Regulations on the Safety Supervision of Special Equipment (Revised in 2009)

Regulations on the Safety Supervision of Special Equipment (Revised in 2009)

Order of the State Council of the People's Republic of China No. 549

January 24, 2009

(Promulgated by the Order No. 373 of the State Council of the People's Republic of China issued on March 11, 2003, and revised in accordance with the Decision of the State Council on the Revision of the Regulations on the Supervision of the Safety of Special Equipments issued on January 24, 2009)

Chapter I General Provisions

Article 1 These Regulations are enacted in order to strengthen the safety supervision over special equipments, to prevent and reduce accidents, to guarantee the safety of the people's life and property, and to promote the economic development.

Article 2 Special equipments as stated in these Regulations refer to the boilers, pressure vessels (including gas cylinders, hereinafter the same), pressure pipelines, elevators, cranes, passenger cableways, large entertainment facilities and in-plant (in-factory) special motor vehicles that involve the safety of life and that have relatively high risks.
The catalogue of the special equipments provided for in the preceding item shall be formulated by the department in charge of the administration of special equipments safety supervision under the State Council (hereinafter referred to as the department of special equipments safety supervision and administration under the State Council), and be put into implementation upon submission to and approval by the State Council.

Article 3 These Regulations shall be observed in the production (including design, manufacturing, installation, reform and maintenance, hereinafter the same), use, inspection and testing of special equipments, as well as the supervision and examination thereof, unless there are otherwise provisions in these Regulations.
These Regulations shall not apply to the safety supervision over military equipment, nuclear facilities, aircrafts and spacecrafts, railway locomotives, marine facilities and ships, as well as the special equipments used in coalmines and civil airports.
Safety supervision over the installation and use of cranes used in house construction sites and municipal project sites as well as in-plant (in-factory) special motor vehicles shall be carried out by the administrative department in charge of construction pursuant to the relevant laws and regulations.

Article 4 The department of special equipments safety supervision and administration under the State Council shall be in charge of special equipments safety supervision of the whole country; the departments in charge of special equipments safety supervision and administration of the localities at and above the county level (hereinafter collectively referred to as the departments of special equipments safety supervision and administration) shall carry out safety supervision over the special equipments within their respective administrative areas.

Article 5 The entities producing and using special equipments shall establish and improve the special equipments safety and energy-saving administration system and the post safety and energy-saving responsibility system.
The main principals of the entities producing and using special equipments shall assume full responsibility of safety and energy-saving for the special equipments of their respective entities.
The entities producing and using special equipments and the special equipments inspection and testing institutions shall subject themselves to the special equipments safety supervision carried out by the departments of special equipments safety supervision and administration pursuant to law.

Article 6 The special equipments inspection and testing institutions shall conduct the inspection and testing in accordance with these Regulations and bear the legal liabilities for their inspection and testing results and appraisal conclusions.

Article 7 The local people's governments at and above the county level shall supervise, urge and support the departments of special equipments safety supervision and administration to perform their duties of safety supervision pursuant to law, and shall coordinate and settle the major problems existing in the special equipments safety supervision.

Article 8 The state encourages the promotion of scientific management methods and the adoption of advanced technology to improve the special equipments's safety performance and management level, and to enhance the accident prevention capacity of the entities producing and using special equipments, and will award the entities and individuals with outstanding achievements.
The state encourages the research, development, demonstration and promotion of energy-saving technologies for special equipments so as to enhance the innovation and application of energy-saving technologies for special equipments.
The entities producing and using special equipments and the special equipments inspection and testing institutions shall guarantee necessary safety and energy-saving investment.
The state encourages the implementation of liability insurance system for special equipments so as to enhance the accident compensation ability.

Article 9 Any entity or individual has the right to inform against any act in violation of these Regulations to the departments of special equipments safety supervision and administration and the relevant departments of administrative supervision, etc.
The departments of special equipments safety supervision and administration shall establish the informing system of special equipments safety supervision, publicize the informants' hot-line telephone number, mail box or email address, accept the informing against illegal acts of producing, using, inspection and testing of special equipments, and shall handle the cases in a timely manner.
The departments of special equipments safety supervision and administration and the relevant departments of administrative supervision shall keep confidential for the informants, and reward them pursuant to the relevant provisions of the state.

Chapter II Production of Special Equipment

Article 10 Entities producing special equipments shall carry out production activities in accordance with these Regulations and with the requirements of the safety technical code enacted and promulgated by the department of special equipments safety supervision and administration under the State Council (hereinafter referred as safety technical code).
Entities producing special equipments shall be responsible for the safety performance and energy efficiency index of the special equipments produced by them, shall not produce special equipments in non-conformity to safety performance requirements and energy efficiency indexes, and shall not produce special equipments specifically eliminated by national industrial policies.

Article 11 An entity designing pressure vessels may not undertake pressure vessel designing activities until it is licensed by the department of special equipments safety supervision and administration under the State Council.
An entity designing pressure vessels shall meet the following conditions:
1. Having the designing personnel and designing examination personnel fit for pressure vessel designing;
2. Having the sites and equipment fit for pressure vessel designing; and
3. Having a sound management system and responsibility system fit for pressure vessel designing.

Article 12 The design documents of boilers, gas cylinders in pressure vessels (hereinafter referred to as gas cylinders), oxygen chambers and passenger cableways, large entertainment facilities and special equipments with high consumption of energy may be used in the manufacturing only after being appraised by the inspection and testing institutions approved by the department of special equipments safety supervision and administration under the State Council.

Article 13 The special equipments products and parts for which model experiment should be conducted as required by the safety technical code, or the trial-manufactured new products, new parts and new materials of special equipments must go through model experiment and energy efficiency test.

Article 14 The entities manufacturing, installing and reforming boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities, as well as the safety attachments and safety protection settings thereof, the entities manufacturing the pipes, pipe fittings, valves, flanges, compensators and safety protection settings used in pressure pipelines (hereinafter referred to as pressure pipeline components), etc., and the entities manufacturing and reforming special in-plant (in-factory) motor vehicles may undertake the corresponding activities only after they are licensed by the department of special equipments safety supervision and administration under the State Council.
The entities manufacturing, installing and reforming special equipments provided for in the preceding item shall meet the following conditions:
1. Having the professional technicians and technical workers fit for the manufacturing, installing and reforming of special equipments;
2. Having the production conditions and testing means fit for the manufacturing, installing and reforming special equipments; and
3. Having a sound quality management system and responsibility system.

Article 15 Special equipment shall be accompanies by, when leaving the factory, the design documents, product quality certificate, instructions for installation and maintenance, and supervision and inspection certificate, etc. as required by the safety technical code.

Article 16 Entities maintaining boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities and in-plant (in-factory) special motor vehicles shall have the professional technicians and technical workers fit for the maintenance of special equipments as well as the necessary testing means, and may undertake the corresponding maintenance activities only after they are licensed by the departments of special equipments safety supervision and administration of the provinces, autonomous regions and municipalities directly under the Central Government.

Article 17 The installation, reform and maintenance of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities as well as the reform and maintenance of in-plant (in-factory) special motor vehicles must be carried out by the entities that have obtained licenses pursuant to these Regulations.
The installation, reform and maintenance of elevators must be carried out by the entities manufacturing elevators or the entities that are commissioned or agreed upon by contract and have obtained licenses pursuant to these Regulations. Entities manufacturing elevators shall be responsible for the elevators' quality and the quality problems involved in safe operations.
The construction entities installing, reforming and maintaining special equipments shall, before the construction, notify in written form the departments of special equipments safety supervision and administration of the municipalities directly under the Central Government or the cities divided into districts of the installing, reforming and maintaining to be carried out, and may start work after such notification.

Article 18 The civil engineering of elevator shafts must meet the quality requirements of construction engineering. In the installation of elevators, the entities installing the elevator shall comply with the requirements on safe production of the work site and implement the safety protection measures on the site. In the installation of elevator, the safety production supervision on the work site shall be carried out by the relevant departments in accordance with the relevant laws and regulations.
During the installation of elevator, the entities installing elevators shall subject themselves to the administration of safe production on the work scene by the entity contracting the whole construction, and shall conclude a contract with the latter to clarify their respective safety responsibilities.

Article 19 The manufacturing, installation, reform and maintenance of elevators must strictly comply with the requirements of the safety technical code. Where an entity manufacturing elevators commissions or agrees to let any other entity install, reform or maintain the elevator, it shall make safety direction and monitoring of the installation, reform or maintenance carried out by the latter. After the installation, reform or maintenance of elevator ends, the entity manufacturing elevators shall check and adjust the elevator pursuant to the requirements of the safety technical code, and be responsible for the results of the check and adjustment.

Article 20 After the installation, reform or maintenance of boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities or in-plant (in-factory) special motor vehicles is completed, the entity undertaking the installation, reform or maintenance shall, within 30 days after the inspection and acceptance, hand over the relevant technical materials to the entity using the equipment. An energy efficiency test report shall be submitted as required by the safety technical code with respect to the special equipments with high consumption of energy. The using entity shall keep those materials in the safety technical archives of such special equipments.

Article 21 The manufacturing process of boilers, pressure vessels, pressure pipeline components, cranes and large entertainment facilities, and the installation, reform and major maintenance process of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities must be subject to the supervision and inspection carried out, according to the requirements of the safety technical code, by the inspection and testing institutions approved by the department of special equipments safety supervision and administration under the State Council; the equipment may not leave the factory or be delivered for use until they have passed the supervision and inspection.

Article 22 An entity filling transportable pressure vessels and gas cylinders may undertake gas filling activities only after it is licensed by the department of special equipments safety supervision and administration of the province, autonomous region or municipality directly under the Central Government.
A filling entity shall meet the following conditions:
1. Having the managerial personnel and technicians fit for the filling and management;
2. Having the filling equipment, testing means, sites and work shops, apparatus, safety facilities fit for the filling and management; and
3. Having a sound management system, responsibility system and emergency treatment measures for filling safety.
An entity filling gas cylinders shall provide gas users with the cylinders meeting the requirements of the safety technical code, give directions for the safe use of gas cylinders, and transact the registration for using gas cylinders and require to have periodic inspection of gas cylinders in accordance with the requirements of the safety technical code.

Chapter III Use of Special Equipments

Article 23 An entity using special equipments shall strictly implement the provisions of these Regulations and the laws and administrative regulations on safe production, and guarantee the safe use of special equipments.

Article 24 An entity using special equipments shall use the special equipments meeting the requirements of the safety technical code. Before the special equipments is put into use, the using entity shall verify whether it is accompanied by the relevant documents as specified in Article 15 of these Regulations.

Article 25 Before the special equipments is put into use or within 30 days after it is put into use, the entity using the special equipments shall make registration with the department of special equipments safety supervision and administration of the municipality directly under the Central Government or the city divided into districts.
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