The Ordinance of Shenzhen Special Economic Zone on Special Equipment Safety
(Adopted at the 25th meeting of the standing committee of the 5th Shenzhen Municipal People’s Congress on Oct 29th, 2013)
Article 1 For the purposes of preventing special equipment accidents and safeguarding the safety of people and properties, this Ordinance is formulated in accordance with The Law on Special Equipment Safety of the People’s Republic of China, the basic principles of laws and administrative regulations as well as the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “the Special Zone”).
Article 2 This Ordinance shall be applicable to the production, sale, use, inspection, detection and safety supervision of special equipment within the Special Zone.
The detailed range of special equipment shall be pursuant to provisions of laws and administrative regulations.
For the purpose of this Ordinance, the production of special equipment shall include the design, manufacture, installation, repair, modification, and charging operation of mobile pressure vessels and gas bottles.
Article 3 The municipal and district people’s governments (hereinafter referred to as “the Municipal and District Governments”) shall strengthen the leadership of special equipment safety and energy saving work, guide, supervise and support special equipment supervision departments to fulfill safety supervision duties according to law; and shall increase investment, encourage to adopt advanced technology, carry out scientific management methods, and improve the level of special equipment safety and energy-saving management.
Subdistrict offices shall bring special equipment to the range of safe production examination, and assist to make efforts to bring to success the relevant work of special equipment safety supervision.
Article 4 The municipal special equipment safety supervision department and its agencies (hereinafter referred to as “the Special Equipment Safety Supervision Department”) shall carry out the duties of special equipment safety supervision prescribed in this Ordinance. An agency of the municipal special equipment safety supervision department may take specific administrative action in its own name.
The installation of elevators in the sites of construction projects as well as the installation and use of lifting machines in the sites of construction projects and dedicated automobiles inside the sites shall be supervised with regard to safety by administrative departments in charge of construction site safety supervision according to relevant laws and regulations.
The municipal fuel gas pipelines and long-distance natural gas pipelines that have been put into operation shall be supervised with regard to safety by construction administrative departments according to relevant laws and regulations.
Other relevant departments and institutions of the Municipal and District Governments shall, pursuant to their respective duties, make efforts to bring to success the relevant work of special equipment safety supervision according to law.
Article 5 The production and use units of special equipment shall perform the responsibilities of safety and energy saving, and ensure the necessary investment in safety and energy saving.
Article 6 The inspection or detection institutions as well as their relevant staffs shall carry out the work of inspection and detection independently according to law, ensure the objectivity and correctness of their work, and be responsible for the results of inspection or detection. Any units or individuals shall not intervene illegally.
Article 7 The guild of special equipment shall establish a self-discipline mechanism for the industry, promote the building of industry credit system, provide services such as training, publicity, assessment, consultancy related to the industry, strengthen the exchange within the industry, and boost the healthy development of the industry.
The Municipal and District Governments shall support the guild of special equipment to carry out relevant activities.
Article 8 Where any unit or individual finds that special equipment has potential safety danger or there is illegal behavior related to safety of special equipment, he may report to the Special Equipment Safety Supervision Department and other relevant departments. The department that receives such report shall organize the investigation and handling without delay.
The Special Equipment Safety Supervision Department shall make public the telephone numbers and the email addresses for report.
Article 9 The production, sale, use, inspection and detection units shall purchase special equipment safety liability insurance according to State provisions.
Chapter Ⅱ Production and Sale of Special Equipment
Article 10 When carrying out production activities, a production unit of special equipment (hereinafter referred to as “Production Unit”) shall abide by the following provisions:
(1) Acquiring an administrative permit according to law;
(2) Complying with the time limit, range and conditions prescribed by the administrative permit;
(3) Complying with the provisions set out in safety technical specifications;
(4) Informing the Special Equipment Safety Supervision Department in writing or via electronic message (hereinafter referred to as “informing in writing”) before carrying out the permitted business for the first time;
(5) Where there is a change to important information such as the range of administrative permit, the address of the unit and the principal person in charge, informing in writing the Special Equipment Safety Department within 5 workdays from the date of change.
Article 11 The quality, safety performance and energy efficiency index of the special equipment and related products that are manufactured by a manufacture unit of special equipment (hereinafter referred to as “Manufacture Unit”) shall comply with the requirements set out by safety technical specifications and related standards, and abide by the following provisions:
(1)The special equipment and related products that are ordered to be eliminated or prohibited to be manufactured by the State shall not be manufactured;
(2)A Manufacture Unit of large-scale recreation facilities and passenger cableways shall provide factory files, maintenance instructions and emergency processing technical guidance files;
(3) A Manufacture Unit of large-scale recreation facilities and passenger cableways shall specify the duration of service of the whole-set equipment and important parts on the carriers such as factory materials and nameplates.
Article 12 Where the special equipment has identity defects which may impair personal or property safety, the Production Unit shall promptly stop production from the date when the defects are discovered or should be known. The equipment that has been produced shall not be delivered to use. The Production Unit shall announce to the public the information on product defects, inform use units, sale units and other relevant units in time, and eliminate defects through returning goods, replacement or repair.
Article 13 An installation, repair, or modification operating unit of special equipment (hereinafter referred to as “Operating Unit”) shall be responsible for the operation quality and the indexes of safety performance and energy efficiency effected by the operation, undertake the safety management responsibilities during the operation, and abide by the following provisions:
(1)The materials, parts, components and accessories that do not conform to compulsory requirements shall not be used;
(2) Written notification shall be sent to the Special Equipment Safety Supervision Department before operation. Where there is a change to the items informed, written notification shall be sent to the Special Equipment Safety Supervision Department within 3 workdays from the date of change.
(3)The operation process shall be recorded and kept in file;
(4) Special equipment shall not be delivered for use without supervision and inspection;
(5) The technical data related to the special equipment shall be handed over to the use unit within 30 days from the date when the special equipment passes the supervision and inspection.
An Operating Unit shall not install the special equipment and related products that do not have production permits, or that are ordered to be eliminated or prohibited to be manufactured or compelled to be scrapped by the State.
Article 14 A charging operating unit of mobile pressure vessels or gas bottles (hereinafter referred to as “Charging Operating Unit”) shall conduct charging operation according to the requirements of safety technical specifications, and abide by the following provisions:
(1)Inspection on charging operation shall be conducted and charging operation records shall be kept;
(2)Mobile pressure vessels and gas bottles that are scrapped, not be inspected or detected, or fail the inspection or detection shall not be charged;
(3) Mobile pressure vessels and gas bottles shall be charged according to the specified media and volumes.
Article 15 A sale unit of special equipment (hereinafter referred to as “Sale Unit”) shall abide by the following provisions:
(1) The special equipment for sale shall conform to the safety technical specifications and relevant standards, and complete factory files shall be provided;
(2) The systems of purchase inspection and sale record shall be established for special equipment. The retention period of the records shall not be less than the duration of service of the special equipment; where there is no limited duration of service, the records shall be kept for not less than 10 years;
(3)Where the special equipment for sale has conducted use registration, furthermore, the documents such as the use registration certificate, complete safety technical data, inspection and detection qualifications shall be provided;
(4) The special equipment and related products that do not have production permits, or that are ordered to be eliminated or prohibited to be manufactured or compelled to be scrapped by the State shall not be sold.
Chapter Ⅲ Use of Special Equipment
Article 16 A use unit of special equipment (hereinafter referred to as “Use Unit”) shall use the special equipment that conforms to the requirements of safety technical specifications and energy efficiency indexes, and abide by the following provisions:
(1) The special equipment and related products that do not have production permits, or that are ordered to be eliminated or prohibited to be manufactured or compelled to be scrapped by the State shall not be used.
(2) Use of special equipment that exceeds the work parameters shall be prohibited, and use of non-pressure-bearing equipment as pressure-bearing equipment shall be prohibited either.
Article 17 Before the special equipment goes into service, the Use Unit shall submit relevant materials to the Special Equipment Safety Supervision Department according to the relevant provisions of the State, and transact use registration. Where the registration conditions are met, the Special Equipment Safety Supervision Department shall complete registration within 3 workdays.
Where there is transfer, shift, and scrapping of special equipment, or there is a change to the work parameters, the Use Unit shall submit relevant materials to the Special Equipment Safety Supervision Department according to the relevant provisions of the State, and transact the registration for change or cancellation.
Where there is need to stop using the special equipment for half a year or more, the Use Unit shall transact registration for stop of use with the Special Equipment Safety Supervision Department. Where there is need to restart using the equipment, inspection shall be passed and reuse registration shall be transacted.
Article 18 When applying for change registration for special equipment which moves in from another place, the complete safety technology archives and moving certificate issued by the special equipment safety supervision department of that place shall be submitted in addition to submission of relevant materials according to relevant provisions of the State.
Article 19 A Use Unit shall establish and implement the systems of maintenance and regular self-inspection for special equipment.
The maintenance of elevators and lifting machines shall be delegated to units which have acquired permission according to law.
Article 20 A Use Unit shall abide by the provision that special equipment shall be inspected regularly. The special equipment that has not been inspected regularly or has not passed regular inspection shall not be used continuously.
Signs of use registration, inspection and so on shall be put in a remarkable place of special equipment.
Article 21 Where the special equipment is leased or borrowed, the lessor or lender shall produce the following files of the special equipment to the lessee:
(1) The certificate of use registration;
(2) Complete safety technology archives;
(3) The inspection qualification.
Article 22 The special equipment which has one of the following circumstances shall be scrapped:
(1) The safety performance fails to conform to the requirements of safety technical specifications, and it is worthless to repair or modify;
(2) The duration of service stipulated by the Production Unit expires;
(3) A large-scale recreation facility or passenger cableway has been in service for 10 years where there is no duration of service stipulated by the Manufacture Unit.
(4) Other circumstances under which the special equipment shall be scrapped according to provisions of laws, regulations and safety technical specifications.
Article 23 A Use Unit of elevators shall transact use registration and perform safety management duties. The Use Unit of elevators shall be determined as follows:
(1) Where management is entrusted to a property service unit or other unit, the unit entrusted shall be the Use Unit;
(2) Where there is no entrustment as to management of elevators, the proprietary owner of the elevator shall be the Use Unit if there is only one owner; one of the owners shall be agreed on to be the Use Unit of the elevator and other owners shall be jointly and severally liable for safety management if there are more than one proprietary owner of the elevator.
(3) Where the elevator has been installed but not yet transferred, the construction unit of the project shall be the Use Unit.
Article 24 A Use Unit shall keep the elevators safe and suitable for use, and abide by the following provisions:
(1) The Use Unit shall appoint elevator safety management staff to manage the elevators and the special keys;
(2) The Use Unit shall install emergency call system and safeguard its effective use;
(3) Elevator safety operation monitor systems shall be installed in public meeting places such as schools, hospitals, stations, ports, markets, stadiums, exhibitions and parks (hereinafter referred to as Public Meeting Places);
(4) The Use Unit shall place maintenance signs, safety tips, warning signs, service and complaint telephone numbers in remarkable positions of elevators;
(5) The Use Unit shall stop irregular riding behaviors; and shall take effective relief measures where there are crowds to use elevators;
(6) Where an incident or breakdown that affects the safety of passengers and their belongings happens, the Use Unit shall organize and implement rescue, suspend the use of the elevator and publicize the information on suspension.
Article 25 A maintenance unit of elevators or lifting machines shall acquire relevant permits and abide by the following provisions:
(1) Signing a written maintenance contract with the Use Unit, and informing in writing the Special Equipment Safety Supervision department within 5 workdays from the date of signing or revoking the contract.
(2) Formulating and implementing maintenance proposals that shall not fail the requirements of safety technical specifications, establishing maintenance archives, and keeping the archives for not less than 4 years;
(3) Maintaining elevators at least once within 15 days and lifting machines at least once within 30 days, filling maintenance records as provided, issuing maintenance signs and acquiring maintenance confirmation by the Use Unit;
(4) Formulating emergency preplans, being equipped with rescue personnel and equipment, and conducting not less than one emergency rescue drill every six months;
(5) No subcontracting of maintenance business;
(6) Other duties stipulated in laws, regulations and safety technical specifications.
Production Units from other places that conduct elevator or lifting machine maintenance business shall have fixed business place within the Special Zone.
Article 26 A maintenance unit of elevators shall abide by the following provisions in addition:
(1) Finishing checks according to safety technical specifications before regular elevator inspections, and accepting spot-checks by special equipment inspection institutions;
(2) Informing the Use Unit, proposing suggestions and manifesting the rectifying projects and the fund needed when spotting a potential safety danger;
(3) Carrying out a 24-hour duty system and accepting breakdown reports timely. The maintenance unit shall arrive at the spot to implement rescue within 30 minutes from the time receiving a breakdown report that persons are trapped.
Article 27 Where the elevator falls in any of the following circumstances, the Use Unit shall entrust an elevator safety assessment institution (hereinafter referred to as “Assessment Institution”) to carry out safety assessment within 30 days from the date of falling in:
(1) 15 years lapses since the date of first use registration or 5 years lapses after safety assessment;
(2) An accident above minor rank happens;
(3) The Use Unit considers it necessary.
An Assessment Institution shall be responsible for the safety assessment conducted. Assessment results shall be the basis on which the funds for repair, modification, and renovation shall be applied for.
Specific measures of safety assessment shall be formulated by the municipal special equipment safety supervision department separately.
Article 28 Where the proprietary right of an elevator belongs to more than one person, the funds necessary for renovation, modification and repair shall follow the relevant provisions of property management.
Article 29 Elevator passengers shall use elevators correctly pursuant to the safety notice and warning signs, and shall not conduct following behaviors:
(1) Using an elevator manifested not in service;
(2) Opening the hall door or car door of an elevator forcibly;
(3) Taking explosives or dangerous chemicals on board an elevator;
(4) Dismantling or damaging parts, auxiliary equipment or signs of an elevator;
(5) Using an elevator over rated load;
(6) Retrograding, frolicking or lingering on an escalator or passenger conveyor in operation and its entrance or exit;
(7) Other activities that may be dangerous to personal safety or safe operation of an elevator.
Article 30 An Operating Unit of passenger cableways or large-scale recreational facilities shall be responsible for safe operation and abide by the following provisions:
(1) Conducting trial operation and routine safety check before operation everyday, and checking and confirming the effectiveness of safety protection equipment;
(2) Being equipped with appropriate number of rescue personnel, equipment and first aid articles;
(3) Organizing safety checks of passenger cableways and large-scale recreational facilities at least once per month;
(4) Putting safety tips, warning signs and telephone numbers of service and complaint in remarkable places;
(5) Formulating emergency rescue preplan, and emergency rescue measures with regard to every facility;
(6) Conducting emergency rescue drilling at least once in a year for every kind of facility.
Article 31 Where mobile special equipment travels on the road, it shall conform to the following conditions:
(1) Passing the detection by the special equipment detection institution;
(2) Transacting road travel formalities with traffic administration department of public securities authorities.
Traffic administration department of public security authorities shall transact vehicle registration and annual check after the mobile special equipment passed detection.
Article 32 A unit that carries out boiler washing shall abide by the provision of Article 13 of this Ordinance.
Article 33 Where an accident causing personal injury in the course of using or deactivating special equipment, the Use Unit shall treat and place people wounded and advance the relevant expenses. The Use Unit has the right to recourse against the party responsible for the accident after the accident responsibility determination according to the division of liability.
Chapter Ⅳ Special Equipment Operating Personnel
Article 34 Production and use units of special equipment shall be equipped with special equipment operating personnel according to provisions. Special equipment operating personnel refers to the special equipment safety management personnel, operating personnel and detecting personnel.
Special equipment operating personnel shall have relevant professional knowledge and skills, and have special equipment operating personnel qualification as provided by the State (hereinafter referred to as Operating Personnel Qualification), otherwise they may not carry out relevant work.
Article 35 Special equipment safety management personnel shall perform the following duties:
(1) Checking the using status of special equipment regularly, handling the problems found out timely. Where there is an emergency, the personnel shall take urgent measures and report to relevant persons in charge of the unit timely；
(2) Carrying out safety supervision or checking, detection in concert with the Special Equipment Supervision Department and check or detection institutions;
(3) Reporting to the Special Equipment Safety Supervision Department where there is an accident with special equipment;
(4) Other duties according to relevant provisions.
Article 36 Special equipment operating personnel shall perform the following duties:
(1) Strictly implementing safety technical specifications and operation rules, and illegal operation being prohibited;
(2) Reporting immediately to special equipment safety management personnel or person in charge when finding out a potential safety danger or occurrence of an accident of special equipment. When special equipment is not working properly, the personnel shall take security treatment measures according to operation rules;
(3) Other duties according to relevant provisions.
Article 37 Special equipment detecting personnel shall perform the following duties:
(1) Carrying out detection according to safety technical specifications and this Ordinance, issuing report and being responsible for the detection results;
(2) Informing the unit detected and proposing emergency treatment suggestions when finding out a potential safety danger;
(3) Helping the Special Equipment Safety Supervision Department publicize relevant special equipment laws and regulations of special equipment to use units;
(4) Other duties according to relevant provisions.
Article 38 Special equipment production and use units shall strengthen management of special equipment operating personnel, and abide by the following provisions:
(1) Establishing and perfecting special equipment operating personnel management system and post responsibility system;
(2) Urging special equipment operating personnel to abide by safety technical specifications and operating rules strictly;
(3) Carrying out safety education and training for special equipment operating personnel, and establishing training archives.
Article 39 Performance assessment on special equipment operating personnel and management of their Operating Personnel Qualifications shall be implemented by the municipal special equipment safety supervision department according to relevant provisions of the State.
Chapter Ⅴ Inspection & Detection
Article 40 Inspection institutions conducting special equipment inspection and detection institutions providing detection service for production, sale and use of special equipment shall abide by the following provisions:
(1) Being authorized by State special equipment safety supervision department and conducting business within the authorized range;
(2) Personnel who carry out inspection or detection shall acquire inspection or detection personnel qualifications issued by State equipment safety supervision department according to law;
(3) Informing in writing the Special Equipment Safety Supervision Department before inspection or detection;
(4) Carrying out inspection or detection according to provisions of safety technical specifications;
(5) Keeping secrets of the unit receiving inspection or detection.
An inspection or detection institution shall carry out inspection or detection within 10 workdays from the date of accepting the inspection or detection application or within the time agreed upon by both parties, provide a report within 10 workdays since completion of inspection or detection, and submit the report to municipal special equipment safety supervision department via electronic messages. Inspection or detection results may be used as technical basis of special equipment safety supervision.
Article 41 Inspection institutions shall undertake the following work:
(1) Carrying out type tests, supervision inspection, periodic inspection, snap checks and efficiency tests according to relevant provisions;
(2) Carrying out production permit evaluation, product quality inspection and appraisal for special equipment and its safety parts (accessories);
(3) Carrying out special equipment operating personnel qualification examinations;
(4) Carrying out special equipment safety assessment and accident appraisal;
(5) Spot-checking special equipment safety operation status and the implementation status of special equipment management system of the examined unit;
(6) Other work assigned by the municipal special equipment safety supervision department.
Article 42 Internal inspection institution of use units shall conduct special equipment inspection of the units within the authorized range.
Article 43 The examined unit shall provide necessary conditions for inspection or detection, and shall act in concert with inspection or detection institutions for them to carry out inspection or detection according to law.
Where the examined unit has objections to the inspection or detection result, it may propose it in writing to the inspection or detection institution within 15 workdays from the date of receiving the inspection or detection report. The inspection or detection institution shall reply the examined unit in writing within 15 workdays from the date of receiving the written objections.
Where the inspection or detection institution does not reply within the time limit or the examined unit still has objections to the written reply by the inspection or detection institution, the examined unit may apply to the municipal special equipment safety supervision department for reexamination within 15 workdays from the date on which the reply time limit expires or the date of receiving the reply. The municipal special equipment safety supervision department shall reply in writing within 15 workdays from the date of receiving the reexamination application.
The reexamination expenses shall be advanced by the examined unit that proposed the objections; where the former inspection or detection result is wrong, the reexamination expenses shall be undertaken by the former inspection or detection institution.
Chapter Ⅵ Supervision
Article 44 The Special Equipment Safety Supervision Department shall implement safety supervision on the production, sale and use units and inspection or detection institutions of special equipment according to provisions of laws, regulations and this Ordinance.
The Special Equipment Safety Supervision Department shall establish annual safety supervision and examination plan. The department shall implement intensive safety supervision and examination on prescribed key monitored units and public meeting places, and annual examination shall not be less than once.
Article 45 The Special Equipment Safety Supervision Department shall exercise the following powers:
(1) Supervising and examining the records of special equipment use registration, maintenance, routine self-checks, inspection, detection and the status that operating personnel has qualifications;
(2) Inquiring relevant personnel;
(3) Looking up and duplicating relevant materials;
(4) Sealing up or detaining the special equipment that, evidenced by proof, does not conform to the requirements of safety technical specifications or has serious potential accident dangers.
(5) Where the special equipment has a serious potential accident danger or may cause personal injury, taking emergency measures to stop use of the equipment until the potential danger clears.
Article 46 Where the production, sale, use unit and inspection or detection institution of special equipment conducts illegal activities, The Special Equipment Safety Supervision Department shall issue a special equipment safety supervision order, demand a rectification within a time limit; where emergency treatment measures are taken under emergency, a special equipment safety supervision order shall be issued afterwards.
Article 47 The Special Equipment Safety Supervision Department and relevant departments shall formulate special equipment emergency rescue preplans.
Article 48 Investigation and handling of minor special equipment accident shall be presided by the district government where the accident happens. The district government may organize directly or appoint relevant departments to organize accident investigation workgroup to conduct investigation.
Accident investigation workgroup is consisted of personnel appointed by production safety supervision department, special equipment safety supervision department, supervisory organ, public security organ and work union, and shall invite the people’s prosecutorate to assign staff to participate.
The accident report issued by the accident investigation workgroup shall be replied by the district government where the accident happens; relevant departments shall, pursuant to the reply, impose administrative penalties on responsible units and relevant personnel according to law, and impose sanctions on responsible State workers.
The investigation and handling of accidents that are major or above and involving special equipment shall be implemented according to relevant provisions of the State and Guangdong Province.
Article 49 The Special Equipment Safety Supervision Department may appoint part-time special equipment safety supervisors to act in concert with department to conduct safety supervision.
Management measures on part-time special equipment supervisor shall be formulated by the municipal special equipment safety supervision department separately.
Article 50 The municipal special equipment safety supervision department shall carry out supervision spot-checks to special equipment product quality, installation, repair, modification and maintenance quality as well as inspection or detection results. Supervision spot-checks may be delegated to third-party inspection or detection institution to carry out.
Supervision spot-checks fund shall be included in the department's annual budget.
Article 51 The municipal special equipment safety supervision department shall, in conjunction with the real circumstances of the Special Economic Zone, explore and innovate the working systems of special equipment safety supervision, inspection or detection according to the provisions of this Ordinance.
The municipal special equipment safety supervision department shall include the annual key safety supervision work into the department’s annual public service white paper and publish to the public.
Article 52 The Special Equipment Safety Supervision Department shall develop standardization evaluation criteria of special equipment safety management, and implement safety management standardization. Where a use unit falls in one of the following circumstances, the municipal special equipment safety supervision department shall authorize evaluation institutions to conduct safety management standardization evaluation:
(1) Being a key unit monitored;
(2) Being a public meeting place;
(3) Occurrence of a special equipment casualty accident.
The Special Equipment Safety Supervision Department shall guide other use units to accept safety management standardization evaluation.
Specific measures on special equipment safety management standardization evaluation shall be formulated by the municipal special equipment safety supervision department separately.
Article 53 The municipal special equipment safety supervision department and relevant departments shall establish special equipment safety credit system and credit information system, record information on inspection, detection, supervision spot-checks, safety management standardization evaluation and violation of laws and regulations, administrative penalties and accidents, and accomplish sharing of credit information.
The municipal special equipment safety supervision department may commend units or individuals that have good credit records or reach the standards of safety management standardization, and publish to the public.
Article 54 The municipal special equipment safety supervision department shall establish an accumulative score system. Where relevant units or individuals violate requirements of special equipment safety laws, regulations and safety technical specifications, besides administrative penalties imposed according to law, the violations shall be scored and classification supervision shall be implemented. Where the accumulative score of a unit or an individual reaches a prescribed number, the business of installation, repair, modification and maintenance of the unit shall be suspended, the operating personnel qualification of the individual shall be provisionally held back, education of safety laws and regulations shall be conducted, and relevant information shall be published via website, newspaper or other means.
Measures on accumulative scoring of special equipment safety supervision shall be formulated by the municipal special equipment safety supervision department separately.
Article 55 The Special Equipment Safety Supervision Department and relevant departments shall strengthen special equipment safety publicity education, popularize special equipment safety knowledge, and increase special equipment safety consciousness of the public.
Article 56 The municipal special equipment safety supervision department shall organize and set up a safety technology committee. The safety technology committee shall mainly consist of industry professionals, and representatives of parties concerned and social public figure may be invited to attend thematic meetings without voting rights.
The safety technology committee may propose supplementary suggestions that are not lower than the basic requirements of State safety technical specifications and standards, analyze the reasons of hidden safety dangers or accidents, and bring about rectifying or protective measures.
The municipal special equipment safety supervision department may adopt opinions and suggestions proposed by the safety technology committee.
Chapter Ⅶ Legal Liability
Article 57 Where a Production Unit violates provisions of Item 1or 2 of Article 10, Item 1 of Article 11, Article 12 or Paragraph 2 of Article 13 of this Ordinance, the Special Equipment Safety Supervision Department shall order it to stop production, confiscate the special equipment manufactured illegally, and impose a fine of 300,000 RMB; where there are illegal gains, the illegal gains shall be confiscated; where the circumstances are serious, a fine of 500,000RMB shall be imposed, and a suggestion to revoke the production permit according to law shall be submitted to the permit implementation department.
Article 58 Where a Production Unit violates Item 3 of Article 10 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification and impose a fine of 20,000RMB; where the circumstances are serious, a suggestion to revoke the production permit according to law shall be submitted to the permit implementation department.
Article 59 Where a Production Unit violates Item 4 or 5 of Article 10 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification and impose a fine of 3,000RMB.
Article 60 Where a Manufacture Unit of large-scale recreational facilities or passenger cableways violates Item 2 or 3 of Article 11 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, a stop of manufacture or sale shall be ordered, and a fine of 100,000RMB shall be imposed; where there are illegal gains, the illegal gains shall be confiscated.
Article 61 Where an Operating Unit or a unit conducting boiler washing violates Item 2, 3 or 5 of Article 13 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, a fine of 50,000RMB shall be imposed.
Article 62 Where an Operating Unit or a unit conducting boiler washing violates Item 1 or 4 of Article 13 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification and impose a fine of 100,000RMB; where there are illegal gains, the illegal gains shall be confiscated; where the circumstances are serious, a fine of 200,000RMB shall be imposed and a suggestion to revoke the production permit according to law shall be submitted to the permit implementation department.
Article 63 Where there is a violation of one of the circumstances prescribed in Article 14 of this Ordinance, the Special Equipment Safety Supervision Department shall order the charging operation unit to rectify, and impose a fine of 20,000RMB; where the circumstances are serious, a fine of 100,000RMB shall be imposed, and the charging operation permit shall be revoked.
Article 64 Where a Sale Unit violates Item 1, 2 or 3 of Article 15 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification and a fine of 30,000RMB shall be imposed.
Article 65 Where a Sale Unit violates Item 4 of Article 15, the Special Equipment Safety Supervision Department shall order a stop of sale, confiscate the illegal special equipment, and impose a fine that equals the goods value illegally sold; where there are illegal gains, the illegal gains shall be confiscated.
Article 66 Where there is a violation of one of the circumstances prescribed in Article 16 of this Ordinance, the Special Equipment Safety Supervision Department shall confiscate relevant special equipment of the Use Unit, and impose a fine of 100,000RMB.
Article 67 Where a Use Unit violates Article 17, Article 18, Paragraph 1 of Article 19, Paragraph 2 of Article 20, Paragraph 1 of Article 34 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, the department shall order a stop of use of relevant special equipment, and impose a fine of 30,000RMB.
Article 68 Where a Use Unit violates Paragraph 2 of Article 19, Paragraph 1 of Article 20 of this Ordinance, the Special Equipment Safety Supervision Department shall order a stop of use of relevant special equipment, and impose a fine of 30,000RMB on every illegal equipment, but the fine shall not exceed 500,000RMB at most.
Article 69 Where there is a violation of Article 22 of this Ordinance, the Special Equipment Safety Supervision Department shall order the Use Unit to stop using the relevant special equipment, and to scrap the equipment according to provisions, and shall impose a fine of 300,000RMB; where the special equipment has a serious hidden safety danger that may cause personal injury and the use unit declines to perform the obligation to scrap the equipment, the Special Equipment Safety Supervision Department shall organize to eliminate the danger, the expenses incurred shall be undertaken by the Use Unit.
Article 70 Where a Use Unit of elevators violates Item 1, 2, 3, 4 or 5 of Article 24 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, a stop of use shall be ordered, and a fine of 10,000RMB shall be imposed.
Where a Use Unit of elevators violates Item 6 of Article 24, the Special Equipment Safety Supervision Department shall order rectification, and impose a fine of 10,000RMB.
Article 71 Where there is a violation of one of the circumstances of Article 25 or 26 of this Ordinance, the Special Equipment Safety Supervision Department shall order the elevator or lifting machine maintenance unit to make rectification and impose a fine of 10,000RMB; where the circumstances are serious, a fine of 50,000RMB shall be imposed, and a suggestion to revoke the permit according to law shall be submitted to the permit implementation department..
Article 72 An elevator passenger who violates the provisions of this Ordinance and causes personal injury，property loss or elevator damage shall undertake compensation liability according to law.
Article 73 Where a Use Unit of elevators does not conduct elevator safety evaluation in violation of Article 27 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, a stop of use shall be ordered, and a fine of 20,000RMB shall be imposed.
Article 74 Where there is a violation of one of the circumstances prescribed in Article 30 of this Ordinance, the Special Equipment Safety Supervision Department shall order the operation and use unit of passenger cableways or large-scale recreational facilities to make rectification within a time limit; where the rectification does not occur within the time limit, a stop of use of the relevant special equipment shall be ordered, and a fine of 50,000RMB shall be imposed.
Article 75 Where mobile special equipment travels on the road in violation of Article 31 of this Ordinance, the traffic administrative department of public security authorities shall detain the relevant special equipment, and impose a fine of 5,000RMB. Where the party concerned accepts the handling and provides the legal origin of the detained special equipment, the traffic administrative department of public security authority shall return the detained equipment according to law.
Article 76 Where a Use Unit violates Article 33 of this Ordinance, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, a fine of 30,000RMB shall be imposed; where the circumstances are serious, a fine of 100,000RMB shall be imposed.
Article 77 Where there is violation of one of the circumstances prescribed in Article 38 of this Ordinance, the Special Equipment Safety Supervision Department shall order the production or use unit to make rectification within a time limit; where the rectification does not occur within the time limit, a fine of 10,000RMB shall be imposed.
Article 78 Where a unit or individual forges, alters, leases, lends, transfers or falsely use special equipment permits, registration, operating personnel qualifications, the Special Equipment Safety Supervision Department shall order rectification, and impose a fine of 20,000RMB on the unit, a fine of 1,000RMB on the individual; where the circumstances are serious, a fine of 100,000RMB shall be imposed on the unit and a suggestion to revoke the production permit according to law shall be submitted to the permit implementation department.
Article 79 Where there is a violation of one of the circumstances prescribed in Article 40 or 42 of this Ordinance, the Special Equipment Safety Supervision Department shall order the inspection or detection institution to make rectification and impose a fine of 100,000RMB; where the circumstances are serious, a fine of 200,000RMB shall be imposed, and a suggestion to revoke the qualifications of the institutions or relevant individuals shall be submitted to relevant departments.
Article 80 According to the provision in Article 50 of this Ordinance, where a non-conforming element is found out when spot-checking product quality, installation, repair, modification, maintenance quality, and inspection or detection results, the Special Equipment Safety Supervision Department shall order relevant units to make rectification, and impose a fine of 20,000RMB, where the circumstances are serious, a fine of 100,000RMB shall be imposed, and a suggestion to revoke relevant permits according to law shall be submitted to permit implementation department.
Article 81 Where, in violation of Article 52 of this Ordinance, the Use Unit does not accept the safety management standardize evaluation, the Special Equipment Safety Supervision Department shall order rectification within a time limit; where the rectification does not occur within the time limit, a fine of 20,000RMB shall be imposed.
Article 82 Where an evaluation or assessment institution has one of the following circumstances when conducting evaluation or assessment according to the provisions in this Ordinance, the Special Equipment Safety Supervision Department shall order rectification, and impose a fine of 20,000RMB, suspend the participation of evaluation or assessment activities by the institution and its principal person in charge for 2 years; where the circumstances are serious, a fine of 50,000RMB shall be imposed, and the institution and its principal person in charge shall be prohibited to participate in evaluation or assessment activities:
(1) Practicing fraud in evaluation or assessment activities;
(2) Extorting or accepting bribes or other profiteering;
(3) Issuing evaluation or assessment results in violation of safety technical specifications.
Article 83 Where a production or use unit of special equipment uses, changes, shifts or destroys the special equipment and its main parts that are detained without authorization, or starts to use the equipment that is sealed up before the hidden accident danger is eliminated, the Special Equipment Safety Supervision Department shall order rectification, and impose a fine of 100,000RMB; where the circumstances are serious, the use registration certificate shall be cancelled, or a suggestion to revoke the production permit according to law shall be submitted to the permit implementation department.
Article 84 Where the Special Equipment Safety Supervision Department and its staff have one of the following circumstances, administrative liability shall be pursued according to law:
(1) Failure to implement permits or registration according to provisions of this Ordinance and safety technical specifications;
(2) Failure to investigate and handle special equipment violations when spotting them according to provisions;
(3) Failure to conduct supervision and examination according to annual safety supervision and examination plan;
(4) Failure to promptly process the complaints or reports when accepting them.
Article 85 Where a violation of this Ordinance constitutes a violation of security administration, a security administration penalty shall be imposed; where a crime is constituted, criminal liability shall be pursued according to law.
Chapter Ⅷ Supplementary Provisions
Article 86 The district government referred to in this Ordinance shall include new district administrative institutions.
Article 87 This Ordinance shall come into force as of Jan 1st, 2014. The Ordinance of Shenzhen Special Economic Zone on Quality Supervision and Safety Monitoring of Boilers, Pressure Vessels, and Pressure Pipelines shall be rescinded at the same time.
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