彩53彩票网

Special Equipment Safety Law of the People's Republic of China (Chairman Order No. 4)

The "Special Equipment Safety Law of the People's Republic of China" was adopted by the third meeting of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on June 29, 2013, and is hereby promulgated for implementation on January 1, 2014 .

Xi Jinping, President of the People's Republic of China

June 29, 2013

Xinhua News Agency, Beijing, June 29th, by wire

Special Equipment Safety Law of the People's Republic of China (Adopted at the Third Session of the Standing Committee of the Twelfth National People's Congress on June 29, 2013)

table of Contents

Chapter I General Provisions

Chapter II Production, Operation and Use

Section I General Provisions

Section 2 Production

Section III Business

Section 4 Use

Chapter III Inspection and Testing

Chapter IV Supervision and Management

Chapter V Accident Emergency Rescue, Investigation and Handling

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in order to strengthen the safety of special equipment, prevent accidents in special equipment, guarantee the safety of people and property, and promote economic and social development.

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

The special equipment referred to in this law refers to boilers, pressure vessels (including gas cylinders), pressure pipelines, elevators, hoisting machinery, passenger ropeways, large-scale amusement facilities, and factories (factories) that pose a greater risk to personal and property safety. Special motor vehicles, and other special equipment to which this law applies in accordance with laws and administrative regulations.

The state implements catalog management of special equipment. The special equipment catalogue is formulated by the department in charge of special equipment safety supervision and management of the State Council, and implemented after being submitted to the State Council for approval.

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

Article 4 The state implements classified, whole-process safety supervision and management of the production, operation, and use of special equipment.

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

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

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

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

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

Special equipment safety technical specifications are formulated by the department in charge of special equipment safety supervision and management of the State Council.

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

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

Article 11 The department in charge of special equipment safety supervision and management shall strengthen special equipment safety publicity and education, popularize special equipment safety knowledge, and increase the public's awareness of special equipment safety.

Article 12 Any unit or individual has the right to report illegal acts related to the safety of special equipment to the department responsible for the supervision and management of special equipment safety and relevant departments, and the department receiving the report shall handle it in a timely manner.

Chapter II Production, Operation and Use

Section I General Provisions

Article 13 The units that produce, operate and use special equipment and their principals are responsible for the safety of the special equipment that they produce, operate and use.

Units producing, operating and using special equipment shall be equipped with special equipment safety managers, inspectors and operators in accordance with relevant state regulations, and shall provide them with necessary safety education and skills training.

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

Article 15 The units producing, operating and using special equipment shall carry out self-inspection and maintenance of the special equipment produced, operated and used by them, and shall declare and accept the inspection of special equipment that is required to be inspected by the state in a timely manner.

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

The department in charge of safety supervision and management of special equipment under the State Council shall incorporate the relevant technical requirements of new materials, new technologies and new processes that are allowed to be used in a timely manner into the safety technical specifications.

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

Section 2 Production

Article 18 The State implements a licensing system for the production of special equipment in accordance with the principle of classified supervision and management. Special equipment production units shall meet the following requirements and be permitted to engage in production activities with the permission of the department responsible for the supervision and management of special equipment:

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

(2) having equipment, facilities and workplaces suitable for production;

(3) It has a sound system of quality assurance, safety management and job responsibility.

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

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

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

Article 21 When leaving the factory, special equipment shall be accompanied by relevant technical information and documents such as design documents required by safety technical specifications, product quality qualification certificates, installation and use maintenance instructions, and supervision and inspection certificates, and shall be set up at prominent locations of special equipment. Product nameplate, safety warning sign and its description.

Article 22 The installation, reconstruction and repair of elevators must be carried out by the elevator manufacturing unit or the unit authorized by it in accordance with this Law. When an elevator manufacturing unit entrusts other units to install, modify, or repair an elevator, it shall provide safety guidance and monitoring of its installation, alteration, and repair, and perform verification and commissioning in accordance with the requirements of safety technical specifications. The elevator manufacturing unit is responsible for the safety performance of the elevator.

Article 23 The construction unit for the installation, modification, and repair of special equipment shall notify the department in charge of special equipment safety supervision and management of the municipality or district-level municipal people's government of the special equipment installation, modification, and repair in advance of construction. .

Article 24 After the installation, modification and repair of special equipment is completed, the construction unit that installed, modified and repaired shall transfer the relevant technical data and documents to the unit using the special equipment within 30 days after acceptance. The unit using the special equipment shall deposit it in the safety technology file of the special equipment.

Article 25 The manufacturing process of boilers, pressure vessels, pressure pipeline components and other special equipment, and the installation, transformation and major repair processes of boilers, pressure vessels, pressure pipelines, elevators, lifting machinery, passenger ropeways, large-scale amusement facilities, shall The supervision and inspection by the special equipment inspection agency shall be carried out in accordance with the requirements of the safety technical specifications. Those who have not passed the supervision inspection or failed the supervision inspection shall not leave the factory or be delivered for use.

Article 26 The State establishes a recall system for defective special equipment. If there is a defect in the identity of the special equipment that jeopardizes safety due to production reasons, the special equipment production unit shall immediately stop production and take the initiative to recall it.

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

Section III Business

Article 27 The special equipment sold by the special equipment sales unit shall meet the requirements of safety technical specifications and related standards. Its design documents, product quality certification, installation and use maintenance instructions, supervision and inspection certificates and other related technical information and documents It should be complete.

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

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

Article 28 Special equipment rental units shall not lease special equipment that has not been licensed for production or special equipment that has been phased out and scrapped by the state, and that has not been maintained and maintained in accordance with the requirements of safety technical specifications and that has not been inspected or failed inspection. device.

Article 29 The obligation to use, manage and maintain special equipment during the lease period shall be borne by the special equipment rental unit, unless otherwise provided by law or otherwise agreed by the parties.

Article 30 The imported special equipment shall comply with the requirements of China's safety technical specifications and pass the inspection. Those who need to obtain a production license for special equipment in China shall obtain a license.

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

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

Article 31 When importing special equipment, the department in charge of special equipment safety supervision and management at the place of import shall perform the obligation of advance notification.

Section 4 Use

Article 32 Units using special equipment shall use special equipment that has been produced with permission and has passed inspection.

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

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

Article 34 Units using special equipment shall establish safety management systems such as post responsibilities, hidden danger management, and emergency rescue, and formulate operating procedures to ensure the safe operation of special equipment.

Article 35 Units using special equipment shall establish special equipment safety technology archives. The safety technology file should include the following:

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

(2) Records of regular inspections and regular self-inspections of special equipment;

(3) Records of daily use of special equipment;

(4) maintenance records of special equipment and its auxiliary instruments;

(5) Records of operational failures and accidents of special equipment.

Article 36 The operating and using units of special equipment that provide services to the public, such as elevators, passenger ropeways, and large-scale amusement facilities, shall be responsible for the safety of the use of special equipment, and set up a special equipment safety management agency or a full-time special equipment safety management staff ; Other special equipment use units shall, according to the circumstances, set up special equipment safety management agencies or be equipped with full-time and part-time special equipment safety management personnel.

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

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

Article 38 If the special equipment belongs to a joint venture, the co-owner may entrust the real estate service unit or other manager to manage the special equipment, and the trustee shall perform the obligations of the special equipment using unit as stipulated in this Law and bear corresponding responsibilities. If the co-owner fails to entrust it, the co-owner or the actual manager shall perform the management obligations and bear corresponding responsibilities.

Article 39 Units using special equipment shall carry out regular maintenance and regular self-inspection of special equipment used by them and make records.

Units using special equipment shall regularly check and repair the safety accessories and safety protection devices of the special equipment they use and make records.

Article 40 Units using special equipment shall, in accordance with the requirements of safety technical specifications, submit a periodic inspection request to the special equipment inspection agency one month before the expiration of the valid period of inspection.

After receiving the regular inspection requirements, the special equipment inspection agency shall conduct safety performance inspections in a timely manner in accordance with the requirements of the safety technical specifications. Units using special equipment shall place the periodic inspection mark in a prominent position of the special equipment.

Special equipment without regular inspection or unqualified inspection shall not continue to be used.

Article 41 Special equipment safety management personnel shall carry out regular inspections on the use of special equipment and find out that problems shall be dealt with immediately; when the situation is urgent, they may decide to stop using special equipment and report to the relevant person in charge of the unit in a timely manner.

When special equipment operators discover hidden dangers or other unsafe factors during the operation, they should immediately report to the special equipment safety management personnel and relevant persons in charge of the unit; when the special equipment is not operating normally, the special equipment operators shall take effective measures in accordance with the operating regulations. ensure safety.

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

Article 43 Before the passenger ropeway and large-scale amusement facilities are put into use daily, their operating and using units shall carry out trial operations and routine safety inspections, and check and confirm safety accessories and safety protection devices.

Operators of elevators, passenger ropeways, and large-scale amusement facilities shall place the safety instructions, safety precautions, and warning signs of elevators, passenger ropeways, and large-scale amusement facilities in a prominent position that is easy for the passengers to notice.

The public riding or operating elevators, passenger ropeways, and large-scale amusement facilities shall abide by the requirements for safe use instructions and safety precautions, and obey the management and instructions of relevant staff; in the event of abnormal operation, they shall evacuate in an orderly manner in accordance with safety guidelines.

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

Boiler cleaning should be carried out in accordance with the requirements of safety technical specifications, and subject to the supervision and inspection of special equipment inspection agencies.

Article 45 The maintenance of an elevator shall be carried out by the elevator manufacturing unit or the installation, modification, or repair unit that has obtained a license in accordance with this Law.

The elevator maintenance unit shall strictly implement the requirements of the safety technical specifications during the maintenance, ensure the safety performance of the elevators it maintains, and be responsible for implementing site safety protection measures to ensure construction safety.

The elevator maintenance unit shall be responsible for the safety performance of the elevator it maintains; upon receipt of a failure notification, it shall immediately rush to the scene and take necessary emergency rescue measures.

Article 46 After the elevator is put into use, the elevator manufacturing unit shall conduct a follow-up investigation and understanding of the safe operation of the elevator it manufactures, and raise any problems in maintenance and safe operation of the elevator's maintenance unit or user unit. Suggestions for improvement and provide necessary technical assistance; when a serious accident hidden danger is found in the elevator, the unit using the elevator should be notified in a timely manner and report to the department responsible for the special equipment safety supervision and management. The elevator manufacturing unit shall make records of the investigation and understanding.

Article 47 In the case of modification or repair of special equipment, if it is necessary to change the use registration in accordance with regulations, it shall be subject to change registration before it can continue to be used.

Article 48 If there is a serious accident hazard in special equipment, there is no value for modification or repair, or other scrap conditions specified in the safety technical specifications are met, the unit that uses the special equipment shall perform the obligation to scrap according to law and take necessary measures to eliminate the use function of the special equipment , And go through the formalities for canceling the use of the registration certificate with the original registered department in charge of special equipment safety supervision and management.

If the special equipment other than the conditions for scrapping specified in the preceding paragraph can continue to be used after reaching the design service life, it shall pass the inspection or safety assessment in accordance with the requirements of the safety technical specifications and undergo a change in the use registration certificate before it can continue to be used. Where continued use is permitted, measures such as enhanced inspection, testing and maintenance shall be taken to ensure safe use.

Article 49 Filling units for mobile pressure vessels and gas cylinders shall meet the following conditions and be licensed by the department responsible for the special equipment safety supervision and management before they can engage in filling activities:

(1) having management personnel and technical personnel suitable for filling and management;

(2) having filling equipment, testing methods, site buildings, appliances, and safety facilities suitable for filling and management;

(3) Have a sound filling management system, responsibility system, and handling measures.

The filling unit shall establish an inspection and recording system before and after filling, and prohibit the filling of mobile pressure vessels and gas cylinders that do not meet the requirements of safety technical specifications.

The gas cylinder filling unit shall provide gas users with gas cylinders that meet the requirements of safety technical specifications, provide gas users with instructions for the safe use of gas cylinders, and register for the use of gas cylinders in accordance with the requirements of safety technical specifications, and report for regular inspection in a timely manner.

Chapter III Inspection and Testing

Article 50 The special equipment inspection institutions engaged in the supervision and inspection and periodic inspection specified in this Law, and the special equipment inspection institutions that provide inspection services for the production, operation and use of special equipment shall meet the following requirements and be responsible for the special equipment safety supervision Inspection and testing can only be carried out after approval by the management department:

(1) having inspection and testing personnel suitable for inspection and testing;

(2) having inspection and testing instruments and equipment suitable for inspection and testing;

(3) Have a sound inspection and testing management system and a responsibility system.

Article 51 The inspection and testing personnel of special equipment inspection and testing institutions shall undergo examination and obtain the qualifications of inspection and testing personnel before engaging in inspection and testing.

The inspection and testing personnel of special equipment inspection and testing institutions shall not practise in more than two inspection and testing institutions at the same time; if they change the practice institution, they shall go through the change procedures according to law.

Article 52 The inspection and testing of special equipment shall comply with the provisions of laws and administrative regulations, and shall be carried out in accordance with the requirements of safety technical specifications.

The special equipment inspection and testing institutions and their inspection and testing personnel shall provide safe, reliable, convenient and honest inspection and testing services to the units that produce, operate and use special equipment in accordance with law.

Article 53 The inspection and testing institutions for special equipment and their inspection and testing personnel shall issue inspection, testing reports objectively, impartially, and in a timely manner, and shall be responsible for the inspection and testing results and appraisal conclusions.

When special equipment inspection and testing institutions and their inspection and testing personnel find serious hidden dangers of special equipment during inspection and testing, they shall promptly notify the relevant units and immediately report to the department in charge of special equipment safety supervision and management.

The department in charge of the special equipment safety supervision and management shall organize supervision and spot checks on the inspection, testing results and appraisal conclusions of the special equipment inspection and testing institutions, but shall prevent repeated spot checks. The results of the supervision and random inspection shall be announced to the society.

Article 54 Units for the production, operation and use of special equipment shall, in accordance with the requirements of safety technical specifications, provide special equipment inspection and testing institutions and their inspection and testing personnel with relevant information about special equipment and necessary inspection and testing conditions, and Responsibility for authenticity.

Article 55 The special equipment inspection and testing institutions and their inspection and testing personnel shall have the obligation to keep confidential the commercial secrets learned during the inspection and testing.

The special equipment inspection and testing institutions and their inspection and testing personnel shall not be engaged in the production and operation of related special equipment, and shall not recommend or supervise the production or sales of special equipment.

Article 56 If special equipment inspection agencies and their inspectors use inspection work to deliberately make it difficult for special equipment production, operation, and use units, special equipment production, operation, and use units have the right to complain to the department responsible for the special equipment safety supervision and management, and receive The complaint department shall investigate and deal with it in time.

Chapter IV Supervision and Management

Article 57 The department in charge of the special equipment safety supervision and management shall, in accordance with the provisions of this Law, supervise and inspect the special equipment production, operation and use units and inspection and testing institutions.

The department in charge of special equipment safety supervision and management shall implement key safety supervision and inspection on special equipment in schools, kindergartens, and public gathering places such as hospitals, stations, passenger terminals, shopping malls, stadiums, exhibition halls, and parks.

Article 58 The department in charge of the safety supervision and management of special equipment shall implement the examination of permits under this Law in accordance with the conditions and procedures prescribed in this Law and other relevant laws and administrative regulations, as well as the requirements of safety technical specifications; Without permission.

Article 59 When the department in charge of special equipment safety supervision and management handles the permits prescribed in this Law, the procedures for acceptance, review, and approval must be made public, and the permits or denials shall be made within 30 days from the date of acceptance of the application. Decision of permission; if not, the applicant shall explain the reasons in writing.

Article 60 The department in charge of special equipment safety supervision and management shall establish a complete supervision and management file and information inquiry system for special equipment that is registered for use according to law; for special equipment that meets the conditions for scrapping, it shall promptly urge the unit that uses the special equipment to perform scrapping obligation.

Article 61 The department in charge of special equipment safety supervision and management may exercise the following functions and powers when performing supervision and inspection duties according to law:

(1) Entering the site for inspection, investigating and understanding the relevant situation with the principals and other persons in charge of special equipment production, operation and use units, and inspection and testing institutions;

(2) to consult and copy the relevant contracts, invoices, account books, and other relevant materials of the production, operation, and use units of special equipment and inspection and testing institutions based on the reported or obtained suspected illegal evidence;

(3) Sealing up or detaining special equipment that has evidence showing that it does not meet the requirements of safety technical specifications or has hidden dangers of serious accidents;

(4) Sealing up or detaining special equipment flowing into the market that meets the conditions for scrapping or has been scrapped;

(5) Making administrative penalty decisions for violations of the provisions of this Law.

Article 62 The department in charge of special equipment safety supervision and management shall, in the course of performing its duties in accordance with the law, discover violations of the provisions of this Law and the requirements of safety technical specifications or hidden dangers of special equipment, it shall issue a special equipment safety supervision instruction in written form. , Order the relevant units to take timely measures to correct or eliminate the hidden dangers of the accident. In case of emergency, if the relevant units are required to take emergency treatment measures, the special equipment safety supervision instruction shall be subsequently issued.

Article 63 When the department in charge of special equipment safety supervision and management discovers a major illegal act or a serious accident hidden danger in the special equipment during the performance of its duties in accordance with the law, it shall order the relevant unit to immediately stop the illegal act and take measures to eliminate the hidden danger of the accident. Report to the superior responsible for the safety supervision and management of special equipment. The department in charge of special equipment safety supervision and management that has received the report shall take necessary measures to deal with it in a timely manner.

When handling illegal acts or hidden dangers of serious accidents requires the support and cooperation of the local people's government and relevant departments, the department in charge of special equipment safety supervision and management shall report to the local people's government and notify other relevant departments. The local people's government and other relevant departments shall take necessary measures to deal with it in a timely manner.

Article 64 The departments in charge of special equipment safety supervision and management of local people's governments at various levels shall not require special equipment production units that have obtained licenses elsewhere in accordance with the provisions of this law to repeatedly obtain licenses, and may not require those who have already obtained licenses elsewhere in accordance with the provisions of this law. Repeat the inspection for the special equipment that passed the inspection.

Article 65 The safety supervisors of the department in charge of special equipment safety supervision and management shall be familiar with relevant laws and regulations, have corresponding professional knowledge and work experience, and obtain certificates for administrative enforcement of special equipment safety.

Special equipment safety supervisors shall be loyal to their duties, adhere to principles, and enforce laws impartially.

When the department in charge of special equipment safety supervision and management implements safety supervision and inspection, it shall have more than two special equipment safety supervisors to participate and present valid administrative law enforcement certificates for special equipment safety.

Article 66 The department responsible for the special equipment safety supervision and management shall carry out supervision and inspection of the production, operation and use of special equipment and inspection and testing institutions, and shall make a record of the content of each supervision and inspection, the problems found, and the processing situation, and Signed by the special equipment safety supervisors who participated in the supervision and inspection and the person in charge of the inspected unit after filing. If the person in charge of the inspected unit refuses to sign, the special equipment safety supervisor shall record the situation.

Article 67 The department in charge of the safety supervision and management of special equipment and its staff shall not recommend or supervise the production or sale of special equipment; they shall have the obligation to keep confidential the trade secrets learned during the performance of their duties.

Article 68 The department in charge of special equipment safety supervision and management of the State Council and the departments in charge of special equipment safety supervision and management of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall regularly publicize the general status of special equipment safety.

Chapter V Accident Emergency Rescue, Investigation and Handling

Article 69 The department in charge of the special equipment safety supervision and management of the State Council shall organize and formulate emergency plans for major equipment major accidents in accordance with the law, and report them to the State Council for approval and incorporate them into the national emergency plan system.

Local people's governments at or above the county level and their departments in charge of special equipment safety supervision and management shall organize and formulate emergency plans for special equipment accidents in their respective administrative areas in accordance with law, and establish or incorporate corresponding emergency response and rescue systems.

Units using special equipment shall formulate special emergency plans for special equipment accidents and regularly conduct emergency drills.

Article 70 After an accident occurs with special equipment, the accident unit shall take measures in accordance with the emergency plan, organize rescue, prevent the accident from expanding, reduce casualties and property losses, protect the scene of the accident and related evidence, and promptly report to the county where the accident occurred. The department in charge of special equipment safety supervision and management of the people's government and relevant departments report.

Upon receiving the accident report, the department in charge of special equipment safety supervision and management of the people's government at or above the county level shall verify the situation as soon as possible, report it immediately to the people's government at the corresponding level, and report it step by step in accordance with regulations. When necessary, the department in charge of special equipment safety supervision and management may report the accident situation beyond the level. For particularly serious accidents and major accidents, the department in charge of the special equipment safety supervision and management of the State Council shall immediately report to the State Council and notify the relevant departments of the State Council's work safety supervision and management department.

Units and personnel related to the accident shall not report late, misrepresent, or conceal the accident, and shall not conceal or destroy relevant evidence or intentionally damage the scene of the accident.

Article 71 The people's government in the place where the accident occurred receives an accident report, shall start an emergency plan in accordance with law, take emergency measures and organize emergency rescue.

Article 72 In the case of a particularly serious accident involving special equipment, the State Council or the relevant department authorized by the State Council shall organize an accident investigation team to investigate.

In the event of a major accident, the department in charge of the special equipment safety supervision and management of the State Council shall, in conjunction with the relevant departments, organize an accident investigation team to investigate.

In the event of a major accident, the department in charge of the special equipment safety supervision and management of the people's government of the province, autonomous region, or municipality directly under the Central Government shall organize an accident investigation team to investigate together with the relevant departments.

In the event of a general accident, the department in charge of the special equipment safety supervision and management of the municipal people's government with districts shall organize an accident investigation team to investigate with the relevant departments.

The accident investigation team shall conduct investigations according to law, independently and impartially, and submit an accident investigation report.

Article 73 The department that organizes an accident investigation shall report the accident investigation report to the people's government at the same level, and report to the department in charge of special equipment safety supervision and management of the people's government at the next higher level for the record. Relevant departments and units shall investigate the responsibility of the units and personnel responsible for the accident in accordance with the provisions of laws and administrative regulations.

Accident-responsible units shall implement rectification measures in accordance with law to prevent similar accidents from occurring. Where damage is caused by an accident, the entity responsible for the accident shall bear the liability for compensation according to law.

Chapter VI Legal Liability

Article 74 Anyone who violates the provisions of this law and engages in the production of special equipment without permission shall be ordered to stop production, confiscate the illegally manufactured special equipment, and be fined from 100,000 yuan to 500,000 yuan; Income; if installation, alteration or repair has been carried out, the company shall be ordered to return to its original state or ordered to be reinstalled, altered or repaired by the unit that has obtained the permit within a time limit.

Article 75 In violation of the provisions of this Law, if the design documents of special equipment are used without authorization for manufacturing, they shall be ordered to correct, and the special equipment manufactured illegally shall be confiscated, and a fine of 50,000 to 500,000 yuan shall be imposed.

Article 76 Whoever violates the provisions of this law and fails to conduct a type test shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined 30,000 to 300,000 yuan.

Article 77 In violation of the provisions of this law, when special equipment leaves the factory and fails to attach relevant technical information and documents in accordance with the requirements of safety technical specifications, it shall be ordered to correct within a time limit; if it is not corrected within the time limit, it shall be ordered to stop manufacturing and sales and be punished 20,000 yuan A fine of more than 200,000 yuan and less; if there is illegal income, the illegal income is confiscated.

Article 78 In violation of the provisions of this law, the construction unit that installs, remodels, or repairs special equipment fails to notify the department in charge of special equipment safety supervision and management of construction immediately before construction, or fails to provide relevant technical information within 30 days after acceptance. Those who hand over the documents to the unit using special equipment shall be ordered to make corrections within a time limit; those who fail to make corrections within the time limit shall be fined 10,000 to 100,000 yuan.

Article 79 In violation of the provisions of this Law, the manufacturing, installation, transformation, major repairs and boiler cleaning processes of special equipment shall be ordered to be corrected within a time limit without supervision and inspection; The following fines; if there is illegal income, the illegal income is confiscated; if the circumstances are serious, the production license is revoked.

Article 80 In violation of the provisions of this Law, an elevator manufacturing unit shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be fined 10,000 to 100,000 yuan:

(1) Failure to verify and debug the elevator in accordance with the requirements of safety technical specifications;

(2) During the follow-up investigation and understanding of the safe operation of the elevator, a serious accident hazard was discovered, and the elevator user was not informed in time and reported to the department responsible for the special equipment safety supervision and management.

Article 81 In violation of the provisions of this Law, a special equipment production unit shall be ordered to make corrections within a time limit; if it is not corrected within the time limit, it shall be ordered to stop production and imposed a fine of 50,000 to 500,000 yuan; if the circumstances are serious, Revoke production license :

(1) where the production conditions are no longer available, the production license has expired or production is beyond the permitted scope;

(2) Knowing that there is a defect in the identity of special equipment and not immediately stopping production and recalling it.

In violation of the provisions of this Law, a special equipment production unit that produces, sells, or delivers special equipment that is explicitly eliminated by the state shall be ordered to stop production, sales, and confiscate the special equipment that is illegally produced, sold, or delivered, and be fined 30,000 to 300,000 yuan. If there is illegal income, the illegal income shall be confiscated.

If a production unit of special equipment alters, resells, leases, or lends a production license, it shall be ordered to stop production and be fined 50,000 to 500,000 yuan; if the circumstances are serious, the production license shall be revoked.

Article 82 In violation of the provisions of this law, a special equipment operating unit shall be ordered to cease operations, confiscate special equipment operating illegally, and be fined 30,000 to 300,000 yuan; if there is illegal income, it shall be confiscated Illegal income:

(1) selling or leasing special equipment that has not been licensed for production, has not been inspected or has failed inspection;

(2) Selling or leasing special equipment that has been phased out by the state and has been discarded, or special equipment that has not been maintained in accordance with the requirements of safety technical specifications.

彩53彩票网违反本法规定,特种设备销售单位未建立检查验收和销售记录制度,或者进口特种设备未履行提前告知义务的,责令改正,处一万元以上十万元以下罚款。

彩53彩票网特种设备生产单位销售、交付未经检验或者检验不合格的特种设备的,依照本条第一款规定处罚;情节严重的,吊销生产许可证。

第八十三条违反本法规定,特种设备使用单位有下列行为之一的,责令限期改正;逾期未改正的,责令停止使用有关特种设备,处一万元以上十万元以下罚款:

彩53彩票网 (一)使用特种设备未按照规定办理使用登记的;

彩53彩票网 (二)未建立特种设备安全技术档案或者安全技术档案不符合规定要求,或者未依法设置使用登记标志、定期检验标志的;

彩53彩票网 (三)未对其使用的特种设备进行经常性维护保养和定期自行检查,或者未对其使用的特种设备的安全附件、安全保护装置进行定期校验、检修,并作出记录的;

(四)未按照安全技术规范的要求及时申报并接受检验的;

(五)未按照安全技术规范的要求进行锅炉水(介)质处理的;

(六)未制定特种设备事故应急专项预案的。

第八十四条违反本法规定,特种设备使用单位有下列行为之一的,责令停止使用有关特种设备,处三万元以上三十万元以下罚款:

(一)使用未取得许可生产,未经检验或者检验不合格的特种设备,或者国家明令淘汰、已经报废的特种设备的;

(二)特种设备出现故障或者发生异常情况,未对其进行全面检查、消除事故隐患,继续使用的;

(三)特种设备存在严重事故隐患,无改造、修理价值,或者达到安全技术规范规定的其他报废条件,未依法履行报废义务,并办理使用登记证书注销手续的。

第八十五条违反本法规定,移动式压力容器、气瓶充装单位有下列行为之一的,责令改正,处二万元以上二十万元以下罚款;情节严重的,吊销充装许可证:

(一)未按照规定实施充装前后的检查、记录制度的;

(二)对不符合安全技术规范要求的移动式压力容器和气瓶进行充装的。

违反本法规定,未经许可,擅自从事移动式压力容器或者气瓶充装活动的,予以取缔,没收违法充装的气瓶,处十万元以上五十万元以下罚款;有违法所得的,没收违法所得。

第八十六条违反本法规定,特种设备生产、经营、使用单位有下列情形之一的,责令限期改正;逾期未改正的,责令停止使用有关特种设备或者停产停业整顿,处一万元以上五万元以下罚款:

(一)未配备具有相应资格的特种设备安全管理人员、检测人员和作业人员的;

(二)使用未取得相应资格的人员从事特种设备安全管理、检测和作业的;

(三)未对特种设备安全管理人员、检测人员和作业人员进行安全教育和技能培训的。

彩53彩票网第八十七条违反本法规定,电梯、客运索道、大型游乐设施的运营使用单位有下列情形之一的,责令限期改正;逾期未改正的,责令停止使用有关特种设备或者停产停业整顿,处二万元以上十万元以下罚款:

彩53彩票网 (一)未设置特种设备安全管理机构或者配备专职的特种设备安全管理人员的;

(二)客运索道、大型游乐设施每日投入使用前,未进行试运行和例行安全检查,未对安全附件和安全保护装置进行检查确认的;

(三)未将电梯、客运索道、大型游乐设施的安全使用说明、安全注意事项和警示标志置于易于为乘客注意的显著位置的。

第八十八条违反本法规定,未经许可,擅自从事电梯维护保养的,责令停止违法行为,处一万元以上十万元以下罚款;有违法所得的,没收违法所得。

电梯的维护保养单位未按照本法规定以及安全技术规范的要求,进行电梯维护保养的,依照前款规定处罚。

第八十九条发生特种设备事故,有下列情形之一的,对单位处五万元以上二十万元以下罚款;对主要负责人处一万元以上五万元以下罚款;主要负责人属于国家工作人员的,并依法给予处分:

(一)发生特种设备事故时,不立即组织抢救或者在事故调查处理期间擅离职守或者逃匿的;

彩53彩票网 (二)对特种设备事故迟报、谎报或者瞒报的。

第九十条发生事故,对负有责任的单位除要求其依法承担相应的赔偿等责任外,依照下列规定处以罚款:

(一)发生一般事故,处十万元以上二十万元以下罚款;

(二)发生较大事故,处二十万元以上五十万元以下罚款;

(三)发生重大事故,处五十万元以上二百万元以下罚款。

彩53彩票网第九十一条对事故发生负有责任的单位的主要负责人未依法履行职责或者负有领导责任的,依照下列规定处以罚款;属于国家工作人员的,并依法给予处分:

(一)发生一般事故,处上一年年收入百分之三十的罚款;

(二)发生较大事故,处上一年年收入百分之四十的罚款;

彩53彩票网 (三)发生重大事故,处上一年年收入百分之六十的罚款。

第九十二条违反本法规定,特种设备安全管理人员、检测人员和作业人员不履行岗位职责,违反操作规程和有关安全规章制度,造成事故的,吊销相关人员的资格。

第九十三条违反本法规定,特种设备检验、检测机构及其检验、检测人员有下列行为之一的,责令改正,对机构处五万元以上二十万元以下罚款,对直接负责的主管人员和其他直接责任人员处五千元以上五万元以下罚款;情节严重的,吊销机构资质和有关人员的资格:

彩53彩票网 (一)未经核准或者超出核准范围、使用未取得相应资格的人员从事检验、检测的;

(二)未按照安全技术规范的要求进行检验、检测的;

彩53彩票网 (三)出具虚假的检验、检测结果和鉴定结论或者检验、检测结果和鉴定结论严重失实的;

(四)发现特种设备存在严重事故隐患,未及时告知相关单位,并立即向负责特种设备安全监督管理的部门报告的;

(五)泄露检验、检测过程中知悉的商业秘密的;

彩53彩票网 (六)从事有关特种设备的生产、经营活动的;

彩53彩票网 (七)推荐或者监制、监销特种设备的;

(八)利用检验工作故意刁难相关单位的。

彩53彩票网违反本法规定,特种设备检验、检测机构的检验、检测人员同时在两个以上检验、检测机构中执业的,处五千元以上五万元以下罚款;情节严重的,吊销其资格。

第九十四条违反本法规定,负责特种设备安全监督管理的部门及其工作人员有下列行为之一的,由上级机关责令改正;对直接负责的主管人员和其他直接责任人员,依法给予处分:

彩53彩票网 (一)未依照法律、行政法规规定的条件、程序实施许可的;

彩53彩票网 (二)发现未经许可擅自从事特种设备的生产、使用或者检验、检测活动不予取缔或者不依法予以处理的;

彩53彩票网 (三)发现特种设备生产单位不再具备本法规定的条件而不吊销其许可证,或者发现特种设备生产、经营、使用违法行为不予查处的;

彩53彩票网 (四)发现特种设备检验、检测机构不再具备本法规定的条件而不撤销其核准,或者对其出具虚假的检验、检测结果和鉴定结论或者检验、检测结果和鉴定结论严重失实的行为不予查处的;

(五)发现违反本法规定和安全技术规范要求的行为或者特种设备存在事故隐患,不立即处理的;

彩53彩票网 (六)发现重大违法行为或者特种设备存在严重事故隐患,未及时向上级负责特种设备安全监督管理的部门报告,或者接到报告的负责特种设备安全监督管理的部门不立即处理的;

彩53彩票网 (七)要求已经依照本法规定在其他地方取得许可的特种设备生产单位重复取得许可,或者要求对已经依照本法规定在其他地方检验合格的特种设备重复进行检验的;

彩53彩票网 (八)推荐或者监制、监销特种设备的;

(九)泄露履行职责过程中知悉的商业秘密的;

(十)接到特种设备事故报告未立即向本级人民政府报告,并按照规定上报的;

(十一)迟报、漏报、谎报或者瞒报事故的;

(十二)妨碍事故救援或者事故调查处理的;

彩53彩票网 (十三)其他滥用职权、玩忽职守、徇私舞弊的行为。

彩53彩票网第九十五条违反本法规定,特种设备生产、经营、使用单位或者检验、检测机构拒不接受负责特种设备安全监督管理的部门依法实施的监督检查的,责令限期改正;逾期未改正的,责令停产停业整顿,处二万元以上二十万元以下罚款。

特种设备生产、经营、使用单位擅自动用、调换、转移、损毁被查封、扣押的特种设备或者其主要部件的,责令改正,处五万元以上二十万元以下罚款;情节严重的,吊销生产许可证,注销特种设备使用登记证书。

彩53彩票网第九十六条违反本法规定,被依法吊销许可证的,自吊销许可证之日起三年内,负责特种设备安全监督管理的部门不予受理其新的许可申请。

彩53彩票网第九十七条违反本法规定,造成人身、财产损害的,依法承担民事责任。

违反本法规定,应当承担民事赔偿责任和缴纳罚款、罚金,其财产不足以同时支付时,先承担民事赔偿责任。

彩53彩票网第九十八条违反本法规定,构成违反治安管理行为的,依法给予治安管理处罚;构成犯罪的,依法追究刑事责任。

Chapter VII Supplementary Provisions

第九十九条特种设备行政许可、检验的收费,依照法律、行政法规的规定执行。

第一百条军事装备、核设施、航空航天器使用的特种设备安全的监督管理不适用本法。

彩53彩票网铁路机车、海上设施和船舶、矿山井下使用的特种设备以及民用机场专用设备安全的监督管理,房屋建筑工地、市政工程工地用起重机械和场(厂)内专用机动车辆的安装、使用的监督管理,由有关部门依照本法和其他有关法律的规定实施。

彩53彩票网第一百零一条本法自2014年1月1日起施行。