Current situation and Countermeasures of China's b

2022-08-26
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Discussion on the current situation and legislation of the legal system of boilers, pressure vessels and other special equipment in China

1. The current situation of the legal system

boilers, pressure vessels and pressure pipelines, as special equipment under pressure, are often accompanied by catastrophic accidents such as fire and poisoning in case of explosion or leakage; Elevators, hoisting machinery, passenger aerial ropeways, amusement machines and amusement facilities, and motor vehicles in the plant are special equipment for carrying people. Once they fail to operate, they often cause personal injury accidents; Explosion proof electrical equipment is special equipment used in places with explosion hazards. Once out of control, it often causes destructive accidents such as site explosion

because special equipment such as boilers and pressure vessels have the risk of explosion or leakage and personal injury accidents, major industrial developed countries in the world generally have formulated special laws and established a perfect legal system to regulate and manage

China currently has no special laws on special equipment

for the safety law of special pressure equipment such as boilers and pressure vessels, China is currently mainly based on the Provisional Regulations on safety supervision of boilers and pressure vessels (hereinafter referred to as the provisional regulations) issued by the State Council on February 6, 1982

the promulgation of the provisional regulations has established the basis for the establishment of the safety supervision system for special pressure equipment such as boilers and pressure vessels in China. In order to implement the implementation of the provisional regulations, the boiler and Pressure Vessel Safety Supervision Bureau formulated the detailed rules for the implementation of the Provisional Regulations on boiler and pressure vessel safety supervision (hereinafter referred to as the "detailed rules") in accordance with the authorization provisions of Article 23 of the provisional regulations, which was issued by the former Ministry of labor and personnel on August 7, 1982. Since then, relevant department regulations and normative documents have been issued successively. The people's congresses of other provinces, autonomous regions and municipalities directly under the central government have successively promulgated relevant local regulations. China has established a safety supervision system for special pressure equipment such as boilers and pressure vessels, and formed a three-level regulatory system structure of "Regulations - departmental regulations and normative documents - relevant standards and technical regulations and requirements":/p>

Level 1: regulations and regulatory documents

(1) administrative regulations: regulations issued by the State Council

Provisional Regulations on safety supervision of boilers and pressure vessels

(2) regulatory documents: detailed rules for the implementation of the Interim Regulations on safety supervision of boilers and pressure vessels (Note: as for the classification attribute of the detailed rules, the author believes that it should be a regulatory document authorized by the regulations of the State Council)

(3) local regulations: regulations adopted by the people's congresses of provinces, autonomous regions and municipalities directly under the central government

according to the constitution, the people's congresses of provinces, autonomous regions and municipalities directly under the central government and their standing committees can formulate local regulations, At present, 27 provinces, autonomous regions and municipalities directly under the central government have provided a new choice to protect the environment and formulated labor protection regulations, labor protection supervision regulations, labor safety supervision regulations, etc., of which 21 regulations have provisions related to special equipment such as boilers and pressure vessels

Level 2: departmental rules and normative documents

this part is the main connotation of the supervision system

(1) department regulations: the "measures" and "Regulations" published by the head of the Department and announced to the public in a certain way. At present, there are three "department regulations" for special pressure equipment in the form of "orders", namely "Regulations on accident handling of boiler, pressure vessel and pressure pipeline equipment" (issued by order No. 8 of the Ministry of labor on July 18, 1997) Regulations on safety supervision of small and atmospheric hot water boilers (issued by order No. 11 of the State Administration of quality and technical supervision on June 15, 2000), regulations on quality supervision of special equipment and safety supervision of leading sales of Jinan testing machine factory in 2016 (issued by order No. 13 of the State Administration of quality and technical supervision on June 29, 2000)

(2) normative documents: there are 38 "supervision and management regulations", "Safety Technology Supervision Regulations", "technical inspection rules" issued in the form of departmental documents, including 24 supervision and management regulations and methods; 8 safety supervision regulations; There are 6 technical inspection rules (see the following table of contents for details)

① supervision and management regulations in case of sudden power failure during power supply Measures:

-- measures for the supervision and administration of import and export boilers and pressure vessels

-- measures for the implementation of the safety and quality licensing system for imported boilers and pressure vessels

-- Rules for the administration of steel seals for safety supervision of boilers and pressure vessels

-- articles of association of boiler and pressure vessel inspection institute

-- Rules for the qualification approval of boiler and pressure vessel inspection institutions

-- measures for the supervision and assessment of boiler and pressure vessel inspection units

-- boiler and pressure vessel pressure pipes Rules for qualification assessment of inspectors of roads and special equipment

--- rules for qualification assessment of nondestructive testing personnel of boiler and pressure vessel

--- rules for qualification assessment of welding personnel of boiler and pressure vessel

--- measures for the management of safety technical assessment of boiler stokers

--- measures for the registration of boiler use

--- rules for the safety management of boiler room

--- rules for the supervision and management of boiler water treatment

improve and improve plastic recycling and processing technology

----Pressure vessel use registration management rules

--- pressure vessel design qualification management and supervision rules

--- pressure vessel manufacturing qualification recognition and management rules

--- medical oxygen chamber safety management regulations

--- pressure pipeline safety management and supervision regulations

--- pressure pipeline design unit qualification certification and management measures

--- pressure pipeline component manufacturing unit safety registration and management measures

--- pressure pipeline Measures for the qualification approval and management of safety registration and pressure pipe installation license review institutions of component manufacturers

--- measures for the evaluation, registration and management of safety registration and pressure pipe installation license reviewers of pressure pipe component manufacturers

--- measures for the qualification approval and management of pressure pipe component type test institutions

--- detailed rules for the implementation of qualification approval of pressure pipe installation units

② safety supervision procedures:

---- Safety Technology Supervision Regulations for steam boilers

---- safety technology supervision regulations for hot water boilers

---- safety technology supervision regulations for organic heat carrier boilers

---- safety technology supervision regulations for pressure vessels

---- safety technology supervision regulations for ultra high pressure vessels

---- safety supervision regulations for gas cylinders

---- safety supervision regulations for dissolved acetylene cylinders

---- safety supervision regulations for liquefied gas truck

③ technical inspection rules :

--- boiler product safety and quality supervision and inspection rules

--- boiler regular inspection rules

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