Laws of the Shanghai Province

(Promulgated on March 5, 2002 by Decree No. 115 of the Shanghai Municipal People' s Government)

Article 1 (Purpose)

With a view to removing hidden dangers caused by illegal manufacturing, sale and use of simple and crude boilers and guaranteeing the safety of the people' s lives and properties, these Provisions are formulated in accordance with the relevant regulations of the State and this Municipality and in the light of the actual circumstances of this Municipality.

Article 2 (Meaning)

The simple and crude boilers which are illegally manufactured, sold and used as referred to in these Provisions are steam- or hot-water-producing pressured appliances which are not designed in accordance with national standards, not made of standard materials or in accordance with prescribed technology (Hereinafter referred to as "native crude boilers" ).

Article 3 (Abide by the Provisions of Relevant Laws, Regulations and Rules)

The producers and sellers shall manufacture and sell boilers which meet the quality specifications of the State in accordance with the stipulations of the relevant laws, regulations and rules.

The processing factories of bean products, food, wood, clothing and other products, and laundry stores, hairdressing shops, bathhouses and construction sites, shall use boilers with manufacturing permits.

Article 4 (Prohibition of Manufacturing, Selling and Using Native Crude Boilers)

No unit or individual person shall make boilers of simple-structure type or non-simple-structure type by converting oil or tar drums or other containers, or by rolling or welding inferior materials.

No unit or individual person shall sell or use native crude boilers.

Article 5 (Prohibition of Providing Sites or Equipment for Manufacturing or Selling Crude Boilers)

No unit or individual shall provide sites or equipment for manufacturing or selling native crude boilers.

Article 6 (Duties to Point out in Connection with House-lease)

House-owners who lease their houses to tenants who use these houses as processing factories of bean products, food, wood, clothing or other products, or as laundry stores, hairdressing shops, bathhouses, construction sites or for residence, shall warn the tenants against using native crude boilers, and shall stop them from using native crude boilers, and shall report it to the departments of quality and technology control and fire departments upon discovering that any tenant uses native crude boilers.

Article 7 (Community Supervision and Control)

Sub-district offices and the township and town people' s governments shall take as one of the key supervision and control items the use of boilers in processing factories of bean products, food, wood, clothing and other products and in laundery stores, hairdressing shops, bath-houses and construction sites in the community, and shall strengthen the regular checks.

The sub-district offices and the township and town people' s governments shall report in good time to the departments of quality and technology control and the supervisory departments of production safety upon discovering the manufacturing or selling of native crude boilers, and shall tell the native-crude-boiler user to stop using it and report to the departments of quality and technology control and fire departments upon discovering that any native crude boiler is in use.

The departments of quality and technology control shall strengthen the administrative enforcement of the law in dealing with the manufacturing, selling and use of native crude boilers in the community.

Article 8 (Notification)

In handling the registration of processing factories of bean products, food, wood, clothing and other products, and of laundery stores, hairdressing shops and bath-houses, the administrative departments of industry and commerce and the departments of quality and technology control shall notify the operators of these businesses to use boilers with manufacturing permits.

Article 9 (Exchange of Information in Connection with Law Enforcement)

The departments of quality and technology control shall pass to the administrative departments of industry and commerce in good time the information concerning their handling the cases of using native crude boilers in processing factories of bean products, food, wood, clothing and other products and in laundery stores, hairdressing shops and bath-houses.

Article 10 (Reporting and Rewarding)

Reporting against the illegal acts of manufacturing, selling or using native crude boilers is encouraged.

The departments of quality and technology control shall grant appropriate rewards after checking to those who provide clues about native crude boilers.

Article 11 (Coordination and Joining of Efforts in Law Enforcement)

The departments of quality and technology control, the supervisory departments of production safety, the administrative departments of industry and commerce, the departments of public security and the fire departments shall, in accordance with the relevant laws, regulations and rules, and with their respective functions and duties, strengthen the coordination of their efforts and the sharing of information in administrative enforcement of law in connection with manufacturing, selling and using boilers, and shall organize joint law-enforcing actions. For district or area where grave safety accidents have happened and no major improvements have been made, a notice of criticism shall be circulated.

Article 12 (Administrative Punishments and Administrative Enforcement Measures)

Those who manufacture or sell native crude boilers shall, in accordance with Article 49 of the "Law of the People' s Republic of China on the Quality of Manufactured Products" , be ordered to stop manufacturing or selling native crude boilers, with the native crude boilers (manufactured or to be sold) confiscated, and shall be imposed a fine equivalent in value to not more than three times that of all the native crude boilers manufactured or sold (including those already sold and to be sold) by the department of quality and technology control. Illegal gains shall be confiscated if there have been any illegal gains. The business license shall be revoked if the offence is serious.

Any native crude boiler in use shall be demolished and destroyed under the supervision by the departments of quality and technology control, and the user shall be imposed a fine of between not less than 10,000 and not more than 30,000 yuan according to how serious the wrongful act is. If the wrongful act is serious, the business license shall be revoked by the administrative departments of industry and commerce according to the law.

Those who provide sites or facilities for manufacturing or selling native crude boilers shall, in accordance with Article 42 of the "Regulations of Shanghai Municipality on the Supervision of the Quality of Manufactured Products" , be punished by the administrative departments of quality and technology control with their illegal gains from the sites or facilities provided be confiscated and a fine of between not less than double and not more than five times that amount of the illegal gains be imposed. The liable individual person shall be imposed a fine of between not less than 500 and not more than 5000 yuan.

House-lessors who fail to perform the responsibility of public security and do not prevent or report on the tenants' illegal act of using native crude boilers shall be given administrative punishments by the departments of public security according to the law.

Article 13 (Civil and Criminal Liabilities)

Anyone who has caused personal injury or property damage shall be liable for compensation, and shall be prosecuted for criminal liability if the wrongful act constitutes a crime.

Article 14 (Effective Date)

These Provisions shall become effective on May 1, 2002.