"People's Republic of China special equipment safety law"

People's Republic of China chairman order

Number fourth

(adopted at the third meeting of the Standing Committee of the Twelfth National People's Congress on June 29, 2013)

"The People's Republic of China special equipment safety law" by the People's Republic of China Twelfth National People's Congress Standing Committee of the third meeting on June 29, 2013, is hereby promulgated and shall come into force as of January 1, 2014.

People's Republic of China President Xi Jinping

June 29, 2013

Special equipment safety law highlights the special equipment production, operation and use of the unit safety responsibility, clear: in the process of production, production of special equipment for quality; in the business sectors, special equipment sales and rental must comply with the safety requirements, the lessor has the use of special equipment safety management and maintenance obligations in the use of links; the accident prone, the use of units responsible for the safety of special equipment, and undertake the obligation of scrap equipment, the accident caused damage shall be liable for compensation.

Special equipment, including boilers, pressure vessels, pressure pipes, elevators, lifting machinery, passenger lifts, large recreational facilities, field (plant) in the special motor vehicles and so on. These devices generally have the characteristics of high pressure, high temperature, high altitude, high speed operating conditions, flammable, explosive, easy to fall, etc., on the personal and property safety is a great danger.

Chapter I General Provisions

Article 1 this law is formulated in order to strengthen the safety of special equipment, to prevent special equipment accidents, to ensure personal and property safety, and to promote economic and social development.

This Law shall apply to the supervision and administration of production (including design, manufacture, installation, alteration, repair), operation, use, inspection, inspection and special equipment safety of second special equipment.

"Special equipment" as mentioned in this Law refers to the boiler and dangerous to the personal and property safety of pressure vessels (including gas cylinders), pressure piping, elevator, crane, passenger ropeway, large recreation facilities, field (factory) in special vehicles and other special equipment to apply the provisions of this Law and the law and administrative regulations.

National directory management of special equipment. The catalogue of special equipment shall be formulated by the State Council in charge of the safety supervision and administration of special equipment, and shall be submitted to the State Council for approval.

Third special equipment safety work should adhere to safety first, prevention first, energy saving and environmental protection, the principle of comprehensive management.

Fourth countries for the production, operation and use of special equipment, the implementation of the classification, the whole process of safety supervision and management.

Fifth departments of the State Council in charge of special equipment safety supervision and management of the national special equipment safety supervision and management of the implementation. The local people's governments at or above the county level shall be responsible for the supervision and administration of the safety supervision and administration of special equipment, and shall supervise and manage the safety of special equipment in this administrative area.

Article sixth 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 duties according to law.

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

Seventh special equipment production, operation and use of units shall abide by this Law and other relevant laws and regulations, establish and improve the special equipment safety and energy conservation responsibility system, strengthen the special equipment safety and energy saving management, ensure special equipment production, operation, use safety, comply with the requirement of energy conservation.

Eighth special equipment production, operation, use, inspection and testing shall comply with the relevant special equipment safety technical specifications and related standards.

The safety technical specification of special equipment shall be formulated by the State Council in charge of the Department of safety supervision and administration of special equipment.

Ninth special equipment industry associations should strengthen self-discipline, promote industry integrity system construction, improve the level of special equipment safety management.

Tenth national support for the safety of special equipment, scientific and technological research, to encourage the promotion of advanced technology and advanced management methods to make outstanding contributions to the units and individuals to give incentives.

Eleventh departments in charge of special equipment safety supervision and management department should strengthen special equipment safety publicity and education, popularization of special equipment safety knowledge, and enhance public awareness of special equipment safety.

Twelfth any unit or individual has the right to be responsible for special equipment safety supervision and management of the Department and the relevant departments involved in special equipment safety violations, received a report of the Department should be timely treatment.

The second chapter is the production, management and use.

Section 1 General Provisions

Thirteenth special equipment production, management, use of the unit and its main person in charge of the production, operation, use of special equipment safety is responsible for.

Special equipment production, operation and use units shall, in accordance with the relevant provisions of the state, equipped with special equipment safety management personnel, testing personnel and operations personnel, and to carry out the necessary safety education and skills training.

Fourteenth special equipment safety management personnel, testing personnel and operational personnel shall be in accordance with the relevant provisions of the state to obtain the appropriate qualifications, can be engaged in related work. Special equipment safety management personnel, testing personnel and operating personnel shall strictly implement the safety technical specification and management system, to ensure the safety of special equipment.

Fifteenth special equipment production, management and use of their production and management, the use of special equipment should be carried out by inspection and maintenance of special equipment inspection, implementation of the provisions of the State shall timely report and accept inspection.

Sixteenth special equipment with new materials, new technology, new technology, is not consistent with the requirements of the safety technical code, technical specification for safety or not, can have a significant impact on the safety performance, shall be submitted to the State Council is responsible for special equipment safety supervision and administration department reporting by the State Council, responsible for special equipment safety supervision and administration department timely entrust security technology consulting institutions or professional institutions to conduct technical review, review the results approved by the State Council is responsible for special equipment safety supervision and administration department, can be put into production and use.

The State Council shall be responsible for the safety supervision and administration of special equipment, and shall be responsible for the relevant technical requirements of the new materials, new technologies and new processes that are allowed to be used in a timely manner.

Seventeenth countries to encourage insurance special equipment safety liability insurance.

Second section production

Eighteenth countries in accordance with the principles of classification of supervision and management of special equipment production license system. Special equipment production units shall meet the following requirements, and shall be permitted by the Department in charge of safety supervision and administration of special equipment, and shall be engaged in production activities:

(1) professional and technical personnel to meet the production;

(two) there are equipment, facilities and work places to be adapted to the production;

(three) a sound system of quality assurance, safety management and job responsibility.

Nineteenth special equipment production units shall ensure the production of special equipment to meet the requirements of safety technical specifications and related standards, the production of special equipment safety performance is responsible for. No production does not meet the safety requirements and energy efficiency indicators and obsolete equipment.

The design documents twentieth boilers, gas cylinders, cabin, passenger ropeway, large recreation facilities, shall be approved by the inspection agency responsible for identification of special equipment safety supervision and Administration Department of the party, can be used in the manufacture of.

Special equipment products, components or manufacture of special equipment of new products and new parts and special equipment with new materials, in accordance with the requirements of the safety technical code through the type test for security verification, shall be responsible for the special equipment safety supervision and administration department approved the inspection body type test.

Twenty-first special equipment factory, design documents, requirements should be attached to the safety technical specification of the product quality certificate, installation and use of maintenance of the supervision and inspection certificate and other relevant technical information and documents, and prominently set in special equipment nameplates, safety warning signs and instructions.

Twenty-second the installation, modification and repair of the elevator shall be made by the elevator manufacturing unit or its authorized units in accordance with this law. The elevator manufacturing units commissioned elevator installation, alteration, repair and other units should be on the installation, renovation, repair guidance and safety monitoring, and check and adjustment in accordance with the requirements of the safety technical code. Elevator manufacturing units responsible for the safety performance of the elevator.

Twenty-third special equipment installation, renovation, repair and construction units in the former construction should be quasi Municipal People's government installation, renovation, repair of special equipment by written notice to municipalities or districts responsible for special equipment safety supervision and administration department.

Twenty-fourth special equipment installation, modification, after the completion of the repair, installation, renovation, repair of construction units shall, within thirty days after the acceptance of the relevant technical information and documents transferred to the use of special equipment units. The use of special equipment shall be deposited in the special equipment safety technical files.

Twenty-fifth boiler, pressure vessel, pressure piping components and other special equipment manufacturing process and boiler, pressure vessel, pressure pipeline, elevator, crane, passenger ropeway, large recreation facilities installation, renovation, major repairs, shall be subject to special equipment inspection agency in accordance with the requirements of the safety technical code for supervision and inspection; without supervision and inspection or inspection unqualified, shall not be manufactured or delivered.

Twenty-sixth countries to establish a special defect recall system. Special equipment production units shall immediately stop production and take the initiative to recall because of the defective equipment in the production of the same sex.

The Department in charge of special equipment safety supervision and administration under the State Council shall be ordered to recall the production units of special equipment when it finds that there should be a recall in the case of special equipment.

Third section management

Special equipment twenty-seventh special equipment sales unit sales, shall comply with the safety technical specifications and related standards, the design documents, product quality certificate, installation and use of maintenance of the supervision and inspection certificate and other relevant technical information and documents shall be complete.

Special equipment sales unit shall establish a special equipment inspection and acceptance and sales records system.

Prohibit the sale without obtaining the special equipment production license, without special equipment inspection and inspection unqualified, or obsolete and scrapped special equipment.

Twenty-eighth special equipment rental units shall not be leased without a license production of special equipment or obsolete and scrapped the special equipment, and not in accordance with the requirements of the safety technical code for maintenance and without inspection or inspection unqualified special equipment.

Twenty-ninth special equipment in the rental period of the use of management and maintenance obligations by the special equipment rental units, the law or otherwise agreed by the parties, except as otherwise agreed.

Special equipment thirtieth imported in China shall comply with the technical specification for safety requirements, and passed the test; I need to obtain the production license of special equipment, shall obtain the permit.

Imported special equipment with the technical data and documents shall conform to the provisions of this Law Article twenty-first, the installation and use of maintenance instructions, product nameplate, safety warning signs and instructions should be used Chinese.

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

Thirty-first imported special equipment, shall be responsible for the safety supervision and management of special equipment imported to the Department in advance to inform obligations.

Fourth section use

Thirty-second special equipment units shall be used to obtain a license to produce and test the qualified special equipment.

Prohibit the use of special equipment obsolete and scrapped.

The use of thirty-third units of special equipment shall be thirty days after the special equipment is put into use before or put into use, to be responsible for special equipment safety supervision and administration department for registration, made use of the certificate of registration. The registration mark shall be placed in the significant position of the special equipment.

Thirty-fourth special equipment units should be used to establish job responsibilities, risk management, emergency rescue and other safety management system, the development of operational procedures to ensure safe operation of special equipment.

Thirty-fifth special equipment should be used to establish special equipment safety technical files. The security technical file shall include the following:

(a) the design documents of special equipment, product quality certification, installation and use of maintenance instructions, supervision, inspection and other related technical information and documentation;

(two) periodic inspection and periodic inspection records of special equipment;

(three) record of the daily use of special equipment;

(four) the maintenance of special equipment and its ancillary equipment and instruments;

(five) operation failure and accident record of special equipment.

Special equipment thirty-sixth lift, passenger ropeway, large amusement facilities to provide public services of the operation unit, safe use of special equipment shall be responsible for setting the special equipment safety management agency or with full-time safety management personnel of special equipment; other units of special equipment, special equipment safety management department shall be set up according to the situation or equipped with special equipment safety management personnel of full-time or part-time.

The use of thirty-seventh special equipment shall have the specified safety distance and safety protection measures.

In accordance with relevant laws and administrative regulations, the building and ancillary facilities related to the safety of special equipment shall be in conformity with the relevant laws and administrative regulations.

Thirty-eighth special equipment is common, there are people can entrust property services management unit or other special equipment, the use of the special equipment unit trustee to fulfill the provisions of this law obligation, assume corresponding responsibility. Co commissioned by a total of people or the actual manager to fulfill management obligations, and assume the corresponding responsibility.

Thirty-ninth units of special equipment should be used for the use of special equipment for regular maintenance and periodic inspection, and make records.

Special equipment units shall regularly check and repair the safety accessories and safety devices used by the special equipment, and make records.

Fortieth units of special equipment shall, in accordance with the requirements of the safety technical specification, put forward regular inspection requirements to the special equipment inspection agency one month before the expiration of the valid period of inspection.

The special equipment inspection agency shall, upon receipt of the periodic inspection requirements, carry out the safety performance test in accordance with the requirements of the safety technical specification. The use of special equipment shall be placed on a regular inspection mark on the significant position of the special equipment.

Special equipment which has not been regularly inspected or tested is not allowed to continue to use.

Forty-first special equipment safety management of special equipment shall use in regular inspection, found the problem should be dealt with immediately; in case of emergency, can decide to stop the use of special equipment and report to the person in charge of the unit.

Special equipment operators found hidden dangers of accidents or other unsafe factors in the process of operation, should immediately to the personnel and units of special equipment safety management official report; special equipment operation is not normal, special operation personnel shall be in accordance with the operating rules and take effective measures to ensure the safety of.

Forty-second special equipment failure or abnormal situation, the use of special equipment units should be a comprehensive inspection, eliminate the hidden dangers of accidents, can continue to use.

The forty-third passenger ropeway, large recreation facilities put to use in daily operation, the use of units shall conduct the trial operation and routine safety inspection, and safety accessories and safety protection device to check.

Lift, passenger ropeway, large recreation facilities operating units should use the elevator, passenger ropeway, large recreation facilities safety instructions, safety precautions and warning signs placed in the position of the passengers was easy to notice.

Take the elevator or public operation, passenger ropeway, large recreation facilities, shall comply with the safety instructions and safety precautions, obey the relevant working personnel management and command; in case of abnormal operation, should be in accordance with the safety guidelines, orderly evacuation.

Forty-fourth boiler units should be used in accordance with the requirements of the safety technical specification for the boiler water (dielectric) treatment, and to accept the special equipment inspection agency periodic inspection.

In the boiler cleaning, shall be in accordance with the requirements of the safety technical specification, and accept the supervision and inspection of special equipment inspection agency.

Forty-fifth lifts shall be maintained by the elevator manufacturing units or in accordance with the provisions of this law to obtain permission for the installation, renovation, repair units.

The elevator maintenance unit shall strictly implement the requirements of the safety technical code maintenance, ensure the safety performance of the maintenance of the elevator, and is responsible for the implementation of site safety protection measures, ensure the safety of construction.

Elevator maintenance unit shall be responsible for the safety performance of the elevator maintenance of the elevator, after receiving the notice of failure, should immediately rushed to the scene, and take the necessary emergency rescue measures.

Forty-sixth elevator is put into use, lift manufacturing unit shall follow and understand the safety operation of the manufacture of elevator, elevator maintenance of existing units or units used in maintenance and safe operation of the problem, put forward the improvement suggestions, and provide necessary technical assistance; found the elevator when there are serious accidents and shall timely inform the lift unit, and report to responsible for special equipment safety supervision and administration department. Elevator manufacturing units to investigate and understand the situation, should make a record.

Forty-seventh special equipment to transform, repair, in accordance with the provisions of the need to change the use of registration, should apply for registration of change, the party can continue to use.

Forty-eighth special equipment has serious accidents, no alteration, repair, or reach the required safety technical specification and other retirement conditions, the entity using special equipment shall perform the obligations of scrap, take necessary measures to eliminate the use of special equipment to the original registration function, and is responsible for special equipment safety supervision and management department for registration certificate of cancellation procedures.

Special equipment outside the provisions of the preceding paragraph retirement conditions, to achieve the design service life can continue to use, should be in accordance with the requirements of the safety technical code through inspection or safety assessment, and the change with the use of the certificate of registration, may continue to use. To continue to use, it should be taken to strengthen the inspection, testing and maintenance and other measures to ensure the safety of the use of.

Forty-ninth mobile pressure vessels, cylinder filling unit shall meet the following conditions, and permission is responsible for special equipment safety supervision and administration department, be engaged in filling activities:

(a) a management personnel and technical personnel commensurate with filling and management;

(two) suitable for filling and management of filling equipment, detection means, site building, equipment, safety facilities;

(three) a sound filling management system, responsibility system and treatment measures.

The filling unit shall establish a check and record system before and after filling, prohibit filling do not conform to the transportable pressure vessel cylinders and the requirements of the safety technical code.

Cylinder filling unit shall meet the requirements of the safety technical code to users of gas cylinders, the safe use of gas cylinders to guide gas users, and in accordance with the requirements of the safety technical code for cylinders using registration, timely reporting of periodic inspection.

Third chapter inspection and testing

Fiftieth in the provisions of this law supervision inspection, regular inspection of special equipment inspection agency, as well as special equipment production, operation and use of special equipment inspection agencies to provide testing services, shall meet the following conditions, and is responsible for special equipment safety supervision and administration department for approval, be engaged in inspection and testing work:

(1) to meet the inspection and testing work to adapt to the inspection, testing personnel;

(two) the inspection, testing equipment and equipment adapted to the inspection and testing work;

(three) a sound inspection, testing management system and responsibility system.

Fifty-first special equipment inspection, inspection agencies inspection, testing personnel should be tested, to obtain inspection, testing personnel qualifications, can engage in testing, testing.

Special equipment inspection, inspection agencies inspection, testing personnel shall not at the same time in more than two inspection and testing institutions in the practice; change the practicing institutions, should be handled according to the law change procedures.

Fifty-second special equipment inspection and testing shall comply with the provisions of laws and administrative regulations, and in accordance with the requirements of the safety technical specifications.

Special equipment inspection, inspection bodies and inspection, inspection personnel shall be in accordance with the law for the production, operation and use of special equipment to provide security, reliability, convenience, integrity of the inspection, testing services.

Fifty-third special equipment inspection, inspection bodies and inspection, testing personnel shall be objective, impartial and timely issuance of inspection, inspection reports, and the inspection, testing results and identification of the conclusion.

Special equipment inspection and testing institutions and their staff in the inspection, inspection and testing of special equipment test found that there are serious accidents, shall timely inform the relevant units, and immediately report to the responsible for special equipment safety supervision and administration department.

In charge of special equipment safety supervision and management department shall organize the inspection of special equipment, inspection agencies, inspection results and conclusions of supervision and inspection, but should prevent repeated checks. The results of supervision and inspection shall be announced to the public.

Fifty-fourth special equipment production, operation and use of special equipment to inspection unit shall, in accordance with the requirements of the safety technical code inspection agencies and the inspection and testing personnel to provide inspection and testing conditions of special equipment and the necessary information, and authenticity of data for.

Fifty-fifth special equipment inspection, inspection bodies and inspection, inspection personnel on the test, the process of detection of business secrets, confidentiality obligations.

Special equipment inspection and testing institutions and their personnel shall not engage in the inspection and testing of special equipment production and business activities, shall not recommend or supervise the production and sale of special equipment.

Fifty-sixth special equipment inspection agencies and the inspection personnel inspection work by deliberately making things difficult for the special equipment production, operation and use of units, special equipment production, operation and use of units have the right to complain to the responsible for special equipment safety supervision and administration department, the complaints department shall promptly investigate and deal with.

The fourth chapter supervision and management

Fifty-seventh departments in charge of the safety supervision and management of special equipment in accordance with the provisions of this law, the production of special equipment, operation, use of units and inspection, inspection agencies to implement supervision and inspection.

Responsible for special equipment safety supervision and administration department shall be the special equipment for schools, kindergartens, hospitals, railway stations, ferry terminals, shopping malls, stadiums, exhibition halls, parks and other public places, focus on the implementation of safety supervision and inspection.

The fifty-eighth department is responsible for special equipment safety supervision and administration of the implementation of the provisions of this Law shall review the work permit, in accordance with the conditions and procedures and safety technical specification of the provisions of this Law and other relevant laws and administrative regulations requirements; not in conformity with the provisions, shall not permit.

Fifty-ninth responsible for special equipment safety supervision and administration department in the process of the provisions of this Law permit, the acceptance, examination and approval procedures must be disclosed, and shall, within thirty days from the date of receiving the application, make a decision of approval or disapproval; no license, it shall make a written explanation to the applicant.

The sixtieth department is responsible for special equipment safety supervision and administration in accordance with the law for the use of special equipment registration shall establish a supervision and management of archives information query system to complete; special equipment reach retirement conditions, should be timely supervision entity using special equipment shall perform the obligation of scrap.

Sixty-first departments in charge of safety supervision and management of special equipment in accordance with the law to perform their duties of supervision and inspection, you can exercise the following functions and powers:

(a) into the field to carry out inspection, to the production of special equipment, business, the use of units and inspection, testing organizations, the main person in charge and other relevant personnel to investigate and understand the situation;

(two) according to the report or the alleged illegal evidence, consult and copy the special equipment production, operation, use and inspection and testing institutions of the relevant contracts, invoices, account books and other relevant materials;

(three) to have evidence that does not meet the requirements of safety technical specifications or the existence of a serious accident hidden danger of special equipment to implement the seizure, seizure;

(four) to meet the requirements of the market to scrap the conditions or have abandoned the implementation of special equipment seizure, seizure;

(five) to make administrative punishment decisions in violation of the provisions of this law

Sixty-second responsible for special equipment safety supervision and administration departments in accordance with the law to perform their duties in the process, found in violation of the provisions of this Law and the requirements of the safety technical code or special equipment accidents, safety supervision of special equipment shall be issued instructions in written form, ordered relevant units to take timely measures to correct or eliminate hidden dangers of accidents. The emergency requirements of the relevant units to take emergency measures, it shall then issue special equipment safety supervision instructions.

Sixty-third responsible for special equipment safety supervision and administration departments in accordance with the law to perform their duties in the process, found that major violations of law or special equipment has serious accidents, the relevant units should be ordered to immediately stop the illegal act, to take measures to eliminate hidden dangers of accidents, the report is responsible for special equipment safety supervision and administration department to the superior and. The Department that receives the report to be in charge of the special equipment safety supervision and administration shall take necessary measures to deal with it in a timely manner.

The serious accident of illegal behavior, risk treatment needs of the local people's government and the relevant departments of the support and cooperation, responsible for special equipment safety supervision and administration department shall report to the local people's government, and notify other relevant departments. The local people's government and other relevant departments shall take necessary measures to deal with them in a timely manner.

Responsible for special equipment safety supervision and administration of sixty-fourth departments of local people's governments at all levels shall not be required to have according to the provisions of this Law in other parts of the licensed production license of special equipment unit, shall not be required to have according to the provisions of this Law in other places qualified special equipment inspection repeated inspection.

The sixty-fifth department is responsible for the safety supervision and management of special equipment safety supervision personnel shall be familiar with the relevant laws and regulations, have corresponding professional knowledge and work experience, has the special equipment safety administrative law enforcement certificates.

The safety supervision personnel shall be devoted to their duties, enforce the law, adhere to the principle of.

In charge of special equipment safety supervision and management departments to implement safety supervision and inspection, there should be more than two special equipment safety supervision personnel to participate, and produce effective special equipment safety administrative law enforcement documents.

The sixty-sixth department is responsible for the safety supervision and management of special equipment supervision and inspection of special equipment production, operation, use and inspection and testing institutions shall be problems and deal with the situation of each supervision and inspection of the contents, make records, and by participating in the supervision and inspection of special equipment safety supervision personnel and inspection unit responsible signed file. The relevant person in charge of the unit being inspected refuses to sign, the special equipment safety supervision personnel shall record the situation.

The sixty-seventh department is responsible for the safety supervision and management of special equipment and personnel shall not recommend or supervise the production and sale of special equipment; to know the process of performing their duties of commercial secret confidentiality.

Article sixty-eighth the State Council is responsible for special equipment safety supervision and administration departments and provinces, autonomous regions and municipalities directly under the Central People's Government shall be responsible for special equipment safety supervision and administration department shall regularly publicize the general situation of special equipment safety. The fifth chapter accident emergency rescue and investigation processing

Article sixty-ninth the State Council is responsible for special equipment safety supervision and administration department shall organize the formulation of special equipment accident emergency plan, emergency plan system into the national emergency after the approval of the state council.

The local people's governments at or above the county level and is responsible for special equipment safety supervision and management departments shall formulate emergency plan for special equipment accidents within the administrative region, establish or incorporated into the emergency response and rescue system corresponding.

Special equipment use units shall formulate special equipment accident emergency special plan, and regular emergency drills.

Seventieth special equipment after the accident, the accident unit shall take measures to organize the rescue according to the emergency plan, prevent the accident, reduce casualties and property losses, protect the scene of the accident and relevant evidence, and promptly to the accident at or above the county level people's government is responsible for the report of special equipment safety supervision and administration departments and relevant departments.



The people's governments at or above the county level shall be responsible for the safety supervision and administration of special equipment, and shall, as soon as possible, verify the situation and report to the people's government at the corresponding level, and report to the local people's government at the same level. When necessary, responsible for special equipment safety supervision and administration department can leapfrog report the accident. For special major accidents, major accidents, the State Council in charge of special equipment safety supervision and management department shall immediately report to the State Council and the State Council, the State Council, the safety supervision and management departments and other relevant departments.

Units and personnel associated with the accident shall not delay, false or concealed the accident, and shall not conceal, destroy evidence or deliberate destruction of the scene of the accident.

Seventy-first accidents occurred in the people's government received a report of the accident, should start the emergency plan according to law, to take emergency measures to deal with the organization, the organization of emergency rescue.

Seventy-second special equipment special major accidents, by the State Council or the relevant departments of the State Council authorized the investigation team to investigate the accident.

A major accident occurred, by the State Council in charge of special equipment safety supervision and management department in conjunction with the relevant departments to organize the accident investigation team to investigate.

A larger accident occurred, the people's Government of the province, autonomous region and municipality directly under the central government shall be responsible for the supervision and administration of special equipment safety in conjunction with the relevant departments to organize the accident investigation team to carry out investigation.

General accident occurred, the Municipal People's Government of the district is responsible for special equipment safety supervision and management department in conjunction with the relevant departments to organize accident investigation team to investigate.

Accident investigation team should be according to law, independent and impartial investigation, the accident investigation report.

Seventy-third departments shall report the accident investigation report to the people's government at the corresponding level, and shall be reported to the people's government at the level of the people's Government in charge of special equipment safety supervision and management departments for the record. Relevant departments and units shall, in accordance with the provisions of laws and administrative regulations, shall be held responsible for the accident liability units and personnel.

Accident liability units shall implement the rectification measures in accordance with the law to prevent similar accidents. In the accident, the responsible entity shall bear the liability for compensation according to law. [2]

The sixth chapter legal liability

Seventy-fourth in violation of this law, without permission to engage in special equipment production activities, shall be ordered to stop the production, confiscate the illegal manufacture of special equipment, more than one hundred thousand yuan at five hundred thousand yuan fine; the illegal gains, confiscate the illegal income; has been implemented for installation, renovation, repair, and ordered restitution or ordered a re installation, by the licensed unit renovation, repair.

Seventy-fifth in violation of the provisions of this law, the design of special equipment without identification, unauthorized use of the manufacturing, and ordered to correct, confiscation of illegal manufacture of special equipment, more than five hundred thousand yuan fifty thousand yuan fine.

Seventy-sixth in violation of the provisions of this law, without the type test, shall be ordered to correct the deadline; overdue correction, more than three hundred thousand yuan thirty thousand yuan fine.

Seventy-seventh in violation of this law, special equipment factory, not in accordance with the requirements of the safety technical code with relevant technical data and documents, shall be ordered to make corrections within a time limit; if it fails to do so, shall be ordered to stop production and sales, from twenty thousand yuan to two hundred thousand yuan fine; the illegal gains, confiscate the illegal income.

Seventy-eighth in violation of this law, the construction unit installation, renovation and repair of special equipment in the construction before the written notification is responsible for special equipment safety supervision and administration department shall be construction, or in the acceptance within thirty days after the transfer of technical information and documents without special equipment units, ordered deadline for correction; overdue correction the ten thousand yuan fine of one hundred thousand yuan.

Seventy-ninth in violation of this law, special equipment manufacturing, installation, renovation, major repairs and boiler cleaning process, without supervision and inspection, and ordered deadline for correction; overdue correction, more than fifty thousand yuan at two hundred thousand yuan fine; the illegal gains, confiscate the illegal income; if the circumstances are serious, revoke the production license.

Eightieth in violation of the provisions of this law, the elevator manufacturing units in one of the following circumstances, shall be ordered to correct; overdue correction, more than one hundred thousand yuan ten thousand yuan fine:

Failing to check and debug the elevator in accordance with the requirements of the safety technical specification;

(two) tracking investigation and Study on the safe operation of the elevator, found serious accidents, did not promptly inform the lift unit and report to responsible for special equipment safety supervision and administration department.

Eighty-first in violation of this law, the unit production of special equipment in one of the following acts, shall be ordered to make corrections within a time limit; if it fails to do so, it shall be ordered to stop production, from fifty thousand yuan to five hundred thousand yuan fine; if the circumstances are serious, revoke the production license:

(a) no longer have the production conditions, production licenses have expired or exceeded the scope of production;

(two) knowing that there is a defect in the same nature of the special equipment, no immediate cessation of production and recall.

In violation of the provisions of this law, the unit production of special equipment production, sales, delivery of special equipment obsolete, shall be ordered to stop production and sales, confiscate the illegal production and sale of special equipment, delivery, more than thirty thousand yuan at three hundred thousand yuan fine; the illegal gains, confiscate the illegal income.

Special equipment production units altered, reselling, leasing or lending the production license, it shall be ordered to stop production, from fifty thousand yuan to five hundred thousand yuan fine; if the circumstances are serious, revoke the production license.

Eighty-second in violation of this law, business units of special equipment in one of the following acts, shall be ordered to stop operation, confiscate the illegal operation of special equipment, more than thirty thousand yuan at three hundred thousand yuan fine; the illegal gains, confiscate the illegal income:

(a) of the special equipment that has not been licensed for production and has not been inspected or tested;

(two) special equipment sales, rental of obsolete scrap, or without special equipment maintenance in accordance with the requirements of the safety technical code.

In violation of the provisions of this law, special equipment sales and sales units did not establish inspection record system, or imported special equipment fails to fulfill the obligation of informing in advance, shall be ordered to correct, at more than ten thousand yuan to one hundred thousand yuan fine.

Special equipment sales, delivery without inspection or inspection of substandard equipment, in accordance with the provisions of the first paragraph of this article; if the circumstances are serious, the production license shall be revoked.

Eighty-third in violation of this law, the entity using special equipment in one of the following acts, shall be ordered to make corrections within a time limit; if it fails to do so, shall be ordered to stop the use of special equipment, more than ten thousand yuan at one hundred thousand yuan fine:

(a) the use of special equipment is not in accordance with the provisions for the use of registration;

(two) does not establish the special equipment safety technical files or the safety technical file does not conform to the regulations, or does not legally set to use the registration mark, the periodical inspection mark;

(three) for the use of special equipment for regular maintenance and regular self inspection, or safety accessories, safety protection device without special equipment for the use of the regular check and maintenance, and make a record;

(four) failing to report and accept the inspection in time in accordance with the requirements of the safety technical specification;

(five) the boiler water (dielectric) treatment is not in accordance with the requirements of the safety technical specification;

(six) no special equipment accident emergency response plan.

Eighty-fourth in violation of the provisions of this law, the use of special equipment units have one of the following acts, shall be ordered to stop the use of the special equipment, more than three hundred thousand yuan thirty thousand yuan fine:

(a) use without a license production, without special equipment inspection or inspection unqualified, or obsolete scrap of special equipment;

(two) special equipment failure or abnormal situation, not to carry out a comprehensive inspection, eliminate the hidden dangers of accidents, continue to use the;

(three) special equipment has serious accidents, no renovation, repair or scrap value, reach the other conditions prescribed safety specifications, fails to perform the obligations for the use of scrap, and the certificate of registration of the cancellation procedures.

Eighty-fifth in violation of this law, transportable pressure vessel, cylinder filling unit of one of the following acts, it shall be ordered to make corrections, from twenty thousand yuan to two hundred thousand yuan fine; if the circumstances are serious, shall revoke the license for filling:

(a) did not implement the inspection before and after filling and record system in accordance with the provisions of the;

(two) do not conform to the transportable pressure vessel and vessel safety technical specifications for filling.

In violation of the provisions of this law, without permission, shall be allowed to engage in mobile pressure vessels or cylinder filling activities, banned, confiscated illegal filling cylinders, from one hundred thousand yuan to five hundred thousand yuan fine; the illegal gains, confiscate the illegal income.

Eighty-sixth in violation of this law, special equipment production and business units, using one of the following circumstances, - - ordered deadline for correction; overdue correction, and ordered to stop using the relevant special equipment or suspend business for rectification, at more than ten thousand yuan to fifty thousand yuan fine:

(a) the safety management personnel, testing personnel and operation personnel of special equipment not equipped with corresponding qualifications;

(two) the use of personnel who have not obtained the appropriate qualifications to engage in safety management, testing and operation of special equipment;

(three) safety education and skills training for special equipment safety management personnel, testing personnel and operators.

Eighty-seventh in violation of this law, lift, passenger ropeway, large recreation facilities operating units using one of the following circumstances, ordered deadline for correction; overdue correction shall be ordered to stop the use of special equipment, or stop business for rectification, at more than twenty thousand yuan to one hundred thousand yuan fine:

(a) no special equipment safety management organization or a full-time special equipment safety management personnel;

(two) before the daily operation of the passenger transport cable and large recreational facilities, the test run and routine safety inspection are not carried out, and the safety accessories and safety protection devices are not checked and confirmed;

(three) the safety instructions, safety precautions and warning signs of the elevator, passenger lifts, large recreational facilities are not in place to be easy for the passengers to pay attention to.

Eighty-eighth in violation of the provisions of this law, without permission, engaged in elevator maintenance, shall be ordered to stop the illegal behavior, more than one hundred thousand yuan ten thousand yuan fine; illegal income, confiscation of illegal income.

Elevator maintenance unit is not in accordance with the provisions of this Law and the requirements of safety technical specifications, carry out elevator maintenance, in accordance with the provisions of the preceding paragraph.

Eighty-ninth special equipment accidents, one of the following circumstances, the unit at more than fifty thousand yuan to two hundred thousand yuan fine; the person in charge of more than ten thousand yuan at fifty thousand yuan fine; the main person in charge of the state personnel, and shall be punished according to law:

(a) the special equipment accident, immediately organized rescue or AWOL during the accident investigation process or abscond;

(two) the special equipment accident late, false or concealed.

Article ninetieth an accident shall be imposed on the responsible unit in accordance with the following provisions, unless it is required to bear the corresponding liability for compensation in accordance with the law:

(a) a general accident occurred, a fine of two hundred thousand yuan or more than one hundred thousand yuan;

(two) a major accident occurred, more than five hundred thousand yuan fine of two hundred thousand yuan;

(three) a major accident occurred, more than two million yuan fine of five hundred thousand yuan.

Ninety-first responsible for the accident of the unit is mainly responsible for failing to perform their duties or leadership responsibility, in accordance with the following provisions shall be fined; belong to the national staff, and be punished according to the law:

(a) a general accident occurred, a fine of thirty percent of annual income;

(two) a major accident occurred, a fine of forty percent annual income;

(three) a major accident occurred, a fine of sixty percent of annual income.

Ninety-second in violation of this law, security personnel, management of special equipment inspection personnel and operation personnel do not perform their duties, in violation of the rules and the relevant safety regulations, the cause of the accident, revoke the relevant qualification of personnel.

Ninety-third in violation of this law, special equipment inspection, inspection agencies and the inspection and testing personnel in any of the following circumstances, it shall be ordered to make corrections, fifty thousand yuan more than two hundred thousand yuan fine of institutions, the directly responsible person in charge and other directly responsible personnel at more than five thousand yuan to fifty thousand yuan fine; if the circumstances are serious, revocation authority the relevant qualification and qualification of personnel:

(a) without approval or exceeding the scope of approval, the person who has not obtained the appropriate qualifications for inspection and testing;

(two) testing and testing of the requirements of the safety technical specification;

(three) issued a false inspection, the inspection results and the appraisal conclusion or inspection, the inspection results and the appraisal conclusion of serious misrepresentation;

(four) it is found that there are serious hidden dangers in the special equipment, and the relevant units are not promptly informed, and immediately report to the Department in charge of the safety supervision and management of special equipment;

(five) the trade secrets that are known in the process of the disclosure of inspection and testing;

(six) engaged in the production and operation activities of the special equipment;

(seven) recommend or supervise the production and sale of special equipment;

(eight) the inspection work related units deliberately.

In violation of the provisions of this law, special equipment inspection and testing agencies inspection personnel at the same time in more than two inspection and testing institutions to practice, from five thousand yuan to fifty thousand yuan fine; if the circumstances are serious, revoke its qualification.

Ninety-fourth in violation of this law, is responsible for special equipment safety supervision and administration departments and their staff have one of the following acts, rectification shall be ordered by superior authorities; the directly responsible personnel in charge and other directly responsible personnel shall be punished according to law:

(a) under the conditions prescribed by laws and administrative rules and regulations, and in the implementation of the procedures;

(two) it is found that the production, use, inspection and testing activities of special equipment without authorization shall be banned or not dealt with according to law;

(three) it is found that the production units of special equipment no longer have the conditions provided for in this Law and shall not revoke their licenses, or find that special equipment for production, operation and use of illegal acts shall not be punished;

(four) found not to revoke its approval of special equipment inspection and testing institutions no longer meet the conditions specified in this law, the investigation or inspection, issued false test results and conclusion of identification or inspection, the inspection results and the appraisal conclusion serious misrepresentation behavior fails;

(five) it is found that there is an accident hidden danger of the special equipment in violation of the provisions of this Law and the requirements of the safety technical specification;

(six) found that major violations of law or special equipment has serious accidents, not timely report to the superior responsible for special equipment safety supervision and administration department, or responsible for receiving the report of the special equipment safety supervision and management department is not handled immediately;

(seven) requirements have been in accordance with the provisions in other places license of special equipment production license or repeat units, according to the provisions of this law have requirements for special equipment in other places qualified test repeated test;

(eight) recommend or supervise the production and sale of special equipment;

(nine) the business secrets that are known in the process of the disclosure of the performance of duties;

(ten) the report on the accident of the special equipment was not immediately reported to the people's government at the corresponding level, and reported to the people's government at the corresponding level;

(eleven) late, omissions, false or concealed the accident;

(twelve) the handling of accident rescue or accident investigation;

(thirteen) other breach of privilege and dereliction of duty behavior.

Ninety-fifth in violation of this law, supervision and inspection of special equipment production, operation and use of units or the inspection and testing institution refuses to accept responsibility for the special equipment safety supervision and administration department in accordance with the law, and ordered deadline for correction; overdue correction, ordered to suspend business for rectification, at more than twenty thousand yuan to two hundred thousand yuan fine.

Special equipment production, operation and use of unauthorized use, exchange, transfer, destruction of special equipment has been seized or detained or its major components, shall be ordered to correct, at more than fifty thousand yuan to two hundred thousand yuan fine; if the circumstances are serious, the revocation of the production license, cancel the use of special equipment registration certificate.

Ninety-sixth in violation of the provisions of this law, the license shall be revoked according to law, from the date of revocation of the license within three years, the Department in charge of special equipment safety supervision and management department shall not accept its new license application.

Ninety-seventh in violation of the provisions of this law, resulting in personal, property damage, shall bear civil liability in accordance with the law.

In violation of the provisions of this law, it shall bear civil liability for compensation and pay a fine, fine, the property is not sufficient to pay at the same time, the first to bear the liability for civil liability.

Ninety-eighth in violation of the provisions of this law, constitute a violation of public security management act, the law to give security management punishment; constitute a crime, shall be investigated for criminal responsibility. [2]

The seventh chapter annex

Ninety-ninth special equipment administrative licensing, inspection fees, in accordance with the provisions of laws and administrative regulations.


This Law shall not apply to the supervision and administration of the safety of the special equipment used by military equipment, nuclear facilities and aviation spacecraft in 100th military equipment.

The supervision and management of the use of special equipment for railway locomotive and marine facilities and ships, mines and equipment of civil airport security, housing construction, municipal engineering construction site crane field (plant) and the supervision and management of the installation and use of the special motor vehicle, implemented by the relevant departments in accordance with the provisions of this Law and other relevant laws the.

Article 101st this Law shall come into force as of January 1, 2014.