measures of guangzhou municipality for elevator safety  广州市司法局网站-凯发k8官方

　　(issued on february 3, 2021 in accordance with decree no. 181 of the people's government of guangzhou municipality and put into effect on may 1, 2021)

　　article 1     these measures are formulated in accordance with the special equipment safety law of the people’s republic of china, the regulations on supervision of special equipment safety, the regulations of guangdong province on special equipment safety, the regulations of guangdong province on elevator operation safety and other relevant laws and regulations, on the basis of the actual conditions of guangzhou, and with a view to ensuring greater operation safety of elevators in guangzhou to protect the safety of people and properties.

　　article 2     these measures shall be applicable to the production, use, maintenance, inspection, testing, supervision and administration of elevators in the administrative area of guangzhou, as well as other activities relating thereto.

　　these measures are not applicable to elevators installed in non-public places and for use by a single individual or family only.

　　article 3     the municipal and district people's governments shall strengthen the leadership of elevator safety work in their respective administrative areas, and establish and improve the coordination mechanism to promptly coordinate with and solve the problems existing in elevator safety supervision and administration.

　　administrations for market regulation are in charge of the supervision and administration of elevator safety within their respective administrative areas. the municipal administration for market regulation is responsible for organizing the implementation of these measures.

　　housing and urban-rural development bureaus, planning and natural resources bureaus, urban management and comprehensive law enforcement bureaus, emergency management bureaus, transportation bureaus and other government sections shall fulfill their tasks related to elevator safety administration ex officio.

　　town people's governments and sub-district offices shall assist in supervision and administration of elevator safety.

　　article 4     the municipal administration for market regulation shall establish a community governance system for elevator affairs with social coordination, public involvement and legal guarantee, build a municipal network platform for the community governance of elevator affairs, and improve the level of socialization, legalization, intelligentization and specialization of elevator affairs governance.

　　a district people's government shall build a multi-governance platform for community elevator affairs. a town people's government or sub-district office shall organize relevant government sections, residents' committees, villagers' committees, community residents, industry associations, experts, community legal advisers, elevator operation management personnel to discuss and solve elevator use, renovation, transformation, emergency rescue and other elevator affairs through the multi-governance platform for community elevator affairs.

　　enterprises, public institutions, social organizations or other organizations are encouraged and supported to set up people's specialized and professional mediation committees to mediate elevator disputes.

　　article 5     the municipal administration for market regulation shall organize a technical committee on elevator safety composed of industry experts. the technical committee on elevator safety can analyze the safety administration situation, potential safety hazards and accident causes involving elevators in guangzhou, and put forward suggestions on rectification and preventive measures and on improvement of the existing safety specifications and standards.

　　the municipal administration for market regulation may implement specific regulatory measures as suggested by the technical committee on elevator safety.

　　article 6     guangzhou encourages organizations involved in the production, use, and maintenance of elevators to use ai (artificial intelligence), internet of things and other modern science and technology and management means to improve the safety performance and level of management of elevators, and enhance the risk prevention and emergency rescue abilities.

　　guangzhou promotes elevator safety liability insurance, and encourages organizations involved in the production, use, and maintenance of elevators to take out elevator safety liability insurance.

　　article 7     guangzhou encourages elevator manufacturers, elevator operation management personnel, and elevator maintenance organizations to establish remote monitoring and warning systems to monitor and give warnings on elevator operation.

　　the municipal administration for market regulation shall formulate work guidelines to guide the manufacturers, use managers, and maintenance organizations in the construction and operation of their respective remote monitoring systems.

　　article 8     the municipal administration for market regulation shall establish an elevator emergency rescue mechanism requiring linkage and coordination among elevator user organizations, maintenance organizations and emergency rescue agencies, build an elevator emergency response service platform, open guangzhou municipal elevator emergency rescue hotline 96333, coordinate and deal with elevator emergency rescue work, and conduct technical analysis on elevator accidents and incidents on a regular basis, and release early warning and prevention information in time.

　　article 9     relevant industry associations shall strengthen industry self-discipline, carry out credit system construction and credit rating for member organizations, provide elevator safety training, publicity, education, consultation and other services, release elevator maintenance hours, reference prices and other industry information, and promote the stable development of their respective industries.

　　article 10   organizations engaged in elevator manufacturing, installation, transformation and repair shall obtain a permit in accordance with the provisions of the special equipment safety law of the people's republic of china before they engage in corresponding activities.

　　the permitting authority may entrust an appraisal and review institution to carry out the appraisal and review of the permit.

　　the appraisal and review institution shall carry out appraisal and review in accordance with the technical specifications and relevant standards, and assume legal responsibility for the appraisal and review conclusions. such appraisal and review institutions and their relevant personnel shall not resort to fraud, solicit or accept bribes or divulge business secrets during appraisal and review activities.

　　article 11   for the escalators and moving sidewalks in stations, rail transit, pedestrian crossing facilities, airports, passenger terminals and other public transport places, the construction project employers shall, according to the passenger flow conditions and use environment, select heavy-duty elevators, such as public service escalators, that meet the use requirements.

　　the measures for the design, selection and allocation of elevators in public transport places shall be separately formulated by the municipal administration for market regulation in conjunction with the housing and urban-rural development bureau, the transportation bureau and other authorities.

　　article 12   the construction organizations involved in elevator installation, transformation and/or repair shall, before commencement of construction, inform the competent administration for market regulation in writing of the planned construction hours, equipment model, parameters, manufacturing number, equipment installation location and the name of the elevator operation management personnel.

　　article 13   before the construction of the installation, renovation and repair of an elevator, the construction organization shall check the dimensions of the elevator machine room, shaft, pit, passage and other civil works, the distance between the safety doors of the shaft and the manufacturing quality of the elevator in accordance with the requirements of the elevator design documents and standards, and confirm their conformity to requirements.

　　article 14   the transformation and repair of elevators shall be carried out by the elevator manufacturers or their entrusted organizations that have obtained the corresponding permission according to law. if an elevator manufacturer entrusts elevator transformation and repair to another organization, then the elevator manufacturer shall provide safety guidance and monitoring for its transformation and repair activities, carry out commissioning and verification according to the requirements of safety specifications, and be responsible for the safety performance of the elevator.

　　if the elevator manufacturer has been cancelled or no longer has the corresponding qualification, the elevator use manager may entrust the organization with the same level of manufacturing qualification to carry out transformation and repair.

　　the organization engaged in elevator renovation and/or repair shall issue the corresponding self-inspection report and quality certificate according to the requirements of safety specifications, specifying the quality warranty period.

　　article 15   for the decoration of an elevator car that may affect the safety of the elevator, such as installing air conditioners and laying floor tiles, the elevator use manager shall carry out the decoration under the guidance of the manufacturer of the elevator; after the completion of the construction, the elevator manufacturer shall be informed to carry out testing. the elevator can be put into use only after it is found in the testing that the elevator meets the relevant national safety specifications.

　　article 16   an elevator use manager shall ensure the effective operation of the elevator emergency alarm devices and respond to passengers' requests for help immediately; when people are trapped in the elevator, the elevator use manager shall immediately notify the elevator maintenance organization, cooperate with the elevator maintenance organization to implement rescue, and timely report to the competent administration for market regulation as required.

　　in case of an elevator failure or potential accident, the elevator use manager shall set up a "stop" sign at the prominent position of the elevator entrance, make enclosure and organize an overhaul; in case of a residential elevator that needs to be out of service for more than 48 hours, the reason for discontinued use and the time required for overhaul shall be indicated on the “stop” sign. the elevator can continue to be used after repair, trial operation, troubleshooting and elimination of hidden risks of accidents.

　　article 17   an elevator use manager shall carry out frequent maintenance and regular self-inspection on the elevator, and regular check and overhaul of the safety accessories and safety protection devices of the elevator, and make a record thereof; for an elevator that has been in service for more than 20 years, the maintenance frequency or maintenance items shall be increased at the right time according to the actual condition of elevator operation.

　　elevator-related industry associations can make guidelines on the contents of maintenance items, overhaul hours and reference prices for elevators that have been in service for more than 20 years, taking into consideration the frequency of use of an elevator, the height of the building the elevator is located and the service life of the elevator, and make such guidelines public.

　　article 18   for an elevator in any station, airport, rail transit, passenger terminal or other public transport place, the elevator use manager shall select the manufacturer of the elevator or the duly permitted organization to carry out frequent maintenance and regular inspection, and timely increase the maintenance frequency or maintenance items according to the condition of elevator operation. such elevator operation management personnel in public transport places are encouraged to give priority to the original manufacturers for maintenance.

　　during holidays and large-scale events, the elevator operation management personnel in public transport places shall formulate special plans and implement preventive maintenance, duty system, passenger flow diversion and other measures.

　　article 19   for a residential elevator with high failure frequency, if the use manager of the elevator believes that and the owner of the elevator agrees that safety assessment is necessary, the elevator use manager shall arrange for the owner to make the required funds in place, conduct safety assessment on the elevator, and renovate, reconstruct and repair the elevator according to the assessment conclusion.

　　for an elevator installed in an existing residential building, the use manager of the elevator is encouraged to organize the inspection and testing on the civil engineering foundation of the elevator shaft every two years, so as to prevent the shaft from sinking, tilting and other hidden dangers.

　　article 20   for an elevator installed in an existing residential building, the owner of the elevator is encouraged to entrust the management of the elevator to a professional organization by entrustment and other modes, and the entrusted professional organization shall perform the duties as an elevator use manager according to law.

　　an administration for market regulation shall guide the industry association and other organizations to improve the process for entrustment of elevator management and the ability evaluation system for relevant professional institutions.

　　article 21   before an elevator maintenance organization conducts business in guangzhou for the first time, it shall inform the municipal administration for market regulation in writing of the name of the organization, the scope of permission and qualification, the fixed office location, contact phone number and contact person in guangzhou, and other information.

　　if any main information, such as the name of the organization, the scope of permission and qualification and the fixed office location, is changed, the organization shall inform the municipal administration for market regulation in writing of such change within 30 days from the date of change.

　　article 22   an elevator inspection institution shall conduct inspection independently according to the relevant safety specifications, standards and the approved inspection scope, issue the inspection reports in an objective, fair and timely manner, and be responsible for the inspection results.

　　the elevator inspection institution shall, within 5 days from the date of receiving an application for inspection, agree on the inspection time with the applicant, complete the inspection within the specified or agreed time limit, and act according to the following provisions:

　　(1) for an elevator that passes the inspection, the elevator inspection institution shall issue a conformity report and an inspection mark, and submit the updated elevator inspection information to the competent administration for market regulation within 5 days from the date of issuing the conformity report.

　　(2) for an elevator that is found in inspection to fail to conform to the requirements of safety specifications, the elevator inspection institution shall issue a notice of inspection opinion and put forward rectification suggestions; if there are serious risks of accidents, the elevator inspection institution shall also make a written report to the competent administration for market regulation in charge of registration, which shall promptly deal with it in accordance with the law.

　　article 23   for elevators that, due to production reasons, have an identical defect endangering safety, the manufacturer of such elevators shall, in accordance with the provisions of relevant laws and regulations, immediately discontinue production and delivery for use, and formulate a recall work plan, specifying the recall work flow, technical inspection indexes, etc.

　　the use manager of such elevators shall actively cooperate with the elevator manufacturer to implement the recall, and record the recall in the technical file on elevator safety.

　　for the elevators the maintenance of which is newly undertaken by an elevator maintenance organization, the organization shall check whether there is any situation that requires a recall in accordance with the law.

　　article 24   the administrations for market regulation shall legally supervise and check the performance of safety obligations by organizations involved in elevator production, use or maintenance, appraisal and review agencies and inspection institutions, and implement key safety supervision and check on the following elevators:

　　(1) elevators in schools, kindergartens, hospitals, stations, airports, passenger terminals, shopping malls, stadiums, exhibition halls, parks and other public gathering places;

　　(2) elevators in super high-rise buildings with a height of more than 50 floors above ground level;

　　(3) elevators in service for more than 20 years;

　　(4) elevators the service life of the whole machines or important parts of which is about to expire;

　　(5) moved elevators;

　　(6) elevators with high failure frequencies that affect normal use;

　　(7) elevators to which any major accidents used occur;

　　(8) other elevators subject to key safety supervision and check.

　　article 25   an administration for market regulation shall select a certain proportion of elevators in service every year, entrust an elevator inspection institution to carry out supervision and inspection according to some safety-related indicators in the general inspection rules, and disclose the spot check results to the public according to law. the entrusted elevator inspection institution shall carry out the inspection and issue the inspection results in accordance with the requirements of relevant safety specifications, and shall be responsible for the inspection results.

　　if the administration for market regulation finds in such supervision and spot check that there are potential safety hazards in the elevators in service, it shall issue safety supervision instructions for special equipment according to law, and order the elevator maintenance organization to take measures to eliminate the potential safety hazards within a time limit.

　　article 26   the municipal administration for market regulation shall establish an information system for elevator quality and safety, collect, count and analyze elevator faults and other relevant data, and gradually establish an elevator quality and safety traceability system.

　　the elevator manufacturers, user managers, maintenance organizations and inspection institutions shall provide relevant data to the competent administration for market regulation according to law, and ensure the authenticity and integrity of such data.

　　article 27   in case of any of the following circumstances, the elevator use manager shall be punished by the competent administration for market regulation in accordance with the relevant provisions of the regulations of guangdong province on elevator use safety:

　　(1) where the elevator use manager violates the provisions of the first paragraph of article 16 of these measures, by failing to ensure the effective operation of the elevator emergency alarm devices and immediately respond to the request for help made by passengers trapped in the elevator, or by failing to immediately notify or report to the relevant organizations in case of elevator failure;

　　(2) where the elevator use manager violates the provisions of the second paragraph of article 16 of these measures, by continuing to use the elevators with faults or risks of accidents before the faults or risks are eliminated;

　　(3) where the elevator use manager violates the provisions of the first paragraph of article 17 and the first paragraph of article 18 of these measures, by failing to carry out frequent maintenance and regular check on the elevators concerned.

　　article 28   any elevator maintenance organization that violates the provisions of article 21 of these measures by failing to inform the municipal administration for market regulation in writing of the name of the organization, the scope of permission and qualification, its fixed office location in guangzhou and other relevant information before conducting business in guangzhou for the first time, or failing to give a notice of any change in the above information after such change shall be punished by the competent administration for market regulation in accordance with the regulations of guangdong province on elevator use safety.

　　any elevator maintenance organization that violates the provisions of the second paragraph of article 25 of these measures by refusing to, as required by the competent administration for market regulation, take measures to eliminate hidden dangers shall be punished by the competent administration for market regulation in accordance with the provisions of the regulations of guangdong province on special equipment safety.

　　article 29   if any relevant government section and their staff violate the provisions of these measures by failing to legally perform their duties, they shall be ordered by the competent authority to make corrections, and the officer in-charge who is directly responsible and the directly responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated according to law.

　　article 30   the specific scope of elevators mentioned in these measures shall be determined according to the catalogue of special equipment approved by the state council, including passenger (or freight) elevators, escalators, moving sidewalks, etc.

　　the "elevator use manager" mentioned in these measures refers to any organization or individual that specifically undertakes the rights and obligations of elevator management, and shall be identified according to the following provisions:

　　(1) for a newly installed elevator that has not been handed over to the owner, the project developer shall be the user manager of the elevator.

　　(2) in case of a self-managed elevator, the owner shall be the user manager of the elevator.

　　(3) where the management is entrusted to any property service enterprise or other manager, the entrusted person shall be the user manager.

　　(4) when a venue equipped with elevators is rented out, the use manager of such elevators can be agreed on;

　　if there is no such agreement, the elevator use manager shall be identified according to the second and third items of this paragraph.

　　article 31   these measures shall come into force on may 1, 2021, and the measures of guangzhou municipality for elevator safety that came into force on february 1, 2013 shall be abolished accordingly.