The Regulations on the Safety Supervision and Management of Construction Cranes, Order No. 166 of the Ministry of Construction of the People's Republic of China, was discussed and adopted at the 145th executive meeting of the Ministry of Construction on January 8, 2008. It is hereby promulgated and shall come into effect on June 1, 2008.
Minister of Construction Wang Guangtao
January 28, 2008
Article 1: In order to strengthen the safety supervision and management of construction lifting machinery, prevent and reduce production safety accidents, and ensure the safety of people's lives and property, this regulation is formulated in accordance with the "Regulations on Safety Production Management of Construction Projects", "Regulations on Safety Supervision of Special Equipment", and "Regulations on Safety Production Licenses".
Article 2: The leasing, installation, dismantling, use, and supervision and management of construction lifting machinery shall be governed by these regulations. The construction lifting machinery referred to in these regulations refers to the lifting machinery that is included in the special equipment catalog and installed, dismantled, and used on housing construction sites and municipal engineering sites.
Article 3: The competent construction department of the State Council shall supervise and manage the leasing, installation, dismantling, and use of construction lifting machinery throughout the country. The competent construction departments of local people's governments at or above the county level shall supervise and manage the leasing, installation, dismantling, and use of construction lifting machinery within their respective administrative areas.
Article 4: The construction lifting machinery leased by the lessor and purchased, leased, or used by the user shall have a special equipment manufacturing license, product qualification certificate, and manufacturing supervision and inspection certificate.
Article 5: Before the first rental of construction lifting machinery, the leasing unit shall, before the first installation of the construction lifting machinery, bring the special equipment manufacturing license, product qualification certificate, and manufacturing supervision and inspection certificate of the construction lifting machinery to the construction competent department of the local people's government at or above the county level where the unit's industrial and commercial registration is located for filing. Article 6: The leasing unit shall clearly define the safety responsibilities of both parties in the signed leasing contract for construction lifting machinery, and provide a special equipment manufacturing license, product qualification certificate, manufacturing supervision and inspection certificate, filing certificate, and self inspection certificate for construction lifting machinery, and submit installation and use instructions.
Article 7: Construction lifting machinery that falls under any of the following circumstances shall not be rented or used:
（1） Those that are explicitly eliminated or prohibited from use by the state;
（2） Exceeding the safety technical standards or the service life specified by the manufacturer;
（3） Those who fail to meet the safety technical standards after inspection;
（4） Without complete safety technical records;
（5） Without complete and effective safety protection devices.
Article 8: If construction lifting machinery falls under one of the circumstances specified in Article 7 (1), (2), and (3) of these Regulations, the leasing unit or the user of the self purchased construction lifting machinery shall scrap it and handle the cancellation procedures with the original filing authority.
Article 9 Rental units and users of self purchased construction lifting machinery shall establish safety technical archives for construction lifting machinery. The safety technical archives of construction lifting machinery should include the following information:
（1） Original materials such as purchase and sales contracts, manufacturing licenses, product qualification certificates, manufacturing supervision and inspection certificates, installation and use manuals, and filing certificates;
（2） Regular inspection reports, regular self inspection records, regular maintenance and upkeep records, repair and technical transformation records, operation failure and production safety accident records, cumulative operation records, and other operational data;
（3） Previous installation acceptance data.
Article 10: Units engaged in the installation and dismantling of construction lifting machinery (hereinafter referred to as installation units) shall obtain corresponding qualifications and construction enterprise safety production licenses issued by the competent construction department in accordance with the law, and undertake the installation and dismantling of construction lifting machinery within the scope of their qualifications.
Article 11: The user and installation units of construction lifting machinery shall clearly define the safety production responsibilities of both parties in the signed contract for the installation and dismantling of construction lifting machinery. For the implementation of construction general contracting, the construction general contracting unit shall sign a safety agreement for the installation and dismantling of construction lifting machinery with the installation unit.
Article 12: The installation unit shall fulfill the following safety responsibilities:
（1） Prepare a special construction plan for the installation and dismantling of construction lifting machinery in accordance with safety technical standards and performance requirements of construction lifting machinery, which shall be signed by the technical leader of the unit;
（2） Inspect the construction lifting machinery and on-site construction conditions in accordance with safety technical standards and installation instructions;
（3） Organize safety construction technical disclosure and sign for confirmation;
（4） Develop emergency rescue plans for production safety accidents during the installation and dismantling of construction lifting machinery;
（5） After submitting the special construction plan for the installation and dismantling of construction lifting machinery, the list of installation and dismantling personnel, the installation and dismantling time, and other materials to the construction general contracting unit and supervision unit for review, inform the construction competent department of the local people's government at or above the county level where the project is located.
Article 13: The installation unit shall organize installation and dismantling operations in accordance with the special construction plan and safety operation regulations for the installation and dismantling of construction lifting machinery. The professional technical personnel and full-time safety production management personnel of the installation unit shall conduct on-site supervision, and the technical leader shall conduct regular inspections.
Article 14: After the installation of construction lifting machinery is completed, the installation unit shall conduct self inspection, debugging, and trial operation of the construction lifting machinery in accordance with the relevant requirements of safety technical standards and installation and operation instructions. If the self inspection is qualified, a self inspection certificate should be issued and instructions for safe use should be provided to the user.
Article 15: The installation unit shall establish archives for the installation and dismantling of construction lifting machinery. The installation and dismantling engineering archives of construction lifting machinery should include the following information:
（1） Installation and dismantling contracts and safety agreements;
（2） Special construction plan for installation and dismantling engineering;
（3） Relevant materials for safety construction technical disclosure;
（4） Installation engineering acceptance data;
（5） Emergency rescue plan for production safety accidents in installation and dismantling engineering.
Article 16: After the installation of construction lifting machinery is completed, the user unit shall organize relevant units such as rental, installation, and supervision to conduct acceptance, or entrust qualified inspection and testing institutions to conduct acceptance. Construction lifting machinery can only be put into use after passing the acceptance inspection, and those that have not been inspected or failed the inspection shall not be used. For the implementation of construction general contracting, the construction general contracting unit shall organize acceptance. Construction lifting machinery should be supervised and inspected by qualified inspection and testing institutions before acceptance. Inspection and testing institutions and personnel shall bear legal responsibility for the inspection and testing results and appraisal conclusions in accordance with the law.
Article 17 The user unit shall, within 30 days from the date of passing the installation and acceptance of construction lifting machinery, register the use of construction lifting machinery with the competent construction department of the local people's government at or above the county level in the place where the project is located, including the installation and acceptance data, safety management system of construction lifting machinery, and list of special operators. The registration mark is placed or attached in a prominent position on the device.
Article 18 The user unit shall fulfill the following safety responsibilities:
（1） Take corresponding safety protection measures for building lifting machinery according to different construction stages, surrounding environment, seasonal and climate changes;
（2） Develop emergency rescue plans for production safety accidents of construction lifting machinery;
（3） Set up obvious safety warning signs within the activity range of construction lifting machinery, and provide safety protection for centralized operation areas;
（4） Set up corresponding equipment management institutions or equip full-time equipment management personnel;
（5） Designate full-time equipment management personnel and full-time safety production management personnel to conduct on-site supervision and inspection;
（6） If there is a malfunction or abnormal situation in the construction lifting machinery, it shall be immediately stopped from use, and only after the hidden dangers of the malfunction and accident are eliminated can it be put back into use.
Article 19 The user unit shall conduct regular and regular inspections, maintenance, and upkeep of the construction lifting machinery and its safety protection devices, lifting appliances, and rigging in use, and keep records. After the lease term of the construction lifting machinery expires, the user shall hand over regular inspection, maintenance, and upkeep records to the lessor. If there are other provisions in the lease contract for construction lifting machinery regarding the inspection, maintenance, and upkeep of construction lifting machinery, such provisions shall prevail.
Article 20: If construction lifting machinery needs to be attached during use, the user unit shall entrust the original installation unit or a qualified installation unit to implement the special construction plan and organize acceptance in accordance with Article 16 of these regulations. Only after passing the acceptance inspection can it be put into use. If construction lifting machinery needs to be lifted during use, the user unit shall entrust the original installation unit or a qualified installation unit to implement the special construction plan before it can be put into use. It is prohibited to install standard sections and attachment devices not manufactured by the original manufacturer on construction lifting machinery without authorization.
Article 21: The construction general contracting unit shall fulfill the following safety responsibilities:
（1） Provide the installation unit with basic construction information on the location of the equipment to be installed, ensuring the construction conditions required for the entry, installation, and dismantling of building lifting machinery;
（2） Review the special equipment manufacturing license, product qualification certificate, manufacturing supervision and inspection certificate, filing certificate and other documents of construction lifting machinery;
（3） Review the qualification certificates, safety production permits, and special operation qualification certificates of installation units and user units, as well as special operation personnel;
（4） Review the special construction plan and emergency rescue plan for production safety accidents for the installation and dismantling of construction lifting machinery developed by the installation unit;
（5） Review the emergency rescue plan for production safety accidents of construction lifting machinery developed by the user unit;
（6） Designate full-time safety production management personnel to supervise and inspect the installation, disassembly, and use of construction lifting machinery;
（7） When multiple tower cranes are operating on the construction site, safety measures to prevent collisions between tower cranes should be organized and implemented.
Article 22: The supervising unit shall fulfill the following safety responsibilities:
（1） Review documents such as the manufacturing license, product qualification certificate, manufacturing supervision and inspection certificate, and filing certificate for special equipment of construction lifting machinery;
（2） Review the qualification certificates, safety production permits, and special operation qualification certificates of construction and lifting machinery installation units and user units, as well as special operation personnel;
（3） Review the special construction plan for the installation and dismantling of construction lifting machinery;
（4） Supervise the installation unit to implement the special construction plan for the installation and dismantling of building lifting machinery;
（5） Supervise and inspect the use of construction lifting machinery;
（6） If hidden dangers of production safety accidents are found, the installation unit and user unit shall be required to rectify within a specified period of time. If the installation unit and user unit refuse to rectify, they shall report to the construction unit in a timely manner.
Article 23: For projects contracted to two or more construction units in accordance with the law, when different construction units use multiple tower cranes to operate on the same construction site, the construction unit shall coordinate and organize the development of safety measures to prevent tower cranes from colliding with each other. If the installation unit or user unit refuses to rectify the hidden dangers of production safety accidents, the construction unit shall, upon receiving the report from the supervision unit, order the installation unit or user unit to immediately stop work for rectification.
Article 24: Special operators of construction lifting machinery shall comply with the safety operation regulations and safety management system of construction lifting machinery, have the right to refuse illegal commands and forced risky operations during the operation, and have the right to immediately stop the operation or take necessary emergency measures to evacuate the dangerous area in the event of an emergency that endangers personal safety.
Article 25: Special operators such as installation and dismantling workers for construction lifting machinery, lifting signal workers, lifting drivers, and riggers shall pass the assessment of the construction competent department and obtain a special operation qualification certificate before they can start working. The competent construction departments of the people's governments of provinces, autonomous regions, and municipalities directly under the central government are responsible for organizing and implementing the assessment of special operators in construction enterprises. The qualification certificates for special operations personnel shall be in a unified format prescribed by the competent construction department of the State Council.
Article 26: When the competent construction department performs its safety supervision and inspection responsibilities, it has the right to take the following measures:
（1） Require the inspected unit to provide documents and information related to construction lifting machinery;
（2） Enter the inspected unit and the construction site of the inspected unit for inspection;
（3） Order the immediate elimination of potential safety accidents in the production of construction lifting machinery discovered during inspections; If safety cannot be guaranteed before or during the elimination of major production safety hazards, the operator shall be ordered to evacuate from the hazardous area or temporarily stop construction.
Article 27 The competent construction department responsible for filing or registering shall establish archives of construction lifting machinery within its administrative area, uniformly number construction lifting machinery in accordance with relevant regulations, and regularly disclose the safety status of construction lifting machinery to the society.
Article 28: If a rental unit or a user of self purchased construction lifting machinery violates these regulations and commits any of the following acts, the competent construction department of the local people's government at or above the county level shall order it to make corrections within a specified time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 10000 yuan:
（1） Failure to handle filing procedures in accordance with regulations;
（2） Failure to complete the cancellation procedures in accordance with regulations;
（3） Failure to establish safety technical archives for construction lifting machinery in accordance with regulations.
Article 29: If an installation unit violates these regulations and commits one of the following acts, the competent construction department of the local people's government at or above the county level shall order it to make corrections within a time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 30000 yuan:
（1） Failure to fulfill the safety responsibilities specified in Article 12 (2), (4), and (5);
（2） Failure to establish archives for the installation and dismantling of construction lifting machinery in accordance with regulations;
（3） Failure to organize installation and dismantling operations in accordance with the special construction plan and safety operation regulations for the installation and dismantling of construction lifting machinery.
Article 30: If the user unit violates these regulations and commits one of the following acts, the competent construction department of the local people's government at or above the county level shall order it to make corrections within a time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 30000 yuan:
（1） Failure to fulfill the safety responsibilities specified in Article 18 (1), (2), (4), and (6);
（2） Failure to designate dedicated equipment management personnel for on-site supervision and inspection;
（3） Unauthorized installation of standard sections and attachment devices not manufactured by the original manufacturer on construction lifting machinery.
Article 31 If the general contractor fails to perform the safety responsibilities in Item (1), (3), (4), (5) and (7) of Article 21 in violation of these regulations, the competent construction department of the local people's government at or above the county level shall order it to make corrections within a time limit, give a warning and impose a fine of not less than 5000 yuan but not more than 30000 yuan.
Article 32: If the supervising unit violates these regulations and fails to fulfill the safety responsibilities specified in Article 22 (1), (2), (4), and (5), the competent construction department of the local people's government at or above the county level shall order it to make corrections within a specified time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 30000 yuan.
Article 33: If a construction unit violates these regulations and commits one of the following acts, the competent construction department of the local people's government at or above the county level shall order it to make corrections within a specified time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 30000 yuan; Those who fail to make corrections within the time limit shall be ordered to stop construction:
（1） Failure to coordinate and develop safety measures to prevent collisions between multiple tower cranes in accordance with regulations;
（2） Failure to order the installation unit or user unit to immediately stop work for rectification after receiving a report from the supervising unit.
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