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

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

January 24, 2009

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

Chapter I General Provisions

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

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

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

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

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

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

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

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

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

Chapter II Production of Special Equipment

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

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

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

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

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

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

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

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

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

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

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

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

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

Chapter III Use of Special Equipments

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

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

Article 25 Before the special equipments is put into use or within 30 days after it is put into use, the entity using the special equipments shall make registration with the department of special equipments safety supervision and administration of the municipality directly under the Central Government or the city divided into districts. The registration mark shall be placed or attached at an obvious position on such special equipments.

Article 26 An entity using special equipments shall establish the safety technical archives of special equipments, which shall include the following contents:
1. Design documents, manufacturing entity, product quality certificate, instructions for use and maintenance, etc. of the special equipments, as well as the installation technical documents and materials;
2. Records of the regular inspection and regular self-inspection of the special equipments;
3. Records of the daily use of the special equipments;
4. Records of the daily maintenance of the special equipments, and of its safety attachments, safety protection settings, measurement and adjustment settings, as well as the relevant accessory instruments and meters;
5. Records of operation failures and accidents of the special equipments; and
6. Energy efficiency test report, records of energy consumption status and technical materials of energy-saving reform of the special equipments with high consumption of energy.

Article 27 An entity using special equipments shall conduct daily maintenance of the special equipments in use, and shall regularly inspect the equipment by itself.
The entity using special equipments shall make an inspection on the special equipments used by itself at least once a month, and shall keep the records of the inspection. The using entity using shall treat, in a timely manner, the abnormal situations found out in the self-inspection and the daily maintenance of the special equipments in use.
The entity using special equipments shall regularly check, adjust, examine and repair the safety attachments, safety protection settings, measurement and control settings, as well as the relevant accessory instruments and meters, of the special equipments in use, and shall make the relevant records.
The entity using boilers shall carry out boiler water (medium) quality treatment in accordance with the requirements of the safety technical code and subject itself to regular inspections of water (medium) quality treatment implemented by the inspection and testing institution.
The entity engaged in boiler cleaning shall clean boilers in accordance with the requirements of the safety technical code and subject itself to monitoring and inspection during the boiler cleaning process implemented by the inspection and testing institution.

Article 28 An entity using special equipments shall, in accordance with the requirements of the safety technical code on regular inspection, file the request for regular inspection with the inspection and testing institution 1 month prior to the expiry of the period of validity of the safety inspection.
The inspection and testing institution shall, after receiving the request for regular inspection, make the inspection and energy efficiency test in a timely manner pursuant to the requirements of the safety technical code.
The special equipments that hasn't gone through the regular inspection or that has failed the inspection may not be used any longer.

Article 29 If any special equipments fails in operation or is involved in any abnormal situation, the using entity shall make an all-around inspection on it, and such equipment may be put into use again only after the hidden risk of accident has been removed.
If any special equipments does not meet the energy efficiency indexes, the using entity shall take corresponding measures to conduct rectification.

Article 30 Where any special equipments is involved in a serious hidden risk of accident, has no value for reform or maintenance, or exceeds the time limit for use as provided for by the safety technical code, the entity using the special equipments shall discard it in a timely manner, and shall cancel the registration with the department of special equipments safety supervision and administration that registered such equipment.

Article 31 The daily maintenance of elevators must be carried out by the entities licensed to install, reform or maintain elevators according to these Regulations, or by the entities manufacturing elevators.
For elevators, cleaning, lubricating, adjusting and inspection shall be carried out at least once every 15 days.

Article 32 An entity undertaking daily maintenance of elevators shall strictly comply with the requirements of the safety technical code of the state, guarantee the safety technical performance of the elevators under its maintenance, and shall see to implementing the safety protection measures on the work site and guarantee the work safety.
An entity undertaking daily maintenance of elevators shall be responsible for the safety performance of the elevators under its maintenance. It shall immediately go to the site upon receipt of any failure notification, and shall take necessary emergent measures.

Article 33 Entities operating and using such special equipments as elevators, passenger cableways and large entertainment facilities that provide services to the public shall set up the agency of special equipments safety administration or be equipped with full-time safety administration personnel; entities using other special equipments shall set up the agency of special equipments safety administration or be equipped with full-time or part-time safety administration personnel according to the circumstances.
The safety administration personnel of special equipments shall make frequent inspections of the use of special equipments, and shall handle the problems immediately after finding them out; in case of emergency, they may decide to stop the use of the special equipments and report to the relevant principal of the entity.

Article 34 Entities operating and using passenger cableways and large entertainment facilities shall, before the passenger cableways and large entertainment facilities are put into use each day, make trial operation and routine safety inspection, and check and confirm the safety settings.
Entities operating and using elevators, passenger cableways and large entertainment facilities shall place the safety instructions and warning marks of such special equipments in prominent positions that can be easily noticed by the passengers.

Article 35 The major principals of the entities operating and using passenger cableways and large entertainment facilities shall be familiar with the relevant safety knowledge of the said equipment, and shall assume full responsibilities for the safe use of such equipment.
The major principals of the entities operating and using passenger cableways and large entertainment facilities shall hold a meeting at least once a month to supervise, urge and inspect the work on safe use of the said equipment.
Entities operating and using passenger cableways and large entertainment facilities shall, in light of the actual situations of their respective entities, prepare rescue equipment and first aid articles in corresponding quantities.

Article 36 The passengers of elevators, passenger cableways and large entertainment facilities shall observe the requirements of safe use attentions, and obey the directions of the relevant staff members.

Article 37 After an elevator is put into use, the entity manufacturing the elevator shall follow up and investigate the safe operation of the elevator it manufactured, and shall present suggestions on improvement and provide necessary technical assistance to, in terms of safe operation, the entity undertaking daily maintenance of the elevator or the entity using the elevator. Any serious hidden risk of accident shall be, once found out, reported to the department of special equipments safety supervision and administration in a timely manner. The elevator manufacturing entity shall keep records of the information it obtains through the follow-up and investigation.

Article 38 The operation personnel and the relevant management personnel of boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities and in-plant (in-factory) special motor vehicles (hereinafter referred to as special equipments operation personnel) shall, pursuant to the relevant provisions of the state, pass the assessment by the department of special equipments safety supervision and administration and obtain the certificate of special operation personnel in the state unified format before they may undertake the corresponding operations or management.

Article 39 An entity using special equipments shall give education and training on special equipments safety and energy saving to the special equipments operation personnel, and guarantee that the special equipments operation personnel have the necessary knowledge on safe operations and energy saving of special equipments.
Special equipment operation personnel shall, in their operations, strictly implement the operation rules for special equipments and the relevant safety rules and systems.

Article 40 Where the special equipments operation personnel find any hidden risk of accident or other unsafe factors in the operations, they shall immediately report to the safety management personnel on the site and the relevant principals of the entity.

Chapter IV Inspection and Testing

Article 41 The inspection and testing institutions undertaking the supervision and inspection, regular inspection, and model experiment as well as the inspection and testing institutions providing nondestructive test services for the production, use, inspection and test of special equipments as provided for in these Regulations shall be subject to the approval of the department of special equipments safety supervision and administration under the State Council.
The special equipments inspection and testing institutions set up by the entities using special equipments shall, upon the approval of the department of special equipments safety supervision and administration under the State Council, be responsible for the regular inspection and model experiment of special equipments within the approved scopes of their respective entities.

Article 42 A special equipments inspection and testing institution shall meet the following conditions:
1. Having the inspection and testing personnel fit for the inspection and testing work it undertakes;
2. Having the inspection and testing instrument and equipment fit for the inspection and testing work it undertakes; and
3. Having sound inspection and testing management system and responsibility system.

Article 43 The supervision and inspection, regular inspection, model experiment and nondestructive test of special equipments shall be carried out by the institutions of special equipments inspection and testing approved in accordance with these Regulations.
The work of special equipments inspection and testing shall meet the requirements of the safety technical code.

Article 44 The special equipments inspection and testing personnel undertaking the supervision and inspection, regular inspection, model experiment and nondestructive test as provided for in these Regulations shall pass the assessment organized by the department of special equipments safety supervision and administration under the State Council and obtain the certificate of inspection and testing personnel before they may undertake the inspection and testing work.
To undertake the inspection and testing work, the inspection and testing personnel must practice in a special equipments inspection and testing institution, but may not practice in two or more inspection and testing institutions simultaneously.

Article 45 Special equipment inspection and testing institutions and personnel shall stick to the principles of good faith and of convenience for the enterprises in the inspection and testing of special equipments, and shall provide reliable and convenient inspection and testing services for the entities producing and using special equipments.
Special equipment inspection and testing institutions and personnel are obliged to keep confidential the trade secrets of the involved entities under inspection and testing.

Article 46 Special equipment inspection and testing institutions and personnel shall produce the inspection and testing results and appraisal conclusions in an objective, fair and timely manner. The inspection and testing results and appraisal conclusions shall, upon the signature of the inspection and testing personnel, be signed by the principal of the inspection and testing institution.
Special equipment inspection and testing institutions and personnel shall bear the responsibility for the inspection and testing results and appraisal conclusions.
The department of special equipments safety supervision and administration under the State Council shall organize supervision and selective examinations of the inspection and testing results and appraisal conclusions produced by special equipments inspection and testing institutions. The local departments of special equipments safety supervision and administration at and above the county level may also organize supervision and selective examinations within their respective administrative areas, however, repeated examination shall be prevented. The results of the supervision and selective examinations shall be announced to the public.

Article 47 Special equipment inspection and testing institutions and personnel may not engage in the production and sale of special equipments, or recommend, or supervise the manufacturing or sale of special equipments in their own names.

Article 48 Special equipment inspection and testing institutions shall, when finding out any serious hidden risk of accident or the energy consumption severely exceeding the standard in the inspection and testing of special equipments, inform the entities using the special equipments in a timely manner, and shall immediately report to the department of special equipments safety supervision and administration.

Article 49 If any special equipments inspection and testing institutions and personnel, by taking advantage of the inspection and testing work, willfully create difficulties for the entities producing and using the special equipments, the said entities are entitled to file complaints with the departments of special equipments safety supervision and administration, and the departments of special equipments safety supervision and administration that have received the complaints shall conduct timely investigation and settlement.

Chapter V Supervision and Inspection

Article 50 The departments of special equipments safety supervision and administration shall, pursuant to these Regulations, carry out safety supervision over the entities producing and using special equipments and over the inspection and testing institutions.
The departments of special equipments safety supervision and administration shall carry out stressed safety supervision over the special equipments at schools, kindergartens, as well as at the public gathering places such as stations, passenger transportation docks, shopping malls, stadiums, exhibition halls and parks, etc.

Article 51 The departments of special equipments safety supervision and administration may, according to the information or the acquired evidence for suspicion of illegality, exercise the following functions and powers in investigation and punishment of the acts suspected of violating these Regulations:
1. Investigating and learning the information relating to the production, use, inspection and testing suspected of violating these Regulation with the legal representatives, major principals and other relevant personnel of the entities producing and using special equipments and the inspection and testing institutions;
2. Consulting and duplicating the relevant contracts, invoices, account books and other relevant materials of the entities producing and using special equipments and the inspection and testing institutions; and
3. Sealing up or detaining the special equipments or the major parts thereof that fail to meet the requirements of the safety technical code or that have other serious hidden risks of accident as proved by evidence.

Article 52 The departments of special equipments safety supervision and administration that grant license, approval and registration pursuant to these Regulations shall examine the relevant matters strictly in accordance with the conditions provided for in these Regulations and the requirements of the safety technical code; and may not license, approve or register those failing to meet the aforesaid conditions and requirements; if the departments of special equipments safety supervision and administration find an applicant engaging in corresponding activities without approval or counterfeit license or approval certificates during the application for license and approval, they shall not accept the application or grant the license or approval, and shall not accept the said applicants' another application for license or approval within a year.
If any entity which hasn't been licensed, approved or registered pursuant to law undertakes production, use or inspection and testing of special equipments, the department of special equipments safety supervision and administration shall deal with it according to law.
If any license is revoked due to the entity's violation of these Regulations, the department of special equipments safety supervision and administration shall not accept its new application for license within 3 years of the revocation.

Article 53 When handling the relevant administrative examination and approval as provided for in these Regulations, the departments of special equipments safety supervision and administration must make open the procedures for acceptance, examination, license and approval, and shall make the decision on whether or not to grant the license or approval within 30 days from the day when they accept the application; and shall explain the reasons to the applicants in written form in case the application for license or approval is rejected.

Article 54 Local departments of special equipments safety supervision and administration at all levels shall not institute local protectionism or regional blockades in any way, nor grant repeated licensing to entities producing special equipments which have already been licensed in other localities according to the provisions of these Regulations, nor exercise repeated inspection and testing on special equipments which has already passed inspection and testing in other localities according to the provisions of these Regulations.

Article 55 Safety supervisors from any department of special equipments safety supervision and administration (hereinafter referred to as special equipments safety administrators ) shall be well acquainted with the relevant laws, regulations, rules and the safety technical codes, have corresponding professional knowledge and work experience, and acquire certificates for special equipments safety supervisors upon examination by the department of special equipments safety supervision and administration under the State Council.
Special equipment safety supervisors shall be devoted to their duties, adhere to principles and enforce the law impartially.

Article 56 When exercising safety supervision over entities producing or using special equipments or over inspection and testing institutions, any department of special equipments safety supervision and administration shall, for that purpose, assign at least two special equipments safety supervisors, who shall present valid certificates for special equipments safety administrators.

Article 57 When exercising safety supervision over entities producing or using special equipments or over inspection and testing institutions, any department of special equipments supervision and administration shall keep records of the supervised items, problems discovered and solutions therefor and place such records on file after both the special equipments safety supervisors who participate in the safety supervision and the responsible persons of the inspected units have signed their names. If the relevant principals of the inspected units reject to sign their names, the special equipments safety supervisors shall make a record of the matter.

Article 58 When exercising safety supervision over an entity producing or using special equipments or over an inspection and testing institution and finding any violation of these Regulations and the safety technical code or of any hidden danger or non-compliance with the energy efficiency indexes with respect to the special equipments in service, any department of special equipments safety supervision and administration shall issue a written instruction on safety supervision of special equipments, ordering the entity concerned to take prompt measures to make corrections or eliminate the hidden dangers. Where immediate measures are taken in emergency cases, a written notification shall be issued afterwards.

Article 59 When exercising safety supervision over an entity producing or using special equipments or over an inspection and testing institution and finding any grave law-breaking act or serious hidden danger, any department of special equipments safety supervision and administration shall, at the same time of taking necessary measures, make a prompt report to the department of special equipments safety supervision and administration at higher levels. The department of special equipments safety supervision and administration receiving the report shall take necessary measures to handle the matter in time.
If the support and co-ordination from the local people's government and the relevant departments are needed to handle the law-breaking acts, serious hidden dangers or unconformities to energy indexes, the departments of special equipments safety supervision and administration shall report to the local people's governments and notify other relevant departments. The local people's governments and other relevant departments shall take necessary measures to handle the matter in time.

Article 60 The department of special equipments safety supervision and administration under the State Council and the departments of special equipments safety supervision and administration in all provinces, autonomous regions and municipalities directly under the Central Government shall announce the safety energy efficiency status of the special equipments to the public on a regular basis.
The announcement of the safety and energy efficiency status of the special equipments shall include the following contents:
1. Quality and safety status of special equipments;
2. Information, characteristics and reasons of, and preventive measures against, the accidents of the special equipments;
3. Energy efficiency status of special equipments; and
4. Other information that needs to be announced.

Chapter VI Prevention, Investigation and Treatment of Accidents

Article 61 Any of the following circumstances shall be deemed as an extremely serious accident:
1. There are more than 30 persons dead, or more than 100 persons seriously injured (including industrial acute poisoning, hereinafter the same) or more than CNY100,000,000 of direct economic losses caused by special equipments accident;
2. Explosion of a boiler of 600MW or above;
3. Leak of toxic medium from pressure vessels or pressure pipelines, resulting in transfer of 150,000 people or more; or
4. 100 or more people are stranded in high altitude for 48 or more hours in passenger cableways and large entertainment facilities.

Article 62 Any of the following circumstances shall be deemed as a serious accident:
1. There are 10 to 30 persons dead, or 50 to 100 persons seriously injured, or CNY50 million to CNY100 million of direct economic losses caused by special equipments accident;
2. Interruption of operation of a boiler of 600MW or above for 240 or more hours due to safety failure;
3. Leak of toxic medium from pressure vessels or pressure pipelines, resulting in transfer of 50,000 to 150,000 people; or
4.100 or more people are stranded in high altitude for 24 to 48 hours in passenger cableways and large entertainment facilities.

Article 63 Any of the following circumstances shall be deemed as a less serious accident:
1. There are 3 to10 persons dead, or 10 to 50 persons seriously injured, or CNY10 million to CNY50 million of direct economic losses caused by special equipments accident;
2. Explosion of a boiler, pressure vessel or pressure pipeline;
3. Leak of toxic medium from pressure vessels or pressure pipelines, resulting in transfer of 10,000 to 50,000 people; or
4. Overall overturning of cranes; or
5. People are stranded in high altitude for 12 or more hours in passenger cableways and large entertainment facilities.

Article 64 Any of the following circumstances shall be deemed as a common accident:
1. There are less than 3 persons dead, or less than 10 persons seriously injured, or less than CNY10,000 but equal to or more than CNY10 million of direct economic losses caused by special equipments accident;
2. Leak of toxic medium from pressure vessels or pressure pipelines, resulting in transfer of 500 to10,000 people;
3. People are stranded in elevators for 2 or more hours;
4. Major force sustaining structure of cranes is broken or hoisting mechanism falls down;
5. People are stranded in high altitude for 3.5 to 12 hours in passenger cableways; or
6. People are stranded in high altitude for 1 to 12 hours in large entertainment facilities.
Except otherwise as provided in the preceding item, the department of special equipments safety supervision and administration under the State Council may make supplementary provisions with respect to other circumstances of a common accident.

Article 65 The departments of special equipments safety supervision and administration shall work out an emergency preplan for special equipments. An entity using special equipments shall work out a special accident emergency preplan and have emergency drills on a regular basis.
Where explosion or leak occurs to pressure vessels or pressure pipelines, medium properties shall be distinguished when rescue work is undertaken, and handled strictly in accordance with relevant preplan so as to prevent secondary explosion.

Article 66 After a special equipments accident occurs, the entity where the accident occurs shall start the emergency preplan immediately and organize rescue work to prevent the expansion of the accident, reduce casualties and property losses, and report the accident to the department of special equipments safety supervision and administration at or above the county level and relevant departments in a timely manner.
The department of special equipments safety supervision and administration at or above the county level shall, when receiving the accident report, verify the relevant situation promptly and report immediately to the people's government where it is located and report the accident to superior authorities level by level. When necessary, the department of special equipments safety supervision and administration may bypass the immediate leadership and report the accident directly to high levels. With regard to extremely serious accidents and serious accident, the department of special equipments safety supervision and administration under the State Council shall immediately report them to the State Council and notify them to the safety production supervision and administration department under the State Council, etc.

Article 67 Extremely serious accidents shall be investigated by the State Council or an accident investigation team organized by relevant departments as authorized by the State Council.
Serious accidents shall be investigated by the department of special equipments supervision and administration under the State Council jointly with an accident investigation team organized by relevant departments.
Less serious accidents shall be investigate by the departments of special equipments supervision and administration of the provinces, autonomous regions and municipalities directly under the Central Government jointly with an accident investigation team organized by relevant departments.
Common accidents shall be investigated by the departments of special equipments supervision and administration of the cities divided into districts jointly with an accident investigation team organized by relevant departments.

Article 68 The official reply on the accident investigation report shall be given by the people's government where the department of special equipments supervision and administration responsible for the arrangement of accident investigation is located, and the accident report shall be reported to the department of special equipments supervision and administration at higher level for the record.
The relevant authorities shall, according to the official reply and in accordance with the limits of authority and procedures as provided by laws and administrative regulations, impose punishment on accident responsible entities and relevant personnel, and give penalty on the state functionaries responsible for the accident.

Article 69 The departments of special equipments supervision and administration shall make arrangement of the investigation and treatment of special equipments accidents under the leadership of relevant local people's governments.
The local people's governments shall support and cooperate with the people's governments at higher levels or the departments of special equipments supervision and administration to carry out the investigation and treatment and provide necessary facilities.

Article 70 The departments of special equipments supervision and administration shall analyze the causes of the accidents that have occurred and evaluate the relevant safety technical codes according to the management and technical features of special equipments and the situations of accidents; the said departments shall timely work out or revise relevant safety technical codes where necessary.

Article 71 The term "or more" as stated in this Chapter shall include the number itself, and the term "less than" as stated in this Chapter shall not include the number itself.

Chapter VII Legal Liabilities

Article 72 Where anyone is engaged in pressure vessel designs without due licensing, the department of special equipments safety supervision and administration shall ban such filling, confiscate the gas cylinders illegally filled, and impose a fine of not less than CNY50,000 but not more than CNY200,000; and confiscate the illegal income, if any. If the criminal law is violated, the person in charge bearing responsibility and other persons directly responsible therefor shall be investigated and prosecuted for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation or other crimes.

Article 73 Where the design documents of boilers, gas cylinders, oxygen chambers, passenger cableways, large entertainment facilities and special equipments with high energy consumption have not been identified by the inspection and testing institution approved by the department of special equipments safety supervision and administration under the State Council but used for manufacture without authorization, the department of special equipments safety supervision and administration shall order corrections to be made and confiscate the products illegally manufactured, and impose a fine of not less than CNY50,000 but not more than CNY200,000; if the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated and prosecuted for criminal liability in accordance with the provisions of the criminal law on the crime of producing or marketing fake or substandard products or illegal operation or other crimes.

Article 74 Where products and parts of special equipments subject to a type test as required by the safety technical codes or new products and parts of special equipments on trial have not undergone a product or part type test, the department of special equipments safety supervision and administration shall order corrections to be made within a time limit, and impose a fine of not less than CNY20,000 but not more than CNY100,000 if no corrections are made upon the expiry of the time limit.

Article 75 Where anyone is engaged in the manufacture, installation and reform of boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities, and in-plant (in-factory) special motor vehicles and the safety accessories and safety protection devices thereof, or the manufacture of pressure pipeline components without due licensing, the department of special equipments supervision and administration shall ban such activities, confiscate the products illegally manufactured and order those that have been installed or reformed to be restored to the original status or those to be re-installed or re-reformed by the licensed entity within a time limit, impose a fine of not less than CNY100,000 but not more than CNY500,000. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of producing or marketing fake or substandard products, the crime of illegal operation, the crime of negligently causing a serious accident or other crimes.

Article 76 Where the special equipments, prior to release from manufacturer, are not attached with design documents, certificate of compliance, manual on installation, service, maintenance and repair, as well as supervision inspection certificate as required by the safety technical codes, the department of special equipments supervision and administration shall order corrections to be made; or order a stop to manufacture or marketing, and impose a fine of not more than 30 percent of the value of the products illegally manufactured or sold; and confiscate illegal income, if any.

Article 77 Where anyone is engaged in maintenance and repair or daily maintenance of boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities or in-plant (in-factory) special motor vehicles without due licensing, the department of special equipments supervision and administration shall ban such repair or routine maintenance and impose a fine of not less than CNY10,000 but not more than CNY50,000, and confiscate illegal income, if any. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation, the crime of negligently causing a serious accident or other crimes.

Article 78 Where, before construction, any construction entity for installation, reform or maintenance and repair of boilers, pressure vessels, elevators, cranes, passenger cableways, large entertainment facilities and in-plant (in-factory) special motor vehicles fail to inform in writing the department of special equipments supervision and administration of a municipality directly under the Central Government or of a city divided into districts of the installation, reform or maintenance and repair to be conducted, or fail to transfer the technical materials within 30 days after inspection acceptance to the entity using boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilities, the department of special equipments supervision and administration shall order corrections to be made within a time limit; if no corrections are made, a fine of not less than CNY2,000 but not more than CNY10,000 shall be imposed.

Article 79 Where manufacture of boilers, pressure vessels, pressure pipe components, cranes and large amusement devices or installation, reform or major maintenance and repair of boilers, pressure vessels, elevators, cranes, passenger cableways and large entertainment facilitates has not passed the supervision inspection by the inspection and testing institution approved by the department of special equipments supervision and administration under the State Council in accordance with the safety technical codes, but such special equipments is released from manufacturer or delivered for service, the department of special equipments supervision and administration shall order corrections to be made and confiscate the products illegally manufactured or sold. If installation, reform or major maintenance and repair has already been conducted, the said department shall order supervision and inspection to be conducted within a time limit, impose a fine of not less than CNY50,000 but not more than CNY200,000 and confiscate the illegal income, if any; if the circumstances are serious, the said department shall revoke the licensing granted to the entity manufacturing, installing, reforming or maintaining the equipment, and the department for industry and commerce shall revoke the business license. If the criminal law is violated, the person in charge bearing responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of producing or marketing fake or substandard products or other crimes.

Article 80 Where anyone is engaged in filling transportable pressure vessels or gas cylinders without due licensing, the department of special equipments supervision and administration shall ban such filling, confiscate the gas cylinders illegally filled, and impose a fine of not less than CNY100,000 but not more than CNY500,000; and confiscate the illegal income, if any. If the criminal law is violated, the person in charge bearing responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation or other crimes.
Where any entity engaged in filling transportable pressure vessels or gas cylinders does not carry out filling activities in accordance with the requirements of the safety technical codes, the department of special equipments supervision and administration shall order corrections to be made and impose a fine of not less than CNY20,000 but not more than CNY100,000; if the circumstances are serious, the said department shall revoke its filling qualification.

Article 81 Where an elevator manufacturer comes under any of the following circumstances, the department of special equipments supervision and administration shall order it to make corrections within a time limit; if no corrections are made upon the expiry of the time limit, the said department shall circulate a notice of criticism:
1. Failing to verify and debug the elevator as required in Article 19 of these Regulations; or
2. Failing to make a prompt report to the department of special equipments supervision and administration upon discovery of any serious hidden danger when conducting follow-up inquiries into the safe operation of the elevator.

Article 82 Where any entity producing special equipments or inspection and testing institution that has obtained license and approval comes under any of the following circumstances, the department of special equipments supervision and administration shall order it to make corrections, and impose a fine of not less than CNY20,000 but not more than CNY100,000; if the circumstances are serious, the said department shall revoke its corresponding qualification:
1. Failing to go through the alteration formalities for the license in accordance with the requirements of the safety technical codes;
2. Continuing to be engaged in the production, inspection and testing of special equipments though no longer meeting the provisions of these Regulations or the requirements of the safety technical codes;
3. Failing to produce, inspect or test special equipments in accordance with the provisions of these Regulations or the requirements of the safety technical codes; or
4. Counterfeiting, altering, leasing, lending or transferring license certificates or monitoring and inspection reports.

Article 83 Where an entity using special equipments comes under any of the following circumstances, the department of special equipments supervision and administration shall order it to make corrections within a time limit, or impose a fine of not less than CNY2,000 but not more than CNY20,000 if no corrections are made upon the expiry of the time limit, or order it to stop using or suspend the production or business for rectification if the circumstances are serious:
1. Putting the special equipments into service without registering with the department of special equipments supervision and administration prior to the putting-into-service of the special equipments or within 30 days after such putting-into-service;
2. Failing to build a safety technical file on the special equipments as required in Article 26 of these Regulations;
3. Failing to conduct frequent daily maintenance of the special equipments in service or to carry out periodic self-check, or to carry out periodic calibration, maintenance and repair of the safety accessories, safety protection devices, measuring and controlling installations and auxiliary instruments and gauges of the special equipments in service and make records, as required in Article 27 of these Regulations;
4. Failing to make a request for periodic inspection on the special equipments inspection and testing institution 1 month prior to the expiration of the period of validity of the safety inspection in accordance with the requirements for periodic inspection as provided for in the safety technical codes;
5. Using special equipments which has not been periodically inspected or has failed to pass the inspection;
6. Continuing to use special equipments without making an all-round check and eliminating hidden dangers in case of breakdown or abnormity of such special equipments;
7. Failing to formulate special emergency preplans against the accidents of their special equipments;
8. Failing to clean, lubricate, adjust or check elevators as required in Item 2 of Article 31 of these Regulations.
9. Failing to conduct quality treatment of boiler water (medium) in accordance with the requirements of the safety technical codes;
10. Failing to take corresponding measures to make corrections when the special equipments does not meet the energy efficiency indexes.
Where any entity using special equipments uses special equipments produced by an entity that has not obtained a production license or uses non-pressure boilers and non-pressure vessels as pressure boilers or pressure vessels, the department of special equipments supervision and administration shall order it to stop using, confiscate them and impose a fine of not less than CNY20,000 but more than CNY100,000.

Article 84 Where special equipments has serious hidden risks of an accident, or is not worthy of reform or maintenance and repair, or has exceeded the service life laid down in the safety technical codes, but the entity using special equipments fails to scrap such equipment in due time and fails to cancel the registration with the department of special equipments supervision and administration that it originally registered with, the department of special equipments supervision and administration shall order it to make corrections within a time limit, or impose a fine of not less than CNY50,000 but not more than CNY200,000 if no corrections are made upon the expiry of the time limit.

Article 85 Where any entity running elevators, passenger cableways or large entertainment facilities comes under any of the following circumstances, the department of special equipments supervision and administration shall order it to make corrections within a time limit, or order it to stop using or suspend their production or business for rectification and impose a fine of not less than CNY10,000 but not more than CNY50,000 if no corrections are made upon the expiry of the time limit:
1. Failing to conduct trial operation of and make routine check on the passenger cableways or large entertainment facilities before they are put into service each day, and failing to check and make sure the safety of the safety installations;
2. Failing to place the safety instructions and warning marks for elevators, passenger cableways or large entertainment facilities in a prominent position that can be easily noticed by the passengers.

Article 86 Where any entity using special equipments comes under any of the following circumstances, the department of special equipments supervision and administration shall order it to make corrections within a time limit, or order it to stop using or suspend the production or business for rectification and impose a fine of not less than CNY2,000 but not more than CNY20,000 if no corrections are made upon the expiry of the time limit:
1. Failing to set up a special equipments safety management department or to appoint full-time or part-time safety administrators as provided for in these Regulations;
2. The operators of special equipments are engaged in operation without acquiring the corresponding certificate for special operator; or
3. Failing to educate and train the operators of special equipments in respect of the safe operation of special equipments.

Article 87 Where any of the following circumstances occurs when a special equipments accident happens, for an entity, the department of special equipments supervision and administration shall impose a fine of not less than CNY50,000 but not more than CNY200,000; for major principals, the department of special equipments supervision and administration shall impose a fine of not less than CNY4000 but not more than CNY20,000; where the principal is a state functionary, he/she shall be punished according to law; if the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes.
1. Where, in case of occurrence of accidents of special equipments in entities using special equipments, the major principals of such entities fail to organize an immediate rescue, or leave their posts without permission or abscond during the investigation and handling of the accidents; or
2. The major principals of entities using special equipments conceal facts, give a false report or delay the report of the accidents of special equipments.

Article 88 For any entity responsible for an accident, the department of special equipments supervision and administration shall impose a fine upon it according to the following provisions:
1. For a common accident, a fine of not less than CNY100,000 but not more than 200,000 shall be imposed;
2. For a less serious accident, a fine of not less than CNY200,000 but not more than CNY500,000 shall be imposed; and
3. For a serious accident, a fine of not less than CNY500,000 but not more than CNY2000,000 shall be imposed.

Article 89 For major principals of an entity responsible for an accident failing to perform their duties in accordance with the law and causing the accident, the department of special equipments supervision and administration shall impose a fine according to the following provisions; if they are state functionaries, they shall be punished according to law; if the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes.
1. For a common accident, a fine of 30% of the income of a year shall be imposed;
2. For a less serious accident, a fine of 40% of the income of a year shall be imposed; and
3. For a serious accident, a fine of 80% of the income of a year shall be imposed.

Article 90 Where operators of special equipments violate operational rules of special equipments or related safety regulations, or fail to make a prompt report to the safety administrators on the spot and the relevant responsible persons of the entities upon discovery of any hidden dangers or other unsafe factors during their operation, they shall be given a criticism-education and punished by the entities using special equipments; if the circumstances are serious, their qualifications shall be revoked; if the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of negligently causing a serious accident or other crimes.

Article 91 Where anyone is engaged in the supervision inspection, periodic inspection and type test as specified in these Regulations without approval, the department of special equipments supervision and administration shall ban it, impose a fine of not less than CNY50,000 but not more CNY200,000, and confiscate the illegal income, if any. If the criminal law is violated, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegal operation or other crimes.

Article 92 Where a special equipments inspection and testing institution comes under any of the following circumstances, the department of special equipments supervision and administration shall impose a fine of not less than CNY20,000 but not more than CNY100,000 upon it, or revoke its qualification for inspection and testing if the circumstances are serious:
1. Employing any person who fails to pass the examination organized by the department of special equipments supervision and administration and fails to acquire the certificate for inspector and tester to engage in relevant inspection and testing work; or
2. Upon discovery of any serious hidden danger or energy consumption severely exceeding standards in the inspection and testing of special equipments, failing to promptly inform the entity using the special equipments and immediately report to the department of special equipments supervision and administration.

Article 93 Where special equipments inspection and testing institutions and their inspectors and testers issue false inspection and testing results or appraisal conclusions, or the inspection and testing results or appraisal conclusions are highly inconsistent with the facts, the departments of special equipments supervision and administration shall confiscate the illegal income of the special equipments inspection and testing institutions, impose a fine of not less than CNY50,000 but not more than CNY200,000 upon them, revoke their qualification for inspection and testing if the circumstances are serious; or impose a fine of not less than CNY5,000 but not more CNY50,000 upon the inspectors and testers, and revoke their qualifications for inspection and testing if the circumstances are serious. If the criminal law is violated, the persons in charge bearing direct responsibility and other persons directly responsible therefor shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of providing falsified testifying papers by personnel from intermediary agencies, crime of issuing testifying papers with major inaccuracy by personnel from intermediary agencies or other crimes.
Where special equipments inspection and testing institutions and their inspectors and testers produce false inspection and testing results or appraisal conclusions, or the inspection and testing results or appraisal conclusions are highly inconsistent with the facts, thereby causing any damage, they shall assume liability for compensation.

Article 94 Where special equipments inspection and testing institutions and their inspectors and testers engage in the production or sale of special equipments, recommend special equipments or supervise the manufacture or sale of any special equipments in their own names, the departments of special equipments supervision and administration shall revoke their qualification for inspection and testing and the inspectors and testers, impose a fine of not less than CNY50,000 but not more than CNY200,000 upon them, and confiscate the illegal income, if any.

Article 95 Where special equipments inspection and testing institutions and their inspectors and testers deliberately make things difficult for units producing or using special equipments by taking advantage of their inspection and testing, the departments of special equipments supervision and administration shall order them to make corrections, or revoke their qualification for inspection and testing if they refuse to make corrections.


Article 96 Where inspectors and testers, when conducting inspection and testing, do not practice in a special equipments inspection and testing institution, or simultaneously practice in two or more special equipments inspection and testing institutions, the departments of special equipments supervision and administration shall order them to make corrections, or suspend their conduction of inspection and testing for not less than six months but not more than two years if the circumstances are serious, and confiscate the illegal income, if any.

Article 97 Where any department of special equipments supervision and administration and its special equipments safety supervisors commit any of the following law-breaking acts, the person in charge bearing direct responsibility and other persons directly responsible therefor shall be given the administrative sanction of demotion or dismissal from their posts. If the criminal law is violated, criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of taking bribes, the crime of abuse of power, the crime of neglect of duty or other crimes:
1. Failing to exercise licensing, approval or registration in accordance with the conditions as provided for in these Regulations and the requirements of the safety technical codes;
2. Upon discovery, failing to ban or deal with unauthorized production, using or inspection and testing of special equipments conducted by a unit which has not been licensed, approved or registered;
3. Failing to revoke the licensing granted to an entity producing or using special equipments when discovering that such an entity does not meet the conditions as provided for in these Regulations any longer, or failing to, upon discovery, investigate and deal with law-breaking acts in the production or using of special equipments;
4. Failing to revoke the licensing granted to a inspection and testing institution of special equipments when discovering that such an institution does not meet the conditions as provided for in these Regulations any longer, or failing to investigate and deal with the acts of issuing false inspection and testing results or appraisal conclusions, or of issuing inspection and testing results or appraisal conclusions that are highly inconsistent with the facts;
5. Granting repeated licensing to an entity producing special equipments which has already been licensed in another locality according to the provisions of these Regulations, or exercising repeated inspection and testing on special equipments which has already passed inspection and testing in another locality according to the provisions of these Regulations;
6. Failing to immediately, upon discovery, handle any violation of these Regulations or the safety technical codes or any serious hidden dangers of special equipments in service;
7. Failing to make a prompt report to the department for safety supervision administration of special equipments at the higher level upon discovery of any grave law-breaking act or serious hidden danger, or the department of special equipments supervision and administration receiving the report fails to take immediate measures to handle the matter;
8. Delayed report, omitted report, untrue report and concealment of report of accidents;
9. Interfering the rescue or accident investigation and treatment.

Article 98 Where any entity producing or using special equipments or an inspection and testing institution of special equipments refuses to accept the safety supervision legally conducted by the department of special equipments supervision and administration, the department of special equipments supervision and administration shall order it to make corrections within a time limit; or order it to suspend its production or business operation for rectification and impose upon it a fine of not less than CNY20,000 but not more than CNY100,000 if no corrections are made upon expiry of the time limit; if the criminal law is violated, the criminal liability shall be investigated in accordance with the provisions of the criminal law on the crime of disrupting public service or other crimes.
Where any entity producing or using special equipments uses, exchanges, transfers or damages the special equipments or its main components that have been sealed up or detained, the department of special equipments supervision and administration shall order it to make corrections and impose a fine not less than CNY50,000 but not more than CNY200,000 upon it; its corresponding qualification shall be revoked if the circumstances are serious.

Chapter VIII Supplementary Provisions

Article 99 For the purpose of these Regulations:
1. Boiler refers to enclosed equipment which heats the liquid it holds to a certain parameter and carries a certain pressure by using various fuels, electricity or other energy resources. It ranges from pressure-bearing steam boiler with volume not less than 30L, pressure-bearing hot-water boiler with outlet water pressure not less than 0.1MPa (gauge pressure) and rated power not less than 0.1MW, to organic fluid boiler.
2. Pressure vessel refers to enclosed equipment which is capable of holding gas or liquid and carrying a certain pressure. It ranges from stationary vessel or transportable vessel for gas or liquefied gas whose maximum working pressure is not less than 0.1MPa (gauge pressure) and the product of whose pressure multiplied by volume is not less than 2.5 Mpa * L or for liquid whose maximum working temperature is not lower than its standard boiling point, gas cylinder for gas or liquefied gas whose nominal working pressure is not less than 0.2MPa (gauge pressure) and the product of whose pressure multiplied by volume is not less than 1.0Mpa * L or for liquid whose standard boiling point is not more than 60 centigrade, or to hyper baric oxygen chamber, etc.
3. Pressure pipeline refers to pipe-shaped equipment which is capable of transmitting gas or liquid under certain pressure. It is used to transmit gas, liquefied gas, steam medium whose maximum working pressure is not less than 0.1MPa (gauge pressure), or liquid media which are flammable, explosive, toxic, corrosive and whose maximum working temperature is not lower than the standard boiling point and whose nominal diameter is larger than 25mm.
4. Elevator refers to a kind of powered machinery used to provide vertical or horizontal transportation of humans or commodities using cars moving along a rigid rail or step-type conveyer moving along fixed rail. It falls into passenger (cargo) elevator, escalator, and automatic moving walk, etc.
5. Crane refers to a kind of machinery used to provide vertical or vertical/horizontal transportation of heavy goods. It ranges from lifter whose rated lifting capacity is not less than 0.5t, and crane whose rated lifting capacity is not less than 1t and whose lifting height is not less than 2m, to fixed electric hoist.
6. Passenger cableway refers to a kind of powered equipment which transports people by using flexible ropes to haul carriages, including passenger aerial cableway, passenger trolley, and passenger towing cableway.
7. Large entertainment facility refers to entertainment equipment used to transport passengers for business purposes. It is restricted to that whose design maximum operating linear velocity is not less than 2m/s or whose operating height is not lower than 2m.
8. In-plant (in-factory) special motor vehicle refers to special motor vehicle used in such locations as plant areas of factories, tourist attractions and amusement parks, etc. other than road traffic and farm vehicles.
Special equipment also includes auxiliary safety accessories, safety protection devices and related devices.

Article 100 The measures for safety supervision and administration of design, installation and service of pressure pipelines shall be separately formulated by the State Council.

Article 101 The department of special equipments supervision and administration under the State Council may authorize the departments of special equipments of supervision and administration of the provinces, autonomous regions and municipalities directly under the Central Government to take charge of the administrative licensing of special equipments as provided for in these Regulations, and the specific measures shall be formulated by the department of special equipments supervision and administration under the State Council.

Article 102 The fees for the administrative licensing, inspection and testing of special equipments shall be collected in accordance with the relevant provisions of the state.

Article 103 These Regulations shall be effective as of June 1, 2003. The Provisional Regulations on Safety Supervision of Boilers and Pressure Vessels promulgated by the State Council on February 6, 1982 shall be repealed simultaneously.