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Public Notice of the Standing Committee
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of the Shenzhen Municipal People' s Congress
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(No.
50) |
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Regulations of the
Shenzhen Special Economic Zone on the Quality Control and Safety
Supervision
of Pressure Pipelines, Pressure Containers and
Boilers was
adopted at the Sixteenth Meeting of the Standing Committee of
the Third Shenzhen Municipal People'
s Congress on June 26,
2002 and is now proclaimed. It will take effect as of September
1, 2002. |
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The
Standing Committee of the Shenzhen Municipal People' s Congress |
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July
11, 2002 |
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Resolution of the Standing Committee of the Shenzhen
Municipal People' s Congress on Revising of Regulations
of the Shenzhen Special Economic Zone on the Quality Control and
Safety Supervision
of Pressure Pipelines, Pressure Containers
and Boilers
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(Adopted
at the Thirty-Second Meeting of the Standing Committee of the
Third Shenzhen Municipal
People' s Congress on June 25, 2004) |
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At the Thirty-Second Meeting, the Standing Committee of
the Third Shenzhen Municipal People' s Congress deliberated
the
proposal of the Shenzhen Municipal People' s Government on
deliberation of Amendments
to 28 Enactments such as 'Regulations of the Shenzhen Special
Economic Zone on Labor
Service Workers' etc. In order to
implement Law of the People' s Republic of China on Administrative License,
it is decided to revise Regulations
of the Shenzhen Special Economic Zone on the Quality Control and
Safety Supervision
of Pressure Pipelines, Pressure Containers
and Boilers as follows: |
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"obtain
approval from the department of safety supervision, and operate
within the approved scope
of business." in the first section
of Article 7 shall be changed to "obtain permission according
to the related rules of the state, and operate within the
permitted scope of business." |
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"shall
report the related technological data and a construction plan to
the department of safety
supervision before construction is
started." in the first section of Article 10 shall changed to
"shall, before construction, inform the department of safety
supervision in writing of the planned installation,
rebuilding
of special equipments, and construction may be started after
informing." |
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Article
11 and Article 13 shall be deleted. |
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"Its
maintenance plan shall be reported to the department of safety
supervision for record." in
Article 14 shall be changed to
"Before construction, a maintenance unit shall inform the
department
of safety supervision in writing of the state of
maintenance, and construction may be started after informing."
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"shall
go to the department of safety supervision to exchange
certificates or have their certificates
examined before
practicing and then may be allowed to take up posts."
in the second section of Article 18 shall be changed to
"shall go through the formalities of verification of their
qualification certificates at the department of safety
supervision before practicing." |
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Item
(1) of Article 41 shall be changed to "in violation of Article
10 of these regulations, failing
to inform, before construction,
the department of safety supervision in writing of the
installation,
rebuilding, and maintenance of special equipments
and starting construction right away;" . |
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Item
(2) of Article 41 shall be changed to "in violation of
Articles 11 of these regulations, failing
to sell products
according to the rules;" . |
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Item
(3) of Article 41 shall be changed to "in violation of Article
12 of these regulations, failing
to inform, before construction,
the department of safety supervision in writing of the state of
maintenance and starting construction right away." |
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The order of part of articles and the order numbers of
cited articles shall be adjusted correspondingly according
to
this resolution. |
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This resolution shall take effect as of the date of
promulgation. |
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Regulations of the
Shenzhen Special Economic Zone on the Quality Control and Safety
Supervision
of Pressure Pipelines, Pressure Containers and
Boilers
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(Adopted
at the Sixteenth Meeting of the Standing Committee of the Third
Shenzhen Municipal People'
s Congress on June 26, 2002, revised
at the Thirty-Second Meeting of the Standing Committee of the
Third Shenzhen Municipal People' s Congress on June 25, 2004) |
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Chapter I General
Provisions
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Article 1 In
order to ensure and standardize the safe operation of pressure
pipelines, pressure containers
and boilers, guarantee the
personal and property safety, and maintain social stability,
these regulations
are hereby formulated in accordance with the
basic principles of the related law and regulations of the state
and in compliance with the practical conditions of the Shenzhen
Special Economic Zone (hereinafter
referred to as "the Special
Zone" ) |
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Article 2 These
regulations shall apply to the following activities related to
boilers, pressure containers,
and pressure pipelines: |
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(1)
designing, manufacturing, assembling, selling,
installing, operating, examining, repairing and rebuilding, and
chemical cleaning; |
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(2)
manufacturing, selling, repairing and maintaining of
safety accessories, protective devices, auxiliary facilities; |
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(3)
manufacturing and selling of the related materials such
as pressure components, water treatment chemicals, etc.; |
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(4)
gas filling and engaging in gas business. |
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These
regulations shall not be applied to the boilers, pressure
containers and |
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pressure
pipelines for ships, locomotives, nuclear devices, and military
equipments. |
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Article 3 The
boilers referred to in these regulations shall mean steam
boilers, organic heat carrier boilers,
and hot water boilers
with specified working pressure higher than 0.1 megapascals. |
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The pressure containers referred to in these regulations
shall mean pressure containers with a maximum working pressure
higher than 0.1 megapascals. |
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The pressure pipelines referred to in these regulations
shall mean |
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(1)
the pipelines with a carrying medium which is rated as
"extreme" according to its toxicity or as "A" , "B"
according to its danger for fire; |
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(2)
the pipelines with a maximum working pressure higher than
0.1 megapascals and a carrying medium which is gas, steam,
and
LPG |
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(3)
the pipelines with a maximum working pressure higher than
0.1 megapascals and a carrying medium which is inflammable,
combustible, toxic, corrosive or a liquid with a maximum working
temperature higher than the standard
boiling point. |
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Article 4 The
Shenzhen municipal department of the quality control and |
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safety
supervision of boilers, pressure containers and pressure
pipelines (hereinafter abbreviated
as "the department of
safety supervision" ) shall be responsible for the
implementation of these
regulations. |
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People' s governments at various levels and their
related administrative departments in charge of planning, land,
construction, firefighting, safe production, etc. shall work
together, according to their different
duties, in well-conducted
safety management of boilers, pressure containers and pressure
pipelines. |
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The various units manufacturing or using boilers,
pressure containers and pressure pipelines shall vigorously
ensure safe operation according to the related law, regulations,
rules of the state and these regulations. |
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Article 5 As a legally
registered self-disciplining social group, the Shenzhen
Municipal Trade Association
of Boilers, Pressure Containers and
Pressure Pipelines shall execute its duties according to law,
regulations, rules and the Association' s articles, and accept
the direction of the department of safety supervision. |
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The main duties of the Association shall be as follows: |
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(1)
to formulate the standards of conduct and the norm of
morality of this trade; |
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(2)
to arrange a trade-wide technological exchange, promote
the continuing improvement in technology and management of
this
trade; |
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(3)
to organize the training programs for the people engaged
in this trade; |
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(4)
to conduct trade coordination and consulting services,
listen to the members and report their complaints and
suggestions, and protect the legal rights of the members; |
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(5)
to accept the relegations from government offices,
participate in safety inspection, accident investigation, etc. |
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Chapter II Approval and
Management of Qualifications
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Article 6 Units undertaking
the following activities shall obtain licenses issued by the
state or the provincial
department of safety supervision
according to the related rules and operate within the scope of
business prescribed by their licenses: |
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(1)
designing, manufacturing, installing, chemical cleaning
of boilers, pressure containers and pressure pipelines; |
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(2)
manufacturing of the related materials such as safety
accessories, protective devices, auxiliary facilities, pressure
components, water treatment chemicals, etc. of boilers, pressure
containers and pressure pipelines; |
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(3)
gas filling. |
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Article 7 Units
which are engaged in repairing and rebuilding of boilers, |
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pressure
containers and pressure pipelines and in maintenance of safety
accessories, protective
devices, auxiliary facilities (
hereinafter referred to as "maintenance" ) shall meet the
following
requirements, obtain permission according to the
related rules of the state, and operate within the permitted
scope of business: |
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(1)
to obtain a business license according to law; |
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(2)
to have a
certain number of the personnel for safety technology management
and special operations; |
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(3)
to have appropriate sites and working equipments; |
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(4)
to have a sound system of quality control. |
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Article 8 A
unit undertaking the activities referred to in Articles 6, 7 of
these |
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regulations
shall not allow the others to contract any project in the name
of this unit. |
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Article 9 A
unit undertaking the activities referred to in Articles 6, 7 of
these regulations shall vigorously
carry out the rules of the
quality guarantee system; if there is a change of the legal
representative
or the related responsible persons of the quality
guarantee system, and special operation personnel, it shall be
reported to the department of safety supervision for record in 5
business days. |
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Article 10 A
construction unit engaged in installing of boilers, pressure
containers and pressure pipelines,
and in major repairing,
rebuilding and chemical cleaning of pressure parts shall, before
construction,
inform the department of safety supervision in
writing of the planned installation, rebuilding of special
equipments, and construction may be started after informing. |
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The construction unit shall do its work according to the
technological data, technological standards and construction
plan, and shall not change technological requirements without
authorization; after the construction
has been examined and
accepted, the construction unit shall hand over all the data of
the completed
construction to the user unit. |
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Article 11 A
unit engaged in selling boilers, pressure containers and
pressure pipelines, and their safety
accessories, protective
devices, auxiliary facilities, pressure components, water
treatment chemicals
shall guarantee the quality and traceability
of their products for sale, and provide the related data for
buyers in accordance with law, regulations and rules. |
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Article 12 A
maintenance unit shall, in compliance with the maintenance rules
formulated by the department
of safety supervision, conduct the
regular maintenance of equipments. Before construction, a
maintenance
unit shall inform the department of safety
supervision in writing of the state of maintenance, and
construction may be started after informing. |
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Article
13 A unit engaged in gas business shall establish a system
of quality and safety management, and conduct the regular
maintenance and inspection of its pressure containers and
pipelines in use. |
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A unit
engaged in gas business shall not sell and use the gas cylinders
which fail to meet the standards
or the gas cylinders without
valid certificates to prove that they have successfully passed
inspections. |
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Article 14 A
gas filling unit shall abide by the related rules on filling of
gas cylinders, automobile- and
railroad-tankers, inspect item by
item before and after filling, and keep a filling record. |
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Gas filling shall be forbidden if there is one of
following situations: |
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(1)
automobile- and railroad-tankers have no permits for
their use issued by the department of safety supervision; |
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(2)
gas cylinders, automobiles and railroad tankers have no
valid certificates to prove that they have successfully passed
inspections; |
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(3)
the accessories of a cylinder are not all in readiness
and the signs do not comply with the rules; |
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(4)
the drivers, escorts of automobile- and railroad-tankers
do not have the qualification certificates of professional
training issued by a department of safety supervision at a level
higher than a provincial one; |
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(5)
the other situations in which gas filling is forbidden
according to the state technological regulations and standards |
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A
gas filling unit shall have a system for the second check of the
weight after |
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filling,
and overfilling shall be forbidden. |
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Article 15 The
special operation personnel and safety technology managerial
personnel of boilers, pressure
containers and pressure pipelines
shall have training on safety technology and operation skills in
corresponding specialties. |
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A training unit shall work out training programs and
organize training in accordance with the related state rules
on
examinations. The department of safety supervision shall be
responsible for supervision of training. |
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Article 16 The
special operation personnel and safety technology managerial
personnel of boilers, pressure
containers and pressure pipelines
shall be examined by the department of safety supervision
according
to the rules and obtain qualification certificates
before taking up their posts. |
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As for the special operation personnel and safety
technology managerial personnel of boilers, pressure containers
and pressure pipelines who hold qualification certificates
issued in other places, if they want
to practice their
profession in this city, they shall go through the formalities
of verification
of their qualification certificates at the
department of safety supervision before practicing. |
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Chapter III Use and
Management
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Article 17 A
user unit shall be responsible for the safety of boilers,
pressure containers and pressure pipelines
which the unit is
using. |
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The user unit referred to in these regulations shall mean
the owner of boilers, pressure containers and pressure
pipelines, if there are any other terms agreed on by the owner
and actual user or related persons,
these terms shall be
honored. |
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Article 18 A
user unit shall not use or purchase the boilers, pressure
containers and pressure pipelines, and
their safety accessories,
protective devices, auxiliary facilities, pressure components,
water
treatment chemicals, etc. which are produced by a unit
that has no license. |
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Article 19 A
user unit shall entrust in writing a qualified unit with
installing, repairing and rebuilding,
and chemical cleaning of
boilers, pressure containers and pressure pipelines. |
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Article 20 A
user unit shall report the plane figure of its plan to the
department of safety supervision for
examination before looking
for a location of a boiler room, pressure containers station or
pipeline
routes. |
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Article 21 After
installing of boilers, pressure containers and pressure
pipelines has been completed, a user
unit shall organize an
examination and acceptance which shall be attended by a
representative from
the department of safety supervision. |
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After the examination and acceptance, the user unit shall
bring the related data to the department of safety supervision
to go through the formalities for use or registration before
starting operation. |
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Article 22 A
user unit shall, in accordance with the number and safety
features of existing boilers, pressure
containers and pressure
pipelines, provide full-time or part-time safety technology
personnel to
be in charge of safety management and engage
appropriate special operation personnel to operate. |
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Article 23 A
user unit shall establish and vigorously implement various
safety management rules. |
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A unit storing or shipping the pressure containers,
pressure pipelines with combustible, explosive, and toxic medium
shall work out a patrol route inspection system, emergency
measures, and rescue plans. |
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Article 24 A
boiler user unit shall take effective measures for water
treatment and ensure that the quality
of boiler water meet the
standards set by the state. |
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Article 25 If
a user unit has one of the following equipments, it shall
entrust in writing a qualified unit
with regular maintenance: |
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(1)
pressure boilers except for small boilers; |
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(2)
No. 3 pressure containers, No. 2 pressure containers with
combustible and toxic medium; |
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(3)
medical oxygen cabin; |
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(4)
pipelines with combustible, explosive, and toxic medium. |
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Article 26 A
user unit shall make rectifications on the hidden safety
troubles |
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found
in equipment tests and inspections according to test reports or
safety supervision suggestions. |
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Article 27 A
user unit shall establish equipment technological files and keep
a operation record, store materials
such as equipment
technological documents, test reports, maintenance records, etc.
in an appropriate
way. |
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Article 28 If
boilers, pressure containers need to be removed within the city
or moved in from other places
and reinstalled, a user unit shall
bring the following materials to the department of safety
supervision
to go through the formalities for removing and
reinstalling, and start installing after approval by the agency
of supervision and inspection: |
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(1)
the technological data provided by manufacturers; |
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(2)
all the test reports; |
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(3)
the registration certificate of the original user; |
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(4)
the removal certificate provided by a local department of
safety supervision in case of moving in from the other
place. |
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If
boilers, pressure containers have to be transferred, out of
operation, or scrapped, |
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a
user unit shall go through the formalities for change or
cancellation at the department of safety
supervision. |
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Chapter IV Supervision
Tests and Regular Tests
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Article 29 A system of
supervision tests shall be brought into effect for
manufacturing, installing, repairing
and rebuilding, and
chemical cleaning of boilers, pressure containers and pressure
pipelines. |
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Article 30 A
user unit shall, on its own initiative, apply for regular tests
of currently-operating boilers,
pressure containers and pressure
pipelines, and their safety accessories, protective devices, and
auxiliary facilities. The items and cycle of tests shall be set
according to the state rules. |
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A test unit shall charge for tests and measuring
according to the rates set by the department in charge of
prices. |
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Article 31 A
test unit and test personnel shall obtain appropriate
qualifications verified by the provincial
department of safety
supervision, and be responsible for the results of their tests. |
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A test unit and test personnel shall keep the
technological and commercial secrets of a tested unit. |
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Article 32 If
a user unit refuses to accept the result issued by a test unit,
the user unit shall appeal to
the department of safety
supervision in 7 business days from the date of receiving the
test report,
and the department of safety supervision shall
reply in writing in 15 business days. |
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Chapter V Supervision
and Inspection
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Article 33 When a
department of safety supervision conducts the quality control
and safety supervision of boilers,
pressure containers and
pressure pipelines according to law, at least two of the
supervision staff
shall take part and present their law
enforcement identity certifications. |
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Article 34 When
conducting the quality control and safety supervision, the
supervision staff may exercise the
following functions and
powers: |
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(1)
to enter the scene for supervision and inspection or
accident investigation; |
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(2)
to collect related evidence materials, including looking
up, copying related materials such as invoices, contracts,
documents, etc.; |
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(3)
to issue Notice on
Safety Supervision Opinion to a unit which, in violation of
these regulations or the related state rules, has hidden safety
troubles, set a deadline for correction, and order stopping
operations of its equipments. |
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Article 35 If
there is one of the following situations, a department of safety |
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supervision
may make a decision on seizure and distress of the related
equipments or products: |
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(1)
they are forbidden to be manufactured, sold, used
according to law, regulations and rules; |
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(2)
they have hidden safety troubles; |
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(3)
they are the evidence that might be destroyed or lost; |
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(4)
they have not been dealt with by rectification after the
deadline. |
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The
term of seizure and distress shall not last beyond 60 days, if
it is a special |
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case,
the term may be extended for an appropriate period after
approval by the person in charge
of the department of safety
supervision, but no more than 30 days. |
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If the seized, distressed equipments are the ones
referred to in Item (1) of the first section of this article,
the department of safety supervision shall order the unit of
manufacturing, selling, or using these
equipments to do
dismantling or scrapping; if the order has been rejected, the
department of safety
supervision may execute the order instead,
and the party concerned shall be held liable for the related
expenses. |
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Article 36 If
any unit and individual have discovered that boilers, pressure
containers and pressure pipelines
have hidden safety troubles,
they shall have the right to report to the department of safety
supervision
or other related departments. |
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If a report is true, the department of safety supervision
and other related departments shall give a reward in accordance
with the related rules of the municipal people' s government. |
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Article 37 If
there is an accident of boilers, pressure containers and
pressure pipelines, the unit where the
accident occurs shall
report and deal with the accident according to the related
rules. |
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Chapter VI Legal
Liabilities
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Article 38 In case of
violation of Articles 6, 7, 8 of these regulations by
undertaking the related business
activities illegally, the
department of safety supervision shall order correction by a
deadline,
confiscate illegal earnings, and impose a fine of more
than 20,000 but less than 50,000 RMB. |
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If the circumstances are serious in violation of Article
6 of these regulations, a fine of more than 50,000 but less
than
100,000 RMB shall be imposed. |
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Article 39 If
there is one of the following situations in violation of these
regulations, the department of
safety supervision shall order
correction by a deadline, confiscate illegal earnings, and
impose
a fine of more than 3,000 but less than 10,000 RMB: |
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(1)
in violation of Article 10 of these regulations, failing
to inform, before construction, the department of safety
supervision in writing of the installation, rebuilding, and
maintenance of special equipments
and starting construction right away; |
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(2)
in violation of Articles 11 of these regulations, failing
to sell products according to the rules; |
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(3)
in violation of Article 12 of these regulations, failing
to inform, before construction, the department of safety
supervision in writing of the state of maintenance and starting
construction right away. |
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Article 40 In
case of violation of the second section of Article 13, Article
14 of these regulations by undertaking
gas business or gas
filling illegally, the department of safety supervision shall
order correction,
confiscate illegal earnings and illegal
articles, and impose a fine of more than 10,000 but less than
50,000 RMB. |
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Article 41 In
case of violation of Articles 16, 22 of these regulations by
taking up a post without certificate,
the department of safety
supervision shall order correction, and impose a fine of more
than 5,000
but less than 10,000 RMB on the unit violating the
law; a fine of less than 5,000 RMB shall be imposed on the
person who took the post of special operation without
certificate. |
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In case of violation of the operation rules by any of the
special operation personnel with certificate, a fine of
less
than 3,000 RMB shall be imposed; if the circumstances are
serious, the department of safety
supervision shall revoke the
related qualification certificate. |
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Article 42 If
there is one of the following situations in violation of these
regulations, the department of
safety supervision shall order
correction by a deadline, and impose a fine of more than 5,000
but
less than 20,000 RMB: |
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(1)
in violation of Article 18 of these regulations, using
the products that are manufactured illegally; |
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(2)
in violation of Article 19 of these regulations, a user
unit has failed to go through the formalities for entrustment
according to the rules; |
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(3)
in violation of the second section of Article 21 of these
regulations, failing to go through the formalities for
use or
registration according to the rules; |
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(4)
in violation of Article 24 of these regulations, the
water quality has failed to meet the standards set by the state; |
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(5)
in violation of Article 25 of these regulations, failing
to do regular maintenance according to the rules; |
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(6)
in violation of Article 26 of these regulations, failing
to do rectification according to the requirements; |
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(7)
in violation of Article 27 of these regulations, failing
to establish technological files according to the rules; |
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(8)
in violation of Article 28 of these regulations, failing
to go through the related formalities. |
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Article 43 If
a user unit, in violation of Article 30 of these regulations,
has failed |
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to
apply for regular maintenance after the deadline, the department
of safety supervision shall
order correction by a deadline; if
the circumstances are serious, a fine of more than 10,000 but
less than 20,000 RMB shall be imposed. |
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Article 44 If
a test unit has forged a test result or issued a false
certificate, the department of safety
supervision shall order
correction, impose a fine of more than 50,000 but less than
100,000 RMB
on the unit and a fine of more than 10,000 but less
than 50,000 RMB on the directly responsible person in charge
and
other directly responsible persons, and confiscate illegal
earnings; if the circumstances are
serious, the unit shall be
disqualified for testing; if a crime has been constituted, the
criminal
responsibility shall be ascertained according to law. |
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If a test unit has issued a false result or certificate
and caused damages, the unit shall be held liable for
appropriate compensation; if the damages are serious, the unit
shall be disqualified. |
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Article 45 If
any staff member of the department of safety supervision has
abused power, neglected duties,
practiced favoritism and engaged
in irregularities, betrayed or plagiarized commercial secrets, a
disciplinary sanction shall be imposed according to law; if a
crime has been constituted, the criminal responsibility
shall be
ascertained according to law. |
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Chapter VII
Supplementary Provisions
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Article 46 The safety
accessories referred to in these regulations shall include
safety valves, bursting disks,
and devices for pressure
measuring, liquid level displaying, temperature displaying, etc. |
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The protective devices referred to in these regulations
shall include the devices for pressure control and alarm,
liquid
level control and alarm, temperature control and alarm,
emergency cut-off, safe chain protection,
combustion control and
alarm, etc. |
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The auxiliary facilities referred to in these regulations
shall include vaporization furnaces, valves, and equipments
for
combustion, water supply, water treatment, etc. |
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Article 47 "higher
than" , "lower than" , "more than" , "less than" a
number in these regulations shall
include that number itself. |
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Megapascal referred to in these regulations shall mean
the measuring unit for pressure according the international
system, and the pressure unit, 1 kilogram/square cm, originally
used in this country shall be equivalent
to 0.098 megapascals. |
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The standards used in these regulations to classify
pressure containers shall follow Rules
on Safety Technology Supervision of Pressure Containers
formulated by the State Quality and Technology Supervision
Administration. |
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Article 48 The
safety and quality management for the boilers with normal
pressure shall be conducted in the
light of these regulations. |
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Article 49 The
gas pipelines shall be managed according to the related state
regulations and Gas Regulations of the Shenzhen Special Economic Zone. |
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Article 50 The
Shenzhen Municipal People' s Government may formulate the
related implementation measures according
to these regulations. |
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Article 51 These
regulations shall take effect as of September 1, 2002. |
