Special equipment safety supervision regulations
source:Yaohua Glassrelease date:2019-11-05Chapter I general provisions
Article 1 the purpose is to strengthen the safety supervision of special equipment, prevent and reduce accidents and protect the people
Special equipment safety supervision regulations
These regulations are formulated to ensure the safety of people's lives and property and promote economic development.
Article 2 the term "special equipment" as mentioned in these regulations refers to boilers, pressure vessels (including gas cylinders, the same below), pressure pipes, elevators, lifting machinery, passenger ropeways, large amusement facilities and special motor vehicles in the yard (factory) that involve life safety and are of great danger.
The catalogue of special equipment mentioned in the preceding paragraph shall be formulated by the department of special equipment safety supervision and administration under the state council (hereinafter referred to as the department of special equipment safety supervision and administration under the state council) and shall be implemented after approval by the state council.
Article 3 the production (including design, manufacture, installation, transformation and maintenance, the same hereinafter), use, inspection and inspection as well as supervision and inspection of special equipment shall comply with these regulations, except as otherwise provided for in these regulations.
These regulations shall not apply to the safety supervision of military equipment, nuclear facilities, aerospace vehicles, railway locomotives, maritime facilities and ships, as well as special equipment used in mines and special equipment for civil airports.
The supervision and administration of the installation and use of hoisting machinery and special motor vehicles in the yard (factory) for building sites and municipal engineering sites shall be carried out by the competent department of construction administration in accordance with the provisions of relevant laws and regulations.
Article 4 the safety supervision and administration department of special equipment under the state council shall be responsible for the safety supervision and administration of special equipment nationwide, and the local departments responsible for the safety supervision and administration of special equipment at or above the county level shall carry out safety supervision and administration of special equipment within their respective administrative areas (hereinafter referred to as the safety supervision and administration department of special equipment).
Article 5 the production and use units of special equipment shall establish and improve the management system for safety and energy conservation of special equipment and the responsibility system for post safety and energy conservation.
The principal persons in charge of the units that produce and use special equipment shall be fully responsible for the safety and energy conservation of the special equipment in their own units.
The production and use units of special equipment and the inspection and testing institutions of special equipment shall accept the special equipment safety supervision conducted by the safety supervision and administration department of special equipment according to law.
Article 6 inspection and testing institutions of special equipment shall carry out inspection and testing in accordance with the provisions of these regulations, and bear legal responsibility for the inspection and testing results and appraisal conclusions.
Article 7 the local people's governments at or above the county level shall urge and support the safety supervision and administration departments of special equipment to perform their duties of safety supervision according to law, and promptly coordinate and solve major problems existing in the safety supervision of special equipment.
Article 8 the state encourages the promotion of scientific management methods, the adoption of advanced technology, the improvement of the safety performance and management level of special equipment, the enhancement of the ability of units producing and using special equipment to prevent accidents, and awards units and individuals that have made outstanding achievements.
The state encourages the research, development, demonstration and popularization of energy-saving technologies for special equipment, and promotes the innovation and application of energy-saving technologies for special equipment.
The units that produce and use special equipment and the inspection and testing institutions for special equipment shall ensure necessary safety and energy conservation inputs.
The state encourages the implementation of a liability insurance system for special equipment to improve the compensation capacity for accidents.
Article 9 any unit or individual shall have the right to report any act in violation of the provisions of these regulations to the safety supervision and administration department of special equipment and the administrative supervision department.
The safety supervision and administration departments of special equipment shall establish a system of safety supervision and report on special equipment, publish the telephone number, mailbox or E-mail address of the report, accept reports on the production, use, inspection and detection of illegal ACTS of special equipment, and promptly deal with them.
The departments in charge of safety supervision and administration of special equipment and the relevant departments in charge of administrative supervision shall keep the secrets of the informants and award them in accordance with the relevant regulations of the state.
Chapter ii production of special equipment
Article 10 the production units of special equipment shall be safe in accordance with the provisions of these regulations and the special equipment of the state council
Special equipment safety supervision regulations
To supervise the requirements of safety technical specifications (hereinafter referred to as safety technical specifications) formulated and promulgated by the administrative departments and carry out production activities.
The manufacturer of special equipment shall be responsible for the safety performance and energy efficiency indexes of the special equipment it produces, and shall not produce special equipment that does not meet the safety performance requirements and energy efficiency indexes, and shall not produce special equipment that is explicitly eliminated by the state industrial policy.
Article 11 the design units of pressure vessels may engage in the design of pressure vessels only with the permission of the special equipment safety supervision and administration department under the state council.
The designer of the pressure vessel shall meet the following requirements:
(1) having designers and design auditors suitable for the design of pressure vessels;
(2) having a place and equipment suitable for the design of pressure vessels;
(3) it shall have a sound management system and responsibility system suitable for the design of pressure vessels.
Article 12 the design documents for gas cylinders (hereinafter referred to as gas cylinders), oxygen tanks, passenger ropeways, large-scale recreational facilities and special equipment with high energy consumption in boilers and pressure vessels shall be authenticated by an inspection and testing institution approved by the safety supervision and administration department of special equipment under the state council before they can be used in manufacturing.
Article 13 in accordance with the requirements of safety technical specifications, type tests and energy efficiency tests must be carried out on the products and components of special equipment that should be subject to type tests or on the new products, components and materials of special equipment that should be trial-produced.
Article 14 of the boiler, pressure vessel, elevator, lifting machinery, passenger ropeway, large-scale amusement facilities and safety accessories, safety protection device manufacture, installation, the transformation of the unit, and pressure pipe with pipe, pipe fittings, valves, flange, compensator, safety protection devices, etc. (hereinafter referred to as "pressure piping components) manufacturing unit and field (factory) in the manufacture of motor vehicle, reforming unit, shall be subject to the license of special equipment safety supervision and regulation department under the state council, shall not engage in relevant activities.
The units that manufacture, install or renovate the special equipment mentioned in the preceding paragraph shall meet the following requirements:
(1) having professional and technical personnel and workers suitable for the manufacture, installation and renovation of special equipment;
(2) having production conditions and testing means suitable for the manufacture, installation and transformation of special equipment;
(3) having a sound quality management system and responsibility system.
Article 15 when special equipment leaves the factory, it shall be accompanied by such documents as design documents required by safety technical specifications, product quality certificates, installation and maintenance instructions, supervision and inspection certificates, etc.
Article 16 the boilers, pressure vessels, elevators, lifting machinery, passenger ropeway, large-scale amusement facilities, field (factory) in special motor vehicle maintenance unit, shall be compatible with special equipment maintenance of professional and technical personnel and skilled workers as well as the necessary testing means, and by the provinces, autonomous regions and municipalities directly under the special equipment safety supervision and administration permission, shall not engage in the corresponding maintenance.
Article 17 the installation, transformation and maintenance of boilers, pressure vessels, lifting machinery, passenger ropeways and large amusement facilities, as well as the transformation and maintenance of special motor vehicles in the yard (factory) must be carried out by the units licensed in accordance with these regulations.
The installation, transformation and maintenance of elevators must be carried out by the elevator manufacturer or by the units authorized or approved by it through the contract and licensed in accordance with these regulations. The elevator manufacturer is responsible for the quality of the elevator and the quality issues involved in its safe operation.
The construction unit that installs, transforms or maintains special equipment shall, before construction, inform in writing the safety supervision and administration department of special equipment in the municipality directly under the central government or the city divided into districts of the situation of installation, transformation or maintenance of special equipment to be carried out.
Article 18 the civil engineering of elevator shaft must meet the quality requirements of construction engineering. In the process of elevator installation and construction, the elevator installation unit shall comply with the requirements of production safety on the construction site and implement the safety protection measures on the site. In the process of elevator installation and construction, the supervision of production safety on the construction site shall be carried out by the relevant departments in accordance with relevant laws and administrative regulations.
In the process of elevator installation and construction, the elevator installation unit shall comply with the general construction contractor's management of production safety on the construction site, and conclude a contract to define their respective safety responsibilities.
Article 19 the manufacture, installation, transformation and maintenance of elevators must strictly comply with the requirements of safety technical specifications. Where an elevator manufacturer entrusts or agrees with other units to carry out elevator installation, transformation or maintenance activities, it shall provide safety guidance and monitor for its installation, transformation or maintenance activities. After the completion of the installation, renovation and maintenance of the elevator, the elevator manufacturer shall carry out the check and debugging of the elevator in accordance with the requirements of the safety technical specifications and shall be responsible for the results of the check and debugging.
Article 20 of the boiler, pressure vessel, elevator, lifting machinery, passenger ropeway, large-scale amusement facilities installation, modification, maintenance and field (factory) in reconstruction of a motor vehicle, after the completion of maintenance, installation, modification, maintenance of the construction unit shall, within 30 days after the acceptance of the relevant technical data transfer unit using, energy intensive special equipment shall also be in accordance with the requirements of the safety technical specifications submitted to energy efficiency test report. The using unit shall store it in the safety technology archives of the special equipment.
Article 21 the boiler, pressure vessel, pressure piping components, manufacturing process of hoisting machinery, large amusement facilities and boiler, pressure vessel, elevator, lifting machinery, passenger ropeway, large-scale amusement facilities installation, modification, major service process, must be approved by the special equipment safety supervision and administration department under the State Council of the examination institutions in accordance with the requirements of technical specification for safety supervision and inspection; Those that have not passed the supervision and inspection shall not leave the factory or be delivered for use.
Article 22 a mobile pressure vessel or gas cylinder filling unit may engage in filling activities only with the permission of the special equipment safety supervision and administration department of the province, autonomous region or municipality directly under the central government.
Filling units shall meet the following requirements:
(1) having managerial and technical personnel suitable for filling and management;
(2) having filling equipment, testing means, site workshops, appliances and safety facilities suitable for filling and management;
(3) having a sound imitation management system, responsibility system and emergency treatment measures.
The gas cylinder filling unit shall provide gas users with gas cylinders that meet the requirements of the safety technical specifications, guide the users on the safe use of gas cylinders, register the use of gas cylinders in accordance with the requirements of the safety technical specifications, and propose regular inspection requirements for gas cylinders.
Chapter iii use of special equipment
Article 23 units that use special equipment shall strictly implement the provisions of these regulations and relevant laws and administrative regulations on production safety to ensure the safe use of special equipment.
Article 24 units that use special equipment shall use special equipment that meets the requirements of safety technical specifications. Before special equipment is put into use, the user shall check whether it is accompanied by the relevant documents stipulated in article 15 of these regulations.
Article 25 before or within 30 days after the special equipment is put into use, the unit that USES the special equipment shall register with the special equipment safety supervision and administration department of the municipality directly under the central government or the city divided into districts. The registration mark shall be placed in a prominent position or attached to the special equipment.
Article 26 units that use special equipment shall establish safety technology archives of special equipment. The safety technology archive shall include the following contents:
(1) design documents, manufacturing units, product quality certificates, instructions for the use and maintenance of special equipment and other documents, as well as installation technical documents and materials;
(2) records of regular inspection and regular self-inspection of special equipment;
(3) records of daily use of special equipment;
(4) daily maintenance records of special equipment and its safety accessories, safety protection devices, measuring and controlling devices and related auxiliary instruments and meters;
(5) records of operating faults and accidents of special equipment;
(6) energy efficiency test report, energy consumption record and technical data of energy conservation renovation for special equipment with high energy consumption.
Article 27 units that use special equipment shall carry out regular routine maintenance of the special equipment in use and make regular self-inspection.
The use unit of special equipment shall carry out self-inspection of the special equipment in use at least once a month and make a record. The unit that USES special equipment shall promptly deal with any abnormal situation that is found during its own inspection and routine maintenance of the special equipment.
The unit that USES the special equipment shall carry out periodic check and maintenance of the safety accessories, safety protection devices, measuring and controlling devices and related auxiliary instruments and meters of the special equipment in use, and shall make records thereof.
The boiler users shall carry out the boiler water (medium) quality treatment in accordance with the requirements of the safety technical specifications, and accept the regular inspection of the water (medium) quality treatment carried out by the inspection and testing institution of special equipment.
Units engaged in boiler cleaning shall carry out boiler cleaning in accordance with the requirements of the safety technical specifications and accept the supervision and inspection of the boiler cleaning process carried out by the inspection and testing institution for special equipment.
Article 28 the user of special equipment shall, in accordance with the regular inspection requirements of the safety technical specifications, submit the regular inspection requirements to the inspection and testing institution of special equipment one month before the expiration of the period of validity of the qualified safety inspection.
Upon receipt of the regular inspection requirements, the inspection and testing institution shall, in accordance with the requirements of the safety technical specification, timely conduct safety performance inspection and energy efficiency test.
Special equipment that has not been inspected regularly or has failed the inspection shall not continue to be used.
Article 29 in case of any malfunction or abnormality of special equipment, the user unit shall carry out a comprehensive inspection on the equipment and eliminate the potential accident before it is put into use again.
If the special equipment fails to meet the energy efficiency index, the unit using the special equipment shall take corresponding measures to make rectification.
Article 30 where special equipment has serious accident potential, has no value for transformation or maintenance, or exceeds the service life stipulated in the safety technical specification, the unit that USES the special equipment shall discard it in time, and shall handle cancellation with the original registered department of special equipment safety supervision and administration.
Article 31 the routine maintenance of elevators must be carried out by the installation, renovation and maintenance units or the elevator manufacturing units licensed in accordance with these regulations.
Elevators should be cleaned, lubricated, adjusted and inspected at least once every 15 days.
Article 32 the daily maintenance units of elevators shall strictly implement the requirements of the national safety technical standards in the maintenance, ensure the safety and technical performance of the elevators they maintain, and be responsible for implementing safety and protection measures on site to ensure the safety of construction.
The daily maintenance unit of the elevator shall be responsible for the safety performance of the elevator it maintains. Upon receipt of the fault notice, it shall immediately go to the scene and take necessary emergency rescue measures.
Article 33 the operation and use units of special equipment, such as elevators, passenger cableways, large amusement facilities, which provide services to the public, shall set up safety management organs for special equipment or have full-time safety management personnel; Other units that use special equipment shall, according to the circumstances, set up safety management organs for special equipment or have full-time or part-time safety management personnel.
The safety management personnel of the special equipment shall make regular checks on the use of the special equipment, and shall immediately deal with any problems found. In case of emergency, it may decide to stop using the special equipment and promptly report to the person in charge of the unit concerned.
Article 34 before passenger ropeways and large amusement facilities are put into daily use, the operating and using units shall conduct trial operation and routine safety inspection, and check and confirm the safety devices.
The operating and using units of elevators, passenger ropeways and large amusement facilities shall place the safety precautions and warning marks of elevators, passenger ropeways and large amusement facilities in a prominent position that is easy for passengers to pay attention to.
Article 35 the principal persons in charge of the operation and use units of passenger ropeways and large amusement facilities shall be familiar with the relevant safety knowledge of passenger ropeways and large amusement facilities, and shall be fully responsible for the safe use of passenger ropeways and large amusement facilities.
The principal persons in charge of the operation and use units of passenger ropeways and large amusement facilities shall hold meetings at least once a month to supervise and inspect the safe use of passenger ropeways and large amusement facilities.
The operating and using units of passenger ropeways and large amusement facilities shall be equipped with a corresponding amount of rescue equipment and first-aid articles according to the actual situation of their own units.
Article 36 passengers in elevators, passenger ropeways and large amusement facilities shall observe the requirements for safety precautions and obey the command of relevant staff.
Article 37 after the elevator is put into use, the elevator manufacturer shall make follow-up investigation and understanding of the safe operation of the elevator it manufactures, put forward Suggestions for improvement and provide necessary technical assistance for the problems existing in the safe operation of the daily maintenance unit of the elevator or the unit using the elevator. If the elevator is found to have a serious potential accident, it shall promptly report to the safety supervision and administration department of special equipment. The elevator manufacturer shall make a record of the investigation and understanding.
Article 38 boilers, pressure vessels, elevators, lifting machinery, passenger ropeway, large-scale amusement facilities, field (factory) the operator of the special motor vehicles and related management personnel (hereinafter generally referred to as special equipment operator), shall be in accordance with the relevant provisions of the state by the special equipment safety supervision and management department of examination qualified, obtains the national unified format of the special operations personnel certificate, shall not engage in the corresponding operations or management.
Article 39 units that use special equipment shall conduct education and training on the safety and energy conservation of special equipment to the operators of special equipment, so as to ensure that the operators of special equipment have the necessary knowledge on the safety and energy conservation of special equipment.
The operators of special equipment shall strictly observe the operation rules and relevant safety rules and regulations of special equipment in their operations.
Article 40 when the operators of special equipment discover potential accidents or other unsafe factors in the course of operation, they shall immediately report to the site safety management personnel and the relevant person in charge of the unit.
Chapter iv inspection and testing
Article 41 the inspection and testing institutions for special equipment engaged in the supervision and inspection, regular inspection, type test as stipulated in these regulations, and the special equipment inspection and testing institutions that specially provide non-destructive testing services for the production, use and inspection and testing of special equipment shall obtain the approval of the special equipment safety supervision and administration department under the state council.
The special equipment inspection and testing institution established by the special equipment user shall, upon approval by the special equipment safety supervision and administration department under the state council, be responsible for the regular inspection of special equipment within the scope approved by the unit.
Article 42 inspection and testing institutions for special equipment shall meet the following requirements:
(1) having inspection and testing personnel suitable for the inspection and testing work they are engaged in;
(2) having inspection and testing instruments and equipment suitable for the inspection and testing work it is engaged in;
(3) having a sound inspection and testing management system and inspection and testing liability system.
Article 43 supervision and inspection, periodic inspection, type test and nondestructive testing of special equipment shall be conducted by inspection and testing institutions of special equipment approved in accordance with these regulations.
The inspection and testing of special equipment shall conform to the requirements of safety technical specifications.
Article 44 special equipment inspection and testing personnel engaged in supervision and inspection, regular inspection, type test and non-destructive testing as stipulated in these regulations shall be examined and found to be qualified by the safety supervision and administration department for special equipment under the state council and obtain the certificate of inspection and testing personnel before they can engage in inspection and testing.
An inspection and testing personnel engaged in inspection and testing must practise in an inspection and testing institution for special equipment, but must not practise in two or more inspection and testing institutions at the same time.
Article 45 inspection and testing institutions and inspection and testing personnel of special equipment shall, in conducting inspection and testing of special equipment, follow the principles of good faith and convenience for enterprises, and provide reliable and convenient inspection and testing services for the production and use units of special equipment.
Inspection and testing institutions and inspection and testing personnel of special equipment shall have the obligation to keep confidential the business secrets of the inspected and tested units involved.
Article 46 inspection and testing institutions and inspection and testing personnel of special equipment shall issue inspection and testing results and appraisal conclusions in an objective, fair and timely manner. After the inspection and testing results and appraisal conclusions are signed by the inspection and testing personnel, they shall be signed by the person in charge of the inspection and testing institution.
Special equipment inspection and testing institutions and inspection and testing personnel shall be responsible for the inspection and testing results and appraisal conclusions.
The safety supervision and administration department for special equipment under the state council shall organize supervision and spot check on the inspection and testing results and appraisal conclusions of the inspection and testing institutions for special equipment. The local departments responsible for the safety supervision and administration of special equipment at or above the county level may also organize supervision and spot check within their respective administrative areas, but duplicate spot check shall be prevented. The results of spot checks shall be made public.
Article 47 inspection and testing institutions and inspection and testing personnel of special equipment shall not engage in the production or sale of special equipment, nor shall they recommend or supervise the production or marketing of special equipment in their name.
Article 48 where an inspection and testing institution for special equipment conducts inspection and testing of special equipment and discovers serious potential accidents or excessive energy consumption, it shall promptly notify the unit using the special equipment and immediately report to the safety supervision and administration department for special equipment.
Article 49 the special equipment inspection inspection institution and inspection staff use detection spite of special equipment, the use of production units, special equipment production, use the unit shall have the right to complain to the special equipment safety supervision and administration department, received complaints of special equipment safety supervision and regulation department shall timely carry out the investigation and handling.
Chapter v supervision and inspection
Article 50 the safety supervision and administration departments of special equipment shall, in accordance with the provisions of these regulations, exercise safety supervision over the production and use units and inspection and testing institutions of special equipment.
The safety supervision and administration departments of special equipment shall carry out key safety supervision over the special equipment in schools, kindergartens, stations, passenger terminals, shopping malls, stadiums, exhibition halls, parks and other public gathering places.
Article 51 the safety supervision and administration department for special equipment may exercise the following functions and powers when investigating and punishing ACTS suspected of violating the provisions of these regulations on the basis of reports or evidence of suspected violation of law obtained:
(1) to investigate and learn from the legal representatives, principal persons in charge and other relevant personnel of the units producing and using special equipment and inspection and testing institutions and other relevant personnel concerning the production, use and inspection and testing that are suspected of being engaged in violation of these regulations;
(2) to consult and duplicate the relevant contracts, invoices, account books and other relevant materials of the production and use units and inspection and testing institutions of special equipment;
(3) to seal up or detain the special equipment that has evidence to show that it does not meet the requirements of the safety technical specification, or that it has other potential serious accidents or that its energy consumption exceeds the standard seriously.
Article 52 the safety supervision and administration departments of special equipment that carry out the licensing, approval and registration in accordance with the provisions of these regulations shall examine the relevant matters in strict accordance with the conditions and requirements of the safety technical standards stipulated in these regulations. Those who do not meet the requirements stipulated in these regulations and the requirements of safety technical standards shall not be permitted, approved or registered; During the period of application for license or approval, if the special equipment safety supervision and administration department finds that the applicant has engaged in the corresponding activities of special equipment or forged the license or approval certificate without permission, it shall not accept or grant the license or approval, and shall not accept the new application for license or approval within one year.
Where an entity that has not obtained the license, approval or registration according to law engages in the production, use or inspection and testing activities of special equipment without authorization, the safety supervision and administration department of special equipment shall handle such activities according to law.
If the license is revoked according to law in violation of the provisions of these regulations, the special equipment safety supervision and administration department shall not accept the new license application within 3 years from the date of revocation.
Article 53 when the safety supervision and administration department of special equipment is handling the relevant administrative examination and approval items stipulated in these regulations, its procedures for accepting, examining, licensing and approving must be made public, and it shall, within 30 days from the date of accepting the application, make a decision on whether to grant, approve or not. In case of disapproval or approval, the reasons shall be explained to the applicant in writing.
Article 54 local special equipment safety supervision and administration departments at all levels shall not in any form of local protection and regional blockade, has been in other places according to these regulations should not be subject to licensing the license of special equipment production units repeated, also for according to these regulations shall not be required in other places the examination qualified special equipment, repeated testing.
Article 55 the safety supervision of special equipment safety supervision and administration department personnel (hereinafter referred to as "special equipment safety supervision personnel") shall be familiar with relevant laws, regulations, rules and safety technical specification, have corresponding professional knowledge and working experience, and the assessment of the special equipment safety supervision and administration department under the State Council, to obtain the certificate of special equipment safety supervision personnel.
Special equipment safety supervisors shall be loyal to their duties, adhere to principles and enforce laws impartially.
Article 56 when the safety supervision and administration department of special equipment carries out safety supervision on the production and use units and inspection and testing institutions of special equipment, it shall have at least two safety supervisors of special equipment to participate in the safety supervision and produce valid certificates of special equipment safety supervisors.
Article 57 special equipment safety supervision and management of the department of special equipment production, the unit using and testing institutions, the implementation of safety supervision shall be on every time the problems of the content of safety supervision, and the processing conditions, make a record, and take the safety supervision of special equipment safety supervision personnel and the relevant head of the units under inspection upon signature file. If the relevant person-in-charge of the inspected unit refuses to sign the document, the special equipment safety supervisory personnel shall put the case on record.
Article 58 of the special equipment safety supervision and management of the department of special equipment production, the use of units and the examination authority safety supervision, found in violation of the provisions of these regulations and safety technical specification requirements of behavior or in the use of special equipment accidents, not in conformity with the indicators of energy efficiency, to send out the special equipment safety supervision instruction shall be in writing, shall be ordered to related units to take timely measures to correct or eliminate a hazard. If it is necessary to take emergency measures under emergency circumstances, a written notice shall be issued subsequently.
Article 59 when the safety supervision and administration department of special equipment carries out safety supervision on the production and use units and inspection and testing organizations of special equipment and finds out major illegal ACTS or serious potential accidents, it shall, while taking necessary measures, promptly report to the safety supervision and administration department of special equipment at a higher level. The safety supervision and administration department of special equipment that receives the report shall take necessary measures to deal with it in a timely manner.
The safety supervision and administration department of special equipment shall report to the local people's government and notify other relevant departments when the local people's government and relevant departments are needed to support and cooperate in the handling of illegal ACTS, serious potential accidents or the non-compliance with energy efficiency indexes. The local people's government and other relevant departments shall take necessary measures to deal with it without delay.
Article 60 the safety supervision and administration department of special equipment under the state council and the safety supervision and administration department of special equipment under the provinces, autonomous regions and municipalities directly under the central government shall regularly publicize the safety and energy efficiency status of special equipment.
Publication of the safety and energy efficiency status of special equipment shall include the following:
(1) quality and safety status of special equipment;
(2) situation, characteristics, cause analysis and preventive countermeasures of accidents of special equipment;
(3) energy efficiency of special equipment;
(4) other information to be disclosed.
Chapter vi prevention, investigation and handling
Article 61 a particularly serious accident occurs under any of the following circumstances:
(1) an accident involving special equipment resulting in the death of more than 30 persons, or serious injury to more than 100 persons (including acute industrial poisoning, the same below), or direct economic loss of more than 100 million yuan;
(2) a boiler of more than 600 megawatts explodes;
(3) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 150,000 people;
(4) where more than 100 passengers are stranded at high altitude on passenger ropeways or large amusement facilities for more than 48 hours.
Article 62 a major accident occurs under any of the following circumstances:
(1) an accident involving special equipment causes the death of not less than 10 but not more than 30 persons, or serious injury to not less than 50 but not more than 100 persons, or direct economic loss of not less than 50 million yuan but not more than 100 million yuan;
(2) the boiler of 600 mw or more has been suspended for more than 240 hours due to safety failure;
(3) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 50,000 but less than 150,000 persons;
(4) where more than 100 passengers are stranded at high altitude on passenger ropeways or large amusement facilities for more than 24 hours and less than 48 hours.
Article 63 a major accident occurs under any of the following circumstances:
(1) an accident involving special equipment causes the death of not less than 3 but not more than 10 people, or serious injury to not less than 10 but not more than 50 people, or direct economic loss of not less than 10 million yuan but not more than 50 million yuan;
(2) the boiler, pressure vessel or pressure pipe explodes;
(3) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 10,000 but less than 50,000 persons;
(4) overturning the crane as a whole;
(5) passengers stranded at high altitude for more than 12 hours on passenger ropeways or large amusement facilities.
Article 64 a general accident is one of the following circumstances:
(1) an accident involving special equipment causes the death of not more than 3 persons, or serious injury to not more than 10 persons, or direct economic loss of not less than 10 million yuan;
(2) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 500 people but less than 10,000 people;
(3) persons stranded in the elevator car for more than two hours;
(4) breaking of the main structural parts of hoisting machinery or falling of the hoisting mechanism;
(5) persons stranded at high altitude on a passenger ropeway for more than 3.5 hours and less than 12 hours;
(6) persons stranded at high altitude in large amusement facilities for more than one hour and less than 12 hours.
In addition to the provisions of the preceding paragraph, the special equipment safety supervision and administration department under the state council may make supplementary provisions on other circumstances of general accidents.
Article 65 the safety supervision and administration department for special equipment shall formulate an emergency plan for special equipment. Units using special equipment shall formulate special contingency plans for accidents and conduct regular drills in case of accidents.
In case of explosion or leakage of pressure vessels or pressure pipelines, the characteristics of the media shall be distinguished during the emergency rescue and the relevant procedures shall be strictly followed to prevent secondary explosions.
Article 66 after the accident of special equipment occurs, the unit that caused the accident shall immediately start the emergency plan for the accident, organize the rescue, prevent the expansion of the accident, reduce casualties and property losses, and promptly report to the safety supervision and administration department of special equipment at or above the county where the accident occurred and the relevant departments.
Upon receipt of the accident report, the safety supervision and administration department for special equipment at or above the county level shall verify the relevant situation as soon as possible, immediately report to the local people's government, and report the accident situation level by level. When necessary, the safety supervision and administration department of special equipment may report accidents beyond the level. The safety supervision and administration department of special equipment under the state council shall immediately report to the state council and notify the supervision and administration department of production safety under the state council and other relevant departments concerning especially major accidents and major accidents.
Article 67 the state council or the relevant department authorized by the state council shall organize a case investigation group to investigate a particularly major accident.
The safety supervision and administration department of special equipment under the state council shall, in conjunction with other relevant departments, organize an accident investigation team to investigate major accidents.
The safety supervision and administration departments of special equipment in the provinces, autonomous regions and municipalities directly under the central government shall organize accident investigation teams to investigate major accidents.
The safety supervision and administration department of special equipment in a city divided into districts shall, in conjunction with the relevant departments, organize an accident investigation team to investigate general accidents.
Article 68 the accident investigation report shall be approved by the local people's government of the special equipment safety supervision and administration department responsible for organizing the accident investigation, and shall be reported to the first-level special equipment safety supervision and administration department for the record.
The relevant authorities shall, in accordance with the approval and the limits of authority and procedures prescribed by laws and administrative regulations, impose administrative penalties on the units and personnel responsible for the accident and impose sanctions on the state functionaries responsible for the accident.
Article 69 the safety supervision and administration department for special equipment shall, under the leadership of the relevant local people's government, organize the investigation and handling of accidents involving special equipment.
The local people's governments concerned shall support and cooperate with the people's governments at higher levels or the safety supervision and administration departments of special equipment in the investigation and handling of accidents, and provide necessary facilities.
Article 70 the safety supervision and administration department for special equipment shall analyze the causes of accidents and evaluate the relevant safety technical specifications according to the management and technical characteristics of special equipment and the accident situation. Where it is necessary to formulate or revise the relevant safety technical specifications, they shall be formulated or revised in a timely manner.
Article 71 the term "above" in this chapter shall include the principal number, and the term "below" shall not include the principal number.
Chapter vii legal liability
Article 72 those who engage in the design of pressure vessels without permission shall be banned by the safety supervision and administration department of special equipment and imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan; The illegal gains, if any, shall be confiscated; Where a criminal law is violated, the responsible persons in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation or other crimes.
Article seventy-three of the boiler, gas, oxygen tank and passenger ropeway, large-scale amusement facilities and energy intensive special equipment design documents, unless special equipment safety supervision and administration department under the State Council approved the examination institution identification, used in the manufacture of, without authorization by the special equipment safety supervision and administration department shall be ordered to correct, confiscate the illegal products, a fine of not more than 50000 yuan and 200000 yuan; Those who have violated the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of producing or selling fake and low-quality products, the crime of illegal business operation or other crimes.
Article 74 if the products, components or new products or components of special equipment that should be subject to type test according to the requirements of the safety technical specifications have not been tested on the whole machine or the type test of components, the safety supervision and administration department of special equipment shall order them to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined not less than 20,000 yuan but not more than 100,000 yuan.
Article seventy-five without permission, without authorization, boilers, pressure vessels, elevators, lifting machinery, passenger ropeway, large-scale amusement facilities, a dedicated motor vehicles (factory) and its safety accessories, safety protection device manufacture, installation, alteration and pressure piping components manufacturing activities, shall be banned by the special equipment safety supervision and administration department, confiscate the illegal products, has been implemented, the transformation of the installation, shall be ordered to restore to its original condition or instructs deadline by the authorized unit to installation, modification, a fine of not more than 100000 yuan and 500000 yuan; Those who have violated the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of producing or selling fake and low-quality products, the crime of illegal business operation, the crime of serious accident or other crimes.
Article 76 when special equipment leaves the factory, the safety supervision and administration department of special equipment shall order it to make corrections if the design documents, product quality certificate, installation and maintenance instructions, supervision and inspection certificate and other documents are not attached in accordance with the requirements of safety technical specifications. If the circumstances are serious, the violator shall be ordered to stop production or sales and be imposed a fine of not more than 30% of the value of the goods illegally produced or sold; The illegal gains, if any, shall be confiscated.
Article 77 those who, without permission, engage in the maintenance or routine maintenance of boilers, pressure vessels, elevators, lifting machinery, passenger ropeways, large amusement facilities or special motor vehicles in the yard (factory) shall be banned by the safety supervision and administration department of special equipment and imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan; The illegal gains, if any, shall be confiscated; Where a criminal law is violated, the persons in charge who are held responsible and other persons who are directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation, the crime of an accident with major responsibility or other crimes.
Article seventy-eight of the boiler, pressure vessel, elevator, lifting machinery, passenger ropeway, large-scale amusement facilities installation, modification, maintenance of construction units and field (factory) in special motor vehicle modification and maintenance of the unit, not before the construction of the proposed special equipment installation, modification, maintenance condition notify municipality directly under the central government or city divided into districts of the special equipment safety supervision and regulation department shall construction, or within 30 days after the acceptance was not transfer the relevant technical data of boiler, pressure vessel, elevator, lifting machinery, the use of passenger ropeway, large-scale amusement facilities, special equipment safety supervision and administration department shall order correction within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 2,000 yuan but not more than 10,000 yuan.
Article seventy-nine of the boiler, pressure vessel, pressure piping components, manufacturing process of hoisting machinery, large amusement facilities and boiler, pressure vessel, elevator, lifting machinery, passenger ropeway, large-scale amusement equipment installation, modification, major service process, and boiler cleaning process, unless special equipment safety supervision and administration department under the state council for approval of the examination institutions in accordance with the requirements of technical specification for safety supervision and inspection, by the special equipment safety supervision and administration department shall be ordered to correct, have factory, confiscate the illegal production and sales of products, has been implemented installation, alteration, major repair or cleaning, To order supervision and inspection within a time limit and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; The illegal gains, if any, shall be confiscated; If the circumstances are serious, the license already obtained by the unit that manufactures, installs, transforms or maintains shall be revoked, and its business license shall be revoked by the administrative department for industry and commerce; Those who have violated the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of producing or selling fake and low-quality products or other crimes.
Article 80 whoever, without permission, engages in mobile pressure vessel or gas cylinder filling activities shall be banned by the safety supervision and administration department of special equipment, confiscate the illegally filled gas cylinder and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; The illegal gains, if any, shall be confiscated; Where a criminal law is violated, the responsible persons in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation or other crimes.
If the mobile pressure vessel or gas cylinder charging unit fails to carry out charging activities in accordance with the requirements of safety technical specifications, the safety supervision and administration department of special equipment shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, its filling qualification shall be revoked.
Article 81 if an elevator manufacturer is under any of the following circumstances, the safety supervision and administration department of special equipment shall order it to make corrections within a time limit. Those who fail to make corrections within the time limit shall be criticized in a circular:
(1) failing to check and debug the elevator in accordance with the provisions of article 19 of these regulations;
(2) failing to timely report to the safety supervision and administration department of special equipment due to the discovery of serious potential accidents during the follow-up investigation and understanding of the safe operation of the elevator.
Article 82 where a manufacturer or inspection and testing institution of special equipment that has been approved or approved commits any of the following ACTS, the safety supervision and administration department for special equipment shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, the corresponding qualification shall be revoked:
(1) failing to go through the procedures for changing the license in accordance with the requirements of the safety technical specification;
(2) continuing to engage in the production, inspection and testing of special equipment that no longer meets the requirements of these regulations or the requirements of safety technical specifications;
(3) failing to carry out production, inspection and testing of special equipment in accordance with the provisions of these regulations or the requirements of safety technical specifications;
(4) forging, altering, leasing, lending or transferring the license certificate or the supervision and inspection report.
Article 83 where a user of special equipment is under any of the following circumstances, the safety supervision and administration department for special equipment shall order it to make corrections within a time limit. Those who fail to make corrections within the time limit shall be fined not less than 2,000 yuan but not more than 20,000 yuan; If the circumstances are serious, it shall be ordered to stop the use or suspend production or business for rectification:
(1) putting special equipment into use without registering with the safety supervision and administration department of special equipment before or within 30 days after the equipment is put into use;
(2) failing to establish safety technology archives for special equipment in accordance with article 26 of these regulations;
(3) failing to carry out regular routine maintenance and regular self-inspection of special equipment in use in accordance with the provisions of article 27 of these regulations, or carrying out periodic check and maintenance of safety accessories, safety protection devices, measuring and controlling devices and related auxiliary instruments and meters of special equipment in use, and making records;
(4) failing to submit the regular inspection requirements to the inspection and testing institution of special equipment one month before the expiration of the valid period of the safety inspection in accordance with the requirements of the safety technical specification;
(5) using special equipment which has not been inspected regularly or which fails to pass the inspection;
(6) the special equipment continues to be put into use without comprehensive inspection or elimination of potential accidents due to malfunction or abnormal conditions;
(7) failing to formulate a special emergency plan for accidents involving special equipment;
(8) failing to clean, lubricate, adjust or inspect the elevator in accordance with the provisions of paragraph 2 of article 31 of these regulations;
(9) the boiler water (medium) is not treated in accordance with the safety technical specification;
(10) the special equipment fails to meet the energy efficiency index and fails to take corresponding measures for rectification in time.
Where a user of special equipment USES special equipment produced by a unit without a production license or USES a non-pressure boiler or a non-pressure vessel as a pressure boiler or a pressure vessel, the safety supervision and administration department of special equipment shall order it to stop the use, confiscate it and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article eighty-four special equipment there are serious accidents, without modification, maintenance value, or more than the use fixed number of year of the rules and regulations of safety technology, special equipment use unit not be discarded, and to the original registration of go through the cancellation of special equipment safety supervision and administration department, special equipment safety supervision and administration department shall order correction within a time limit; Those who fail to make corrections within the time limit shall be fined not less than 50,000 yuan but not more than 200,000 yuan.
Article 85 if the operation and use units of elevators, passenger ropeways or large amusement facilities are under any of the following circumstances, the safety supervision and administration department of special equipment shall order them to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to stop use or suspend production or business for rectification, and shall be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan:
(1) before passenger ropeways or large amusement facilities are put into use on a daily basis, they fail to conduct trial operation and routine safety inspection, and check and confirm safety devices;
(2) failing to place the safety precautions and warning marks of elevators, passenger ropeways and large amusement facilities in a prominent position that is easy for passengers to pay attention to.
Article 86 where a user of special equipment is under any of the following circumstances, the safety supervision and administration department for special equipment shall order it to make corrections within a time limit. If it fails to make corrections within the time limit, it shall be ordered to stop use or suspend production or business for rectification, and shall be imposed a fine of not less than 2,000 yuan but not more than 20,000 yuan:
(1) failing to set up safety management institutions for special equipment or to appoint full-time or part-time safety management personnel in accordance with the provisions of these regulations;
(2) the personnel engaged in the operation of special equipment who have not obtained the corresponding certificate of special operation personnel and are employed in the operation;
(3) failing to conduct safety education and training for operators of special equipment.
Article 87 where a special equipment accident occurs, the safety supervision and administration department of special equipment shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on the unit under any of the following circumstances. The safety supervision and administration department of special equipment shall impose a fine of not less than 4,000 yuan but not more than 20,000 yuan on the principal person in charge; Those who are state functionaries shall be punished according to law; Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of an accident with major responsibility or other crimes:
(1) the main person-in-charge of a unit that USES special equipment fails to immediately organize rescue or leaves his post without permission or goes into hiding during the investigation and handling of the accident when there is an accident of special equipment in his unit;
(2) the main person in charge of the unit that USES the special equipment conceals the accident of the special equipment, makes a false report or delays the report.
Article 88 the unit responsible for the accident shall be fined by the safety supervision and administration department for special equipment in accordance with the following provisions:
(1) where a general accident occurs, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed;
(2) where a major accident occurs, a fine of not less than 200,000 yuan but not more than 500,000 yuan shall be imposed;
(3) where a serious accident occurs, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed.
Article 89 where the principal responsible person of the unit responsible for the accident fails to perform his duties in accordance with the law, thus causing the accident, the safety supervision and administration department for special equipment shall impose a fine in accordance with the following provisions. Those who are state functionaries shall be punished according to law; Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of an accident with major responsibility or other crimes:
(1) if an ordinary accident occurs, a fine of 30% of the annual income of the previous year shall be imposed;
(2) where a major accident occurs, a fine of 40% of the annual income of the previous year shall be imposed;
(3) in case of a serious accident, a fine of 60% of the annual income of the previous year shall be imposed.
Article ninety special equipment operating personnel in violation of the relevant special equipment operating procedures and safety rules and regulations of the operation, or found in the operation process of potential accidents or other unsafe factors, did not immediately report to the site safety management and relevant units, head, by using special equipment unit giving critical education and disposition; If the circumstances are serious, the qualification of operators of special equipment shall be revoked; Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of an accident with major responsibility or other crimes.
Article 91 those who, without approval, engage in such inspection and testing activities as supervision and inspection, regular inspection, type test and non-destructive testing as prescribed in these regulations shall be banned by the safety supervision and administration department for special equipment and imposed a fine of not less than 50,000 yuan but not more than 200,000 yuan; The illegal gains, if any, shall be confiscated; Where a criminal law is violated, the responsible persons in charge and other persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of illegal business operation or other crimes.
Article 92 where an inspection and testing institution for special equipment falls under any of the following circumstances, the safety supervision and administration department for special equipment shall impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, the inspection and testing qualification shall be revoked:
(1) employing personnel who have not passed the examination organized by the safety supervision and administration department for special equipment and have obtained the certificate of inspection and testing personnel to engage in relevant inspection and testing;
(2) failing to timely inform the unit using the special equipment when serious potential accidents or excessive energy consumption are found in the inspection and testing of the special equipment, and immediately reporting to the safety supervision and administration department of the special equipment.
Article ninety-three of the special equipment inspection inspection institution and inspection staff, issued false inspection test results, a conclusion or test results, a conclusion of misrepresentation, by the special equipment safety supervision and administration department of the examination institutions have their illegal incomes confiscated, fined between 200000 yuan to 50000 yuan, if the circumstances are serious, revoke its qualification examination; If the circumstances are serious, the inspection and testing personnel shall be fined not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are serious, the inspection and testing qualification shall be revoked; if the criminal law is violated, the criminal responsibility shall be investigated in accordance with the provisions of the criminal law on the crime of providing false certification documents for the intermediary organization personnel, the crime of major misstatement of certification documents issued by the intermediary organization personnel or other crimes.
Inspection and testing institutions and inspection and testing personnel of special equipment shall be liable for compensation if they issue false inspection and testing results or appraisal conclusions or if the inspection and testing results or appraisal conclusions are seriously inaccurate and cause damage.
Article ninety-four special equipment inspection testing institution or testing personnel engaged in special equipment production, sale, or recommend or supervise the manufacture of, in the name of the sale of special equipment, the special equipment safety supervision and management departments revocation of special equipment inspection detection institutions and detection personnel qualifications, a fine of not more than 50000 yuan and 200000 yuan; The illegal gains, if any, shall be confiscated.
Article 95 inspection and testing institutions and inspection and testing personnel of special equipment shall, by making use of the inspection and testing work, deliberately create difficulties for the production and use units of special equipment, and the safety supervision and administration department of special equipment shall order them to make corrections. If it refuses to make corrections, its inspection and testing qualification shall be revoked.
Article 96 where an inspection and testing personnel, engaged in inspection and testing work, does not practise in an inspection and testing institution for special equipment or concurrently practises in two or more inspection and testing institutions, the safety supervision and administration department for special equipment shall order them to make corrections. The illegal gains, if any, shall be confiscated.
Article 97 where a department in charge of special equipment safety supervision and administration and its personnel in charge of special equipment safety supervision commit any of the following illegal ACTS, the persons in charge who are directly responsible and other persons who are directly responsible shall be demoted or removed from their posts according to law; Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of taking bribes, the crime of abuse of power, the crime of dereliction of duty or other crimes:
(1) failing to carry out licensing, approval or registration in accordance with the requirements of the provisions of these regulations and safety technical specifications;
(2) failing to ban or deal with the production, use or inspection and testing activities of special equipment without permission, approval or registration;
(3) failing to revoke the original license of the entity that produces or USES special equipment after discovering that it no longer meets the requirements as stipulated in these regulations, or failing to investigate and handle the illegal act of producing or using special equipment;
(4) failing to revoke the original approval of an inspection and testing institution for special equipment that finds that it no longer meets the requirements as prescribed by these regulations, or failing to investigate and handle the act of issuing false inspection and testing results or appraisal conclusions or seriously inaccurate inspection and testing results or appraisal conclusions;
(5) duplicate licensing of special equipment manufacturers that have obtained licenses in other places in accordance with the provisions of these regulations, or duplicate inspection and testing of special equipment that has passed inspection and testing in other places in accordance with the provisions of these regulations;
(6) failing to deal with immediately any act in violation of these regulations and safety technical standards or serious potential accident of special equipment in use;
(7) failing to timely report to the safety supervision and administration department of special equipment at a higher level upon discovering major illegal ACTS or potential serious accidents, or failing to immediately deal with the safety supervision and administration department of special equipment that has received the report;
(8) late reporting, omission, concealment or false reporting of accidents;
(9) obstructing the rescue or investigation and handling of an accident.
Article 98 where any producer or user of special equipment or an inspection and testing institution refuses to accept the safety supervision carried out according to law by the safety supervision and administration department for special equipment, the safety supervision and administration department for special equipment shall order it to make corrections within a time limit. If it fails to make corrections within the time limit, it shall be ordered to suspend production or business for rectification and be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan; Whoever violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the criminal law on the crime of obstructing public service or other crimes.
Where a production or user of special equipment USES, replaces, transfers or destroys, without authorization, the sealed or seized special equipment or its major components, the safety supervision and administration department of special equipment shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If the circumstances are serious, the corresponding qualification shall be revoked.
Chapter viii supplementary provisions
Article 99 the meanings of the following terms in these regulations are:
(1) boiler refers to the equipment that USES various fuels, electricity or other energy to heat the liquid to a certain parameter and output the heat energy to the outside, and its scope is defined as the pressure steam boiler with a volume greater than or equal to 30L; Pressurized hot water boiler with outlet pressure greater than or equal to 0.1mpa (gauge pressure) and rated power greater than or equal to 0.1mw; Organic heat carrier boiler.
(2) of pressure vessel, it is to point to holding gas or liquid, carrying a certain pressure airtight device, its range for maximum working pressure is greater than or equal to 0.1 MPa (table), and the product of the pressure and volume of greater than or equal to 2.5 MPa l. gas, liquefied gas and the highest standard of working temperature is higher than or equal to the boiling point of the mobile and stationary containers of liquid container; Gas cylinders with nominal working pressure greater than or equal to 0.2mpa (nominal pressure) and pressure times volume greater than or equal to 1.0mpa ·L, liquefied gases and gas cylinders with standard boiling point equal to or lower than 60℃ liquid; Oxygen tank, etc.
(3) the pressure piping, refers to the use of certain pressure, tubular device for conveying gases or liquids, the range for the maximum working pressure is greater than or equal to 0.1 MPa (table) pressure of gas, liquefied gas, steam medium or flammable, explosive, toxic, corrosive, the highest working temperature is higher than or equal to standard the boiling point of liquid medium, and nominal diameter greater than 25 mm pipe.
(4) elevators refer to mechanical and electrical equipment that, driven by power, moves up and down or transports people and goods in parallel by means of boxes running along rigid guide rails or steps running along fixed lines, including elevators (goods), escalators and moving sidewalks, etc.
(5) lifting machinery refers to the electromechanical equipment used for vertical lifting and lifting or for vertical lifting and moving heavy objects horizontally, and the scope of which is stipulated to be the lift with rated lifting weight greater than or equal to 0.5t; Rated lifting weight greater than or equal to 1t, and lifting height greater than or equal to 2m cranes and load-bearing form fixed electric hoist.
(6) passenger ropeway refers to the mechanical and electrical equipment that is driven by power and transports personnel by means of flexible rope traction vehicles such as boxes, including passenger overhead ropeway, passenger cable car and passenger towing ropeway.
(7) large amusement facilities refer to the facilities that are used for business purposes to carry passengers' amusement. The scope of such facilities is defined as the designed maximum operating line speed greater than or equal to 2m/s, or the operating height higher than or equal to 2m above the ground for large manned amusement facilities.
(8) the special purpose motor vehicles in the field (factory) refer to the special purpose motor vehicles only used in the factory area, tourist attractions, amusement places and other specific areas except road traffic and agricultural vehicles.
The special equipment includes the materials used, the safety accessories attached, the safety protection devices and the facilities related to the safety protection devices.
Article 100 measures for the safety supervision and administration of the design, installation and use of pressure pipelines shall be formulated separately by the state council.
Article 101 the department of special equipment safety supervision and administration under the state council may authorize the departments of special equipment safety supervision and administration under the provinces, autonomous regions and municipalities directly under the central government to take charge of the administrative licensing work for special equipment as stipulated in these regulations. The specific measures shall be formulated by the department of special equipment safety supervision and administration under the state council.
Article 102 fees for administrative licensing, inspection and testing of special equipment shall be collected in accordance with the relevant regulations of the state.
Article 103 these regulations shall come into force as of June 1, 2003. The interim regulations on safety supervision of boilers and pressure vessels promulgated by the state council on February 6, 1982 shall be repealed simultaneously. [1-2]
The revision
The editor
Release order
Decree no. 549 of the state council of the People's Republic of China
The "decision of the state council on amending the > regulations on safety supervision of special equipment", which was adopted at the 46th executive meeting of the state council on January 14, 2009, is hereby promulgated and shall come into force as of May 1, 2009.
Premier wen jiabao
January 24, 2009 [2]
content
Decision of the state council on amending the regulations on safety supervision of special equipment
The state council has decided to amend the regulations on safety supervision of special equipment as follows:
1. Article 2, paragraph 1, is amended to read: "the special equipment mentioned in these regulations refers to boilers, pressure vessels (including gas cylinders, the same below), pressure pipes, elevators, lifting machinery, passenger ropeways, large amusement facilities and special motor vehicles in the yard (factory) that involve life safety and are of great danger."
2. Article 3, paragraph 2, is amended to read: "these regulations shall not apply to the safety supervision of military equipment, nuclear facilities, aerospace vehicles, railway locomotives, maritime facilities and ships, as well as special equipment used in mines and special equipment for civil airports."
The third paragraph is amended to read: "the supervision and administration of the installation and use of hoisting machines and special motor vehicles in the construction sites of housing and municipal engineering sites shall be carried out by the competent department of construction administration in accordance with the provisions of relevant laws and regulations."
3. Article 5, paragraph 1, shall be amended to read: "the production and use units of special equipment shall establish and improve the management system of safety and energy conservation of special equipment and the responsibility system of post safety and energy conservation."
The second paragraph is amended to read: "the main person in charge of the unit that produces and USES the special equipment shall be fully responsible for the safety and energy conservation of the special equipment of the unit."
4. Article 8 add one item as the second item: "the state encourages the research, development, demonstration and popularization of energy-saving technology of special equipment, and promotes the innovation and application of energy-saving technology of special equipment."
"The manufacturers and users of the special equipment and the inspection and testing institutions of the special equipment shall ensure the necessary safety and energy-saving investment."
Add one, as the fourth section: "the state encourages the implementation of special equipment liability insurance system, improve the accident compensation capacity."
5. Article 10, paragraph 2, is amended to read: "the manufacturer of special equipment shall be responsible for the safety performance and energy efficiency indexes of the special equipment it produces, and shall not produce special equipment that does not meet the safety performance requirements and energy efficiency indexes, and shall not produce special equipment that is explicitly eliminated by the national industrial policy."
Article 6 the third paragraph of article 22 shall be amended to read: "the gas cylinder filling unit shall provide gas users with gas cylinders that meet the requirements of the safety technical specifications, guide users on the safe use of gas cylinders, register the use of gas cylinders in accordance with the requirements of the safety technical specifications, and make periodic inspection requirements for gas cylinders."
7. Article 26 add one item as item 6: "energy efficiency test report, energy consumption status record and technical data of energy conservation renovation for special equipment with high energy consumption."
8. Article 27 add a new paragraph as the fourth paragraph: "the boiler user shall conduct the boiler water (medium) quality treatment in accordance with the requirements of the safety technical specification, and accept the regular inspection of the water (medium) quality treatment carried out by the inspection and testing institution of special equipment."
"The unit engaged in boiler cleaning shall carry out the boiler cleaning in accordance with the requirements of the safety technical specification and accept the supervision and inspection of the boiler cleaning process carried out by the inspection and testing institution for special equipment."
Article 9 and article 29 add a new paragraph as the second paragraph: "if the special equipment fails to meet the energy efficiency index, the unit using the special equipment shall take corresponding measures to make rectification."
Delete article 31.
Article 11, article 40 is changed to article 39, and paragraph 1 is amended to read: "the unit using special equipment shall educate and train the operators of special equipment in safety and energy conservation, so as to ensure that the operators of special equipment have the necessary knowledge of safety and energy conservation of special equipment."
Article 49 is changed to article 48 and amended to read: "if the inspection and testing institution of special equipment conducts inspection and testing of special equipment and finds serious potential accidents or energy consumption exceeding the standard, it shall promptly inform the user of special equipment and immediately report to the safety supervision and administration department of special equipment.
Article 13. Article 53 is changed to article 52, and the first paragraph is amended to read: "the safety supervision and administration department for special equipment that carries out the licensing, approval and registration in accordance with the provisions of these regulations shall examine the relevant matters in strict accordance with the conditions and requirements of the safety technical specifications as stipulated in these regulations; Those who do not meet the requirements stipulated in these regulations and the requirements of safety technical standards shall not be permitted, approved or registered; During the period of application for license or approval, if the special equipment safety supervision and administration department finds that the applicant has engaged in the corresponding activities of special equipment or forged the license or approval certificate without permission, it shall not accept the application or grant the license or approval, and shall not accept the new application for license or approval within one year.
The third paragraph is amended to read: "if the license is revoked according to law in violation of the provisions of these regulations, the safety supervision and administration department of special equipment shall not accept the new license application within 3 years from the date of revocation of the license."
14, article 59 article 58, instead is amended as: "special equipment safety supervision and management of the department of special equipment production, the use of units and the examination authority safety supervision, found in violation of the provisions of these regulations and safety technical specification requirements of the act or in the use of special equipment accidents, not in conformity with the indicators of energy efficiency, to send out the special equipment safety supervision instruction shall be in writing, shall be ordered to related units to take timely measures to correct or eliminate a hazard. If it is necessary to take emergency measures under emergency circumstances, a written notice shall be issued subsequently."
Article 62 shall be deleted.
Article 63 shall be deleted.
17. A new article is inserted as article 61: "a particularly serious accident occurs under any of the following circumstances:
"(1) an accident involving special equipment resulting in the death of more than 30 persons, or serious injury to more than 100 persons (including acute industrial poisoning, the same below), or direct economic losses of more than 100 million yuan;
"(2) a boiler of more than 600 megawatts explodes;
"(3) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 150,000 people;
"(4) where more than 100 people are stranded at high altitude on passenger ropeways or large amusement facilities for more than 48 hours."
18. A new article is inserted as article 62: "a major accident occurs under any of the following circumstances:
"(1) an accident involving special equipment resulting in the death of not less than 10 but not more than 30 persons, or serious injury of not less than 50 but not more than 100 persons, or direct economic loss of not less than 50 million yuan but not more than 100 million yuan;
"(2) the boiler of over 600 megawatts has been suspended for more than 240 hours due to safety failure;
"(3) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 50,000 but less than 150,000 persons;
"(4) where more than 100 passengers are stranded at high altitude on passenger ropeways or large amusement facilities for more than 24 hours and less than 48 hours.
19. A new article is added as article 63: "a major accident occurs under any of the following circumstances:
"(1) an accident involving special equipment causes the death of not less than three but not more than ten people, or serious injury to not less than ten but not more than fifty people, or direct economic losses of not less than ten million yuan but not more than fifty million yuan;
"(2) the boiler, pressure vessel or pressure pipe explodes;
"(3) the release of toxic media in pressure vessels or pressure pipelines, resulting in the transfer of more than 10,000 but less than 50,000 persons;
"(4) overturning the hoisting machinery as a whole;
"(5) passengers stranded at high altitude for more than 12 hours on passenger ropeways or large amusement facilities."
(article 20 to 37 are omitted due to word limit)
In addition, the order and part of the text of the articles are adjusted and amended accordingly.
This decision shall come into force as of May 1, 2009.
The regulations on safety supervision of special equipment shall be amended and repromulgated in accordance with this decision.