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Special Equipment Safety Supervision Regulations

2009-12-12View Original

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Regulations on Safety Supervision of Special Equipment (issued by Order No. 373 of the State Council of the People's Republic of China on March 11, 2003) Chapter 1 General Provisions Article 1 In order to strengthen the safety supervision of special equipment, prevent and reduce accidents, protect the safety of people's lives and property, and promote economic development, these Regulations are formulated.   Article 2 The term “special equipment” as mentioned in these regulations refers to boilers, pressure vessels (including gas cylinders, the same below), pressure pipes, elevators, hoisting machinery, passenger ropeways, and large-scale recreational facilities that involve life safety and are highly dangerous.   The catalog of special equipment in the preceding paragraph shall be formulated by the department responsible for the safety supervision and management of special equipment under the State Council (hereinafter referred to as the special equipment safety supervision and management department of the State Council) and shall be implemented after approval by the State Council.   Article 3 The production (including design, manufacturing, installation, modification and maintenance, the same below), use, inspection and supervision of special equipment shall comply with these Regulations, unless otherwise provided for in these Regulations.    * * This regulation does not apply to the safety supervision of equipment, nuclear facilities, aerospace vehicles, railway locomotives, offshore facilities and ships, and special equipment used in coal mines.   The supervision and management of the installation and use of hoisting machinery at housing construction sites and municipal engineering construction sites shall be implemented by the construction administrative department in accordance with the provisions of relevant laws and regulations.   Article 4 The special equipment safety supervision and management department of the State Council is responsible for the safety supervision of special equipment nationwide. The local departments at or above the county level responsible for the safety supervision and management of special equipment conduct safety supervision of special equipment within their own administrative regions (hereinafter collectively referred to as the special equipment safety supervision and management department).   Article 5 Units that produce and use special equipment shall establish and improve the special equipment safety management system and post safety responsibility system.   The main person in charge of the unit that produces and uses special equipment shall be fully responsible for the safety of the unit's special equipment.   Special equipment production and use units and special equipment inspection and testing institutions shall accept special equipment safety supervision conducted by the special equipment safety supervision and management department 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 bear legal responsibility for their inspection and testing results and appraisal conclusions.   Article 7 Local people at or above the county level * * Special equipment safety supervision and management departments should be urged and supported to perform safety supervision duties in accordance with the law, and promptly coordinate and solve major problems existing in special equipment safety supervision.   Article 8 * * Encourage the implementation of scientific management methods, the use of advanced technology, improve the safety performance and management level of special equipment, enhance the ability of special equipment production and use units to prevent accidents, and reward units and individuals that have achieved remarkable results.   Article 9 Any unit or individual has the right to report any violation of the provisions of these Regulations to the special equipment safety supervision and management department, administrative supervision and other relevant departments.   The special equipment safety supervision and management department shall establish a special equipment safety supervision and reporting system, publish reporting hotlines, mailboxes or email addresses, accept reports on illegal activities in the production, use, inspection and testing of special equipment, and handle them in a timely manner.   The special equipment safety supervision and management department and administrative supervision and other relevant departments shall keep the whistleblower confidential and follow * * Rewards will be given according to relevant regulations. Chapter 2 Production of Special Equipment Article 10 Special equipment production units shall conduct production activities in accordance with the provisions of these Regulations and the requirements of the safety technical specifications (hereinafter referred to as the safety technical specifications) formulated and published by the special equipment safety supervision and administration department of the State Council.   Special equipment production units are responsible for the safety performance of the special equipment they produce.   Article 11 The design unit of pressure vessels must obtain permission from the special equipment safety supervision and administration department of the State Council before engaging in pressure vessel design activities.   The design unit of pressure vessels should meet the following conditions:   (1) Have designers and design reviewers suitable for pressure vessel design ;   (2) Have a sound management system and responsibility system suitable for pressure vessel design.   Article 12 The design documents of gas cylinders in boilers and pressure vessels (hereinafter referred to as gas cylinders), oxygen chambers, passenger ropeways, and large recreational facilities must be authenticated by an inspection and testing agency approved by the special equipment safety supervision and administration department of the State Council before they can be used for manufacturing.   Article 13 In accordance with the requirements of safety technical regulations, special equipment products and components that are subject to type testing or new trial-produced special equipment products and components must undergo type testing of the complete machine or components.   Article 14 Units that manufacture, install and transform boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, large amusement facilities and their safety accessories and safety protection devices, as well as manufacturing units of pipes, pipe fittings, valves, flanges, compensators, safety protection devices, etc. for pressure pipelines (hereinafter referred to as pressure pipeline components), must obtain permission from the special equipment safety supervision and administration department of the State Council before they can engage in corresponding activities.   Units that manufacture, install, and transform the special equipment in the preceding paragraph shall meet the following conditions::   (1) Have professional technicians and skilled workers suitable for the manufacture, installation, and transformation of special equipment ;   (2) Have production conditions and testing methods suitable for the manufacturing, installation, and transformation of special equipment ;   (3) Have a sound quality management system and responsibility system.   Article 15 When special equipment leaves the factory, it shall be accompanied by design documents required by safety technical specifications, product quality certificates, installation, use and maintenance instructions, supervision and inspection certificates and other documents.   Article 16 Maintenance units of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, and large-scale amusement facilities shall have professional technicians and skilled workers suitable for the maintenance of special equipment and necessary testing methods, and must obtain permission from the special equipment safety supervision and management department of the province, autonomous region, or municipality directly under the Central Government before they can engage in corresponding maintenance activities.   Article 17 The installation, modification and maintenance of boilers, pressure vessels, hoisting machinery, passenger ropeways and large recreational facilities must be carried out by units that have obtained permission in accordance with these regulations.   The installation, modification and maintenance of elevators must be carried out by the elevator manufacturing unit or a unit entrusted and agreed by it through a contract to obtain a license in accordance with these regulations. The elevator manufacturing unit is responsible for quality issues related to elevator quality and safe operation.   The construction unit that installs, transforms, and maintains special equipment shall notify the special equipment safety supervision and management department of the municipality directly under the Central Government or a city divided into districts in writing about the proposed installation, transformation, and maintenance of special equipment before construction, and construction can begin after notification.   Article 18 The civil engineering works of elevator shafts must meet the quality requirements of construction projects. During the elevator installation and construction process, the elevator installation unit shall comply with the safety production requirements of the construction site and implement on-site safety protection measures. During the elevator installation and construction process, the safety production supervision at the construction site shall be carried out by relevant departments in accordance with the provisions of relevant laws and administrative regulations.   During the elevator installation and construction process, the elevator installation unit shall obey the safety production management of the construction site by the construction general contractor, and enter into a contract to clarify their respective safety responsibilities.   Article 19 The manufacturing, installation, modification and maintenance activities of elevators must strictly comply with the requirements of safety technical regulations. If an elevator manufacturing unit entrusts or agrees with other units to carry out elevator installation, transformation, and maintenance activities, it shall provide safety guidance and supervision for its installation, transformation, and maintenance activities. After the installation, modification, and maintenance activities of the elevator are completed, the elevator manufacturing unit shall perform verification and debugging of the elevator in accordance with the requirements of safety technical specifications, and shall be responsible for the results of verification and debugging.   Article 20 After the installation, modification, and maintenance of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, and large recreational facilities are completed, the construction unit that installed, modified, or repaired them shall hand over the relevant technical data to the user unit within 30 days after acceptance. The user shall store it in the safety technical file of the special equipment.   Article 21 The manufacturing process of boilers, pressure vessels, pressure piping components, hoisting machinery, and large-scale amusement facilities and the installation, modification, and major maintenance processes of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, and large-scale amusement facilities must be supervised and inspected in accordance with the requirements of safety technical specifications by an inspection and testing agency approved by the special equipment safety supervision and administration department of the State Council. ; Products that have not passed the supervision and inspection may not leave the factory or be delivered for use.   Article 22 Gas cylinder filling units must obtain permission from the special equipment safety supervision and management department of the province, autonomous region, or municipality directly under the Central Government before they can engage in filling activities.   Gas cylinder filling units should meet the following conditions:   (1) Have managers and technical personnel suitable for gas cylinder filling and management ;   (2) Have filling equipment, testing methods, sites, workshops, appliances, safety facilities and certain gas storage capabilities that are suitable for the filling and management of gas cylinders, and be able to provide users with gas cylinders that meet the requirements of safety technical specifications ;   (3) Have a sound filling safety management system, responsibility system, and emergency measures.   Gas cylinder filling units should provide guidance and provide services to gas cylinder users on the safe use of gas cylinders. Chapter 3 Use of Special Equipment Article 23 Units using special equipment shall strictly implement these regulations and the provisions of laws and administrative regulations related to production safety to ensure the safe use of special equipment.   Article 24 Units using special equipment shall use special equipment that meets the requirements of safety technical specifications. Before special equipment is put into use, the user shall check whether it is accompanied by the relevant documents specified in Article 15 of these Regulations.   Article 25 Before special equipment is put into use or within 30 days after it is put into use, the unit using special equipment shall register with the special equipment safety supervision and management department of the municipality directly under the Central Government or a city divided into districts. The registration mark shall be placed or attached to a conspicuous position of the special equipment.   Article 26 Special equipment user units shall establish special equipment safety technical files. Safety technical files should include the following contents:   (1) Design documents, manufacturing units, product quality certificates, usage and maintenance instructions and other documents of special equipment, as well as installation technical documents and information ;   (2) Records of regular inspections and regular self-inspections of special equipment ;   (3) Daily usage records of special equipment ;   (4) Routine maintenance records of special equipment and its safety accessories, safety protection devices, measurement and control devices and related ancillary instruments. ;   (5) Operational failure and accident records of special equipment.   Article 27 Special equipment users shall carry out regular daily maintenance of the special equipment in use and conduct regular self-inspections.   Special equipment users shall conduct self-inspections of the special equipment in use at least once a month and keep records. If the unit using special equipment discovers any abnormality during self-inspection and routine maintenance of the special equipment in use, it shall handle it in a timely manner.   Units using special equipment shall conduct regular calibration and maintenance of the safety accessories, safety protection devices, measurement and control devices and relevant ancillary instruments of the special equipment in use, and make records.   Article 28 Special equipment users shall, in accordance with the periodic inspection requirements of safety technical specifications, submit periodic inspection requirements to the special equipment inspection and testing agency one month before the expiration of the safety inspection validity period.   After receiving the request for periodic inspection, the inspection and testing agency shall conduct timely inspection in accordance with the requirements of safety technical specifications.   Special equipment that has not been regularly inspected or failed to pass the inspection shall not continue to be used.   Article 29 If special equipment malfunctions or an abnormality occurs, the user shall conduct a comprehensive inspection of the equipment and eliminate potential accident hazards before it can be put back into use.   Article 30 If special equipment has serious accident risks, has no value for modification or maintenance, or has exceeded the service life specified in safety technical specifications, the unit using the special equipment shall promptly scrap it and shall cancel it with the original registered special equipment safety supervision and management department.   Article 31 Special equipment users shall formulate accident emergency measures and rescue plans for special equipment.   Article 32 Routine maintenance of elevators must be carried out by installation, modification, repair units or elevator manufacturing units that have obtained licenses in accordance with these regulations.   Elevators should be cleaned, lubricated, adjusted and inspected at least every 15 days.   Article 33 The daily maintenance unit of the elevator shall strictly implement the * * The requirements of safety technical specifications ensure the safety and technical performance of the elevators they maintain, and are responsible for implementing on-site safety protection measures to ensure construction safety.   Elevator routine maintenance units shall be responsible for the safety performance of the elevators they maintain. After receiving notification of a fault, you should rush to the scene immediately and take necessary emergency rescue measures.   Article 34 Units that operate and use special equipment such as elevators, passenger ropeways, and large-scale amusement facilities that provide services to the public shall set up special equipment safety management agencies or staff full-time safety management personnel. ; Other units using special equipment shall set up special equipment safety management agencies or equip full-time or part-time safety management personnel according to the circumstances.   Safety management personnel of special equipment should conduct regular inspections on the use of special equipment, and deal with any problems found immediately ; In an emergency, you may decide to stop using special equipment and promptly report to the relevant person in charge of the unit.   Article 35 The operating units of passenger ropeways and large-scale amusement facilities shall conduct trial operations and routine safety inspections, and inspect and confirm safety devices before the passenger ropeways and large-scale amusement facilities are put into use every day.   Operators and users of elevators, passenger ropeways, and large-scale amusement facilities should place the safety precautions and warning signs of elevators, passenger ropeways, and large-scale amusement facilities in conspicuous locations where passengers can easily pay attention.   Article 36 The main person in charge of the operating unit of the passenger ropeway and large-scale amusement facilities shall be familiar with the relevant safety knowledge of the passenger ropeway and large-scale amusement facilities, and shall be fully responsible for the safe use of the passenger ropeway and large-scale amusement facilities.   The main person in charge of the operating unit of the passenger ropeway and large-scale amusement facilities should hold a meeting at least once a month to supervise and inspect the safe use of the passenger ropeway and large-scale amusement facilities.   Units that operate passenger ropeways and large amusement facilities should be equipped with a corresponding number of rescue equipment and first aid items based on the actual situation of the unit. Article 37 Passengers in elevators, passenger ropeways and large amusement facilities shall abide by the requirements for safety precautions and obey the instructions of relevant staff. Article 38 After an elevator is put into use, the elevator manufacturing unit shall conduct follow-up investigations and understand the safe operation of the elevators it manufactures, put forward suggestions for improvement and provide necessary technical assistance for problems existing in the safe operation of the elevator's daily maintenance unit or the elevator user unit. If it is discovered that there is a serious accident hazard in an elevator, it should be reported to the special equipment safety supervision and management department in a timely manner. The elevator manufacturing unit shall keep records of the investigation and understanding.   Article 39 Operators of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, and large amusement facilities and their relevant managers (hereinafter collectively referred to as special equipment operators) shall comply with * * Relevant regulations have been passed the assessment by the special equipment safety supervision and management department and obtained * * Only those special operators certificates in a unified format can engage in corresponding operations or management work.   Article 40 Special equipment users shall provide special equipment safety education and training to special equipment operators to ensure that special equipment operators have the necessary knowledge on the safe operation of special equipment.   Special equipment operators should strictly implement the operating procedures and relevant safety rules and regulations of special equipment during operations.   Article 41 Special equipment operators who discover potential accident hazards or other unsafe factors during operation shall immediately report to the on-site safety management personnel and the relevant person in charge of the unit. Chapter 4 Inspection and Testing Article 42 Special equipment inspection and testing institutions engaged in supervisory inspection, periodic inspection, type test inspection and inspection work specified in these Regulations shall be approved by the special equipment safety supervision and management department of the State Council.   The special equipment inspection and testing agency established by the unit using special equipment shall be responsible for the periodic inspection and type testing of special equipment within a certain scope of the unit after approval by the special equipment safety supervision and administration department of the State Council.   Article 43 Special equipment inspection and testing institutions shall meet the following conditions:   (1) Have inspection and testing personnel suitable for the inspection and testing work they are engaged in ;   (2) Have inspection and testing instruments and equipment suitable for the inspection and testing work they are engaged in ;   (3) Have a sound inspection and testing management system and inspection and testing responsibility system.   Article 44 Supervisory inspection, periodic inspection and type testing of special equipment shall be conducted by special equipment inspection and testing institutions approved in accordance with these regulations.   Special equipment inspection and testing work shall comply with the requirements of safety technical specifications.   Article 45 Special equipment inspection and testing personnel engaged in supervisory inspection, periodic inspection and type testing stipulated in these regulations must pass the assessment organized by the special equipment safety supervision and management department of the State Council and obtain an inspection and testing personnel certificate before they can engage in inspection and testing work.   Inspection and testing personnel engaged in inspection and testing work must practice in special equipment inspection and testing institutions, but may not practice in more than two inspection and testing institutions at the same time.   Article 46 Special equipment inspection and testing institutions and inspection and testing personnel shall abide by the principle of good faith and the principle of convenience for enterprises when conducting inspection and testing of special equipment, and provide reliable and convenient inspection and testing services to units that produce and use special equipment.   Special equipment inspection and testing institutions and inspection and testing personnel have the obligation to keep confidential the business secrets of the inspected and testing units involved.   Article 47 Special equipment inspection and testing institutions and inspection and testing personnel shall issue inspection and testing results and appraisal conclusions in an objective, fair and timely manner. After the inspection and testing results and identification conclusions are signed by the inspection and testing personnel, they shall be signed by the person in charge of the inspection and testing institution.   Special equipment inspection and testing institutions and inspection and testing personnel are responsible for the inspection and testing results and identification conclusions.   The special equipment safety supervision and administration department of the State Council shall organize supervision and spot checks on the inspection results and appraisal conclusions of special equipment inspection and testing institutions. The departments responsible for the safety supervision and management of special equipment at or above the county level may also organize supervision and spot inspections within their own administrative regions, but they must prevent repeated spot inspections. The results of supervisory spot checks shall be announced to the public.   Article 48 Special equipment inspection and testing institutions and inspection and testing personnel shall not engage in the production and sales of special equipment, and shall not recommend or supervise the production or sale of special equipment in their name.   Article 49 When a special equipment inspection and testing agency conducts special equipment inspection and testing and discovers serious accident risks, it shall promptly notify the special equipment user unit and report immediately to the special equipment safety supervision and management department.   Article 50: Special equipment inspection and testing institutions and inspection and testing personnel use inspection and testing work to deliberately hinder special equipment production and user units. Special equipment production and user units have the right to complain to the special equipment safety supervision and management department. The special equipment safety supervision and management department that receives the complaint shall promptly investigate and deal with it. Chapter 5 Supervision and Inspection Article 51 The special equipment safety supervision and management department shall, in accordance with the provisions of these regulations, conduct safety supervision on special equipment production and use units and inspection and testing institutions.   Special equipment safety supervision and management departments should implement key safety inspections on special equipment in schools, kindergartens, and public gathering places such as stations, passenger terminals, shopping malls, stadiums, exhibition halls, and parks.   Article 52 The special equipment safety supervision and management department may exercise the following powers when investigating and punishing suspected violations of these regulations based on reports or obtained evidence of suspected violations.:   (1) Investigate and understand the situation related to the production, use, inspection and testing suspected of violating these regulations from the legal representatives, principal persons in charge and other relevant personnel of the special equipment production and use units and inspection and testing institutions ;   (2) Review and copy relevant contracts and contracts between special equipment production and use units and inspection and testing agencies * * , account books and other relevant information ;   (3) Seal or detain special equipment or its main components that have evidence showing that they do not meet the requirements of safety technical specifications or have other serious accident risks.   Article 53 In accordance with the provisions of these Regulations, the special equipment safety supervision and management department that implements licensing, approval, and registration shall review relevant matters in strict accordance with the conditions stipulated in these Regulations and the requirements of safety technical specifications ; Those that do not meet the conditions stipulated in these Regulations and the requirements of safety technical specifications shall not be licensed, approved, or registered.   If any unit that has not obtained a license, approval or registration in accordance with the law engages in the production, use or inspection and testing activities of special equipment without authorization, the special equipment safety supervision and management department shall ban it or deal with it in accordance with the law.   If the special equipment safety supervision and management department finds that the special equipment production and use units and inspection and testing institutions that have obtained licenses, approvals, and registrations no longer meet the conditions and safety technical specifications specified in these regulations, they shall revoke the original licenses, approvals, and registrations in accordance with the law.   Article 54 When the special equipment safety supervision and management department handles the relevant administrative examination and approval matters stipulated in these Regulations, its acceptance, review, licensing and approval procedures must be made public, and it shall make a decision on licensing, approval or disapproval within 30 days from the date of acceptance of the application. ; If permission or approval is not granted, the reasons shall be explained in writing to the applicant.   Article 55 Local special equipment safety supervision and management departments at all levels shall not carry out local protection and regional blockade in any form, shall not apply for repeated licenses to special equipment production units that have obtained licenses in other places in accordance with the provisions of these regulations, nor may 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 56 The safety inspectors of the special equipment safety supervision and management department (hereinafter referred to as the special equipment safety inspectors) shall be familiar with relevant laws, regulations, rules and safety technical specifications, have corresponding professional knowledge and work experience, and have been assessed by the special equipment safety supervision and management department of the State Council and obtained a special equipment safety inspector certificate.   Special equipment safety supervisors should be loyal to their duties, adhere to principles, and enforce the law impartially.   Article 57 When the special equipment safety supervision and management department conducts safety supervision on special equipment production and use units and inspection and testing institutions, more than two special equipment safety supervisors shall participate and present valid special equipment safety supervisor certificates.   Article 58 When the special equipment safety supervision and management department implements safety supervision on special equipment production and use units and inspection and testing institutions, they shall make records of the content of each safety supervision, problems discovered and their handling, and file them after they are signed by the special equipment safety supervisors participating in the safety supervision and the relevant person in charge of the unit being inspected. If the relevant person in charge of the inspected unit refuses to sign, the special equipment safety inspection personnel shall record the situation.   Article 59 When the special equipment safety supervision and management department conducts safety supervision on special equipment production and use units and inspection and testing institutions, if it discovers violations of these Regulations and safety technical specifications or special equipment in use that have accident risks, it shall issue special equipment safety supervision instructions in writing and order relevant units to take timely measures to correct or eliminate accident risks. If emergency measures need to be taken in an emergency, a supplementary written notice shall be issued subsequently.   Article 60 The special equipment safety supervision and management department shall conduct safety supervision on special equipment production and use units and inspection and testing institutions. When discovering major illegal acts or serious accident risks, they shall take necessary measures and report to the special equipment safety supervision and management department at the higher level in a timely manner. The special equipment safety supervision and management department that receives the report shall take necessary measures to deal with it in a timely manner.   Dealing with illegal activities or serious accident risks requires local people * * When providing support and cooperation with relevant departments, the special equipment safety supervision and management department shall report to the local people * * , and notify other relevant departments. local people * * and other relevant departments should take necessary measures to deal with it in a timely manner.   Article 61 The special equipment safety supervision and management department of the State Council and the special equipment safety supervision and management departments of provinces, autonomous regions, and municipalities directly under the Central Government shall regularly announce the safety status of special equipment to the public.   Announcement of the safety status of special equipment shall include the following contents:   (1) Number of special equipment in use ;   (2) Situation, characteristics, cause analysis, and preventive countermeasures of special equipment accidents ;   (3) Other situations that need to be announced.   Article 62 If an accident occurs with special equipment, the unit where the accident occurred shall quickly take effective measures, organize rescue, prevent the accident from expanding, reduce casualties and property losses, and comply with * * Relevant regulations require timely and truthful reporting to the departments responsible for safety production supervision and management and the special equipment safety supervision and management department and other relevant departments. No concealment, false reporting or delay in reporting is allowed.   Article 63 If ​​an accident occurs with special equipment, the * * Relevant regulations require accident investigation and accountability. Chapter Six Legal Responsibilities Article 64 Anyone who engages in pressure vessel design activities without permission shall be banned by the special equipment safety supervision and management department and fined not less than RMB 50,000 but not more than RMB 200,000. ; If there is illegal income, the illegal income will be confiscated ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be held criminally responsible in accordance with the provisions of the criminal law on illegal business crimes or other crimes.   Article 65 If the design documents of boilers, gas cylinders, oxygen chambers, passenger ropeways, and large amusement facilities are used for manufacturing without authorization by an inspection and testing agency approved by the special equipment safety supervision and management department of the State Council, the special equipment safety supervision and management department shall order corrections, confiscate the illegally manufactured products, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be held criminally accountable in accordance with the provisions of the Criminal Law on the crime of producing and selling counterfeit and inferior products, the crime of illegal business operations, or other crimes.   Article 66 If any special equipment products or components that are subject to type testing in accordance with the requirements of safety technical specifications or new trial-produced special equipment products or components are not subjected to type testing of the complete machine or components, the special equipment safety supervision and management department shall order corrections within a time limit. ; If corrections are made within the time limit, a fine of not less than 20,000 yuan but not more than 100,000 yuan will be imposed.   Article 67 Anyone who engages in the manufacturing, installation, transformation of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, large amusement facilities and their safety accessories and safety protection devices without permission, as well as the manufacturing of pressure pipeline components, shall be banned by the special equipment safety supervision and management department, and the illegally manufactured products shall be confiscated. If the products have been installed or transformed, they shall be ordered to be restored to their original state or ordered to be reinstalled or transformed by a licensed unit within a time limit, and a fine of not less than RMB 50,000 but not more than RMB 200,000 shall be imposed. ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of producing and selling counterfeit and inferior products, the crime of illegal business operations, the crime of major liability accidents, or other crimes.   Article 68 When special equipment leaves the factory, if it is not accompanied by design documents, product quality certificates, installation, use and maintenance instructions, supervision and inspection certificates and other documents in accordance with the requirements of safety technical regulations, the special equipment safety supervision and management department shall order it to make corrections. ; If the circumstances are serious, the company will be ordered to stop production and sales, and a fine of not more than 30% of the value of illegal production or sales will be imposed. ; If there are illegal gains, the illegal gains will be confiscated.   Article 69 Anyone who engages in the repair or daily maintenance of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, or large recreational facilities without permission shall be banned by the special equipment safety supervision and management department and fined not less than RMB 10,000 but not more than RMB 50,000. ; If there is illegal income, the illegal income will be confiscated ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be held criminally responsible in accordance with the provisions of the Criminal Law on the crime of illegal business operations, the crime of major liability accidents or other crimes.   Article 70 The construction unit that installs, transforms, and maintains boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, and large-scale recreational facilities fails to notify the municipality directly under the Central Government or the special equipment department of a districted city in writing of the proposed installation, transformation, and maintenance of special equipment before construction. If the safety supervision and management department is prepared to carry out construction immediately, or if the relevant technical data is not handed over to the user unit of the boiler, pressure vessel, elevator, hoisting machinery, passenger ropeway or large amusement facility within 30 days after acceptance, the special equipment safety supervision and management department shall order it to make corrections within a time limit. ; If corrections are made within the time limit, a fine of not less than RMB 2,000 but not more than RMB 10,000 will be imposed.   Article 71 The manufacturing process of boilers, pressure vessels, pressure piping components, hoisting machinery, and large-scale amusement facilities and the installation, modification, and major maintenance processes of boilers, pressure vessels, elevators, hoisting machinery, passenger ropeways, and large-scale amusement facilities, inspection and testing machines that have not been approved by the special equipment safety supervision and administration department of the State Council If an organization conducts supervision and inspection in accordance with the requirements of safety technical specifications, and if it leaves the factory or is delivered for use, the special equipment safety supervision and management department shall order it to make corrections and confiscate the illegally produced and sold products. If it has been installed, modified or major repaired, it shall be ordered to conduct supervision and inspection within a time limit and be fined not less than 50,000 yuan but not more than 200,000 yuan. ; If there is illegal income, the illegal income will be confiscated ; If the circumstances are serious, the license already obtained by the manufacturing, installation, transformation or maintenance unit shall be revoked, and its business license shall be revoked by the industrial and commercial administration department. ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be held criminally accountable in accordance with the provisions of the criminal law on the crime of producing and selling counterfeit and inferior products or other crimes. Article 72 Anyone who engages in gas cylinder filling activities without permission shall be banned by the special equipment safety supervision and management department, illegally filled gas cylinders shall be confiscated, and a fine of not less than RMB 50,000 but not more than RMB 200,000 shall be imposed. ; If there is illegal income, the illegal income will be confiscated ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be held criminally responsible in accordance with the provisions of the criminal law on illegal business crimes or other crimes.   Article 73 If an elevator manufacturing unit has any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a time limit ; If corrections are not made within the time limit, a notice of criticism will be issued:   (1) Failure to perform calibration and debugging of elevators in accordance with Article 19 of these Regulations ;   (2) When conducting follow-up investigation and understanding of the safe operation of the elevator, it is discovered that there is a serious accident hazard and the accident is not reported to the special equipment safety supervision and management department in a timely manner.   Article 74 If a special equipment user unit has any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a time limit. ; If corrections are made within the time limit, a fine of not less than RMB 2,000 but not more than RMB 20,000 will be imposed. ; If the circumstances are serious, it will be ordered to stop using or suspend production and business for rectification.:   (1) Failure to register with the special equipment safety supervision and management department before putting special equipment into use or within 30 days after it is put into use, and put it into use without authorization ;   (2) Failure to establish special equipment safety technical files in accordance with the provisions of Article 26 of these Regulations ;   (3) Failure to carry out regular daily maintenance and regular self-inspections on the special equipment in use in accordance with the provisions of Article 27 of these Regulations, or to conduct regular calibration and maintenance of the safety accessories, safety protection devices, measurement and control devices and related ancillary instruments of the special equipment in use, and to make records. ;   (4) Failure to comply with the periodic inspection requirements of safety technical specifications and submit periodic inspection requirements to the special equipment inspection and testing agency one month before the expiration of the safety inspection qualification ;   (5) Using special equipment that has not been regularly inspected or has failed to pass the inspection ;   (6) When special equipment malfunctions or an abnormality occurs, it continues to be put into use without conducting a comprehensive inspection and eliminating potential accident hazards. ;   (7) Failure to formulate accident emergency measures and rescue plans for special equipment ;   (8) Failure to clean, lubricate, adjust and inspect the elevator in accordance with the provisions of Paragraph 2 of Article 32 of these Regulations.   Article 75 If special equipment has serious accident risks, has no value for modification or maintenance, or exceeds the service life specified in safety technical specifications, and the user unit of the special equipment fails to scrap it and cancel it with the original registered special equipment safety supervision and management department, the special equipment safety supervision and management department shall order it to make corrections within a time limit. ; If corrections are made within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan will be imposed.   Article 76 If an operator or user of an elevator, passenger ropeway or large amusement facility has any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a time limit. ; If it fails to make corrections within the time limit, it will be ordered to stop using or suspend production and business for rectification, and a fine of not less than RMB 10,000 but not more than RMB 50,000 will be imposed.:   (1) Before the passenger ropeways and large amusement facilities are put into use every day, trial operations and routine safety inspections are not carried out, and the safety devices are not inspected and confirmed. ;   (2) Failure to place safety precautions and warning signs on elevators, passenger ropeways, and large amusement facilities in conspicuous locations that are easily noticed by passengers.   Article 77 If a special equipment user unit has any of the following circumstances, the special equipment safety supervision and management department shall order it to make corrections within a time limit. ; If it fails to make corrections within the time limit, it will be ordered to stop using or suspend production and business for rectification, and a fine of not less than 2,000 yuan but not more than 20,000 yuan will be imposed.:   (1) Failure to set up a special equipment safety management agency or provide full-time or part-time safety management personnel in accordance with the provisions of these Regulations ;   (2) Personnel engaged in special equipment operations who have not obtained the corresponding special operation personnel certificate and work on duty ;   (3) Failure to provide special equipment safety education and training to special equipment operators.   Article 78 If the main person in charge of a unit using special equipment fails to immediately organize a rescue when a major special equipment accident occurs in the unit, or leaves his post without authorization or escapes during the investigation and handling of the accident, he shall be demoted or dismissed. ; Anyone who violates criminal law shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of major liability accidents or other crimes.   If the main person in charge of a special equipment user unit conceals, makes false reports or delays in reporting a special equipment accident, he shall be punished in accordance with the provisions of the preceding paragraph.   Article 79 If a special equipment operator violates the operating procedures of special equipment and relevant safety rules and regulations, or discovers potential accident hazards or other unsafe factors during the operation and fails to report immediately to the on-site safety management personnel and the relevant person in charge of the unit, the unit using the special equipment shall be criticized, educated, and punished ; Anyone who violates criminal law shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of major liability accidents or other crimes.   Article 80 Anyone who engages in supervision inspection, periodic inspection, type testing and other inspection and testing activities stipulated in these Regulations without authorization shall be banned by the special equipment safety supervision and management department and fined not less than RMB 50,000 but not more than RMB 200,000. ; If there is illegal income, the illegal income will be confiscated ; If criminal law is violated, the responsible person in charge and other directly responsible persons shall be held criminally responsible in accordance with the provisions of the criminal law on illegal business crimes or other crimes.   Article 81 If a special equipment inspection and testing institution commits any of the following circumstances, the special equipment safety supervision and management department shall impose a fine of not less than RMB 20,000 but not more than RMB 100,000. ; If the circumstances are serious, their inspection and testing qualifications will be revoked:   (1) Inspection and testing work does not meet the requirements of safety technical specifications ;   (2) Employing personnel who have not passed the assessment organized by the special equipment safety supervision and management department and obtained the inspection and testing personnel certificate to engage in relevant inspection and testing work ;   (3) During the inspection and testing of special equipment, serious accident risks are discovered, but the unit using the special equipment is not notified in a timely manner and reported immediately to the special equipment safety supervision and management department.   Article 82 If special equipment inspection and testing institutions and inspection and testing personnel issue false inspection and testing results or appraisal conclusions, or the inspection and testing results or appraisal conclusions are seriously inaccurate, the special equipment safety supervision and management department shall confiscate the illegal income of the inspection and testing agency and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. If the circumstances are serious, its inspection and testing qualifications shall be revoked ; Inspection and testing personnel shall be fined not less than RMB 5,000 but not more than RMB 50,000. If the circumstances are serious, their qualifications for inspection and testing shall be revoked. If criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the Criminal Law regarding the crime of intermediary organization personnel providing false certification documents, the crime of intermediary organization personnel providing materially inaccurate certification documents, or other crimes.   Special equipment inspection and testing institutions and inspection and testing personnel shall be liable for compensation if they issue false inspection and testing results or appraisal conclusions, or if the inspection and testing results or appraisal conclusions are seriously inaccurate, causing damage.   Article 83 If a special equipment inspection and testing institution or inspection and testing personnel engages in the production or sales of special equipment, or recommends or supervises the production or sales of special equipment in its name, the special equipment safety supervision and management department shall revoke the qualifications of the special equipment inspection and testing institution and inspection and testing personnel, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. ; If there are illegal gains, the illegal gains will be confiscated.   Article 84 If special equipment inspection and testing institutions and inspection and testing personnel use inspection and testing work to deliberately hinder special equipment production and use units, they shall be ordered to make corrections by the special equipment safety supervision and management department. ; Those who refuse to make corrections will have their inspection and testing qualifications revoked.   Article 85 Inspection and testing personnel who are engaged in inspection and testing work but do not practice in special equipment inspection and testing institutions or practice in two or more inspection and testing institutions at the same time shall be ordered to make corrections by the special equipment safety supervision and management department. If the circumstances are serious, they shall be punished with a suspension of practice for not less than 6 months but not more than 2 years. ; If there are illegal gains, the illegal gains will be confiscated.   Article 86 If the special equipment safety supervision and management department and its special equipment safety supervisors commit any of the following illegal acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion or dismissal in accordance with the law. ; Anyone who violates criminal law shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on bribery, abuse of power, dereliction of duty or other crimes.:   (1) Failure to implement licensing, approval, and registration in accordance with the conditions and safety technical specifications stipulated in these regulations ;   (2) Those who are found to be engaged in the production, use or inspection and testing activities of special equipment without permission, approval or registration shall not be banned or dealt with in accordance with the law. ;   (3) It is discovered that the unit producing or using special equipment no longer meets the conditions stipulated in these Regulations and does not revoke its original license, or it is discovered that illegal activities in the production or use of special equipment are not investigated and punished ;   (4) Failure to revoke the original approval of a special equipment inspection and testing institution when it is discovered that it no longer meets the conditions stipulated in these Regulations, or failure to investigate and punish its behavior in issuing false inspection and testing results, appraisal conclusions, or seriously inaccurate inspection and testing results and appraisal conclusions. ;   (5) Duplicate licensing for special equipment production units that have obtained licenses elsewhere in accordance with the provisions of these Regulations, or repeated inspection and testing of special equipment that has passed inspection and testing elsewhere in accordance with the provisions of these Regulations ;   (6) Failure to deal with any violation of these Regulations and safety technical specifications or the special equipment in use that poses serious accident risks and not handle the matter immediately ;   (7) Failure to report major illegal acts or serious accident risks to the superior special equipment safety supervision and management department in a timely manner, or the special equipment safety supervision and management department that receives the report does not handle it immediately.   Article 87 If a unit that produces or uses special equipment or an inspection and testing institution refuses to accept the safety inspection carried out by the special equipment safety supervision and management department in accordance with the law, the special equipment safety supervision and management department shall order it to make corrections within a time limit. ; If the company fails to make corrections within the time limit, it will be ordered to suspend production and business for rectification, and a fine of not less than 20,000 yuan but not more than 100,000 yuan will be imposed. ; Anyone who violates criminal law shall be investigated for criminal liability in accordance with the provisions of the Criminal Law on the crime of obstructing official business or other crimes. Chapter 7 Supplementary Provisions Article 88 The meanings of the following terms in these Regulations are::   Boilers refer to closed equipment that uses various fuels, electricity or other energy sources to heat the contained liquid to certain parameters and carry a certain pressure. Its scope is defined as pressure-bearing steam boilers with a volume greater than or equal to 30L. ; Pressure hot water boilers with outlet water pressure greater than or equal to 0.1MPa (gauge pressure) and rated power greater than or equal to 0.1MW ; Organic heat carrier boiler.   Pressure vessels refer to closed equipment that contains gas or liquid and carries a certain pressure. Its scope is defined as fixed containers and mobile containers for gases, liquefied gases, and liquids whose maximum working temperature is higher than or equal to the standard boiling point. The maximum working pressure is greater than or equal to 0.1MPa (gauge pressure), and the product of pressure and volume is greater than or equal to 2.5MPa·L. ; Cylinders containing gases, liquefied gases and liquids with a standard boiling point equal to or lower than 60°C whose nominal working pressure is greater than or equal to 0.2MPa (gauge pressure), and the product of pressure and volume is greater than or equal to 1.0MPa·L ; Oxygen chamber, etc.   Pressure pipeline refers to tubular equipment used to transport gas or liquid using a certain pressure. Its scope is defined as gas, liquefied gas, steam medium with a maximum working pressure greater than or equal to 0.1MPa (gauge pressure) or flammable, explosive, toxic, corrosive liquid medium, maximum working temperature higher than or equal to the standard boiling point, and pipes with a nominal diameter greater than 25mm.   Elevators refer to mechanical and electrical equipment that is powered by power and uses boxes running along rigid guide rails or steps (steps) running along fixed lines to lift or transport people and goods in parallel, including passenger (cargo) elevators, escalators, moving walkways, etc.   Hoisting machinery refers to electromechanical equipment used for vertical lifting or vertical lifting and horizontal movement of heavy objects. Its scope is defined as lifts with a rated lifting capacity greater than or equal to 0.5t. ; Cranes with a rated lifting capacity greater than or equal to 1t and a lifting height greater than or equal to 2m and electric hoists with fixed load-bearing forms, etc.   Passenger ropeway refers to electromechanical equipment that is driven by power and uses flexible ropes to pull boxes and other vehicles to transport people, including passenger aerial ropeways, passenger cable cars, passenger towing ropeways, etc.   Large-scale amusement facilities refer to facilities used for business purposes to carry passengers for amusement rides. Their scope is stipulated as those with a designed maximum operating linear speed greater than or equal to 2m/s, or an operating height higher than or equal to 2m from the ground. * * type amusement facilities.   Special equipment includes its attached safety accessories, safety protection devices and facilities related to safety protection devices.   Article 89 The safety supervision and management measures for the design, installation and use of pressure pipelines shall be formulated separately by the State Council.   Article 90 Special equipment inspection and testing institutions shall conduct inspection and testing in accordance with the provisions of these regulations and charge fees. * * Relevant regulations are implemented.   Article 91 These Regulations shall come into effect on June 1, 2003. The "Interim Regulations on Safety Supervision of Boilers and Pressure Vessels" promulgated by the State Council on February 6, 1982 were abolished at the same time.
Reply #22009-12-12
In this regard, the Ministry of Construction also has regulations, but there are some difficulties in implementation.

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