Special Equipment Safety Law of the People's Republic of China
Special Equipment Safety Law of the People's Republic of China
Special Equipment Safety Law of the People's Republic of China
Order of the President of the People's Republic of China No.4
June 29, 2013
The Special Equipment Safety Law of the People's Republic of China was adopted at the third session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on June 29, 2013, which is hereby promulgated for implementation as of January 1, 2014.
President of the People's Republic of China: Xi Jinping
Special Equipment Safety Law of the People's Republic of China
(Adopted at the third session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on June 29, 2013)
Contents
Chapter I General Provisions
Chapter II Production, Operation and Use
Section 1 General Requirements
Section 2 Production
Section 3 Operation
Section 4 Use
Chapter III Inspection and Testing
Chapter IV Supervision and Administration
Chapter V Emergency Rescue, Investigation and Handling of Accidents
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Special Equipment Safety Law of the People's Republic of China (hereinafter referred to as the "Law") is enacted in order to strength safety-related work of special equipment, prevent accidents caused by special equipment, guarantee personal safety and the safety of property and promote the development of economy and society.
Article 2 The Law applies to the production (including design, manufacture, installation, modification and maintenance), operation, use, inspection, testing of and the supervision and administration over special equipment.
For the purpose of the Law, special equipment refers to boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, cranes, passenger cableways, large entertainment facilities and in-plant (in-factory) special motor vehicles that involve great danger to the personal and property safety and other special equipment applicable to the Law in accordance with laws and administrative regulations.
The state carries out catalogue administration over special equipment. The catalogue of special equipment shall be formulated by the department in charge of the supervision and administration of special equipment safety under the State Council and be put into implementation upon submission to and approval by the State Council.
Article 3 With respect to special equipment safety, the principles of safety first, focus on prevention, energy conservation, environmental protection and comprehensive administration shall be upheld.
Article 4 The state carries out classified and full-process safety supervision and administration over the production, operation and use of special equipment.
Article 5 The department in charge of the supervision and administration of special equipment safety under the State Council shall also implement supervision and administration over special equipment safety all over the country. Departments in charge of the supervision and administration of special equipment safety under local people's governments of above county level shall implement supervision and administration over special equipment safety in their respective regions of administration.
Article 6 The State Council and all levels of local people's governments shall strengthen the leadership over the safety-related work of special equipment, and supervise and urge all relevant departments to fulfill their responsibilities of supervision and administration in accordance with the law.
All levels of local people's governments above the county level shall establish a coordination mechanism to coordinate and solve existing problems in the supervision and administration of special equipment safety on a timely basis.
Article 7 The entities producing, operating and using special equipment shall abide by the Law and other relevant laws and regulations, and establish and improve the responsibility system for administration of the safety and energy conservation of special equipment to ensure safe production, operation, and use of special equipment and compliance with requirements on energy conservation.
Article 8 The production, operation, use, inspection and testing of special equipment shall be subject to relevant safety and technical specifications and relevant standards of special equipment.
The safety and technical specifications of special equipment shall be formulated by the department in charge of the supervision and administration of special equipment safety under the State Council.
Article 9 The industry association of special equipment shall enhance self-regulation, promote the establishment of industry credit system and improve the administration of special equipment safety.
Article 10 The state supports scientific and technological research on special equipment safety, encourages promotion and application of advanced technology and management methods, and grants rewards to entities and individuals that have made outstanding contributions.
Article 11 Departments in charge of the supervision and administration of special equipment safety shall enhance the propaganda and education of special equipment safety, popularize the knowledge of special equipment safety and enhance the awareness of special equipment safety of the social public.
Article 12 Any entity or individual shall have the right to report any illegal act concerning special equipment safety to the department in charge of the supervision and administration of special equipment and relevant departments. Departments receiving such reports shall handle the same on a timely basis.
Chapter II Production, Operation and Use
Section 1 General Requirements
Article 13 Entities producing, operating and using special equipment and the principals of such entities shall be responsible for the safety of special equipment produced, operated and used.
Subject to relevant provisions of the state, the entities producing, operating and using special equipment shall allocate special equipment safety administrators, inspectors and operators and provide necessary safety education and skill training for them.
Article 14 Special equipment safety administrators, inspectors and operators shall, in accordance with relevant provisions of the state, obtain relevant qualifications to engage in relevant work. Special equipment safety administrators, inspectors and operators shall strictly abide by the safety technical norms and management system and ensure the safety of special equipment.
Article 15 The entities producing, operating and using special equipment shall, on their own, test and maintain special equipment produced, operated and used by them, and shall timely declare special equipment, which is subject to inspection in accordance with the provisions of the state, and accept inspections.
Article 16 Where new materials, new technologies or new processes adopted by special equipment are not consistent with the requirements of safety technical norms, or have no safety technical norms and might have material impact on the safety performance, it is required to inform the department in charge of the supervision and administration of special equipment safety under the State Council, which shall timely commission safety technology consultant institutions or relevant professional institutions for technical review. Upon the approval of the review results by the department in charge of the supervision and administration of special equipment safety under the State Council, such special equipment may be put into production and use.
The department in charge of the supervision and administration of special equipment safety under the State Council shall to include, on a timely basis, relevant technical requirements of new materials, new technologies and new processes permitted to be adopted into the safety technical norms.
Article 17 The state encourages coverage of liability insurance for special equipment safety.
Section 2 Production
Article 18 The state applies a licensing system to the production of special equipment based on the principle of classified supervision and administration. Entities producing special equipment may engage in production activities after complying with the following conditions and being licensed by departments in charge of the supervision and administration of special equipment safety:
1. employing professional technicians applicable for production;
2. equipped with equipment, facilities and working places applicable for production; and
3. having sound systems covering quality assurance, safety administration and work post responsibility.
Article 19 Entities producing special equipment shall ensure that the production of special equipment shall comply with the requirements of safety technical norms and relevant standards, and shall be responsible for the safety performance of special equipment produced. The entities shall not produce special equipment in disconformity with safety performance requirements or energy performance index, or eliminated by the explicit order of the state.
Article 20 The design documents for boilers, gas cylinders, oxygen cabins, passenger cableways and large entertainment facilities may be used in the manufacturing only after being appraised by the inspection and testing institutions approved by the department in charge of the supervision and administration of special equipment safety.
Where products and components of special equipment, or new products, components of special equipment and new materials adopted in special equipment shall, subject to the requirements of safety technical norms, pass the model tests for safety validation, such tests shall be conducted by inspection institutions approved by departments in charge of the supervision and administration of special equipment safety.
Article 21 Special equipment shall be accompanied by, when leaving the factory, relevant technical materials and documents such as the design documents, product quality certificate, instructions for installation and maintenance, and supervision and inspection certificate as required by the safety technical norms, and the product nameplate, safety warning marks and their descriptions shall be placed in marked positions of special equipment.
Article 22 The installation, modification and maintenance of elevators must be carried out by entities manufacturing such elevators or entities that are commissioned by them and have obtained licenses pursuant to the Law. Where entities manufacturing such elevators commission the other entities to install, modify or maintain the elevators, they shall provide safety guidance and supervision for such installation, modification and maintenance, and conduct verification and debugging in accordance with the requirements of the safety technical norms. Entities manufacturing elevators shall be responsible for the safety performance of the elevators.
Article 23 The construction entities installing, modifying and maintaining special equipment shall, prior to such construction, notify in writing departments in charge of the supervision and administration of special equipment safety of the people's governments of the municipalities directly under the Central Government or the cities divided into districts of such intended installation, modification and maintenance of special equipment.
Article 24 Upon the completion of installation, modification and maintenance of special equipment, the construction entities for such installation, modification and maintenance shall, within 30 days upon the acceptance, transfer relevant technical materials and documents to entities using the special equipment, which shall include such materials and documents into the safety technology files for such special equipment.
Article 25 The manufacturing procedures of special equipment such as boilers, pressure vessels, components of pressure pipelines and the procedures for installation, modification and major maintenance of boilers, pressure vessels, pressure pipelines, elevators, cranes, passenger cableways and large entertainment facilities shall be subject to the supervision and inspection of special equipment inspection institutions in accordance with requirements of the safety technical norms; special equipment that is not supervised or inspected or fails the supervision or inspection shall not leave the factory or be delivered for use.
Article 26 The state has established a recall system for defective special equipment.
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Order of the President of the People's Republic of China No.4
June 29, 2013
The Special Equipment Safety Law of the People's Republic of China was adopted at the third session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on June 29, 2013, which is hereby promulgated for implementation as of January 1, 2014.
President of the People's Republic of China: Xi Jinping
Special Equipment Safety Law of the People's Republic of China
(Adopted at the third session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on June 29, 2013)
Contents
Chapter I General Provisions
Chapter II Production, Operation and Use
Section 1 General Requirements
Section 2 Production
Section 3 Operation
Section 4 Use
Chapter III Inspection and Testing
Chapter IV Supervision and Administration
Chapter V Emergency Rescue, Investigation and Handling of Accidents
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Special Equipment Safety Law of the People's Republic of China (hereinafter referred to as the "Law") is enacted in order to strength safety-related work of special equipment, prevent accidents caused by special equipment, guarantee personal safety and the safety of property and promote the development of economy and society.
Article 2 The Law applies to the production (including design, manufacture, installation, modification and maintenance), operation, use, inspection, testing of and the supervision and administration over special equipment.
For the purpose of the Law, special equipment refers to boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, cranes, passenger cableways, large entertainment facilities and in-plant (in-factory) special motor vehicles that involve great danger to the personal and property safety and other special equipment applicable to the Law in accordance with laws and administrative regulations.
The state carries out catalogue administration over special equipment. The catalogue of special equipment shall be formulated by the department in charge of the supervision and administration of special equipment safety under the State Council and be put into implementation upon submission to and approval by the State Council.
Article 3 With respect to special equipment safety, the principles of safety first, focus on prevention, energy conservation, environmental protection and comprehensive administration shall be upheld.
Article 4 The state carries out classified and full-process safety supervision and administration over the production, operation and use of special equipment.
Article 5 The department in charge of the supervision and administration of special equipment safety under the State Council shall also implement supervision and administration over special equipment safety all over the country. Departments in charge of the supervision and administration of special equipment safety under local people's governments of above county level shall implement supervision and administration over special equipment safety in their respective regions of administration.
Article 6 The State Council and all levels of local people's governments shall strengthen the leadership over the safety-related work of special equipment, and supervise and urge all relevant departments to fulfill their responsibilities of supervision and administration in accordance with the law.
All levels of local people's governments above the county level shall establish a coordination mechanism to coordinate and solve existing problems in the supervision and administration of special equipment safety on a timely basis.
Article 7 The entities producing, operating and using special equipment shall abide by the Law and other relevant laws and regulations, and establish and improve the responsibility system for administration of the safety and energy conservation of special equipment to ensure safe production, operation, and use of special equipment and compliance with requirements on energy conservation.
Article 8 The production, operation, use, inspection and testing of special equipment shall be subject to relevant safety and technical specifications and relevant standards of special equipment.
The safety and technical specifications of special equipment shall be formulated by the department in charge of the supervision and administration of special equipment safety under the State Council.
Article 9 The industry association of special equipment shall enhance self-regulation, promote the establishment of industry credit system and improve the administration of special equipment safety.
Article 10 The state supports scientific and technological research on special equipment safety, encourages promotion and application of advanced technology and management methods, and grants rewards to entities and individuals that have made outstanding contributions.
Article 11 Departments in charge of the supervision and administration of special equipment safety shall enhance the propaganda and education of special equipment safety, popularize the knowledge of special equipment safety and enhance the awareness of special equipment safety of the social public.
Article 12 Any entity or individual shall have the right to report any illegal act concerning special equipment safety to the department in charge of the supervision and administration of special equipment and relevant departments. Departments receiving such reports shall handle the same on a timely basis.
Chapter II Production, Operation and Use
Section 1 General Requirements
Article 13 Entities producing, operating and using special equipment and the principals of such entities shall be responsible for the safety of special equipment produced, operated and used.
Subject to relevant provisions of the state, the entities producing, operating and using special equipment shall allocate special equipment safety administrators, inspectors and operators and provide necessary safety education and skill training for them.
Article 14 Special equipment safety administrators, inspectors and operators shall, in accordance with relevant provisions of the state, obtain relevant qualifications to engage in relevant work. Special equipment safety administrators, inspectors and operators shall strictly abide by the safety technical norms and management system and ensure the safety of special equipment.
Article 15 The entities producing, operating and using special equipment shall, on their own, test and maintain special equipment produced, operated and used by them, and shall timely declare special equipment, which is subject to inspection in accordance with the provisions of the state, and accept inspections.
Article 16 Where new materials, new technologies or new processes adopted by special equipment are not consistent with the requirements of safety technical norms, or have no safety technical norms and might have material impact on the safety performance, it is required to inform the department in charge of the supervision and administration of special equipment safety under the State Council, which shall timely commission safety technology consultant institutions or relevant professional institutions for technical review. Upon the approval of the review results by the department in charge of the supervision and administration of special equipment safety under the State Council, such special equipment may be put into production and use.
The department in charge of the supervision and administration of special equipment safety under the State Council shall to include, on a timely basis, relevant technical requirements of new materials, new technologies and new processes permitted to be adopted into the safety technical norms.
Article 17 The state encourages coverage of liability insurance for special equipment safety.
Section 2 Production
Article 18 The state applies a licensing system to the production of special equipment based on the principle of classified supervision and administration. Entities producing special equipment may engage in production activities after complying with the following conditions and being licensed by departments in charge of the supervision and administration of special equipment safety:
1. employing professional technicians applicable for production;
2. equipped with equipment, facilities and working places applicable for production; and
3. having sound systems covering quality assurance, safety administration and work post responsibility.
Article 19 Entities producing special equipment shall ensure that the production of special equipment shall comply with the requirements of safety technical norms and relevant standards, and shall be responsible for the safety performance of special equipment produced. The entities shall not produce special equipment in disconformity with safety performance requirements or energy performance index, or eliminated by the explicit order of the state.
Article 20 The design documents for boilers, gas cylinders, oxygen cabins, passenger cableways and large entertainment facilities may be used in the manufacturing only after being appraised by the inspection and testing institutions approved by the department in charge of the supervision and administration of special equipment safety.
Where products and components of special equipment, or new products, components of special equipment and new materials adopted in special equipment shall, subject to the requirements of safety technical norms, pass the model tests for safety validation, such tests shall be conducted by inspection institutions approved by departments in charge of the supervision and administration of special equipment safety.
Article 21 Special equipment shall be accompanied by, when leaving the factory, relevant technical materials and documents such as the design documents, product quality certificate, instructions for installation and maintenance, and supervision and inspection certificate as required by the safety technical norms, and the product nameplate, safety warning marks and their descriptions shall be placed in marked positions of special equipment.
Article 22 The installation, modification and maintenance of elevators must be carried out by entities manufacturing such elevators or entities that are commissioned by them and have obtained licenses pursuant to the Law. Where entities manufacturing such elevators commission the other entities to install, modify or maintain the elevators, they shall provide safety guidance and supervision for such installation, modification and maintenance, and conduct verification and debugging in accordance with the requirements of the safety technical norms. Entities manufacturing elevators shall be responsible for the safety performance of the elevators.
Article 23 The construction entities installing, modifying and maintaining special equipment shall, prior to such construction, notify in writing departments in charge of the supervision and administration of special equipment safety of the people's governments of the municipalities directly under the Central Government or the cities divided into districts of such intended installation, modification and maintenance of special equipment.
Article 24 Upon the completion of installation, modification and maintenance of special equipment, the construction entities for such installation, modification and maintenance shall, within 30 days upon the acceptance, transfer relevant technical materials and documents to entities using the special equipment, which shall include such materials and documents into the safety technology files for such special equipment.
Article 25 The manufacturing procedures of special equipment such as boilers, pressure vessels, components of pressure pipelines and the procedures for installation, modification and major maintenance of boilers, pressure vessels, pressure pipelines, elevators, cranes, passenger cableways and large entertainment facilities shall be subject to the supervision and inspection of special equipment inspection institutions in accordance with requirements of the safety technical norms; special equipment that is not supervised or inspected or fails the supervision or inspection shall not leave the factory or be delivered for use.
Article 26 The state has established a recall system for defective special equipment.
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