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? Issuing authority： State Council
? Document Number： Order No. 549 of the State Council
? Date issued： 01-24-2009
? Effective date： 05-01-2009
? Level of Authority： Administrative Regulations
? Area of law：Construction Industry

Order of the State Council of the People's Republic of China (No. 549)
The Decision of the State Council on Amending the Regulations on Safety Supervision of Special Equipment has been adopted at the 46th executive meeting of the State Council on January 14, 2009. It is hereby promulgated and shall be executed from May 1, 2009.
Premier Wen Jiabao
January 24, 2009
Decision of the State Council on Amending the Regulations on Safety Supervision of Special Equipment
The State Council decides to amend the Regulations on Safety Supervision of Special Equipment as follows:

1. The first paragraph of Article 2 is amended to read: " The term ‘special equipment' in these Regulations means boilers, pressure vessels (including gas cylinders, the same below), pressure pipelines, elevators, lifting appliance, passenger ropeways, large amusement devices, and non-road vehicles, which relate to safety of human lives or have high risks."

2. The second paragraph of Article 3 is amended to read: “These Regulations are not applicable to the safety supervision of special equipment used for military equipment, nuclear facilities, aircrafts and aerospace vehicles, locomotives, offshore installations and ships, and special equipment used in underground mines and civil airports."
The third Paragraph is amended to read: "Supervision and administration of the installation and service of lifting appliances and non-road vehicles used on housing construction sites and municipal engineering sites shall be exercised by the competent construction administrative departments in accordance with the provisions of the relevant law and regulations." 2. The second paragraph of Article 3 is amended to read: “These Regulations are not applicable to the safety supervision of special equipment used for military equipment, nuclear facilities, aircrafts and aerospace vehicles, locomotives, offshore installations and ships, and special equipment used in underground mines and civil airports."
The third Paragraph is amended to read: "Supervision and administration of the installation and service of lifting appliances and non-road vehicles used on housing construction sites and municipal engineering sites shall be exercised by the competent construction administrative departments in accordance with the provisions of the relevant law and regulations."

3. The first paragraph of Article 5 is amended to read:” A unit producing or using special equipment shall establish a sound management system and a post-specific reasonability system for safety and energy conservation of special equipment."
The second Paragraph is amended to read:” The principal responsible person of a unit producing or using special equipment shall assume overall reasonability for safety and energy conservation of special equipment of the unit.”

4. One paragraph is added as the second paragraph of Article 8, which reads: "The State encourages research, development, demonstration and widespread use of energy-saving technology of special equipment and promotes renovation in and application of such technology."
One paragraph is added as the third paragraph, which reads: "A unit producing or using special equipment and a special equipment inspection and testing institution shall guarantee necessary input in safety and energy conservation."
One paragraph is added as the fourth paragraph, which reads: "The State encourages introduction of a liability insurance system for special equipment and strengthen the ability to compensate for the losses caused by accidents."

5. The second paragraph of Article 10 is amended to read: "A unit producing special equipment shall assume responsibility for the safety performance and energy efficiency index of special equipment produced by it, and shall not produce any special equipment that does not conform to the requirements on the safety performance or energy efficiency index, or any special equipment that is declared eliminated in the national industrial policies."

6. The third paragraph of Article 22 is amended to read: "A unit filling gas cylinders shall provide gas users with gas cylinders that meet the requirements of safety technical codes, guide gas users in safe service of gas cylinders, register the gas cylinders in service as required by the safety technical codes, and make a request for the periodic inspection of gas cylinders."

7. One subparagraph is added as subparagraph (6) of Article 26, which reads:” in the case of high energy-consuming special equipment, the energy efficiency testing report, the energy consumption records and the technical data for energy-saving alteration."

8. One paragraph is added as the fourth paragraph 4 of Article 27, which reads: "A unit using boilers shall, as required by the safety technical codes, treat the water (medium) used for its boilers, and accept the periodic inspection of the water (medium) quality by a special equipment inspection and testing institution."
One paragraph is added as the fifth paragraph, which reads: "A boiler cleaning unit shall clean boilers as required by the safety technical codes and accept the supervision inspection of the cleaning process by a special equipment inspection and testing institution."

9. One paragraph is added as the second paragraph of Article 29, which reads: "Where special equipment fails to conform to the energy efficiency index, the unit using such equipment shall adopt necessary measures for rectification."

10. Article 31is deleted.

11. Article 40 is changed as Article 39 and its first paragraph is amended to read: "A unit using special equipment shall educate and train its special equipment operators in safety and energy conservation of special equipment, so as to ensure that they acquire the necessary knowledge about safety and energy conservation of special equipment."

12. Article 49 is changed as Article 48 and amended to read:” Upon discovery of a serious hidden danger of an accident or serious non-conformity to the energy efficiency standards in inspection and testing of special equipment, a special equipment inspection and testing institution shall promptly inform the unit using such special equipment and immediately report the matter to the department for safety supervision and administrative of special equipment."

13. Article 53 is changed as Article 52 and its first paragraph is amended to read: "The department for safety supervision and administration of special equipment that grants licensing, approval and registration in accordance with the provisions of these Regulations shall examine of the relevant matters in strict accordance with the conditions specified in these Regulations and the requirements of safety technical codes, and shall not grant licensing, approval or registration for licensing or approval, the department for safety supervision and administration of special equipment finds that the applicant conducts the activities concerning special equipment without being licensed for forges the licensing or approval certificate, the said department shall not accept such application or grant licensing or approval and, within one year therefrom, shall not accept the applicant's any application for licensing or approval."
The third paragraph shall be amended to read: "Where the licensing of a unit is canceled in accordance with law for its violation of these Regulations, the department for safety supervision and administration of special equipment shall not accept any application from such unit within three years from the date of such cancellation."

14. Article 59 is changed to Article 58 and amended to read: "in carrying out safety supervision of entities manufacturing or using special equipment and inspection and testing institutions of special equipment, should the department for safety supervision administration of special equipment discovers a conduct of violating the provisions of these Regulations and the requirements of safety technical codes or that hidden danger of accident or non-compliance with the energy efficiency indices exist in the special equipment, it shall issue safety supervision order pertaining to the special equipment in written form giving order to the relevant entity to adopt measures promptly in making rectification or eliminating the hidden danger of accident. Where immediate measures are taken in emergency cases, the written notice shall be issued subsequently."

15. Article 62 is deleted.
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