Full Text Excerpt | “Regulations on the Safety Supervision of Special Equipment (Draft for Comment)”

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Regulations on the Safety Supervision of Special Equipment (Draft for Comment) Chapter I General Provisions Article 1 These regulations are formulated in accordance with the Law on the Safety of Special Equipment, the Law on Energy Conservation, and the Law on the Prevention and Control of Air Pollution, 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 related to 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 effect after being approved by the State Council. Article 3: The production (including design, manufacturing, installation, modification, and repair; the same applies 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 installation, use, as well as any modifications, repairs, inspections, testing of lifting machinery and special motor vehicles used within housing construction sites and municipal engineering sites, together with the supervision and management of inspection and testing institutions involved in these processes, shall be carried out by the construction administrative authorities in accordance with relevant laws and regulations. The supervision and management of the use of long-distance pipelines and utility pipelines shall be carried out by the relevant departments in accordance with the provisions of these regulations as well as other 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 nationwide. The departments responsible for the supervision and management of special equipment safety at the local level, at or above the county level, carry out safety inspections on special equipment within their respective administrative areas (hereinafter collectively referred to as the departments responsible for the supervision and management of special equipment safety). Article 5 Production and utilization units of special equipment shall establish and improve safety and energy-saving management systems for such equipment, as well as post-based 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 manufacturing and using units, as well as special equipment inspection and testing institutions, 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 fulfill their responsibilities for local supervision, clarify the division of duties, urge and support the departments responsible for the safety supervision of special equipment to carry out their safety inspection duties in accordance with the law, and strengthen the construction of infrastructure related to special equipment as well as the capabilities for its supervision; the funds required for this purpose shall be included in the budget at that level. Regarding the major issues identified and reported by the departments responsible for the safety supervision and management of special equipment, the local people’s government at the corresponding level shall establish a coordination mechanism to take the lead in organizing relevant departments to address these issues promptly. Townships and town peoples’, sub-district offices, as well as development zones, industrial parks, port areas, scenic areas, etc., shall conduct inspections and supervision on special equipment within their respective administrative or management areas, and fulfill their local supervision responsibilities in accordance with the law. The relevant industry authorities and regulatory bodies shall, in accordance with the principles that \"those in charge of an industry must also be responsible for safety, those handling specific tasks must ensure safety, and those involved in production and operation must prioritize safety\", as well as the principle that \"the party in charge should take the lead\", integrate special equipment safety into the overall plans for safety management within their respective industries, and urge manufacturers and users of special equipment to fulfill their legal responsibilities in this regard. 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 and low-carbon technologies for special equipment, in order to promote the innovation and application of such technologies. Units engaged in the production and use of special equipment, as well as inspection and testing institutions for special equipment, shall ensure adequate investment in safety and energy conservation. **Encourage the development of intelligent management systems for special equipment and quality and safety traceability systems. **Encourage the implementation of a liability insurance system for special equipment to enhance the capacity to cover accident damages ； Encourage the promotion and application of elevator safety insurance models such as “insurance + services” and “elevator end-of-life insurance” to improve the level of elevator safety governance. 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 supervision. 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 manufacturers are responsible for the safety performance and energy efficiency indicators of the special equipment they produce. They must not produce any special equipment that fails to meet safety performance requirements or energy efficiency standards, nor may they produce any special equipment that has been explicitly phased out by industrial policies. Article 11 Design entities for pressure vessels and pressure pipelines must obtain permission from the special equipment safety supervision and administration department before they can engage in the design of pressure vessels and pressure pipelines. The design units for pressure vessels and pressure pipelines shall meet the following conditions: (1) They must have designers, design reviewers, and design approvers who are qualified for the design of pressure vessels and pressure pipelines; (2) They must have facilities and equipment suitable for the design of such vessels and pipelines ； (III) There are sound management systems and responsibility systems appropriate for the design of pressure vessels and pressure pipelines. Article 12: The design documents for boilers, pressure vessels, gas cylinders (hereinafter referred to as gas cylinders), oxygen chambers, passenger cableways, and large-scale amusement facilities must be evaluated by an inspection agency approved by the department in charge of safety supervision and management of special equipment before they can be used for manufacturing. During the evaluation of boiler design documents, reviews on safety and environmental protection, as well as energy conservation and low carbon emissions, shall be conducted. Article 13 Special equipment products, components that require type testing (including product energy efficiency 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 **A licensing system shall be implemented for the production of special equipment in accordance with the principle of classified supervision and management. Special equipment manufacturing units must meet the following conditions and obtain permission from the department responsible for the supervision and management of special equipment safety before they can engage in relevant activities: (1) They must have professional technical personnel and workers competent for production ； (II) There must be equipment, facilities, and a workplace suitable for production ； (III) It has sound systems for quality assurance, safety management, and job responsibilities. (IV) An information system that ensures traceability for products required by safety technical specifications. The above list of permitted production units for special equipment is determined by the department in charge of special equipment safety supervision and management under the State Council. 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: Construction units responsible for the installation, modification, or repair of special equipment shall inform the special equipment safety supervision and management departments of municipalities directly under the Central Government or cities divided into districts of the planned installation, modification, or repair work prior to commencing the work; construction may proceed after such notification has been given. Article 17 The installation, renovation, and major repairs of elevators must be carried out by the elevator manufacturer or by a unit that has obtained permission in accordance with these Regulations, and which has been entrusted and approved by contract by the manufacturer. The elevator manufacturer is responsible for the safety performance of the elevator. The manufacturer of the elevator no longer possesses the production license for elevators of that category ； Alternatively, if the elevator user intends to select a qualified entity on its own to carry out the renovation or major repair of the elevator, such work can be carried out by a qualified entity. The units responsible for the renovation or major repairs shall affix equipment nameplates in accordance with relevant requirements and be accountable for the safety performance of the elevators. 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 contractor shall comply with the work safety requirements at the construction site and implement on-site safety protection measures. During the elevator installation process, the supervision of work safety at the construction site shall be carried out by relevant departments in accordance with the provisions of relevant laws and administrative regulations. Article 19: The manufacturing, installation, modification, and repair 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 major repair work, it shall provide safety guidance and supervision for such installation, modification, or major repair activities ； After the installation, modification, or major repair 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. Units engaged in the manufacture, renovation, or repair of elevators shall specify that the quality warranty period for the elevators they manufacture, renovate, or undergo major repairs on shall be no less than five years. During the quality assurance period, if there are quality issues with the main components and safety devices of the elevator, the manufacturer, renovator, or major repairer of the elevator shall be responsible for carrying out free repairs or replacements. Article 20: After the installation, modification, or major repair of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, as well as the modification or major repair of specialized motor vehicles used within a site (plant), the construction units responsible for such work shall transfer the relevant technical documents to the units that will use these facilities within 30 days after the completion of the work. 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 deposit it in the safety technical file of such special equipment. Article 21: The manufacturing process of boilers, pressure vessels, and pressure pipeline components, as well as the installation, modification, and major repair processes of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, must be subject to supervision and inspection by inspection agencies approved by the special equipment safety supervision and management department, 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, in accordance with the safety technical specifications, obtain permission from the special equipment safety supervision and management department 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) It shall have filling equipment, testing methods, premises and factories, instruments, and safety facilities suitable for filling and management ； (III) It has a sound filling management system, responsibility system, and emergency response measures ； (IV) An information system that ensures traceability for products required by safety technical specifications. Cylinder filling units shall fulfill the responsibilities and obligations of the user units as stipulated in these regulations, assume responsibility for the safe use of cylinders, carry out registration for cylinder use in accordance with the requirements of safety technical specifications, promptly apply for regular inspections, and cancel those cylinders that have reached the end-of-life condition by rendering them unusable. Cylinder filling units shall fill cylinders that meet the requirements of safety technical specifications and supply them to gas users, while also providing guidance to those users on the safe use of cylinders. Article 23: Special equipment manufacturing units shall appoint a director for quality and safety as well as quality and safety officers to assist the principal responsible person in ensuring the quality and safety of special equipment. Special equipment manufacturing units shall assign full-time safety management personnel to be responsible for quality and safety matters during the production process, as well as to oversee the implementation of quality and safety control procedures and requirements. Such units shall also employ special equipment operators who hold the necessary certifications, in accordance with relevant regulations. Chapter 3: Use of Special Equipment Article 24: Units that use special equipment shall strictly comply with these regulations as well as relevant laws and administrative regulations on work safety, in order to ensure the safe use of such equipment. Article 25: 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 26: Before putting special equipment into use or within 30 days after its deployment, the entity using such equipment shall register it with the special equipment safety supervision and management department of the prefecture-level city, in accordance with the requirements of the safety technical specifications. The special equipment safety supervision and management department of the prefecture-level city may delegate this registration task to the special equipment safety supervision and management department at the next lower level. Long-distance pipelines and utility pipelines in pressure pipelines do not require registration for use, and their regular inspection information must be entered into the inspection information system as required. The registration mark shall be placed or attached in a prominent position on such special equipment. Units that use special equipment shall not purchase second-hand special equipment that has not undergone registration for use, nor shall they resell, transfer, or hand over such equipment that lacks such registration. Article 27: Special equipment users shall establish safety technical files for such equipment. The safety technical documentation shall include the following: (1) design documents of 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 28: 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 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 agencies. Article 29: 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 agency one month before the expiration of the valid period for which the safety inspection was approved. Upon receiving a request for periodic inspection, the inspection agency shall promptly conduct safety performance inspections and energy efficiency tests in accordance with the requirements of the safety technical specifications. Special equipment that has not undergone regular inspection or has failed such inspection shall not be used any further. Elevator users shall conduct self-inspections in accordance with the requirements of safety technical specifications; those who do not have the capability to carry out such inspections may, in line with these specifications, entrust a qualified entity to perform the inspections. Elevators that have not been inspected must not be used any longer. Article 30: When special equipment malfunctions or exhibits abnormal conditions, the user unit shall conduct a thorough inspection of it; it may be put back into use only 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 31: If 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 go through the cancellation procedures with the original department responsible for the supervision and management of special equipment safety. Article 32: 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. Elevators shall be regularly maintained through cleaning, lubrication, adjustment, monitoring, and inspection in accordance with the requirements of safety technical specifications. Article 33: The unit responsible for the daily maintenance of elevators shall strictly comply with the requirements of **safety technical specifications during such maintenance, to ensure the safety performance of the elevators being maintained. It is also responsible for implementing on-site safety measures to guarantee safety during the maintenance work. Article 34: Elevator users shall ensure that the elevator’s emergency alarm system responds effectively. Upon receiving an alarm of an elevator malfunction, they shall immediately organize rescue efforts, notify the maintenance company, and take necessary emergency response measures such as communication and reassurance. Upon receiving a notification of a malfunction from the entity that uses the elevator, the unit responsible for its regular maintenance shall immediately arrive at the scene and take the necessary emergency rescue measures. People’s governments at all local levels shall incorporate elevator emergency rescue into the local emergency rescue system, establish a public service platform for elevator emergency rescue, and provide unified coordination and command for such rescue efforts. Article 35: Operators of special equipment that provides services to the public, such as elevators, passenger cableways, large-scale amusement facilities, and off-road tourist vehicles used within factories or sites, shall establish a special equipment safety management department or appoint 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 36: The operating entities of passenger cableways, large-scale amusement facilities, and non-highway tourist vehicles used within premises (factories) shall conduct trial runs and routine safety inspections prior to each day of use, as well as inspect and verify the safety devices. The operating entities of elevators, passenger cable cars, large-scale amusement facilities, and non-highway tourist vehicles used within premises (factories) shall place safety precautions and warning signs in prominent locations where they can be easily seen by passengers. Article 37 The principal responsible person of a special equipment user shall be familiar with the relevant safety knowledge regarding special equipment and bear full responsibility for the safe use of such equipment. Units that use special equipment shall appoint a safety director and safety officers to assist the principal responsible persons in managing the safety aspects of such equipment. The users of special equipment shall, in light of the actual conditions of their own units, provide an appropriate amount of rescue equipment and first-aid supplies. Article 38 Passengers of elevators, passenger cableways, large-scale amusement facilities, and non-highway tourist vehicles used within premises (factories) shall comply with the requirements of the safety usage instructions and safety precautions, and obey the management and instructions of the relevant staff ； In the event of abnormal operation, evacuation should be carried out in an orderly manner in accordance with the safety guidelines. Article 39: The entity responsible for using an elevator shall be determined in accordance with the following principles: (1) In the case of a newly installed elevator that has not yet had its ownership transferred, the project construction entity is the entity responsible for its use ； (II) In the case of a single property right with self-management, the owner is the user unit ； (III) In cases where management is entrusted to market entities such as property service companies, the entrusted party is the user unit ； (4) In cases where an elevator is installed in a rented property or where an elevator is leased, the lessor shall be regarded as the user. However, if otherwise provided by law or agreed upon by the parties, such provisions or agreements shall prevail ； (5) In the case of jointly owned property, the co-owners must entrust a property service enterprise or a professional company or other market entities to manage the elevator, with the entrusted party serving as the user. If it is not possible to determine the user entity in accordance with the above principles, the people’s government of the township where the elevator is located and the sub-district office shall coordinate to make a decision, or they may designate the property service center to which it belongs as the user entity. Article 40: 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 41 Special equipment operators and their relevant supervisors (hereinafter collectively referred to as special equipment operators) shall obtain the corresponding qualifications in accordance with **relevant regulations before they can engage in the corresponding operations or supervision work. The above requirements regarding the classification and management of personnel operating special equipment are determined by the department responsible for the supervision and management of special equipment safety under the State Council. Article 42: The users of special equipment shall provide safety and energy-saving education and training for the 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 43: Special equipment operators shall immediately report any potential accident hazards or other safety concerns identified during operation to the on-site safety managers and the relevant responsible persons of the unit. Chapter 4 Inspection and Testing Article 44 Special equipment inspection agencies that carry out supervision inspections, periodic inspections, and type tests (including product energy efficiency testing) as stipulated in these regulations, as well as special equipment testing agencies that provide testing services specifically for the production, operation, and use of special equipment, must be approved by the department responsible for the safety supervision and management of special equipment. Special equipment inspection agencies, which are public welfare institutions established by the local people’s authorities and tasked with ensuring the safety of special equipment, carry out supervision and periodic inspections of such equipment within the areas designated by the local people’s authorities, after obtaining approval from the authorities responsible for the safety supervision and management of special equipment. These agencies provide technical support to the local authorities in charge of safety supervision and management of special equipment. The special equipment inspection agencies established by the entities that use such equipment, upon approval by the authorities responsible for the safety supervision and management of special equipment, are tasked with carrying out regular inspections of the special equipment falling within the scope of their authorization. The requirements for the approval and supervision of such special equipment inspection and testing institutions are determined by the department in charge of special equipment safety supervision and management under the State Council. Article 45 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 inspection and testing management system as well as an inspection and testing responsibility system. Article 46 The supervision inspection, periodic inspection, type testing, and 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. Information on the supervision and inspection, periodic inspections, and type tests of special equipment shall be entered into the information system in accordance with regulations. Article 47: Personnel engaged in the inspection and testing of special equipment as specified in these regulations must pass an assessment organized by the department responsible for the safety supervision and management of special equipment and obtain a certificate for inspection and testing personnel before they may carry out such work. A system for public disclosure of the qualifications of personnel involved in the inspection and testing of special equipment shall be implemented. Personnel engaged in the inspection and testing of special equipment shall not practice at more than two inspection and testing agencies or units simultaneously. Article 48 When conducting inspections and tests on special equipment, inspection and testing institutions as well as inspectors and testers 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 their inspectors and testers are obligated to keep confidential any **secrets and trade secrets of the units under inspection that come to their knowledge during the inspection and testing process. Article 49 Special equipment inspection and testing institutions, as well as inspection and testing personnel, shall issue inspection and testing results and appraisal conclusions in an objective, fair, and timely manner. The inspection and testing results as well as the assessment conclusions shall be signed by the personnel who conducted the inspections and tests, and then signed by the person in charge of the inspection and testing institution. Special equipment inspection and testing agencies, as well as the inspectors and testers, are responsible for the inspection and testing results and the assessment conclusions. The department responsible for the safety supervision and management of special equipment shall organize supervised random inspections of the inspection and testing agencies for special equipment. The results of supervised random inspections should be made public. Article 50 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 51 When special equipment inspection and testing institutions conduct inspections and tests on such equipment and discover serious potential accident hazards or excessive energy consumption, they shall promptly inform the users of the special equipment and immediately report to the department responsible for the supervision and management of special equipment safety. When a special equipment inspection agency discovers cylinders that should be scrapped, their functional capabilities must be disabled before the cylinders are disposed of. Article 52: If special equipment inspection and testing institutions or inspectors and testers 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 53 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 54 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 with and obtain information from the legal representatives, principal persons in charge, and other relevant personnel of special equipment manufacturing and using units as well as inspection and testing institutions regarding matters related to suspected violations of the regulations in production, use, inspection, and testing ； (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 accident hazards or excessive energy consumption, shall be sealed up or seized. Article 55 The special equipment safety supervision and administration departments responsible for granting permits, approvals, and registrations in accordance with the provisions of these Regulations shall strictly examine relevant matters based on the conditions stipulated in these Regulations and the requirements of safety technical specifications ； Those that do not meet the requirements stipulated in these regulations and the 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 license is revoked in accordance with the provisions of these regulations, the special equipment safety supervision and management department will not accept any new license applications from such entity for 3 years starting from the date of revocation. Article 56 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, examination, licensing, and approval public. They shall also issue a decision regarding approval, authorization, or refusal to approve or authorize within 30 days from the date of accepting an application ； If permission or approval is not granted, the reasons shall be explained in writing to the applicant. Article 57: 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 58 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 must pass assessments 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 59 When the safety supervision and management department for 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 60 The departments responsible for the safety supervision and management of special equipment shall conduct safety inspections on special equipment manufacturers, users, and inspection and testing institutions. They shall keep records of the contents of each inspection, the problems identified, and the actions taken to address them; such records shall be signed by the personnel conducting the safety inspections and by the relevant responsible persons of the inspected entities before being filed. If the responsible person of the unit being inspected refuses to sign, the special equipment safety inspectors shall document the situation. Article 61 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 written instructions regarding safety inspections for special equipment, ordering the relevant entities to take timely measures to make corrections or eliminate those potential accident risks. If emergency measures need to be taken in an emergency situation, a written notice shall be issued subsequently. Article 62 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 63 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 64 An accident involving special equipment refers to an accident that occurs with special equipment listed in the \"Catalogue of Special Equipment\" due to defects in the equipment itself, as well as damage or failure of its safety devices and accessories; or it may result from relevant personnel involved with such equipment violating the laws, regulations, rules, and safety technical standards applicable to special equipment. 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) ； (II) Accidents involving special equipment that result in direct economic losses of over 100 million yuan ； (III) Leakage of toxic substances from pressure vessels and pressure pipelines, resulting in the evacuation of more than 150,000 people. Article 65 A major accident shall be deemed to exist under any of the following circumstances: (1) An accident involving special equipment results in 10 to 30 deaths, or 50 to 100 serious injuries ； (II) Accidents involving special equipment that result in direct economic losses of between 50 million yuan and 100 million yuan ； (III) Explosions of boilers with a capacity of over 600 megawatts ； (IV) 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. Article 66 A relatively serious accident shall be considered in any of the following circumstances: (1) An accident involving special equipment results in 3 to 10 deaths, or 10 to 50 serious injuries ； (II) Accidents involving special equipment that result in direct economic losses of between 10 million yuan and 50 million yuan ； (III) Boilers of 600 megawatts or more that have been shut down due to safety issues for more than 240 hours ； (IV) 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. Article 67 A general accident is defined as one falling under any of the following circumstances: (1) An accident involving special equipment results in 3 or fewer deaths, or 10 or fewer serious injuries ； (II) Accidents involving special equipment that result in direct economic losses of between 3 million yuan and 10 million yuan ； (3) Explosions of boilers, pressure vessels, and pressure pipelines ； (IV) Overall overturning of lifting machinery ； (5) Leakage of toxic substances from pressure vessels or pressure pipelines, resulting in the evacuation of more than 500 but less than 10,000 people ； (VI) People trapped in the elevator car for more than 2 hours ； (7) Persons trapped at a height on a passenger cable car for more than 3.5 hours ； (8) People trapped at a height on large amusement rides for more than 1 hour. In addition to the provisions of the preceding paragraph, the department under the State Council responsible for the safety supervision and management of special equipment may issue supplementary regulations regarding other circumstances of general accidents. Article 68 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 to follow the procedures specified in relevant plans in order to prevent secondary explosions. Article 69: After a special equipment accident occurs, the entity where 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 the incident 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 or above the county level shall promptly verify the relevant circumstances, immediately report to the local people’s government, and report the details of the accident up the chain of command. If necessary, the safety supervision and management department for special equipment may report accidents at a higher level. In cases of extremely serious or serious accidents, the State Council’s department responsible for the safety supervision and management of special equipment shall immediately report to the State Council and notify relevant departments such as the State Council’s emergency management department. Article 70: In cases of particularly serious accidents, the State Council or 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 safety 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 departments of the prefecture-level cities, in conjunction with relevant departments, organize accident investigation teams to conduct investigations. The special equipment safety supervision and management department of the State Council, the provincial special equipment safety supervision and management departments, and the municipal special equipment safety supervision and management departments may authorize the lower-level special equipment safety supervision and management departments to organize accident investigation teams to conduct investigations. Article 71 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 superior 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 72 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 special equipment accidents. 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 73 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 circumstances 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 74: The term “above” as used in this chapter includes the stated number, whereas the term “below” does not include the stated number. Chapter 7 Legal Liability Article 75 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 law 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 76: If the design documents for boilers, gas cylinders, oxygen chambers, passenger cableways, and large-scale amusement facilities are used for manufacturing without being evaluated by an inspection agency approved by the department in charge of safety supervision and management of special equipment, the said department shall impose administrative penalties in accordance with the relevant provisions of the Law of the People’s Republic of China on Safety of Special Equipment. Article 77: For special equipment products, components that are required to undergo type tests (including energy efficiency tests) in accordance with the requirements of safety technical specifications, or for new special equipment products, components, and materials under development, if such type tests are not carried out, the authorities responsible for the supervision and management of special equipment safety shall impose administrative penalties in accordance with the relevant provisions of the Law of the People’s Republic of China on Special Equipment Safety. If the type test of special equipment no longer complies with the safety technical specifications, the testing institution that conducted the type test shall revoke its type test certificate or report. Article 78: Those who engage in the production of special equipment, its components, safety accessories, and safety protection devices without permission shall be subject to administrative penalties by the authorities responsible for the supervision and management of special equipment safety, in accordance with the relevant provisions of the Law of the People’s Republic of China on Special Equipment Safety. Article 79: If, at the time of leaving the factory, special equipment is not accompanied by documents such as design files, product quality certification, installation and operation maintenance instructions, supervision and inspection certificates, and type test certificates in accordance with the requirements of safety technical specifications, the special equipment safety supervision and management department shall impose administrative penalties in accordance with the relevant provisions of the Special Equipment Safety Law of the People’s Republic of China ； In serious cases, the production license shall be suspended temporarily. Article 80: Those who engage in the repair or routine maintenance of special equipment without permission shall be ordered by the department responsible for the supervision and management of special equipment safety to cease such illegal activities, be given a warning or public reprimand, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan ； If there are illegal gains, such gains shall be confiscated. If the elevator maintenance unit fails to carry out elevator maintenance in accordance with the requirements of safety technical specifications, administrative penalties shall be imposed in accordance with the provisions of the preceding paragraph. Article 81: If a construction unit responsible for the installation, modification, or repair of special equipment proceeds with such work without first informing the special equipment safety supervision and management department in writing about the intended installation, modification, or repair, or if it fails to hand over the relevant technical documents to the entity that will use the special equipment within 30 days after the completion of the work, the special equipment safety supervision and management department shall order it to cease such illegal activities and impose administrative penalties in accordance with the relevant provisions of the Special Equipment Safety Law of the People’s Republic of China ； In cases of serious violations, the production license shall be suspended; any production activities related to special equipment carried out during this suspension period shall be regarded as production without a license. Article 82: In the manufacturing process of boilers, pressure vessels, pressure pipeline components, and large-scale amusement facilities, as well as in the installation, modification, and major repair processes of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger cableways, and large-scale amusement facilities, and also during the boiler cleaning process, if an inspection agency that has not been approved by the authorities responsible for the safety supervision and management of special equipment conducts supervision inspections in accordance with the requirements of safety technical specifications, such agency shall be ordered to make corrections by those authorities. For products that have already been manufactured and sold, they shall be confiscated; for those that have already been installed, modified, repaired, or cleaned, the agency shall be ordered 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 ； If there are illegal gains, such gains shall be confiscated ； In serious cases, the production license shall be revoked. Special equipment that has been delivered for use without passing supervised inspection shall be subject to penalties in accordance with the provisions of the preceding paragraph. Article 83: Those who engage in the filling of mobile pressure vessels or gas cylinders without permission, as well as those filling units for mobile pressure vessels and gas cylinders that fail to carry out such filling activities in accordance with the requirements of safety technical specifications, shall be subject to administrative penalties by the department responsible for the supervision and management of special equipment, in accordance with the relevant provisions of the Law of the People’s Republic of China on the Safety of Special Equipment. Article 84 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, and issue a warning or a notice of criticism ； If the violation is not corrected by the deadline, a fine of between 10,000 yuan and 100,000 yuan shall be imposed. (1) Failing to inspect and test the elevator in accordance with the provisions of Article 19 of these regulations ； (II) Failing to report promptly to the department responsible for the safety supervision and management of special equipment when serious accident hazards are identified during investigations into the safe operation of elevators. Article 85 If a special equipment production, filling 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 ； If the violations are not corrected within the prescribed time, orders shall be issued to cease activities related to the production, filling, inspection, and testing of special equipment, and the relevant licenses shall be temporarily seized ； In serious cases, the license shall be revoked: (1) Failure to go through the procedures for license renewal in accordance with the requirements of safety technical specifications ； (II) Failing to produce, fill, inspect, or test special equipment in accordance with the provisions of these Regulations or the requirements of safety technical specifications ； (III) Continuing to engage in the production, filling, inspection, or testing of special equipment when no longer meeting the requirements of these regulations or the safety technical specifications ； (IV) Those who forge, alter, lease, lend, or transfer license certificates or supervision and inspection reports. 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 and issue a warning ； In cases of serious violations, the use shall be ordered to be halted, and a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed: (1) Failing to register the use of special equipment with the department responsible for supervising and managing safety related to such equipment before it is put into use or within 30 days after it is put into use ； (2) Failing to establish a safety technical file for special equipment as required by Article 26 of these Regulations; or where the safety technical file does not meet the prescribed requirements; or failing to affix, in accordance with the law, the usage registration mark and periodic inspection mark ； (3) Failing to carry out regular daily maintenance and periodic self-inspections on special equipment in use, as required by Article 27 of these Regulations; or failing to periodically calibrate, inspect, and maintain the safety accessories, safety protection devices, measurement and control devices, and 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 approved, in accordance with the requirements set out in the safety technical specifications for periodic inspections ； (5) Using elevators that have not been tested by oneself ； (6) Failing to clean, lubricate, adjust, and inspect the elevator in accordance with the provisions of Paragraph 2, Article 31 of these Regulations ； (7) Failing to treat the boiler water (medium) in accordance with the requirements of safety technical specifications ； (8) Failing to formulate special emergency plans for accidents involving special equipment and to conduct regular emergency drills ； (IX) Special equipment fails to undergo regular energy efficiency tests in accordance with the requirements of safety technical specifications, or does not meet the energy efficiency standards, and no appropriate corrective actions are taken in a timely manner ； (10) Failing to carry out the management of the use of special equipment in accordance with the requirements of these regulations and safety technical specifications. If a unit using special equipment makes use of such equipment produced by a unit that does not hold a production license, the department responsible for the safety supervision and management of special equipment shall confiscate it and impose a fine of not less than 30,000 yuan but not more than 300,000 yuan. If a unit using special equipment operates such equipment that has not undergone regular inspections or has failed such inspections, the department responsible for the safety supervision and management of special equipment shall order it to cease using that equipment, and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan; in cases of serious violations, the registration certificate for the use of that equipment shall be revoked. Article 87: If special equipment poses serious accident hazards, has no value for modification or repair, or meets the conditions for scrapping as specified in the safety technical regulations, and the entity using such equipment fails to have it scrapped and to go through the procedures to cancel its registration certificate with the original department responsible for supervising and managing special equipment safety, then the said department shall impose administrative penalties in accordance with the relevant provisions of the Law of the People’s Republic of China on Safety of Special Equipment. Article 88: 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 impose administrative penalties in accordance with the relevant provisions of the Special Equipment Safety Law of the People’s Republic of China: (1) Failing to conduct trial operations and routine safety inspections, as well as to check and verify the safety devices, prior to putting such passenger cableways and large-scale amusement facilities into use each day ； (2) Failing to place safety precautions and warning signs for elevators, passenger ropeways, and large-scale amusement rides in a prominent location where they can be easily noticed by passengers. Article 89 If a unit engaged in the production, operation, or use of special equipment falls under any of the following circumstances, the department responsible for the safety supervision and management of special equipment shall order it to make corrections within a specified time limit ； In cases of serious violations, the party shall be ordered to cease using the relevant special equipment or to suspend operations for rectification, and shall also be fined between 10,000 yuan and 50,000 yuan: (1) Failing to establish a special equipment safety management organization in accordance with the provisions of these regulations and safety technical standards, or failing to assign full-time or part-time safety managers, operators, and inspectors ； (II) Employing personnel without the appropriate qualifications to handle the safety management, operation, and inspection of special equipment ； (III) Failing to provide safety education and training on special equipment for safety managers, operators, and inspectors of such equipment. Article 90 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 administrative penalties on the unit where the accident occurred and its principal responsible persons in accordance with the relevant provisions of the Special Equipment Safety Law of the People’s Republic of China: (1) When an accident occurs involving special equipment at a unit using such equipment, the principal responsible person of that unit fails to organize rescue efforts immediately, or leaves his post or absconds during the investigation and handling of the accident ； (II) The person in charge of the entity using special equipment fails to report special equipment accidents, reports them falsely, or delays reporting them. Article 91: The units responsible for the occurrence of an accident shall be subject to administrative penalties imposed by the department in charge of special equipment safety supervision and management in accordance with the Special Equipment Law of the People’s Republic of China. Article 92: Where the principal person in charge of a unit responsible for an accident fails to perform his duties as required by law, thereby causing the accident, the special equipment safety supervision and administration 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** ； (1) In the event of a minor 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 ； (3) In cases where a major accident occurs, a fine equivalent to 60% of the annual income from the previous year shall be imposed. Article 93: 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 safety issues during operation but fail to report them immediately to the on-site safety officers and the relevant responsible persons of the unit, or if the on-site safety officers and relevant responsible persons fail to take timely action upon receiving such reports, the special equipment user unit shall give them criticism and disciplinary action ； In the event of an accident, the issuing authority or organization shall revoke or cancel the qualification of the worker. Article 94: 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 ordered by the department responsible for the safety supervision and management of special equipment to cease such activities, and shall also be fined between 50,000 yuan and 200,000 yuan. Article 95 If a special equipment inspection and testing institution or its inspectors and testers fall under any of the following circumstances, the department responsible for the supervision and management of special equipment safety shall order them to make corrections; the institution shall be fined not less than 50,000 yuan but not more than 200,000 yuan, while the directly responsible supervisors and other directly responsible persons shall be fined not less than 5,000 yuan but not more than 50,000 yuan ； In serious cases, the institution’s qualifications as well as those of the relevant personnel shall be revoked: (1) If a person who does not hold a certificate as an inspector or tester is employed to carry out related inspection and testing tasks, or if inspectors or testers who are not listed as being employed by the institution are used for such tasks ； (II) In the process of inspecting and testing special equipment, if serious potential hazards or excessively high energy consumption levels are detected, but the user unit of the special equipment is not promptly informed, nor is a report made immediately to the special equipment safety supervision and management department ； (III) Disclosing trade secrets learned during the inspection and testing process. Article 96: If inspection and testing agencies for special equipment, as well as production and filling units and inspection and testing personnel, issue false inspection and testing results or appraisal conclusions, or if such results and conclusions are seriously inaccurate, the department responsible for the supervision and management of special equipment safety shall order them to make corrections. The agencies shall be fined between 50,000 yuan and 200,000 yuan, while the directly responsible supervisors and other directly responsible persons shall be fined between 5,000 yuan and 50,000 yuan ； In serious cases, the institution’s qualifications and the qualifications of relevant personnel shall be revoked. Article 97: Where inspection and testing agencies or inspectors for special equipment engage in the production or business activities related to special equipment, or recommend, supervise the manufacture or oversee the sale of special equipment under their names, the department responsible for the safety supervision and management of special equipment shall impose administrative penalties in accordance with the relevant provisions of the Special Equipment Safety Law of the People’s Republic of China. Article 98: If special equipment inspection and testing institutions, as well as inspectors and testers, use their inspection and testing duties to deliberately create difficulties for special equipment manufacturers and users, the department responsible for the supervision and management of special equipment safety shall impose administrative penalties in accordance with the relevant provisions of the Law of the People’s Republic of China on Special Equipment Safety. Article 99 If an inspection or testing personnel practices in two or more inspection or testing institutions at the same time, the special equipment safety supervision and management department shall order them to suspend their practice for not less than 6 months but not more than 2 years, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan ； In serious cases, the qualification certificate shall be revoked. Article 100: If the departments responsible for the supervision and management of special equipment safety and their inspectors commit any of the following illegal acts, the directly responsible supervisors and other persons directly liable shall be subject to disciplinary action in the form of demotion or dismissal in accordance with the law: (1) Failing to grant permits, approvals, or registrations in compliance with the conditions stipulated by these regulations as well as the requirements of safety technical standards ； (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 ； (3) If it is found that the entities responsible for the production or use of special equipment no longer meet the conditions stipulated in these regulations, or if illegal activities related to the production or use of such equipment go unaddressed ； (4) Failing to take action when it is discovered that a special equipment inspection and testing institution no longer meets the conditions stipulated in these Regulations, or when such an institution issues false inspection, testing, or appraisal results, or when its inspection, testing, or appraisal results are grossly 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 upon finding serious potential hazards for accidents in the special equipment in use ； (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 101: If the manufacturers, users of special equipment, or inspection and testing institutions refuse to comply with 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. Article 102 The following circumstances do not constitute errors in administrative law enforcement, and the relevant staff shall not be held accountable for such errors: (1) An erroneous decision is made due to the administrative counterpart concealing relevant information or providing false materials, provided that the review duties have been fulfilled in accordance with regulations ； (II) Except in cases where the department responsible for the safety supervision and management of special equipment fails to receive any reports or is unable to detect such issues due to objective reasons, but still fails to fulfill its duties regarding supervision and inspection as required ； (III) The administrative counterpart has duly fulfilled its supervision and inspection duties in accordance with annual supervision and inspection plans and other such plans; or, even if no supervision and inspection has been carried out yet, the statutory or prescribed time limit has not been exceeded, and the administrative counterpart has committed an illegal act ； (IV) Where illegal acts or potential accident hazards that have been identified have already been investigated and dealt with in accordance with the law, orders to make corrections have been issued, or administrative coercive measures have been taken; yet harmful consequences or negative impacts arise as a result of the administrative counterpart’s refusal to make corrections, evasion of inspections, unauthorized illegal production or operation, or unlawful use of seized or confiscated equipment and facilities ； Chapter VIII Supplementary Provisions Article 103 The terms used in these regulations are as follows: 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 release 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 boiler. Pressure vessels refer to closed devices used for holding gases or liquids and subjected to certain pressures. They include fixed and mobile containers whose maximum operating pressure is 0.1 MPa (gauge pressure) or higher for gases and liquefied gases, and whose maximum operating temperature is equal to or higher than their standard boiling point; such containers also have a volume of 30 L or more and an inner diameter of 150 mm or more (for non-circular cross-sections, this refers to the largest geometric dimension of the cross-sectional boundaries) ； 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 chamber. 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 50 mm. An elevator is a mechanical and electrical device that is powered and uses a cabinet moving along rigid guides or steps moving along fixed tracks to lift or transport people and goods horizontally; it includes passenger (cargo) elevators, escalators, moving walkways, etc. Elevators installed in non-public areas and intended for use by a single household are not included. Crane machinery refers to electromechanical equipment used for the vertical lifting or lifting followed by 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 3 tons or more (or tower cranes with a rated lifting moment of 40 t·m or more, or loading bridges with a productivity of 300 t/h or more), and a lifting height of 2 meters or more ； Mechanical parking equipment with 2 or more floors. A passenger cableway is a mechanical and electrical device that is powered and uses 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. Large amusement rides refer to mechanical and electrical passenger amusement devices, water-based amusement facilities, and gravity-based amusement facilities that are used for commercial purposes to carry passengers for entertainment; these devices are designed with a maximum operating speed of 2 m/s or more, or an operating height of 2 m or more. Equipment and facilities used for sports, artistic performances, and non-commercial activities are excluded. Special motor vehicles used within a site (factory) refer to those specialized motor vehicles that are used solely in specific areas such as factory premises, tourist attractions, and amusement parks, other than on roadways or for agricultural use. Vehicles for tourism and sightseeing that are not designed for use on roads, and are used solely for internal commuting or inspections within an organization, are not included. Special equipment includes the materials used in it, the auxiliary safety accessories, the safety protection devices, and the facilities related to those safety protection devices. Article 104: 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 methods for this shall be established by the department under the State Council responsible for the supervision and management of special equipment safety. Higher-level market supervision and administration departments may delegate administrative permits within the scope of their statutory powers to lower-level market supervision and administration departments for implementation. Article 105 Fees shall be charged in accordance with **relevant regulations for the inspection, testing of special equipment, and the examination of personnel. Article 106 These Regulations shall come into force as of XX year X month X day.