Regulations on the Safety Supervision and Management of Construction Crane Machinery

　　Regulations on Safety Supervision and Management of Construction Lifting Equipment

　　Article 1: These Regulations are formulated to strengthen the safety supervision and management of construction lifting machinery, prevent and reduce production-related accidents, and ensure the safety of people's lives and property, in accordance with the "Regulations on Safety Production Management of Construction Projects," the "Regulations on Safety Supervision and Inspection of Special Equipment," and the "Regulations on Safety Production Licensing."

　　Article 2: This Regulation applies to the leasing, installation, dismantling, operation, and supervisory management of construction lifting machinery. For the purposes of this Regulation, "construction lifting machinery" refers to equipment listed in the Special Equipment Catalogue, which is installed, dismantled, and used at building construction sites and municipal engineering worksites.

　　Article 3: The construction authority under the State Council shall oversee and manage the leasing, installation, dismantling, and operation of construction lifting machinery nationwide. Construction authorities of local people's governments at or above the county level shall oversee and manage the leasing, installation, dismantling, and operation of construction lifting machinery within their respective administrative regions.

　　Article 4: Building hoisting machinery leased by leasing entities, as well as building hoisting machinery purchased, leased, or used by employing units, must be equipped with a special equipment manufacturing license, a product certificate of conformity, and a manufacturing supervision inspection certificate.

　　Article 5: Before a leasing unit rents out construction lifting machinery for the first time, or before a user unit that has purchased its own construction lifting machinery installs it for the first time, both parties must submit the Special Equipment Manufacturing License for construction lifting machinery, the product certificate of conformity, and the manufacturing supervision and inspection certificate to the construction administrative department of the local people's government at or above the county level in the area where the unit is registered for business purposes, to complete the filing process.

　　Article 6: The leasing entity shall clearly define the safety responsibilities of both parties in the signed contract for the rental of construction lifting machinery, and shall provide the Special Equipment Manufacturing License for construction lifting machinery, the Product Certificate of Conformity, the Manufacturing Supervision and Inspection Certificate, the Registration Certificate, and the Self-Inspection Compliance Certificate, along with the Installation and Usage Instructions.

　　Article 7: Construction lifting machinery falling under any of the following circumstances shall not be rented out or put into use: (1) It is explicitly designated by the state for phase-out or prohibited for use; (2) It has exceeded the safety technical standards or the service life stipulated by the manufacturer; (3) It fails to meet the safety technical standards as determined by inspection; (4) It lacks complete safety technical documentation; (5) It is missing comprehensive and effective safety protection devices.

　　Article 8: If a construction lifting machine falls under any of the circumstances listed in items (1), (2), or (3) of Article 7 of these Regulations, the leasing unit or the user unit that has purchased the construction lifting machine shall scrap it and submit an application for cancellation to the original registration authority.

　　Article 9: Rental units and entities that purchase their own construction lifting machinery must establish safety technical files for such equipment. The safety technical files shall include the following documents: (1) Original documents such as purchase and sales contracts, manufacturing licenses, product certificates, manufacturing supervision and inspection certificates, installation and operation manuals, and registration certificates; (2) Regular inspection reports, records of routine self-checks, periodic maintenance and upkeep logs, repair and upgrade records, incident logs detailing operational faults and production safety accidents, as well as cumulative operating hour records; (3) Documentation from all previous installation and acceptance inspections.

　　Article 10: Any entity engaged in the installation and dismantling of construction lifting machinery (hereinafter referred to as the "installation unit") shall, in accordance with the law, obtain the relevant qualifications issued by the construction authorities, as well as a safety production license for construction contractors, and may undertake construction lifting machinery installation and dismantling projects only within the scope of its licensed capabilities.

　　Article 11: The entities responsible for the use and installation of building lifting machinery shall clearly define their respective responsibilities for production safety in the signed contract for the installation and dismantling of such machinery. In cases where a general construction contractor is involved, the general contractor shall enter into a safety agreement with the installation unit specifically addressing the safe execution of the building lifting machinery installation and dismantling work.

　　Article 12: The installation unit shall fulfill the following safety responsibilities: (1) Prepare a specific construction plan for the installation and dismantling of building lifting machinery, based on safety technical standards and the performance requirements of the equipment, and have it signed by the technical head of the unit. (2) Inspect the building lifting machinery and site conditions in accordance with safety technical standards and the manufacturer’s installation and operation manuals. (3) Conduct safety-focused technical briefings and obtain written confirmation from all participants. (4) Develop an emergency rescue plan tailored to potential production safety accidents during the installation and dismantling of building lifting machinery. (5) After submitting the specific construction plan, the list of installation and dismantling personnel, and the scheduled installation/dismantling timeline to the general contractor and the supervisory unit for review, notify the construction administrative 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 specific construction plan for the installation and dismantling of building lifting machinery, as well as the relevant safety operating procedures. Professional technicians and dedicated safety management personnel from the installation unit must conduct on-site supervision, while the technical manager should carry out regular inspections.

　　Article 14: After the installation of building lifting machinery is completed, the installing unit shall conduct self-inspection, debugging, and trial operation in accordance with relevant safety technical standards and the requirements specified in the installation and usage manual. If the self-inspection is satisfactory, the unit must issue a certificate confirming the successful completion of the self-check and provide the user unit with detailed instructions on safe operation.

　　Article 15: The installation unit shall establish project archives for the installation and dismantling of building lifting machinery. These archives must include the following documents: (1) The installation and dismantling contract, along with the corresponding safety agreement; (2) A specialized construction plan for the installation and dismantling project; (3) Documentation related to safety technical briefings during construction; (4) Acceptance records for the installation work; (5) An emergency rescue plan for production safety incidents occurring during the installation and dismantling process.

　　Article 16: After the installation of building lifting machinery is completed, the using unit shall organize relevant parties—including the leasing company, installation contractor, and supervisory body—to conduct an acceptance inspection. Alternatively, the unit may entrust a qualified inspection and testing organization to carry out the inspection on its behalf. Only after passing the acceptance test can the building lifting machinery be put into operation; machinery that has not been inspected or fails the inspection is strictly prohibited from use. In cases where a general construction contractor is involved, it will be the general contractor who organizes the acceptance process. Prior to the acceptance inspection, the building lifting machinery must first undergo supervised inspection and testing by a qualified inspection and testing institution, ensuring compliance with all applicable standards. The inspection and testing organization, along with its personnel, shall bear legal responsibility under the law for the accuracy and validity of their inspection results and certification conclusions.

　　Article 17: The using unit shall, within 30 days from the date of successful installation and acceptance of the building lifting machinery, submit the installation and acceptance documents, the safety management system for building lifting machinery, a list of specially trained personnel, and other relevant materials to the construction authorities of the local people's government at or above the county level where the project is located, in order to register the use of the building lifting machinery. The registration mark must be placed or affixed in a prominent location on the equipment.

　　Article 18: The using unit shall fulfill the following safety responsibilities: (1) Implement appropriate safety protection measures for construction lifting machinery based on different construction phases, surrounding environmental conditions, and seasonal or climatic changes; (2) Develop an emergency rescue plan for production safety accidents involving construction lifting machinery; (3) Set up clear safety warning signs within the operational area of the construction lifting machinery and ensure adequate safety protection for concentrated work zones; (4) Establish a dedicated equipment management organization or assign full-time equipment management personnel; (5) Designate full-time equipment management personnel and dedicated safety production supervisors to conduct on-site inspections and supervision; (6) If the construction lifting machinery malfunctions or exhibits abnormal conditions, immediately cease operation. Use may resume only after the fault or potential hazard has been eliminated.

　　Article 19: The using unit shall conduct regular and periodic inspections, maintenance, and servicing of in-use construction lifting machinery, as well as their safety protection devices, lifting attachments, slings, and other related equipment, and shall keep detailed records of these activities. Upon expiration of the rental period for construction lifting machinery, the using unit shall transfer the records of periodic inspections, maintenance, and servicing to the leasing unit. If the construction lifting machinery rental contract includes specific provisions regarding the inspection, maintenance, and upkeep of the equipment, those provisions shall prevail.

　　Article 20: If building lifting machinery requires attachment during operation, the using unit shall entrust either the original installation company or an installation company with appropriate qualifications to carry out the work according to a specific construction plan, and shall organize acceptance inspection as stipulated in Article 16 of these Regulations. Only after passing the inspection can the machinery be put into use. If building lifting machinery needs to be jacked up during operation, the using unit may entrust either the original installation company or an installation company with relevant qualifications to implement the process following the specific construction plan, after which the machinery can immediately be put into service. It is strictly prohibited to arbitrarily install standard sections and attachment devices on building lifting machinery unless they are manufactured by the original manufacturer.

　　Article 21: The general contractor shall fulfill the following safety responsibilities: (1) Provide the installation unit with detailed construction data regarding the foundation at the proposed equipment installation location, ensuring that all necessary construction conditions are in place for the erection and dismantling of tower cranes. (2) Review and verify documents such as the special equipment manufacturing license, product qualification certificates, manufacturing supervision and inspection certificates, and registration proofs for tower cranes. (3) Examine the qualification certificates, safety production licenses, and special operation permits of personnel engaged in specialized tasks held by both the installation and operating units. (4) Assess the specialized construction plans developed by the installation unit for the assembly and disassembly of tower cranes, as well as their emergency rescue plans for potential production safety incidents. (5) Evaluate the emergency rescue plans prepared by the operating unit specifically for production safety incidents involving tower cranes. (6) Assign dedicated safety management personnel to oversee and inspect the installation, dismantling, and operational status of tower cranes on-site. (7) When multiple tower cranes are operating simultaneously at the construction site, the general contractor shall organize the development and implementation of safety measures aimed at preventing collisions between the cranes.

　　Article 22: The supervision unit shall fulfill the following safety responsibilities: (1) Review documents such as the special equipment manufacturing license for construction lifting machinery, product certificates, manufacturing supervision and inspection certificates, and filing proofs. (2) Verify the qualification certificates of installation and usage units for construction lifting machinery, their safety production licenses, and the special operation qualification certificates of specially trained personnel. (3) Examine the specific construction plans for the installation and dismantling of construction lifting machinery. (4) Supervise the installation unit’s implementation of the specific construction plans for the installation and dismantling of construction lifting machinery. (5) Conduct regular inspections to monitor the operational status of construction lifting machinery. (6) If potential hazards of production safety accidents are identified, the supervision unit shall promptly require the installation and usage units to rectify the issues within a specified timeframe. If these units refuse to comply, the supervision unit must immediately report the situation to the project owner.

　　Article 23: For projects legally contracted to two or more construction units, when multiple tower cranes are operated simultaneously by different contractors at the same construction site, the project owner shall coordinate and organize the development of safety measures to prevent collisions between the tower cranes. If the installation unit or the using unit refuses to address hazards posing a risk of production safety accidents, the project owner, upon receiving a report from the supervisory unit, must immediately order both the installation and using units to halt work and implement corrective actions.

　　Article 24: Specialized operators of construction lifting machinery shall comply with the safety operating procedures and safety management systems for such equipment. They have the right to refuse unlawful instructions or orders compelling risky operations, and in the event of an emergency endangering personal safety, they are entitled to immediately halt work or take necessary emergency measures before evacuating from the hazardous area.

　　Article 25: Specialized workers such as building crane installation and dismantling personnel, crane signalers, crane operators, and rigger workers must pass the assessment conducted by the construction authorities and obtain the corresponding special operation qualification certificates before they can commence work. The construction authorities of provincial, autonomous region, and municipality governments are responsible for organizing and implementing the assessments of specialized personnel working in construction enterprises. Special operation qualification certificates for these specialized workers are issued by the construction authority under the State Council. When performing safety supervision and inspection duties, the competent authority has the right to take the following measures: (1) Require the inspected entity to provide relevant documents and data pertaining to building cranes; (2) Enter the inspected entity’s premises and its construction sites for inspection; (3) Order immediate elimination of any identified safety hazards related to building crane operations during inspections. If significant hazards cannot be addressed promptly or if continuing operations would pose an immediate safety risk, the authority may mandate the evacuation of workers from the hazardous area or temporarily halt construction activities.

　　Article 27: The construction authorities responsible for handling filing or registration shall establish archives of building lifting machinery within their administrative areas, assign unified identification numbers to such equipment in accordance with relevant regulations, and regularly publish updates on the safety status of building lifting machinery to the public.

　　Article 28: In violation of these regulations, leasing entities and units that have purchased their own construction lifting machinery—and engage in any of the following behaviors—shall be ordered by the construction authorities of local governments at or above the county level to make corrections within a specified timeframe, receive a warning, and face a fine ranging from RMB 5,000 to RMB 10,000: (1) Failure to register as required; (2) Failure to complete cancellation procedures as mandated; (3) Failure to establish safety and technical records for construction lifting machinery as prescribed.

　　Article 29: In violation of these regulations, if an installation unit engages in any of the following behaviors, it shall be ordered by the construction authorities of the local people's government at or above the county level to make corrections within a specified time limit, receive a warning, and be fined between RMB 5,000 and RMB 30,000: (1) Failing to fulfill the safety responsibilities outlined in Article 12, items (ii), (iv), and (v); (2) Failing to establish proper installation and dismantling project files for building lifting machinery as required; (3) Failing to organize installation and dismantling operations in accordance with the specific construction plan and safety operating procedures for the installation and dismantling of building lifting machinery.

　　Article 30: In violation of these regulations, if the using entity engages in any of the following behaviors, it shall be ordered by the construction authorities of the local people's government at or above the county level to make corrections within a specified time limit, receive a warning, and be fined between RMB 5,000 and RMB 30,000: (1) Failure to fulfill the safety responsibilities outlined in Article 18, items (1), (2), (4), and (6); (2) Failure to designate dedicated equipment management personnel to conduct on-site supervision and inspection; (3) Unauthorized installation of standard sections and attachment devices on building lifting machinery that were not manufactured by the original manufacturer.

　　Article 31: In violation of these regulations, if the general contractor fails to fulfill the safety responsibilities outlined in items (1), (3), (4), (5), and (7) of Article 21, the construction administrative 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 ranging from RMB 5,000 to RMB 30,000.

　　Article 32: In violation of these regulations, if the supervision unit fails to fulfill the safety responsibilities outlined in items (i), (ii), (iv), and (v) of Article 22, the construction administrative 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 ranging from RMB 5,000 to RMB 30,000.

　　Article 33: In violation of these regulations, if a construction entity commits any of the following acts, it shall be ordered by the construction authorities of the local people's government at or above the county level to make corrections within a specified time limit, receive a warning, and be fined between RMB 5,000 and RMB 30,000. If the entity fails to comply within the given deadline, it will be ordered to halt construction: (1) Failing to coordinate and organize the development of safety measures designed to prevent collisions among multiple tower cranes as required; (2) Neglecting to immediately order the installation and usage units to suspend work for rectification after receiving a report from the supervisory unit.

　　Article 34: In violation of these regulations, staff members of the construction authorities who engage in any of the following actions shall be disciplined according to law; if their actions constitute a crime, criminal liability shall be pursued accordingly: (1) Failing to investigate and address illegal activities that violate these regulations as required by law; (2) Failing to take legal action against serious hazards posing imminent risks of major production safety accidents found in building lifting equipment currently in use; (3) Engaging in other acts of failing to fulfill their statutory supervisory and administrative duties.