Decision of the State Council on the Revision of the Regulations on the Supervision of the Safety of Special Equipments
Decision of the State Council on the Revision of the Regulations on the Supervision of the Safety of Special Equipments
Decision of the State Council on the Revision of the Regulations on the Supervision of the Safety of Special Equipments
Order of the State Council of the People's Republic of China No. 549
January 24, 2009
The Decision of the State Council on the Revision of the Regulations on the Supervision of the Safety of Special Equipments, which has been adopted at the 46 executive meeting of the State Council on January 14, 2009, is hereby promulgated and shall be implemented as of May 1, 2009.
Wen Jiabao, Premier
January 24, 2009
Decision of the State Council on the Revision of the Regulations on the Supervision of the Safety of Special Equipments
The State has decided to revise the Regulations on Supervision of the Safety of Special Equipments as follows:
Article 1 The first paragraph of Article 2 shall be revised as: "The term 'special equipments' as mentioned in these Regulations refers to the boilers, pressure vessels (including gas cylinders, hereinafter the same), pressure pipelines, elevators, cranes, passenger cableways, large entertainment facilities and the motor vehicles specially used in the parks (plants) that involve life safety and that have higher risks."
Article 2 The second paragraph of Article 3 shall be revised as: "These Regulations shall not apply to the supervision of the safety of military equipments, nuclear facilities, aircrafts and spacecrafts, railway locomotives, marine facilities and ships, as well as the special equipments used in coalmines and the specialized equipments of civil airports."
The third paragraph shall be revised as: "Supervision of and administration on the installment and use of cranes used in house construction sites and municipal project construction sites and motor vehicles specially used in the parks (plants) shall be carried out by the administrative department in charge of construction pursuant to the relevant laws and regulations."
Article 3 The first paragraph of Article 5 shall be revised as: "The entities producing and using special equipments shall establish and improve the special equipment safety and energy saving management system and the post safety and energy saving responsibility system."
The second paragraph shall be revised as: "The major principles of the entities producing and using special equipments shall assume full responsibility for the safety and energy saving of the special equipments of their respective entities. "
Article 4 One paragraph shall be added as the second paragraph of Article 8: "The state encourages the research, development, demonstration and promotion of special equipment energy saving technology, so as to advance the innovation and application of special equipment energy saving technology."
One paragraph shall be added as the third paragraph: "The entities producing and using special equipments and the special equipment inspection and testing institutions shall guarantee the necessary input on the safety and energy saving."
One paragraph shall be added as the third paragraph: "The state encourages the application of special equipment liability insurance system to raise the compensating capacity for accidents."
Article 5 The second paragraph of Article 10 shall be revised as: "A special equipment production entity shall be responsible for the safety performance and energy efficiency index of the special equipments it produces, it shall not produce special equipments that do not meet the requirements of safety performance and energy efficiency index, and shall not produce special equipments that are ordered explicitly in the state industrial policies to be eliminated."
Article 6 The third paragraph of Article 22 shall be revised as: "An entity filling gas cylinders shall provide gas cylinders that meet the requirements of technical safety standards, give instructions to users for safe use of gas cylinders, and shall go through the registration formality for use of gas cylinders according to the requirements of safety technical standards, and request for regular inspection on gas cylinders."
Article 7 One item shall be added as the sixth item of Article 26: "The testing report, energy-consuming status record and documents of energy saving alteration technology on the energy efficiency of high energy consumption special equipments."
Article 8 One paragraph shall be added as the forth paragraph of Article 27: "An entity using boilers shall carry out boiler water (medium) treatment according to the requirements of technical safety standards, and accept the regular inspection, conducted b y the special equipment examination and testing institutions, on water (medium) treatment."
One paragraph shall be added as the fifth paragraph: "An entity engaging in boiler cleaning shall clean boilers pursuant to the requirements of technical safety standards, and accept the regular inspection, conducted b y the special equipment examination and testing institutions, on boiler cleaning process."
Article 9 One paragraph shall be added as the second paragraph of Article 29: "Where a special equipment fails to meet the energy efficiency index, the entity using such a special equipment shall carry out corresponding modifying measures for it."
Article 10 Article 31 shall be deleted.
Article 11 Article 40 shall be revised as Article 39, the first paragraph shall be revised as: "An entity using special equipments shall give education and training on special equipment safety and energy saving to the special equipment operation personnel, so as to guarantee that the special equipment operation personnel have the necessary special equipment safety and energy saving knowledge."
Article 12 Article 49 shall be revised as Article 48, the revised contents shall be: "Where a special equipment inspection and testing institution finds out serious hidden risk of accident or finds out that the energy consumption is well over the standard in inspection and testing of special equipments, it shall notify the entity using the special equipments, and report to the special equipment safety supervision and administration department concerned."
Article 13 Article 53 shall be revised as Article 52, the first paragraph shall be revised as: "A special equipment safety supervision and administration department, which implements licensing, verification and registration pursuant to the provisions of these Regulations, shall carry out inspection on relevant matters strictly pursuant to conditions and technical safety standards prescribed by the provisions of these Regulations ; no license, verification and registration shall be granted to any special equipment that do not meet the conditions required by the provisions of these Regulations and requirements of technical safety standards; if the special equipment inspection and testing department finds out the applicant, during the period of applying for license or verification, engages in relevant special equipment activities without a license or has forged a license or ratification certificate, it shall not accept the application or shall not approve the license or verification, and shall not accept any new application from the said applicant for license or verification within one year."
The third paragraph shall be revised as: "A special equipment safety supervision and administration department shall not accept any new application from an entity, which has violated the provisions of these Regulations and its license is thus cancelled pursuant to the law, within 3 years starting from the day of cancellation of the license."
Article 14 Article 59 shall be revised as Article 58, the revised contents shall be: "Where a special equipment safety supervision and administration department, when conducting safety inspections on entities producing and using special equipments and inspection and testing institutions, finds out any behavior that violates the provisions of these Regulations and requirements of technical safety standards or a special equipment being using has hidden risk of accident or does not meet the energy efficiency index, it shall issue a written order of special equipment safety supervision and inspection, order the units concerned to adopt appropriate measures in a timely manner, so as to make correction or eliminate the hidden risk of accident.
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