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备案译审

Decree of the People’s Government of Hebei Province [2012] No.18

发布时间:2016/8/24

Decree of the People’s Government of Hebei Province

 

                 [2012] No.18

 

 

Provisions of Hebei Province on Safety Supervision of Special Equipment, adopted at the 115th Executive Meeting of the People’s Government of Hebei Province on December 28, 2012, are hereby promulgated and shall become effective as of February 1, 2013.

 

                                     

                                    

                          Governor Zhang Qingwei

                                December 28, 2012

 

 

 

Provisions of Hebei Province on Safety Supervision of Special Equipment

 

Chapter I General Provisions

 

Article 1 With a view to strengthening the safety supervision of special equipment, preventing and reducing accidents, safeguarding public security, and safety and security of citizen’s life and property, and promoting economic and social development, these Provisions are formulated in accordance with Regulations on Safety Supervision of Special Equipment of the State Council and relevant laws and regulations and in light of the actual conditions of this Province.

Article 2 For the purpose of these Provisions, the term "special equipment” is defined as  boilers, pressure vessels (including gas cylinders, the same below), pressure pipelines, elevators, lifting appliances, passenger ropeways, large amusement devices and non-road vehicles, which relate to safety of human lives or have high risks.

The determination of the specific scope for special equipment shall comply with the catalogue for the special equipment approved by the State Council.

Article 3 These Provisions apply to the production (including design, manufacture, installation, alteration, maintenance and repair, the same below), service, inspection, testing, as well as relevant supervision and inspection of special equipment within the administrative region of this Province, except as otherwise provided by other laws and regulations of special equipment safety supervision.     

These Provisions do not apply to the safety supervision of special equipment used for military equipment, nuclear facilities, aerospace vehicle, locomotives, offshore installation and ships, and coal mines, as well as special equipment used for civil airport.

The supervision and administration of the installation and service of lifting appliances, non-road vehicle, and public pressure pipelines such as urban gas and heating pipe, which are used on house construction and municipal engineering sites, shall be performed by the competent administrative departments for housing and urban-rural development in accordance with relevant laws and regulations.

Article 4 The people's governments at or above the county level shall strengthen the leadership of special equipment safety supervision, timely coordinate and solve major problems arising from the supervision work, and incorporate the special equipment safety supervision into the annual safety production targets of the governments.

Article 5 All departments in charge of special equipment safety supervision and administration at various levels are responsible for the safety supervision of special equipment within their respective administrative regions.

Other relevant departments shall, in compliance with their specified functions and duties, accomplish the related job of supervising and administrating special equipment safety.

  The people's governments at the town (township) level shall appoint agencies or personnel to assist departments of special equipment safety supervision and administration in accomplishing the job of special equipment safety supervision.

Article 6 The special equipment industry association shall guide units producing and using special equipment and special equipment inspection and testing agencies in the reinforcement of their self-discipline management and promotion of the industry credit system construction.

Article 7 The people's governments at or above the county level and their relevant departments shall take measures to encourage relevant agencies  and individuals to adopt internet of things and other information-based administrating tools and raise  the level of special equipment safety management and enhance the capacity in preventing accidents resulting from the special equipment.

Article 8 All units producing and using special equipment and special equipment inspection and testing agencies in this Province are encouraged to participate in liability insurance related to special equipment safety, and to improve the ability of compensation for special equipment accidents.

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Chapter II  Production and Operation

 

Article 9 Any unit producing and using special equipment, and any unit filling transportable pressure vessels or gas cylinders shall go through relevant administrative licensing, approval or registration formalities at the department in charge of special equipment safety supervision and administration after a business license is obtained according to law.  

Article 10 All units producing special equipment shall carry out production strictly in accordance with provisions of relevant national laws, regulations safety technical codes and requirements specified in design documents. Where a design document is required to be appraised or any product of special equipment needs to be given type test and energy efficiency test according to provisions of relevant laws, regulations and technical codes of the State,  it shall be handled as required. The design document that is confirmed unqualified after the appraisal or the product of special equipment that fails in passing the type test and energy efficiency test shall not be put into production.

Article 11 Where any defect that might threaten the safety of human lives and property is detected in the product of special equipment in design, technology, material or other reasons, the units producing such special equipment shall immediately stop the production or suspend the delivery to clients. They shall notify relevant units for designing, selling and using the product in time, and eliminate the defect effectively through such measures as returning, exchanging or repairing sales.

Article 12 Any boiler that needs to be installed in a building shall keep an appropriate and safe distance from the public gathering places and residential buildings in accordance with relevant requirements of national safety technical codes.

All units using boilers shall conduct water (medium) quality conditioning in accordance with provisions of relevant national safety technical codes, and accept periodic inspections on the situation of water (medium) quality conditioning from special equipment inspection and testing agencies.

Article 13 Anyone who engages in natural gas refit of fuel oil cars shall obtain a Class A motor vehicle maintenance qualification certificate issued by the transport administrative department and a pressure vessel (gas cylinder) installation qualification certificate issued by the department in charge of special equipment safety supervision and administration. The specific administrative measures shall be formulated by the people’s governments of cities divided into districts.

Article 14 Advanced information means such as bar code shall gradually be adopted by the management of filling and using transportable pressure vessels and gas cylinders so as to improve the level of safety management of transportable pressure vessels and gas cylinders.

Article 15 Any unit filling transportable pressure vessels or gas cylinders shall comply with the following provisions:

(1) A safety inspection of transportable vessels or a gas cylinder with accurate record shall be conducted before filling;

(2) All gas cylinders (except the type of vehicle cylinder) without private property right shall not be filled;

(3) All transportable vessels or gas cylinders without registration, or  without inspection after the expiry date of inspection period, and those, which have been renovated or should have been scrapped as required by regulations or have hidden safety threats, shall not be filled;

(4) All transportable pressure vessels or gas cylinders shall be filled with the standardized medium. Excessive filling shall be forbidden;

(5) Direct filling of gas cylinders through transportable pressure vessels shall be forbidden; and

(6) Any disposable cylinder shall not be refilled.

Article 16 All the industrial pressure pipelines under construction, expansion or renovation shall be reported in written form to the department of special equipment safety supervision and administration at the county (city or district) level. The construction unit shall apply with relevant special equipment inspection and testing agencies for supervision and testing in accordance with relevant national regulations.

Article 17 Where the execution of a construction project might affect the safety of pressure pipelines, the construction unit shall check up on pressure pipeline distribution within the construction area in advance and take necessary measures for safety and protection.

Article 18 In the case of a construction project which needs elevator installation, the construction unit shall purchase from the manufacturer that has obtained a license for manufacturing elevator according to law. And the model selection, configuration and standby electric power of elevator shall meet the requirements of the building’s structure and usage demand. The installation of the elevator shall be entrusted to a unit with a license qualified for elevator installation according to law.

Any competent administrative department for housing and urban-rural development, when giving an administrative license for any related construction project, shall examine the construction unit’s compliance with the provisions of the preceding paragraph.

Article 19 Striking warning signs shall be set up for elevator used in public gathering places such as airports, railway stations, inter-city bus stations, passenger wharves, stores, hospitals, schools, kindergartens, stadiums and gyms, exhibition halls, and scenic spots. Special personnel shall be employed to be in charge of on-site safety administration if necessary.

Article 20 Any unit using elevator service is the accountability unit for the safety of elevator usage, whose principal leading member shall be the first responsible person, assuming overall responsibility for the safety operation of elevator.

Article 21 Units using elevator service shall be defined in accordance with the following provisions:

(1) Where an elevator has been installed but has not been transferred to its property owner, the construction unit shall be the unit using elevator service.

(2) Where a property service enterprise is entrusted, the property service enterprise entrusted shall be the unit using elevator service;

(3) Where a property service enterprise is not entrusted and the elevator belongs to a single property right owner, the owner with property right shall be the unit using elevator service;

(4) Where a property service enterprise is not entrusted and the elevator belongs to more than two joint property right owners, the co-owners shall consult and define one as unit using elevator service, while the other shall assume corresponding responsibilities; where the consultation between the co-owners is of no  avail, the department of special equipment supervision and administration at or above county (city or district) level shall define the unit using elevator service by consulting with local governments at town (township) level and sub-district offices or refer the situation  to the people’s government at the same level for defining the same; and

(5) Where a building with installed elevator is used for renting, the party concerned shall agree on the unit using elevator service in the contract; if no relevant agreed term is available, the property owner of the building shall be the unit using elevator.

Article 22 All units using elevator service shall comply with the following provisions:

(1) To arrange for elevator safety personnel to be responsible for elevator routine use and management, and appoint personnel with special equipment operation certificate of qualification to take charge of and take care of keys to elevator landing doors, operation panel in elevator cabs, machine rooms and starters;

(2) To post valid safety inspection signs of qualification in a prominent position inside the elevator cab;

(3) To ensure effective communication between the elevator emergency alarm devices and safety management department or personnel of units using elevator at any time;

(4) To timely notify units in charge of daily elevator maintenance when breakdown or abnormal conditions of elevator occur eliminate the breakdown or abnormal conditions and stop the operation of elevator immediately when passenger safety might be threatened;

(5) To organize emergency rescue immediately when passengers are stuck in an elevator cab;

(6) To apply with special equipment inspection and testing agencies for elevator testing as required  and do a good job in cooperation;

(7) To transfer all the safety technical documents to the new elevator-using unit within 3 days from the date of changing when a unit using elevator service has a change; and

(8) To comply with other relevant provisions of laws, regulations, rules and national safety technical codes.

Where any unit using elevator service has not applied for testing as required by the provisions of the preceding paragraph, a special equipment inspection and testing agency shall issue an inspection notice 45 days in advance to the unit using elevator for it to carry out the testing early. Where any unit using elevator service refuses the inspection after the expiry date of inspection period, the department of special equipment safety supervision and administration shall handle the case in strict accordance with law.

Article 23 An elevator manufacturer or a unit that has obtained a relevant administrative license for elevator installation, alteration and repair according to law shall be responsible for the elevator routine maintenance and make arrangement for the implementation of relevant provisions of national safety technical codes.

Article 24 Any unit in charge of elevator routine maintenance shall conduct business within the scope permitted by the department of special equipment safety supervision and administration, and shall not illegally contract out or subcontract the routine maintenance.

Article 25 Any unit in charge of elevator routine maintenance shall be staffed with personnel who have obtained the special equipment operation certificate of qualification and be supplied with instruments and equipment corresponding to their volume of business in the place where the maintenance is carried out. The number of elevator for each operator to maintain shall be not more than 30.

Any unit in charge of elevator routine maintenance from other provinces that engages in elevator maintenance business in this Province shall, apart from observing provisions of the preceding paragraph, set up its management agencies and necessary office facilities in this Province.

Article 26 In case of a breakdown or an abnormal condition of an elevator, or on receipt of relevant notification, any unit in charge of elevator routine maintenance shall timely eliminate the breakdown and abnormal condition; when finding passengers stuck in elevator cab or upon receipt of the relevant notification, the unit in charge of elevator routine maintenance shall rush to the scene and take necessary emergency rescue measures within the specified time limit.

Article 27 The costs for residential elevator renovation, modification and major repairs shall be listed and withdrawn from the residential special maintenance funds according to national and provincial provisions. If the corresponding part of residential special maintenance funds is not sufficient or the residential special maintenance funds are not available, the costs shall be jointly paid by the parties with property right to elevator.

The costs for elevator routine maintenance, general repair and inspection and testing shall be paid by units using elevator service.

Article 28 All passenger ropeways and large-scale recreation facilities shall have safe isolation zones, safety instructions, safety precautions and striking warning signs set up, be staffed with professional personnel for on-site safety management, and have lightning-proof and weather-proof facilities meeting safety requirements put up at ropeway stations and passenger waiting stations.

Article 29 All operating units of passenger ropeways and large-scale amusement facilities shall employ corresponding number of rescuers, and arrange regular rescuer trainings.

Article 30 Any non-road vehicle driver should obtain the special equipment operation certificate of qualification according to law and go about his/her duties with the certificate.

Any non-road vehicle shall not be driven off road and the non-road driving speed shall not exceed more than 25 kilometers per hour.

Article 31 Where a non-road vehicle is used in scenic spots, the width and roughness of the road for the non-road vehicle shall be safe and unblocked as required. Necessary protective guard rails may be set up on both sides of the road under the prerequisite that the natural landscape is not damaged, and other protective measures shall be taken against natural disasters such as land slide and collapse.  

Article 32 Where any special equipment is rented or transferred, the lessee or transferee shall be provided with safety technical files of the special equipment, including copy of special equipment manufacturing license, special equipment design documents, product quality certificate, installation, use and maintenance instructions, supervision and inspection certificate and periodical inspection reports, etc.

Article 33 If any unit using the  special equipment, except gas cylinderswants to start using special equipment that has been suspended for more than one year or  equipment that has been disused, the unit using the special equipment shall report the situation to the department of special equipment safety supervision and administration for the record.

Where any unit restarts using special equipment disused for more than one year, the unit using the special equipment shall, apart from reporting for the record as required by provisions of the preceding paragraph, apply with special equipment inspection and testing agencies for safety test.

Article 34 All special equipment beyond the designed service life or the expiry date formulated by relevant provisions of national safety technical codes, and those which have been tested as unqualified by special equipment inspection and testing agencies and unable to eliminate potential risks, shall be scraped.  

Any unit using elevator service or any unit using industrial pressure pipes shall entrust an special equipment inspection and testing agency to appraise safety quality of elevators used for 15 years or industrial pressure pipes used for 20 years. The agency shall produce appraisal conclusion on what special equipment should continue to be used, what to be repaired, modified or scrapped according to law.

Article 35 The special equipment inspection and testing agency that has issued an unqualified inspection result shall be responsible for the scrapping of gas cylinders; a unit using special equipment shall be responsible for the scrapping of other special equipment.

Where apiece of special equipment has been scrapped, the unit using the special equipment shall apply to the original registration department of special equipment safety supervision and administration for cancellation of the registration of the scrapped special equipment within 30 days from the date of scrapping.

Article 36 All special equipment operators at work shall carry with them the special equipment operation certificate of qualification or wear the specified badge, and strictly follow the special equipment operating instructions and relevant safety technical regulations.

 

 

Chapter III Inspection and Testing

 

Article 37 The inspection and testing of special equipment shall be conducted by agencies or personnel that have obtained relevant administrative licenses according to law.

Article 38 Any unit using special equipment shall apply to an special equipment inspection and testing agency for the inspection and testing no later than a month prior to the expiration of the valid period of inspection and testing. The special equipment inspection and testing agency shall, within 5 working days on receipt of the application, agree on the date of inspection and testing with the applicant.

All units using special equipment shall accomplish relevant preparations before inspection and testing, including on-site clearing inside and outside, medium displacement, ventilation, cooling, and installation of work-at-height facilities, etc., and cooperate actively with the implementation of the inspection and testing.

Article 39 All special equipment inspection and testing agencies shall conduct the inspection and testing according to provisions of related national safety technology codes, provide impartial, accurate, and convenient services for units using special equipment, and issue written reports of inspection and testing within the specified period of time.

Article 40 If any serious safety accident risk is detected in the inspection and testing, the special equipment inspection and testing agency shall timely notify units using special equipment, and immediately report to the department of special equipment safety supervision and administration.

Article 41 Where a unit using special equipment or other relevant unit raises objections to the inspection and testing result or appraisal conclusion produced by the special equipment inspection and testing agency, the unit or other relevant unit may, within 15 days from the date on receipt of the inspection and testing result and appraisal conclusion, apply for re-inspection with the department of special equipment safety supervision and administration at the level of cities divided into districts or at the provincial level. The department of special equipment safety supervision and management who accepts the application shall entrust other special equipment inspection and testing agencies with the re-inspection within 15 days.

The cost of re-inspection shall be paid in advance by the unit that raises objection; if the original inspection and testing result or appraisal conclusion is proved to be wrong, the re-inspection cost shall be borne by the original special equipment inspection and testing agency.

 

Chapter IV Supervision and Inspection

 

Article 42 All departments of special equipment safety supervision and administration shall conduct safety supervision and inspection with a focus on the production and usage of special equipment related to public safety.  

Article 43 The provincial department of special equipment safety supervision and administration shall actively promote the standardized management of safety use of special equipment and strengthen relevant supervision and inspection in accordance with relevant national laws, provisions and safety technical codes.

Article 44 The department of special equipment safety supervision and administration, when fulfilling duties of supervision and inspection according to law, may enter places of production and business operation for on-site inspection; look up and reproduce copies of relevant contracts, invoices and other documents; and make enquiries from the units producing and using special equipment, inspection and testing agencies and relevant personnel. Agencies and individuals under inspection shall cooperate with the department and truthfully provide   relevant information and reference materials.

Article 45 Any department of special equipment safety supervision and administration shall, when finding hidden accident dangers in special equipment safety supervision, issue in writing a directive of special equipment safety supervision, and order the relevant unit to take prompt measures to eliminate the hidden accident dangers within a time limit. Where the hidden accident danger is a serious one, and no safety guarantee can be given to the unit using special department before the hidden danger is eliminated or in the process of the elimination, the department of special equipment safety supervision and administration shall order the unit using the special equipment to withdraw its operators from the dangerous area and stop using the special equipment. The special equipment may not be reused by the unit until the serious hidden danger is eliminated and the special equipment passes the prescribed inspection.

Article 46 The department of special equipment safety supervision and administration shall, when finding units that have obtained related administrative license, approval, and registration of special equipment no longer have the corresponding conditions or meet requirements of relevant national safety and technical codes, timely and legally revoke the original administrative license, approval or registration.

 

Chapter V Accident Investigation and Disposition

 

Article 47 All departments of special equipment safety supervision and administration at all levels and units using special equipment shall respectively develop their own preparedness plan for special equipment emergency plans and special preparedness plan for special equipment accidents.

All units using special equipment shall provide corresponding number of rescue equipment and first aid materials, and organize relevant personnel to carry out regular accident emergency drills.

The rescue equipment and first aid materials shall be managed by specified personnel, and checked regularly to keep the same in good condition.

Article 48 After a special equipment accident occurs, the unit where the accident occurs shall activate the preparedness plan for accidents, organize the rescue to prevent the accident from escalating and to minimize casualties and property losses. It shall also make a timely report to the department of special equipment and relevant departments of the area where the accident occurs. Upon receipt of the report about the accident, the department of special equipment safety supervision and administration shall promptly verify the relevant situation, immediately report the matter to the people’s government of the same level and report to the higher authorities level by level, when necessary, the department of special equipment safety supervision and administration can directly report the accident to authorities of higher levels.   

Article 49 The unit where the accident of special equipment occurs and its relevant personnel shall carefully protect the accident site and related evidence, timely collect and arrange the material concerned, so as to make a good preparation for the accident investigation; when necessary, the equipment, site and materials related to the accident shall be sealed up for safekeeping and guarded by special personnel.

If the equipment, facilities and other items on the site of the accident need to be moved due to personnel rescue, prevention of the escalation of accident and relief of traffic, the units or relevant personnel in charge of the moving shall make marks, sketches of the scene, and written reports, and properly keep the important trace and material evidence on site. If it is workable, audiovisual materials shall be made at the scene of the accident.

Article 50 The department of special equipment safety supervision and administration shall carry out special equipment accident investigation under the leadership of local people’s government according to law.

The people’s government and its departments of safety production supervision and administration, supervision and public security of the area where the accident occurs, shall support and cooperate with the people's government and the department of special equipment safety supervision and administration at a next higher level to carry out the investigation of special equipment accident.

 

Chapter VI Legal Liabilities

 

Article 51 For acts in violation of these Provisions, where otherwise provided for by Regulations on Safety Supervision of Special Equipment of the State Council and relevant laws and regulations have specified the liability, such provisions shall prevail.

Article 52 Any violator of Articles 16 and 26 of these Provisions shall be ordered to make rectifications within a time limit by the department of special equipment safety supervision and administration. If illegal gains are involved, a fine of not less than one time and not more than 3 times the illegal gains shall be imposed, but the maximum shall not be more than 30,000 yuan; if there are no illegal gains involved, a fine of not less than 5, 000 yuan and not more than 10,000 yuan shall be imposed. 

Article 53 Any violator of Articles 22, 25, and 26 of these Provisions shall be ordered to make rectifications within a time limit by the department of special equipment safety supervision and administration. If illegal gains are involved, a fine of not less than one time and not more than 3 times the illegal gains shall be imposed, but the maximum shall not be more than 10,000 yuan; if there are no illegal gains involved, a fine of  not less than 1, 000 yuan and not more than 5,000 yuan shall be imposed. 

 

Chapter VII Supplementary Provisions

 

Article 54 The special equipment administrative licensing and inspection charge shall be implemented in accordance with relevant laws and provisions of the State and this Province.

Article 55 These Provisions shall become effective as of February 1, 2013.