Regulations of Jiangsu Province on Special Equipment Safety

(Adopted at the Fifteenth Session  of the Standing Committee of the Twelfth People’s Congress of Jiangsu Province on March 27, 2015)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Special Equipment Safety Law of the People’s Republic of China and other laws and administrative regulations, in light of the specific situation of this Province, and for the purposes of strengthening the work on special equipment safety, preventing and reducing accidents of special equipment, protecting personal and property safety and promoting the development of the economy and the society.

Article 2 These Regulations shall apply to the production (including design, manufacture, installation, renovation and repair), trading, use, inspection and examination of special equipment within the administrative region of this Province, as well as the safety supervision and administration of special equipment.

　　The special equipment as mentioned in these Regulations refers to equipment and facilities which pose a greater threat to personal and property safety and which are prescribed in the special equipment catalogue approved by the State Council, including boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, lifting machinery, passenger ropeways, large-scale amusement facilities and non-road motor vehicles.

Article 3 The work on special equipment safety shall adhere to the principle of giving first place to safety, laying stress on prevention, saving energy, protecting  environment and controlling comprehensively.

Article 4 The local people's government at or above the county level shall strengthen its leadership over the work on special equipment safety, supervise and support the special equipment safety supervision and administration department to perform its duties according to law, guarantee funds for special equipment safety supervision and administration, timely coordinate and solve major problems in special equipment safety supervision and administration, and incorporate special equipment safety into the annual work safety target.

Article 5 The special equipment safety supervision and administration department of the local people's government at or above the county level shall be responsible for the supervision and administration work on special equipment safety within their respective administrative regions.

　　The departments of development and reform, public security, work safety supervision and administration, housing and urban and rural construction, and tourism shall, in accordance with their corresponding functions and duties, do well the supervision and administration work on special equipment safety.

　　The people's government at the town and township level, the sub-district office and the administrative committee of the park zone shall cooperate and assist in the work related to special equipment safety supervision and administration.

Article 6 The units that produce, trade or use special equipment are the principal bodies responsible for special equipment safety and shall assume responsibilities for the safety of the special equipment that they produce, trade or use.

Chapter II General Safety Provisions

Article 7 The special equipment producing units and special equipment inspection and examination institutions shall, in accordance with the law, engage in relevant activities only after getting the permit and approval.

Article 8 The special equipment producing units shall be equipped with professional and technical personnel, equipment, facilities, sites and inspection measures appropriate for the production, establish and perfect the quality assurance system and various rules and systems, organize production in accordance with safety technical specifications and relevant standards, and accept the supervisory inspection prescribed by the State.

Article 9 The special equipment trading units shall establish and implement the inspection and acceptance system for in-coming special equipment and the sales counter account system, check the manufacture permits of special equipment, the design documents, the product qualification certificates, the instructions for installation, use and maintenance, the supervisory inspection certificates and other relevant technical materials and documents, and assume responsibility for the legality of products they sell. The special equipment trading units shall not sell any special equipment without complete technical materials and documents or any special equipment that has been explicitly announced to be eliminated or to be prohibited from use by the State or scrapped.

Article 10 Anyone who sells or transfers used special equipment shall provide the buyer or transferee with the cancellation certificate for special equipment use registration, safety technology archives and the qualification certificate for supervisory inspection or regular inspection of the original using unit.

Article 11 The special equipment leasing unit shall provide the special equipment renting unit with the leased special equipment's use registration certificate and regular inspection qualification certificate; where special equipment operation personnel are equipped, the operation staff qualification certificate shall also be provided. The renting unit shall check the special equipment.

　　The operation and management unit of a site such as a logistics park, a wholesale market and an amusement park, shall check the use registration certificate, the regular inspection qualification certificate and the operation personnel qualification certificate of the special equipment entering the site.

　　Where the certificate documents are not complete, the renting unit shall not put the special equipment into use and the operation and management unit of the site shall not permit the special equipment to enter the site and be used.

Article 12 The buyer that imports the special equipment shall notify the special equipment safety supervision and administration department of the city divided into districts of the place of import before signing the purchase contract. The special equipment safety supervision and administration department shall provide policy consultations and risk warnings.

Article 13 The special equipment using units shall abide by the following requirements:

(1) using special equipment that is produced with a permit and inspected as qualified;

(2) setting up special equipment safety administration institutions or being staffed with full-time and part-time safety administration personnel in accordance with relevant provisions of the State and this Province;

(3) employing personnel with corresponding qualifications to engage in safety administration and operation of special equipment; and

(4) establishing the investigation and control system for hidden dangers of special equipment accidents, timely eliminating the abnormal condition and hidden dangers of accidents that are found in the use, checking or inspection process, and ensuring safe operation of the special equipment.

Article 14 Where the special equipment using unit plans to suspend the special equipment for more than one year, it shall notify in writing the special equipment safety supervision and administration department in charge of use registration. Where the special equipment is put into use again, the using unit shall, in accordance with relevant provisions of the State and this Province, conduct inspection and put the special equipment into use only after it is inspected and accepted as qualified, and notify in writing the special equipment safety supervision and administration department in charge of use registration.

Article 15 Where the special equipment is transferred and used, the new using unit shall take the cancellation certificate for special equipment use registration  and other certificate documents of the original using unit to the local special equipment safety supervision and administration department to go through the formalities of use registration.

Article 16 The special equipment inspection and examination institutions shall carry out inspections and examinations within the scope of approval and projects and in accordance with safety technical specifications.

Article 17 The special equipment inspection institution shall decide with the applicant the time of on-site inspection within 5 working days after receiving the inspection application of the special equipment using unit, carry out the inspection on time, and issue the inspection report within the time prescribed by safety technical specifications.

Article 18 Where the legal inspection and examination items of special equipment do not have safety technical specifications formulated by the State in a unified way, the special equipment safety supervision and administration department of this Province may formulate the special inspection and examination rules. The pecial equipment inspection and examination institutions shall formulate the operation guidance books in accordance with the special inspection and examination rules.

　　The special equipment producing units and special equipment inspection and examination institutions may put forward suggestions on formulating special inspection and examination rules to the special equipment safety supervision and administration department of this Province.

Article 19 Where the special equipment producing unit or using unit has an objection to the inspection result or assessment conclusion, it may put forward the objection to the special equipment inspection institution in writing within 15 working days after receiving the inspection result or assessment conclusion. The special equipment inspection institution shall reply in writing within 15 working days after receiving the objection in writing.

　　Where the special equipment producing unit or using unit still has an objection to the reply of the special equipment inspection institution, it may put forward the objection to the local special equipment safety supervision and administration department of the city divided into districts within 15 working days after receiving the reply. The special equipment safety supervision and administration department that receives the objection shall organize the assessment and confirmation within 15 working days.

　　Where a re-inspection is needed in the assessment and confirmation process, the cost needed shall be paid in advance by the unit that puts forward the objection. Where the original inspection data or conclusion is incorrect, the cost shall be borne by the original inspection institution.

Chapter III Special Safety Provisions

Article 20 During the installation, renovation, and repair process of special equipment, the construction unit shall abide by the work safety requirements of the construction site and adopt protective measures on the spot.

　　The work safety supervision of the construction site shall be carried out by relevant departments in accordance with the provisions of relevant laws and regulations.

Article 21 The using units of lifting machinery, large-scale amusement facilities and passenger ropeways shall conduct daily maintenance of major load-carrying structure parts, safety accessories, safety protection devices, operation mechanism and control system, ensure safety use and keep records.

Article 22 The units engaging in filling mobile pressure vessels and gas cylinders shall obtain the filling permit issued by the special equipment safety supervision and administration department.

　　The filling units shall fill mobile pressure vessels and gas cylinders in accordance with the provisions of the State and the requirements of safety technical specifications, and shall not fill mobile pressure vessels and gas cylinders that are not inspected or are inspected as unqualified.

Article 23 The gas cylinder filling units shall, in accordance with the requirements of safety technical specifications, go through the formalities of the use registration for their own and entrusted gas cylinders in the local special equipment safety supervision and administration department.

　　The gas cylinder filling units shall, in accordance with relevant provisions of this Province, install information signs, such as barcodes and two-dimension codes, on gas cylinders, use the gas cylinder informatization management system and shall not fill the gas cylinder without the information sign.

　　The gas cylinder inspection institutions shall input the inspection information of gas cylinders into the gas cylinder informatization management system.

Article 24 The local people's government at or above the county level shall promote the establishment of the network platform for elevator safety emergency rescue and arrange special funds for elevator safety emergency rescue which are used for elevator safety emergency rescue and other work.

　　It is encouraged to purchase the liability insurance for elevator safety and improve the compensation capability for elevator accidents.

Article 25 Where the elevator produced out of this Province is sold in this Province and the producing unit has not set up any direct sales institutions in this Province, an agent that has registered in this Province shall be specified and the agent shall assume the safety responsibility of the producing unit as prescribed by laws and regulations.

Article 26 The elevator producing unit shall provide the elevator using unit with the spare parts of the elevator, explicitly indicate the spare parts, the repair price and the warranty period, provide technical assistance necessary for safety operation, repair and maintenance of the elevator, and shall not set up technical barriers affecting the normal operation of the elevator.

Article 27 Where the inspection of the elevator in use is finished but the inspection report cannot be issued before the valid time of the previous inspection qualification expires, the special equipment inspection institution responsible for the inspection shall put forward opinions in writing on whether the elevator can be used before the  inspection report is issued.

Article 28 The elevator using unit shall be decided in accordance with the following provisions:

(1) where the newly installed elevator has not been transferred to the proprietors, the project construction unit shall be the using unit;

(2) where the elevator belongs to one property owner, the property owner shall be the using unit;

(3) where the elevator belongs to more than one property owners who manage the elevator by themselves, the property owners shall specify the using unit through the agreement in writing;

(4) where the right to use a site including elevators is transferred in the form of lease, loan or others, the user may be specified as the using unit; where the using unit is not specified, the property owner of the elevators shall be the using unit; and

(5) where the management is entrusted to the property service enterprise or other management personnel, the entrusted personnel shall be the using unit.

　　Where the using unit of the elevator cannot be specified, the people's government at the town and township level, the sub-district office and the administration committee of the park zone shall supervise and urge the property owner to specify or designate the using unit.

Article 29 The door key to the elevator floor, the key to the control box in elevator cars and the elevator start key shall be managed by the using unit of the elevator in a unified way. The personnel using key shall have elevator operation qualifications.

Article 30 The construction unit of residential buildings shall ensure the number, parameters and performance of elevators in the residential buildings compatible with the building structure, use requirements and relevant standards of the State and this Province.

　　In designing residential buildings, full consideration shall be given to the need of safety guarantee, emergency rescue, fire control and barrier-free passage of elevators in residential buildings.

　　Where the public rental housing and other construction projects that are supported by government fiscal funds need to purchase and install elevators, relevant departments shall, together with the special equipment safety supervision and administration department, conduct assessment and argumentation for safety performance, technical guarantee, fault rate, after-sale service and credit evaluation of the elevators.

Article 31 The deposit, management and use of funds for renew and renovation of elevators in residential buildings shall be carried out in accordance with relevant provisions in the Regulations of Jiangsu Province on Property Management.

Article 32 Where the operation and using unit of large-scale amusement facilities rents a site for operation, it shall sign a safety guarantee agreement with the operating and managing unit of the site to specify the safety administration responsibility and implement the safety administration system.

Article 33 Where the production and using unit of special equipment conducts operations in the crowded places ,such as airports, stations, harbors, department stores, schools, kindergartens, stadiums, amusement places and tourist attractions, where may endanger public security, full-time personnel shall be appointed to conduct safety administration on the spot, set up safety segregate secured zone and obvious safety warning signs, and take necessary preventive measures to avoid accidents.

Article 34 The using unit of special equipment for mobile operations shall go through the formalities of special equipment use registration in the special equipment safety supervision and administration department of the place where the unit is located.

　　Where the special equipment for mobile operations is used in different places, the using unit may apply to the inspection institution of the operation area for regular inspection, but it shall submit the inspection result to the use registration department of the special equipment.

　　Where the special equipment for mobile operations needs to be installed in different places, the operation unit shall, in accordance with the provisions, notify the installation to the special equipment safety supervision and administration department or relevant departments of the operation area.

Chapter IV Supervision and Administration

Article 35 The special equipment safety supervision and administration department may enter into a site for inspection when performing its functions and duties of supervision and inspection according to law. The special equipment safety supervision and administration department shall conduct inspections on the spot under any of the following circumstances:

(1) where a report is received or the evidence of suspected violations is obtained;

(2) where serious accidents of special equipment occur or accidents occur frequently;

(3) where special equipment is used at the site for major great activities;

(4) where the special equipment production permit has been obtained and follow-up inspections need to be carried out; or

(5) where safety inspection activities are carried out in accordance with the requirement of the special equipment safety supervision and administration department at a higher level or the local people's government.

Article 36 The special equipment safety supervision and administration department may decide to close down and detain relevant special equipment under any of the following circumstances:

(1) where there is evidence that the special equipment fails to comply with safety technical specifications;

(2) where serious hidden dangers of accidents of special equipment exist; or

(3) where the special equipment that reaches scrap condition or has been scrapped enters into the market.

Article 37 Where a report of special equipment accident is received, the special equipment safety supervision and administration department shall, in accordance with the provisions of emergency rescue of accidents, under the leadership of the local people's government, participate in the emergency rescue of the accident and provide professional and technical support and relevant information support.

Article 38 The special equipment safety supervision and administration department shall organize the third party to evaluate the work quality of the elevator maintenance unit, publicize the evaluation result and accept supervision from the society.

Chapter V Legal Liabilities

Article 39 For any act in violation of the provisions of these Regulations, where there are provisions on its penalty in other laws and administrative regulations, those provisions shall prevail.

Article 40 Where the special equipment selling unit, in violation of the provisions in Article 9 of these Regulations, sells special equipment without complete technical materials and documents, the special equipment safety supervision and administration department shall order it to stop selling and make correction within a prescribed time limit; if it fails to make correction at the expiration of the time limit, a fine of not less than RMB20,000 yuan but not more than RMB200,000 yuan shall be imposed; where there are illegal gains, the illegal gains shall be confiscated.

Article 41 Where anyone, in violation of the provisions in Article 10 of these Regulations, sells or transfers used special equipment but fails to provide the buyer or transferee with the cancellation certificate for special equipment use registration, safety technology archives and the qualification certificate of supervisory inspection or regular inspection of the original using unit, the special equipment safety supervision and administration department shall order him/her to stop selling or transferring, and to make correction within a prescribed time limit; if he/she fails to make correction at the expiration of the time limit, a fine of not less than RMB20,000 yuan but not more than RMB200,000 yuan shall be imposed.

Article 42 Where anyone, in violation of the provisions in Article 11 of these Regulations, commits any of the following acts, the special equipment safety supervision and administration department shall order him to make correction and may impose a fine of not less than RMB2,000 yuan but not more than RMB10,000 yuan:

(1) where the special equipment leasing unit fails to provide the special equipment renting unit with relevant certificates;

(2) where the special equipment renting unit puts the special equipment without complete certificate documents into use; or

(3) where the operating and managing unit of a site permits the special equipment without complete certificate documents to enter into the site and be used.

Article 43 Where the special equipment using unit, in violation of the provisions in Article 14 of these Regulations, puts the suspended special equipment into use again but fails to conduct inspection in accordance with the provisions, the special equipment safety supervision and administration department shall order it to stop using the special equipment and make correction within a prescribed time limit; if it fails to make correction at the expiration of the time limit, a fine of not less than RMB20,000 yuan but not more than RMB100,000 yuan shall be imposed.

Article 44 Where the special equipment inspection institution, in violation of the provisions of these Regulations, commits any of the following acts, the special equipment safety supervision and administration department shall order it to make correction within a prescribed period of time; if it fails to make correction at the expiration of the time limit, a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan shall be imposed:

(1) in violation of the provisions in Article 17, failing to carry out inspection timely or failing to issue the inspection report within the time limit prescribed by safety technical specifications; or

(2) in violation of the provisions in Article 27, failing to put forward opinions in writing.

Article 45 Where the gas cylinder filling unit, in violation of the provisions in the second paragraph of Article 23 of these Regulations, fills the gas cylinder without installing the information sign, the special equipment safety supervision and administration department shall order it to make correction within a prescribed period of time and may impose a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan.         

　　Where the gas cylinder inspection unit, in violation of the provisions in the third paragraph of Article 23 of these Regulations, fails to input the gas cylinder inspection information into the gas cylinders informatization management system, the special equipment safety supervision and administration department shall order it to make correction within a prescribed period of time; if it fails to make correction at the expiration of the time limit, a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan shall be imposed.   

Article 46 Where the elevator producing unit, in violation of the provisions in Article 26 of these Regulations, fails to provide the elevator using unit with the spare parts of the elevator, fails to explicitly indicate the spare parts, the repair price and the warranty period and provide technical assistance necessary for safety operation, fails to repair and maintenance of the elevator, or sets up technical barriers affecting the normal operation of the elevator, the special equipment safety supervision and administration department shall order it to make correction within a prescribed period of time; if it fails to make correction at the expiration of the time limit, a fine of not less than RMB10,000 yuan but not more than RMB50,000 yuan shall be imposed.

Article 47 Where the elevator using unit, in violation of the provisions in Article 29 of these Regulations, fails to manage the door key to the elevator floor, the key to the control box in elevator cars and the elevator start key in a unified way, the special equipment safety supervision and administration department shall order it to make correction within a prescribed period of time, impose a fine of not less than RMB2,000 yuan but not more than RMB20,000 yuan on the elevator using unit, and may impose a fine of not less than RMB1,000 yuan but not more than RMB5,000 yuan on the principal  person responsible for.

Chapter VI Supplementary Provision

Article 48 These Regulations shall enter into effect as of July 1, 2015. The Regulations of Jiangsu Province on Special Equipment Safety Supervision, adopted at the thirty-third Session of Standing Committee of the ninth People’s Congress of Jiangsu Province on December 17, 2002, shall be repealed simultaneously.