Presidential order of the people

Fourth

The "Special Equipment Safety Law of the People's Republic of China" was adopted by the third meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on June 29, 2013. It is hereby promulgated and will be implemented as of January 1, 2014. .

President of the People's Republic of China Xi Jinping

June 29, 2013

People's Republic of China Special Equipment Safety Law

(Adopted at the third meeting of the Standing Committee of the 12th National People's Congress on June 29, 2013)

table of Contents

Chapter I General

Chapter II Production, Management, and Use

Section 1 General Provisions

Section II Production

Section III

Section IV

Chapter III Inspection and Testing

Chapter IV Supervision and Management

Chapter V Accident Emergency Rescue and Investigation and Treatment

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General

Article 1 This Law is enacted for the purpose of strengthening the safety of special equipment, preventing accidents of special equipment, ensuring the safety of people and property, and promoting economic and social development.

Article 2 This Law applies to the production (including design, manufacture, installation, modification, repair), operation, use, inspection, testing and supervision and management of special equipment safety of special equipment.

The term "special equipment" as used in this Law refers to boilers, pressure vessels (including gas cylinders), pressure pipes, elevators, lifting appliances, passenger ropeways, large amusement facilities, and fields (factory) that pose greater risks to personal and property safety. Special motor vehicles within, as well as other special equipment applicable to this Law by laws and administrative regulations.

The state implements catalogue management of special equipment. The catalogue of special equipment shall be formulated by the department in charge of special equipment safety supervision and administration of the State Council and shall be implemented after being approved by the State Council.

Article 3 The safety work of special equipment shall adhere to the principles of safety first, prevention first, energy conservation and environmental protection, and comprehensive management.

Article 4 The State implements the safety supervision and management of the classification, whole process of the production, operation and use of special equipment.

Article 5 The State Council responsible for the supervision and administration of special equipment safety shall supervise and manage the safety of special equipment throughout the country. The departments in charge of the special equipment safety supervision and administration of the local people's governments at or above the county level shall supervise and manage the safety of special equipment within their respective administrative areas.

Article 6 The State Council and local people's governments at various levels shall strengthen their leadership over the safety of special equipment and urge all relevant departments to perform their supervisory and management duties in accordance with the law.

Local people's governments at or above the county level shall establish coordination mechanisms to coordinate and solve problems in the safety supervision and management of special equipment in a timely manner.

Article 7 The production, operation and use of special equipment shall abide by this Law and other relevant laws and regulations, establish and improve the safety and energy conservation responsibility system for special equipment, strengthen the safety and energy conservation management of special equipment, and ensure the safety of production, operation and use of special equipment. , in line with energy-saving requirements.

Article 8 The production, operation, use, inspection and testing of special equipment shall comply with the relevant technical specifications and related standards for special equipment.

The safety technical specifications for special equipment shall be formulated by the department in charge of special equipment safety supervision and administration of the State Council.

Article 9 Special equipment industry associations shall strengthen industry self-discipline, promote the construction of industry credit system, and improve the safety management level of special equipment.

Article 10 The State supports scientific and technological research on the safety of special equipment, encourages the promotion and application of advanced technologies and advanced management methods, and rewards units and individuals that have made outstanding contributions.

Article 11 The department responsible for the safety supervision and administration of special equipment shall strengthen the safety publicity and education of special equipment, popularize the safety knowledge of special equipment, and enhance the safety awareness of special equipment of the public.

Article 12 Any unit or individual has the right to report violations involving the safety of special equipment to the departments responsible for the safety supervision and administration of special equipment and relevant departments, and the departments receiving the reports shall promptly handle them.

Chapter II Production, Management, and Use

Section 1 General Provisions

Article 13 The production, operation and use units of special equipment and their principals are responsible for the safety of special equipment for production, operation and use.

The production, operation and use of special equipment shall be equipped with special equipment safety management personnel, testing personnel and operating personnel in accordance with relevant state regulations, and shall carry out necessary safety education and skill training.

Article 14 Special equipment safety management personnel, testing personnel and operating personnel shall obtain corresponding qualifications in accordance with relevant state regulations before they can engage in related work. Special equipment safety management personnel, testing personnel and operators shall strictly implement safety technical specifications and management systems to ensure the safety of special equipment.

Article 15 Special equipments for the production, operation and use of special equipment shall conduct self-inspection and maintenance of their own special equipment for production, operation and use. Special equipment subject to inspection by the State shall be declared and accepted in time.

Article 16 If special equipment adopts new materials, new technologies and new technologies, which are inconsistent with the requirements of safety technical specifications, or if safety technical specifications are not required and may have a major impact on safety performance, it shall be responsible to the State Council for the supervision and management of special equipment safety. The department's declaration shall be entrusted by the department in charge of special equipment safety supervision and management by the State Council to timely entrust a safety technical consulting institution or relevant professional organization to conduct technical review. The results of the evaluation shall be approved by the department in charge of special equipment safety supervision and management before being put into production and use.

The department in charge of special equipment safety supervision and administration of the State Council shall promptly incorporate relevant technical requirements for new materials, new technologies and new processes that are permitted to be used into safety technical specifications.

Article 17 The State encourages the insured special equipment safety liability insurance.

Section II Production

Article 18 The State implements a licensing system for the production of special equipment in accordance with the principle of classified supervision and management. The production unit of special equipment shall have the following conditions, and may only engage in production activities after being approved by the department in charge of special equipment safety supervision and management:

(1) having professional and technical personnel suitable for production;

(2) having equipment, facilities and workplaces compatible with production;

(3) There are sound quality assurance, safety management and post responsibility systems.

Article 19 The production unit of special equipment shall ensure that the production of special equipment meets the requirements of safety technical specifications and relevant standards, and is responsible for the safety performance of the special equipment it produces. Special equipment that does not meet safety performance requirements and energy efficiency indicators and is eliminated by the state shall not be produced.

Article 20 The design documents of boilers, gas cylinders, oxygen tanks, passenger ropeways and large-scale amusement facilities shall be certified by the inspection agency approved by the department responsible for the safety supervision and administration of special equipment before they can be used for manufacturing.

Special equipment products, components or trial-made special equipment New products, new components and new materials used in special equipment shall be approved by the department in charge of special equipment safety supervision and management if they need to pass the type test for safety verification in accordance with the requirements of safety technical specifications. The inspection agency conducts a type test.

Article 21 When leaving a special equipment, the special equipment shall be accompanied by relevant technical documents and documents such as design documents, product quality certificate, installation and use maintenance instructions, supervision and inspection certificates, etc. required by the safety technical specifications, and set in the prominent position of the special equipment. Product nameplate, safety warning signs and instructions.

Article 22 The installation, modification and repair of an elevator must be carried out by the elevator manufacturing unit or the unit entrusted by it to obtain the corresponding permission in accordance with this Law. If the elevator manufacturing unit entrusts other units to install, renovate or repair the elevators, it shall conduct safety guidance and monitoring on its installation, transformation and repair, and perform verification and commissioning in accordance with the requirements of safety technical specifications. The elevator manufacturing unit is responsible for the safety performance of the elevator.

Article 23 The construction unit that installs, renovates or repairs special equipment shall inform the municipality or the municipal competent government of the district responsible for the safety supervision and management of special equipment in writing before the construction. .

Article 24 After completion of installation, transformation and repair of special equipment, the construction unit that installs, renovates or repairs shall hand over the relevant technical data and documents to the special equipment user within 30 days after acceptance. Special equipment users should deposit them into the safety technical files of the special equipment.

Article 25 The manufacturing process of special equipment such as boilers, pressure vessels and pressure piping components and the installation, transformation and major repair processes of boilers, pressure vessels, pressure pipes, elevators, lifting machinery, passenger ropeways and large amusement facilities shall be The special equipment inspection agency shall conduct supervision and inspection in accordance with the requirements of safety technical specifications; if it is not qualified for supervision or supervision, it shall not be delivered or delivered for use.

Article 26 The State establishes a recall system for defective special equipment. If special equipment has the same nature defect that jeopardizes safety due to production reasons, the special equipment production unit shall immediately stop production and take the initiative to recall.

The department in charge of special equipment safety supervision and management of the State Council shall, when it discovers that special equipment should be recalled but not recalled, shall order the special equipment production unit to recall it.

Section III

Article 27 Special equipment sold by special equipment sales units shall meet the requirements of safety technical specifications and relevant standards, relevant technical documents and documents such as design documents, product quality certification, installation and use maintenance instructions, supervision and inspection certificates, etc. It should be complete.

The special equipment sales unit shall establish a special equipment inspection and acceptance and sales record system.

It is forbidden to sell special equipment that has not been licensed for production, special equipment that has not been inspected and inspected, or special equipment that has been eliminated by the state and has been scrapped.

Article 28 The special equipment rental unit shall not rent special equipment that has not been licensed for production, or special equipment that has been eliminated and scrapped by the state, and special maintenance that has not been inspected according to the requirements of safety technical specifications. device.

Article 29 The use management and maintenance obligations of special equipment during the rental period shall be borne by the special equipment rental unit, unless otherwise stipulated by law or otherwise agreed by the parties.

Article 30 Imported special equipment shall meet the requirements of China's safety technical specifications and pass the inspection; if it is necessary to obtain the production license for special equipment in China, it shall obtain a permit.

The technical materials and documents attached to imported special equipment shall comply with the provisions of Article 21 of this Law. The installation and use of maintenance instructions, product nameplates, safety warning signs and their descriptions shall be in Chinese.

The import and export inspection of special equipment shall comply with the laws and administrative regulations concerning the inspection of import and export commodities.

Article 31 Imported special equipment shall perform the obligation of early notification to the department in charge of the safety supervision and administration of special equipment at the place of import.

Section IV

Article 32 The units that use special equipment shall use special equipment that has been licensed to produce and has passed the inspection.

It is forbidden to use special equipment that has been eliminated by the state and has been scrapped.

Article 33 The unit for the use of special equipment shall, within 30 days after the special equipment is put into use or put into use, go through the use registration with the department in charge of the safety supervision and administration of special equipment and obtain the registration certificate for use. The registration mark should be placed in a prominent position on the special equipment.

Article 34 The units that use special equipment shall establish safety management systems such as post responsibility, hidden dangers management, emergency rescue, etc., and formulate operational procedures to ensure the safe operation of special equipment.

Article 35 The units that use special equipment shall establish special technical files for special equipment. The security technology file should include the following:

(1) Relevant technical materials and documents such as design documents for special equipment, product quality certification, installation and use of maintenance instructions, supervision and inspection certificates;

(2) Periodic inspections of special equipment and regular self-inspection records;

(3) Record of the daily use status of special equipment;

(4) Maintenance records of special equipment and its attached instruments and meters;

(5) Operational faults and accident records of special equipment.

Article 36 The operating units of special equipments that provide services to the public such as elevators, passenger ropeways and large-scale amusement facilities shall be responsible for the safety of the use of special equipment, and set up special equipment safety management agencies or special-purpose special equipment safety management personnel. Other units of special equipment use shall set up special equipment safety management agencies or special-time and part-time special equipment safety management personnel according to the situation.

Article 37 The use of special equipment shall have prescribed safety distance and safety protection measures.

Buildings and ancillary facilities related to the safety of special equipment shall comply with the provisions of relevant laws and administrative regulations.

Article 38 Special equipment belongs to the common. The co-owner may entrust the property service unit or other manager to manage the special equipment. The trustee shall fulfill the obligations of the special equipment use unit stipulated in this Law and bear corresponding responsibilities. If the co-owner fails to entrust, the co-owner or the actual manager shall perform the management obligations and assume corresponding responsibilities.

Article 39 The units that use special equipment shall carry out regular maintenance and regular self-inspection of the special equipment used by them, and make records.

Special equipment users shall periodically check and repair the safety accessories and safety protection devices of the special equipment they use, and make records.

Article 40 The unit for the use of special equipment shall, in accordance with the requirements of the safety technical specifications, submit a periodic inspection request to the special equipment inspection agency one month before the expiration of the inspection qualification period.

After receiving the periodic inspection requirements, the special equipment inspection agency shall conduct the safety performance inspection in time according to the requirements of the safety technical specifications. The unit of special equipment use shall place the periodic inspection mark in a prominent position of the special equipment.

Special equipment that has not been inspected regularly or fails to pass the inspection shall not continue to be used.

Article 41 Special equipment safety management personnel shall conduct regular inspections on the use of special equipment and shall promptly handle the problems; if the situation is urgent, it may decide to stop using special equipment and report the relevant person in charge of the unit in time.

Special equipment operators shall report accidents or other unsafe factors during the operation, and shall immediately report to the special equipment safety management personnel and the relevant person in charge of the unit; when the special equipment is not operating normally, the special equipment operators shall take effective measures in accordance with the operating procedures. ensure safety.

Article 42 If a special equipment fails or an abnormal situation occurs, the unit that uses the special equipment shall conduct a comprehensive inspection to eliminate the hidden danger of the accident before continuing to use it.

Article 43 Before the passenger ropeway and large-scale amusement facilities are put into use daily, their operating units shall conduct trial operation and routine safety inspections, and inspect and confirm safety accessories and safety protection devices.

Elevators, passenger ropeways, and large-scale amusement facilities shall use safety instructions, safety precautions, and warning signs for elevators, passenger ropeways, and large amusement facilities in prominent locations that are easily accessible to passengers.

The public to ride or operate elevators, passenger ropeways, and large-scale amusement facilities shall comply with the requirements of safe use instructions and safety precautions, and obey the management and command of the relevant personnel; in case of abnormal operation, they shall be evacuated in an orderly manner in accordance with the safety guidelines.

Article 44 Boiler users shall conduct boiler water (media) treatment in accordance with the requirements of safety technical specifications and accept regular inspections by special equipment inspection agencies.

Engage in boiler cleaning, it should be in accordance with safety technology