Laws of the Shanghai Province

(Promulgated on November 17, 2004 by Decree No. 37 of the Shanghai Municipal People' s Government)

Article 1 (Purpose)

With a view to obviating hidden dangers caused by illegal manufacturing, sale, and use of simple and crude boilers and refitting atmospheric pressure boilers into pressured ones for use, safeguarding the safety of the people' s lives and properties, these Provisions are formulated on the basis of the relevant regulations of the State and this Municipality, and in the light of the actual circumstances of this Municipality.

Article 2 (Meaning)

The term "simple and crude boilers" mentioned in these Provisions refers to the steam- or hot-water-producing pressure equipment which are not designed in accordance with the national standards, not made of standard materials or in accordance with prescribed technology (hereinafter referred to as "native crude boilers" ).

The term "atmospheric pressure boilers" mentioned in these Provisions refers to the hot-water boilers whose body is holed or open to the atmosphere by connecting pipes, and whose manometer reading on top of the body under any circumstances is nought.

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

The producers and dealers shall manufacture and sell boilers which meet the quality standards of the State in accordance with the provisions of relevant laws, rules and regulations.

The boilers used in the processing places(factories) of bean products, food, wood, clothing and other products, and the laundry stores, hairdressing shops, bathhouses and construction sites in this Municipality shall comply with the relevant provisions set by the State and this Municipality.

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.

No unit or individual person shall provide sites or facilities for the manufacturing and sale of native crude boilers.

Article 5 (Prohibition of Refitting Atmospheric Pressure Boilers into Pressure Ones for Use)

No unit or individual person shall refit atmospheric pressure boilers for the use of being pressured, or through changing boilers' structure and installing system pipelines, valves etc., refit atmospheric pressure boilers into pressure boilers.

Article 6 (House-lessors' Duty to Point out)

House-owners who lease their houses to tenants who use these houses as processing places(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 refitting atmospheric pressure boilers into pressure ones for use.

Where the house-lessors find the tenants violating Article 4 and Article 5, they shall stop the violation, and shall report it to the departments of quality and technology supervision or the fire departments.

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 the processing places(factories) of bean products, food, wood, clothing and other products and in the laundery stores, hairdressing shops, bath-houses and construction sites in their communities, provide assisting managing personnel, and shall strengthen the regular checks and inspection tours.

Where the sub-district offices and the township and town people' s governments discover the acts in violation of these Provisions, they shall notify the persons concerned to stop the use of boilers, and report in good time to the departments of quality and technology supervision, the supervisory departments of production safety and fire departments.

Article 8 (Notification)

In handling the registration of processing places(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 shall notify the operators of these businesses to use the boilers in compliance with the provisions set by the State and this Municipality.

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

The departments of quality and technology supervision 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 and refitting atmospheric pressure boilers into pressure ones for use 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 and refitting atmospheric pressure boilers into pressure ones for use is encouraged.

The departments of quality and technology supervision shall grant appropriate rewards after verification to those who provide clues about using native crude boilers and refitting atmospheric pressure boilers into pressure ones for use.

Article 11 (Law Enforcement and Inspection)

The departments of quality and technology supervision shall strengthen the selective inspection on the use of boilers, and launch special inspection according to actual needs.

The departments of quality and technology supervision, the supervisory departments of safe production, the administrative departments of industry and commerce, the departments of public security and the fire departments shall, in accordance with the relevant laws, rules and regulations, perform their respective functions and duties, strengthen the coordination and the exchange of information in administrative law enforcement in connection with manufacturing, selling and using boilers, and shall organize joint law-enforcing actions. Any area where grave safety accidents have occurred and no major improvements have been made shall be circulated in notices of criticism.

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 by the departments of quality and technology supervision to stop manufacturing or selling native crude boilers, with the native crude boilers (manufactured or to be sold) confiscated, and shall be cumulatively 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). Illegal gains, if any, shall be confiscated. 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 of the departments of quality and technology supervision, 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.

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" , shall be punished by the administrative departments of industry and commerce by confiscating their illegal gains from providing the sites or facilities and by imposing a fine of between not less than one and not more than five times the amount of the illegal gains. The liable person shall be imposed a fine of between not less than 500 and not more than 5000 yuan.

Those who use atmospheric pressure boilers as pressure ones, or refit atmospheric pressure boilers into pressure ones through changing boilers' structure and installing system pipelines, valves etc. shall be ordered by the departments of quality and technology supervision to make a correction, and be cumulatively imposed a fine of between not less than 5,000 yuan and not more than 30,000 yuan.

House-lessors who fail to perform the duty of public security and fail to prevent or report against the tenants' illegal act of using native crude boilers and refitting atmospheric pressure boilers into pressure ones for use in the leased houses shall be given administrative punishments by the departments of public security according to law.

Article 13 (Civil and Criminal Liabilities)

Anyone who has caused personal injury or property damage due to his/her manufacturing, selling and using native crude boilers or refitting atmospheric pressure boilers into pressure ones for use 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 the date of promulgation. The "Provisions of Shanghai Municipality on the Prohibition of Illegal Manufacturing, Sale and Use of Simple and Crude Boilers" promulgated on March 5, 2002 by the Shanghai Municipal People' s Government shall be repealed on the same date.