Regulations on the Safety Supervision of Special Equipment (from government website)

Regulations on the Safety Supervision of Special Equipment

Order of the State Council [2003] No.373

March 11, 2003

Adopted at the 68th Executive Meeting of the State Council on February 19, 2003, promulgated by Decree No. 373 of the State Council of the People's Republic of China on March 11, 2003, and effective as of June 1, 2003

Premier, Zhu Rongji

Appendix: Regulations on the Safety Supervision of Special Equipment

Chapter I General Provisions

Article 1 These Regulations are formulated to strengthen safety supervision of special equipment, prevent and reduce accidents, safeguard safety of people's lives and property, and promote economic development.

Article 2 As used in these Regulations, the term "special equipment" refers to boilers, pressure vessels (including gas cylinders, the same below), pressure pipelines, elevators, lifting appliances, passenger ropeways, and large amusement devices, which relate to safety of human lives or have high risks.
The catalogue for the special equipment mentioned in the preceding paragraph shall be drawn up by the department in charge of safety supervision administration of special equipment of the State Council (hereinafter referred to as the department for safety supervision administration of special equipment of the State Council) and submitted to the State Council for approval before implementation.

Article 3 Production (including design, manufacture, installation, alteration, maintenance and repair, the same as below), service, inspection and testing, as well as supervision and examination of special equipment, shall be in conformity with these Regulations, except as otherwise provided in these Regulations.
These Regulations are not applicable to safety supervision of the special equipment used for military equipment, nuclear facilities, aerospace vehicles, locomotives, offshore installations and ships, as well as coal mines.
Supervision and administration of the installation and service of lifting appliances used on house construction sites and municipal engineering sites shall be performed by competent construction administrative departments in accordance with the relevant laws and regulations.

Article 4 The department for safety supervision administration of special equipment of the State Council is responsible for safety supervision of special equipment throughout the country, and local departments in charge of safety supervision administration of special equipment at or above the county level are responsible for safety supervision of special equipment within their respective administrative areas (hereinafter collectively referred to as the departments for safety supervision administration of special equipment).

Article 5 Any unit manufacturing or using special equipment shall establish a sound safety management system anda job responsibility system for safety of special equipment.
The principal responsible person of a unit manufacturing or using special equipment shall assume overall responsibility for the safety of special equipment.
Any unit manufacturing or using special equipment and special equipment inspection and testing institution shall accept special equipment safety supervision conducted by the department for safety supervision administration of special equipment according to law.

Article 6 Special equipment inspection and testing institutions shall, in accordance with the provisions of these Regulations, conduct inspection and testing, assume legal liability for its inspection and testing results and appraisal conclusions.

Article 7 Local people's governments at or above the county level shall urge the departments for safety supervision administration of special equipment to perform their safety supervision duties and give them support, and timely co-ordinate and resolve major problems arising from the supervision.

Article 8 The State encourages the application of scientific management methods and advanced technologies to upgrade the safety performance of special equipment and management level, and to enhance the capacity of units manufacturing or using special equipment in preventing accidents. Units or individuals that make prominent achievements in this regard will be rewarded.

Article 9 Any unit or individual has a right to report any violation of these Regulations to a department for safety supervision administration of special equipment, an administrative supervisory department, or any other relevant departments.
A department for safety supervision administration of special equipment shall establish a reporting system for safety supervision of special equipment, publish a telephone number, mailbox or e-mail address for reporting, accept reports on violation in the production, service, inspection and testing of special equipment and handle them promptly.
The department for safety supervision administration of special equipment, administrative supervisory department, or any other relevant departments shall keep confidentiality for a reporter and reward him in accordance with the relevant provisions of the State.

Chapter II Production of Special Equipment

Article 10 A unit producing special equipment shall carry out production in accordance with the provisions of these Regulations and the requirements of the safety technical codes formulated and published by the department for safety supervision administration of special equipment of the State Council (hereinafter referred to as the safety technical codes).
A unit producing special equipment shall assume responsibility for the safety performance of the special equipment produced by it.

Article 11 A unit designing pressure vessels may not design pressure vessels until it has been licensed by the department for safety supervision administration of special equipment of the State Council.
A unit designing pressure vessels shall meet the following conditions:
1. being staffed with designers and design reviewers suitable for designing pressure vessels;
2. having established a sound management and responsibility system suitable for designing pressure vessels.

Article 12 Design documents for boilers, gas cylinders in pressure vessels (hereinafter referred to as the gas cylinders), hyper baric oxygen chambers, passenger ropeways and large amusement devices may not be used for manufacture until they have been appraised by an inspection and testing institution approved by the department for safety supervision administration of special equipment of the State Council.

Article 13 Products and parts of special equipment or trial production of new products and parts of special equipment, which shall be subject to a type test as required by the safety technical codes, must be subject to a product or part type test.

Article 14 Units manufacturing, installing or altering boilers, pressure vessels, elevators, lifting appliances, passenger ropeways, large amusement devices, as well as their safety accessories and safety protection devices, and units manufacturing pipes, fittings, valves, flanges, compensators and safety protection devices used for pressure pipelines (hereinafter referred to as the pressure pipelines components), may not conduct the corresponding activities until they have been licensed by the department for safety supervision administration of special equipment of the State Council.
Units manufacturing, installing or altering the special equipment mentioned in the preceding paragraph shall meet the following conditions:
1. being staffed with professional technical personnel and skilled workers suitable for manufacture, installation or alteration of the special equipment;
2. having production conditions and testing means suitable for manufacture, installation or alteration of the special equipment;
3. having a sound quality control system and a responsibility system.

Article 15 The special equipment shall, before being released from manufacturer, be attached with the design documents, certificate of compliance, manual on installation, service, maintenance and repair, as well as supervision inspection certificate as required by the safety technical codes.

Article 16 Units maintaining and repairing boilers, pressure vessels, elevators, lifting appliances, passenger ropeways or large amusement devices shall have professional technical personnel and skilled workers suitable for special equipment maintenance and repair, as well as necessary testing means, and may not conduct maintenance and repair activities until they have been licensed by departments for safety supervision administration of special equipment of provinces, autonomous regions or municipalities directly under the Central Government.

Article 17 Installation, alteration or maintenance and repair of boilers, pressure vessels, lifting appliances, passenger ropeways or large amusement devices shall be conducted by units that are licensed in accordance with these Regulations.
Installation, alteration or maintenance and repair of elevators shall be conducted by elevator manufacturers or by units that are licensed in accordance with these Regulations and commissioned through contract or permitted by elevator manufacturers. Elevator manufacturers shall be responsible for the quality and quality problems involved in safe operation of the elevators.
Construction units for installation, alteration or maintenance and repair of special equipment may begin the construction after they have informed in writing departments for safety supervision administration of special equipment of municipalities directly under the Central Government, or of cities divided into districts, of the installation, alteration or maintenance and repair to be conducted.

Article 18 The building of elevator hoistway must comply with the quality requirements for civil engineering projects. In the installation of elevators, installing units shall abide by the safety requirements for construction sites and carry out actions for safety protection in sites. In the installation of elevators, relevant departments shall exercise safety supervision of construction sites in accordance with relevant laws and administrative regulations.
In the installation of elevators, installing units shall be subject to the safety management of construction sites by general contractors of building projects, and sign contracts defining responsibility between them.

Article 19 The manufacture, installation, alteration, maintenance and repair of elevators shall be in strict compliance with the requirements of the safety technical codes. Where commissioning or permitting other units to conduct the installation, alteration, maintenance and repair, elevator manufacturers shall render safety guidance and control thereto. After the installation, alteration, maintenance and repair of elevators, elevator manufacturers shall verify and debug the elevators as required in the safety technical codes and be responsible for the results of the verification and debug.

Article 20 After the completion of installation, alteration, maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices, construction units for the installation, alteration, maintenance and repair shall transfer the technical materials to the units using the equipment within 30 days after the inspection acceptance, and using the equipment shall keep these materials in the safety technical file for the special equipment.

Article 21 The manufacture of boilers, pressure vessels, pressure pipe units, lifting appliances and large amusement devices and installation, alteration, major maintenance and repair of boilers, pressure vessels, elevators, lifting appliances, passenger ropeways and large amusement devices shall be subject to the supervision inspection by the inspection and testing institutions approved by the department for safety supervision administration of special equipment of the State Council in accordance with the safety technical codes. Those that have not passed the supervision inspection shall not be released from the manufacturer or delivered for service.

Article 22 Units filling gas cylinders may not conduct the filling activities until they have been licensed by the departments for safety supervision administration of special equipment of provinces, autonomous regions or municipalities directly under the Central Government.
Units filling gas cylinders shall meet the following conditions:
1. being staffed with managerial staff and technicians suitable for the filling and management of gas cylinders;
2.
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