the provisions of the criminal law regarding crimes of obstructing official duties or other offenses. If entities responsible for the production or use of special equipment misuse, exchange, transfer, or damage such equipment or its key components that have been sealed up or seized, the department in charge of safety supervision and management of special equipment shall order them 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. Chapter VIII Supplementary Provisions Article 99 The meanings of the terms used in these regulations are as follows: (1) A boiler refers to a device that uses various fuels, electricity, or other forms of energy to heat the liquid contained within it to certain parameters and to supply thermal energy externally; such devices are defined as pressure steam boilers with a volume of 30 liters or more ; Pressurized hot water boilers with an outlet water pressure of 0.1 MPa (gauge pressure) or higher, and a rated power of 0.1 MW or higher ; Organic heat carrier boilers. (II) Pressure vessels refer to enclosed devices used for holding gases or liquids and subjected to certain pressures. They include both fixed and mobile containers in which the maximum operating pressure is 0.1 MPa (gauge pressure) or higher, and the product of pressure and volume is 2.5 MPa·L or higher, for gases, liquefied gases, and liquids whose maximum operating temperature is equal to or higher than their standard boiling point ; Gas cylinders, liquefied gas cylinders, and cylinders for liquids with a standard boiling point of 60°C or lower, whose nominal working pressure at full charge is greater than or equal to 0.2 MPa (gauge pressure), and whose product of pressure and volume is greater than or equal to 1.0 MPa·L ; Oxygen chambers, etc. (III) Pressure pipelines refer to tubular devices that use a certain pressure to transport gases or liquids. They are defined as pipelines for gas, liquefied gas, steam, or liquid media that are flammable, explosive, toxic, corrosive, and have a maximum operating temperature equal to or higher than their standard boiling point, with a maximum operating pressure of 0.1 MPa (gauge pressure), and a nominal diameter of more than 25 mm. (IV) Elevators refer to mechanical and electrical devices that are powered and use a cabin moving along rigid guides or steps moving along fixed tracks to lift or transport people and goods horizontally; these include passenger (cargo) elevators, escalators, and moving walkways. (5) Crane machinery refers to electromechanical equipment used for vertical lifting or both vertical lifting and horizontal movement of heavy objects; it is defined as elevators with a rated lifting capacity of 0.5 tons or more ; Cranes with a rated lifting capacity of 1 ton or more, and a lifting height of 2 meters or more, as well as electric hoists with fixed load-bearing configurations, etc. (6) Passenger cableways refer to mechanical and electrical devices that are powered and use flexible ropes to pull carriers such as cabins in order to transport people, including aerial passenger cableways, cable cars for passenger transport, and towed passenger cableways. (7) Large-scale amusement facilities refer to those used for commercial purposes to carry passengers for entertainment; such facilities are defined as those with a designed maximum operating speed of 2 m/s or more, or an operating height of 2 m or more above the ground. (8) Special-purpose motor vehicles used on site refer to those that are used exclusively in specific areas such as factory premises, tourist attractions, and amusement parks, other than those used on road traffic or for agricultural purposes. Special equipment includes the materials used in it, the attached safety accessories, the safety protection devices, and the facilities related to those safety protection devices. Article 100 The measures for the safety supervision and management of the design, installation, and use of pressure pipelines shall be formulated separately by the State Council. Article 101: The department under the State Council responsible for the supervision and management of special equipment safety may delegate to the departments responsible for such supervision and management in provinces, autonomous regions, and municipalities directly under the Central Government the task of handling administrative approvals related to special equipment as stipulated in these regulations; the specific procedures shall be established by the department under the State Council responsible for the supervision and management of special equipment safety. Article 102: Fees shall be charged for administrative approvals and inspection and testing of special equipment in accordance with **relevant regulations. Article 103 These Regulations shall come into force as of June 1, 2003. The Interim Regulations on the Safety Supervision of Boilers and Pressure Vessels issued by the State Council on February 6, 1982, were simultaneously repealed.