(Adopted at the Fourty-second Session of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on June 30, 2020)
Article 1 for the purpose of strengthening the supervision and management of safe use of elevator and escalator, and protect the safety of people's lives and property, these Provisions are hereby formulated in accordance with the basic principles of laws and administrative regulations, in combination of the actual conditions of Shenzhen Special Economic Zone.
Article 2 These Provisions shall apply to the activities related to the safe use of elevator and escalator in Shenzhen Special Economic Zone, except for any elevator or escalator that is only used by single family.
Article 3 The municipal market regulation department is the department in charge of elevator and escalator safety supervision and management (hereinafter referred to as the elevator and escalator safety supervision department), which supervises and manages the safe use of elevator and escalator in accordance with the law.
The departments of housing and construction, traffic and transport and other relevant departments shall be responsible for the supervision and management of safe use of elevator and escalator within their respective responsibilities.
Article 4 Before an elevator or escalator is put into use, the elevator and escalator administrator shall be determined. Without respective administrator, neither an elevator nor an escalator shall not be put into use.
An elevator and escalator administrator shall be determined in accordance with the Special Equipment Safety Law of the People's Republic of China, Regulations of Guangdong Province on Safe Use of Elevator and Escalator, Regulations of Shenzhen Special Economic Zone on Equipment Safety and other laws and regulations.
An elevator and escalator administrator bears the primary responsibility for the safe use of elevator and escalator, who shall perform the duties of elevator and escalator use management according to law and take the responsibility for the safe use of elevator and escalator.
Article 5 The elevator and escalator administrator shall register the use of elevator and escalator with the elevator and escalator safety supervision department before the elevator or escalator is put into use.
If the elevator and escalator administrator changes, the change shall be registered within thirty days from the date of change.
If an elevator or escalator has been scrapped, or relocated but not reinstalled in Shenzhen Special Economic Zone, the deregistration shall be performed with the elevator and escalator safety supervision department within thirty days after scrapping or relocation.
Article 6 An elevator and escalator administrator shall perform the following daily management responsibilities:
(1) Establishing elevator and escalator safety management rules and technical files;
(2) Assigning a dedicated person to be responsible for the safety management of elevator and escalator as well as the management and use of the dedicated key of the elevator and escalator;
(3) Ensuring the effective use of elevator and escalator emergency alarm device and that the watchkeeper is on duty during the service of elevator and escalator;
(4) Posting service sign, maintenance sign, warning sign, emergency rescue sign, safety precaution, expiry date of service life, breakdown notice and complaint hotline and website at prominent position(s) of an elevator or escalator;
(5) Stopping abnormal use of an elevator or escalator, and taking effective evacuation measures when the elevator or escalator passengers are crowded;
(6) Implementing real-time monitoring to an elevator car, motor room, escalator, moving walkway and their entrances and exits. The monitoring data shall be kept for at least one month, and personal privacy shall be protected according to law;
(7) Complying with other requirements of laws, regulations, safety technical specifications and standards.
Article 7 An elevator and escalator administrator shall maintain an elevator or escalator, or entrust a maintenance agency to maintain an elevator or escalator. If a maintenance agency is entrusted with the maintenance, the elevator and escalator administrator shall supervise and record its performance of maintenance obligations.
Article 8 If there is any misfunction or unusual condition damaging the normal use of elevator or escalator, an elevator and escalator administrator shall immediately stop the service of the elevator or escalator, set up out-of-service sign and organize comprehensive inspection to eliminate the potential hazards.
In the circumstance specified in the preceding paragraph, an elevator and escalator administrator shall also publicize the cause and resolution plan of the misfunction or abnormal conditions at any prominent position of an elevator or escalator until the elevator or escalator returns to normal, and promptly report the matter to the elevator and escalator safety supervision department in accordance with relevant regulations.
Article 9 An elevator and escalator administrator shall formulate the emergency rescue plan for trapping accident and exercise it regularly.
In case of trapping accident, an elevator and escalator administrator shall immediately carry out emergency rescue plan, comfort the trapped passengers, and inform the elevator maintenance agency to rush to the spot to conduct emergency rescue within three minutes after receiving the emergency call for help or discovering the accident, and provide assistance as needed.
An elevator and escalator administrator shall report the cause and the handling result to the elevator and escalator safety supervision department within five working days after the occurrence of the trapping accident.
Article 10 If an accident occurs during the service or deactivation of an elevator or escalator and causes casualties, an elevator and escalator administrator shall make advance payment for the emergency treatment and other related expenses according to the needs.
Article 11 Under any of the following circumstances, which may affect the safe use of elevator or escalator, an elevator and escalator administrator shall carry out safety assessment in accordance with the provisions, and shall repair, renovate or update the elevator according to the assessment report:
(1) The service life of the whole machine or its main component or safety protection device is about to expire;
(2) An elevator or escalator accident has occurred, causing casualties;
(3) An elevator or escalator is out of service due to flood, fire, earthquake or any other disaster;
(4) An elevator and escalator administrator believes that a safety assessment is necessary with the consent of property right owners because elevator or escalator accidents occur frequently;
(5) Other circumstances where safety assessment shall be conducted in accordance with laws or regulations.
In the circumstance specified in subparagraph (1) of the preceding paragraph, an elevator and escalator administrator shall complete the safety assessment before the expiration of the service life. In the circumstance specified in subparagraph (2) or (3) of the preceding paragraph, an elevator and escalator administrator shall complete the safety assessment before an elevator or escalator returns to function.
Article 12 An elevator and escalator administrator shall entrust a professional organization with carrying out the elevator or escalator safety assessment.
An organization entrusted with safety assessment shall abide by the following provisions:
(1) Informing the elevator and escalator safety supervision department of the equipment registration code, assessment time and place of assessment through a written notice in advance;
(2) Conducting a comprehensive inspection of the elevator or escalator quality, safety performance and energy efficiency level in accordance with the provisions of laws and regulations, as well as the requirements of safety technical specifications and relevant standards;
(3) Reporting the serious potential hazard discovered in the process of assessment to the elevator and escalator safety supervision department in writing immediately, if any;
(4) Issuing an elevator or escalator safety assessment report, and submitting it to the elevator and escalator safety supervision department for record;
(5) Recording a video of the entire assessment process and retaining it for at least five years according to the relevant regulations.
An elevator or escalator safety assessment report may be used as the basis for the application of elevator or escalator repair, renovation or renewal funds. Where an old elevator or escalator in residential area is repaired, renovated or renewed based on the elevator or escalator safety assessment report, the municipal or district people's government may provide financial support.
Article 13 An elevator and escalator administrator shall carry out load test every five years at least, after the registration for use is made for the first time, so as to test the load-bearing performance and other safety performance of an elevator or escalator. However, under any of the following circumstances, an elevator and escalator administrator shall carry out the load test every three years at least:
(1) Any elevator or escalator located in public gathering place has been in service for ten years from the date of the first registration for service;
(2) Any elevator or escalator safety assessment shall be conducted as required by Article 11 hereof.
If there is a contract between an elevator and escalator administrator and a maintenance agency on the load test, the maintenance agency shall carry out the load test according to the contract. If there is no such contract, a load test shall be conducted by a professional agency entrusted by the elevator and escalator administrator.
A load test agency shall formulate an implementation plan in accordance with the provisions of laws and regulations as well as the requirements of safety technical specifications and standards, shall carry out the load test in strict accordance with the implementation plan, and take on-site safety protection measures.
Article 14 An elevator and escalator maintenance agency shall be responsible for the safety performance of an elevator or escalator it maintains and perform the following maintenance duties:
(1) Formulating and implementing an elevator or escalator maintenance plan in accordance with the requirements of laws and regulations, and with safety technical specifications and standards, maintaining the elevator or escalator and ensuring the maintenance quality;
(2) Posting its name, emergency hotline and complaint hotline at any prominent position of an elevator or escalator and ensuring immediate response;
(3) Taking on-site safety protection measures during maintenance;
(4) Issuing maintenance sign to an elevator and escalator administrator on the day of the completion of the maintenance work, and informing the elevator and escalator safety supervision department of the maintenance record in data message;
(5) Formulating emergency rescue plan, implementing 24-hour standby system, arriving at the spot within 30 minutes upon receiving accident information, and quickly taking emergency rescue measures;
(6) Providing workstation-based services if a single property management area has more than 50 elevators;
(7) Engaging in any maintenance operation within the permitted scope and time limit;
(8) Performing other duties in accordance with laws, regulations, safety technical specifications and standards.
Article 15 Any elevator-related industry organization or social group shall be encouraged to formulate group standards for elevator and escalator maintenance.
A maintenance agency shall be encouraged to carry out self-declaration of service standards and public commitment to service quality.
When choosing maintenance service agency, it is encouraged to give priority to those who meet group standards, actively carry out self-declaration of service standards or public commitments to service quality.
Article 16 Every elevator and escalator manufacturer and elevator and escalator sales agency shall undertake the warranty liabilities of any elevator or escalator made or sold by them and are served within Shenzhen Special Economic Zone. The minimum warranty period shall be three years from the day on which the installation of elevator or escalator passes the supervisory inspection, or five years from the ex- factory date of the elevator or escalator, whichever is shorter.
Neither elevator nor escalator may be put into use, if an elevator or escalator is without definite warranty liability of elevator manufacturer or sales agency.
Article 17 Any elevator and esclator manufacturer or elevator and escalator sales agency is not allowed to set up any devices or procedures that can restrict the normal use or maintenance of any elevator or escalator made or sold by them.
Article 18 Any elevator passenger shall abide by the ridding rules for elevator and esclator and use the elevator or escalator safely, and shall not commit any of the following acts:
(1) Riding an elevator with explicit out-of-service sign;
(2) Riding an elevator that is overloaded;
(3) Playing, fighting, quarreling noisely or jumping in an elevator;
(4) Going in the wrong direction on an escalator or automatic moving walkway, or staying at the entrance or exit;
(5) Forcibly opening a door of elevator or of escalor;
(6) Removing or destroying an elevator and escalator safety warning sign, alarm device or elevator’s or escalator’s part;
(7) Using emergency stop device in non-emergency circumstance;
(8) Carrying flammable or explosive objects, dangerous substances or other objects that may damage the elevator safety in an elevator;
(9) Other acts that may endanger the safe operation of an elevator or eslator, or people’s ;
Pre-school children and people with limited mobility shall be accompanied when riding an elevator.
Article 19 If an elevator needs to be stopped for non-failure reason, the elevator administrator shall immediately cut off power supply, take safety protection measures, set up an out-of-service sign, and make an out-of-service record. If an elevator has been out of service for more than fifteen days, it shall be maintained before it is put into use again.
Article 20 Every escalator and automatic moving walkway installed or renewed for the first time in a bus station, airport, passenger terminal, port or other public transportation place shall conform to relevant standards for public transportation product.
Article 21 Elevators which are used in public transportation areas or public gathering places including but not limited to schools, kindergartens, health facilities, hotels, malls, restaurants, stadiums, exhibition halls and parks shall be equipped with emergency facilities and equipment in case of power failure, including but not limited to double-circuit power supply system, reserve power supply and automatic leveling device, and with a monitoring system for elevator safety.
The installation of emergency facilities and equipment for power failure and the installation of the monitoring systems of elevator safety operation shall comply with the requirements of laws and regulations, as well as the requirements of safety technical specifications and standards.
Article 22 Under any of the following circumstances falling out the scope of the maintenance contract, property special maintenance funds shall be used:
(1) An emergency repair of the elevator is required, when there is an emergency situation including but not limited to a damage or failure is occurred to the elevator car, traction system, door system, or safety protection system, etc.;
(2) Repair, renovation or upgrade of the elevator is required;
(3) The elevator is exposed to potential hazards that can cause accidents, basing on that the elevator safety supervision department has issued a rectification notice;
(4) The elevator is covered by the elevator special property insurance;
(5) Other circumstances as required by laws or regulations.
In the circumstance specified in subparagraph (1) or (3) of the preceding paragraph, the elevator administrator may apply for the property special maintenance fund in accordance with the emergency use procedure for the property special maintenance fund.
The first two preceding paragraphs shall not apply, if the repair matter falls under the circumstance specified in subparagraph (1), (2) or (3) of the first paragraph of this article and is within the warranty scope and warranty period.
Article 23 The elevator safety supervision department may establish an elevator emergency response service platform of the municipality to carry out the following works:
(1) Setting up a dedicated helpline 96333 to receive elevator emergency calls;
(2) Carrying out elevator safety information detection and statistical analysis;
(3) Once acquiring help-seeking information through information detection or receiving an emergency call, informing the elevator maintenance agency of the faulty elevator to carry out emergency rescue.
Upon receipt of the notification from the elevator emergency response service platform, the maintenance agency of the faulty elevator shall immediately rush to the spot to carry out emergency rescue and provide timely feedback on the emergency rescue.
Article 24 The elevator safety supervision department shall, in the course of exercising supervision and management, order the elevator administrator or the maintenance agency to rectify and eliminate the potential hazards in a timely manner, once they find out any potential hazard that can cause elevator accident or any violation against elevator safety laws, regulations, or safety technical specifications. If rectification is not completed within the time limit or there is a serious potential hazard that can cause accident or casualty, emergency shut-down measures shall be taken immediately until the potential hazard is eliminated.
Article 25 The elevator safety supervision department shall establish a system to trace and assess the elevator full-life cycle quality and safety in the municipality, carry out monitoring to elevator life cycle risk, timely release early warning information, and implement classified supervision.
Article 26 The elevator safety supervision department shall intensify the application of new-generation information technology, collect, integrate, and analyze key information of supervision, realize the coordinated functioning of the entire supervision chain, the rational allocation of supervision resources, the intelligent response to supervisory requirements, and the convenient and efficient government services, and push on smart city construction under coordination.
Every agency and person engaged in elevator installation, service management, maintenance, repair, renovation, safety evaluation, load test, inspection or detection, shall submit elevator safety related data to the elevator safety supervision department in accordance with data collection rules, and shall be responsible for the authenticity and integrity of such information.
Article 27 If an elevator without elevator administrator is put into use in violation of the first paragraph of Article 4 hereof, the elevator safety supervision department shall take emergency shut-down measures until an elevator administrator is designated.
Article 28 If an elevator administrator fails to complete the elevator registration procedure in violation of Article 5 hereof, the elevator safety supervision department shall order such elevator administrator to make corrections within a specified time limit. If an elevator administrator fails to make corrections within the specified time limit, such elevator administrator shall be ordered to stop the use of the relevant elevator and be imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan.
If an elevator administrator, in violation of the third paragraph of Article 5 hereof, fails to perform the deregistration procedure within the specified time limit, the elevator safety supervision department shall make an announcement on deregistration.
Article 29 If an elevator administrator fails to fulfill its routine management responsibilities in accordance with Article 6 hereof, the elevator safety supervision department shall order such elevator administrator to make corrections within a specified time limit.I If an elevator adminstrator fails to make corrections in the specified time limit, the elevator administrator shall be ordered to stop the use of the relevant elevator and be imposed a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 30 If an elevator administrator, in violation of Article 7 hereof, fails to maintain the elevator, or make correction in time when knowing that the elevator maintenance agency entrusted by it fails to implement the maintenance as required, the elevator safety supervision department shall order it to make corrections within a specified time limit. If an elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be ordered to stop the use of the relevant elevator and be imposed to a fine of not less than 10,000 yuan but not more than 30,000 yuan, or be imposed to a fine of not less than 30,000 yuan but not more than 100,000 yuan if the circumstance is severe.
Article 31 If an elevator administrator fails to immediately stop using the elevator and set up an out-of-service sign, organize a comprehensive inspection, and eliminate the potential hazard, in violation of the first paragraph of Article 8 hereof, the elevator safety supervision department shall order such elevator administrator to make corrections within a specified time limit. If such elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be ordered to stop the use of the relevant elevator and be imposed to a fine of not less than 30,000 yuan but not more than 300,000 yuan.
If the elevator administrator fails to publicize the cause and handling plan of the failure or abnormal situation at prominent position of elevator until the elevator returns to serve, in violation of the second paragraph of Article 8 hereof, until the elevator returns to serve, and or fails to promptly report to the elevator safety supervision department as required, the elevator safety supervision department shall order it to make corrections within a specified time limit. If such elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be ordered to stop the use of the relevant elevator and be imposed to a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 32 If an elevator administrator fails to carry out emergency rescue of trapped passengers in elevator, in violation of the second paragraph of Article 9 hereof, the elevator administrator shall be imposed to a fine of not less than 10,000 yuan but not more than 30,000 yuan.
If an elevator administrator fails to inform the elevator safety supervision department of cause of the failure and handling process in time, in violation of the third paragraph of Article 9 hereof, the elevator safety supervision department shall order such elevator administrator to make corrections within a specified time limit. If such elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be imposed to a fine of not less than 2,000 yuan but not more than 10,000 yuan.
Article 33 If an elevator administrator fails to carry out elevator safety assessment, in violation of the Article 11 or the first paragraph of Article 12 hereof, the elevator safety supervision department shall order the elevator administrator to make corrections within a specified time limit; if such elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be ordered to stop the use of the relevant elevator and imposed to a fine of 20,000 yuan.
If an entity entrusted with conducting elevator safety assessment fails to carry out elevator safety assessment, in violation of the second paragraph of Article 12 hereof, the elevator safety supervision department shall order the entity entrusted with conducting elevator safety assessment to make corrections within a specified time limit; if such entity entrusted with conducting elevator safety assessment fails to make corrections within the specified time limit, the entity entrusted with conducting elevator safety assessment shall be imposed to a fine of 20,000 yuan.
Article 34 If an elevator administrator fails to carry out load test, in violation of the first paragraph of Article 13 hereof, the elevator safety supervision department shall order the elevator administrator to make corrections within a specified time limit; if such elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be ordered to stop the use of the relevant elevator and be imposed to a fine of 20,000 yuan for each elevator but up to 200,000 yuan in total.
Article 35 If a load test agency performs load test in violation of the third paragraph of Article 13 hereof, the elevator safety supervision department shall order the load test agency to make corrections within a specified time limit; if such load test agency fails to make corrections within the specified time limit, the load test agency shall be imposed to a fine of not less than 5,000 yuan but not more than 20,000 yuan; the load test agency shall be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan if the circumstance is severe.
Article 36 If an elevator maintenance agency fails to fulfill its elevator maintenance duties, in violation of Article 14 hereof, the elevator safety supervision department shall order the elevator maintenance agency to make corrections within a specified time limit and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan. If the circumstance is severe, the elevator safety supervision department shall impose the elevator maintenance agency a fine of not less than 30,000 yuan but not more than 100,000 yuan, and request the license issuing department to revoke its license according to law.
Article 37 If an elevator manufacturer or sales agency fails to fulfill its warranty obligations, in violation of the first paragraph of Article 16 hereof, the elevator safety supervision department shall order the elevator manufacturer to make corrections within a specified time limit; if such elevator manufacturer fails to make corrections within the specified time limit, the elevator manufacturer shall be imposed to a fine of 50,000 yuan for each elevator.
Anyone who, in violation of the second paragraph of Article16 hereof, puts an elevator into use without specified warranty liability of elevator manufacturer or sales agency, the elevator safety supervision department shall order the violator to make corrections within a specified time limit; if such violator fails to make corrections within the specified time limit, the violator shall be ordered to stop the use of the relevant elevator.
Article 38 If an elevator manufacturer or elevator sales agency, in violation of Article 17 hereof, sets up any device or program that restricts the normal use or maintenance of the elevator made or sold by it, the elevator safety supervision department shall order such elevator manufacturer or elevator sales agency to make corrections and impose a fine of 50,000 yuan for each elevator.
Article 39 If an elevator passenger disturbs public order or endangers public safety in violation of the first paragraph of Article 18 hereof, he/she shall be punished by the public security organ in accordance with provisions of the Law of the People's Republic of China on Penalties for Administration of Public Security; if he/she is suspected of committing a crime, he/she shall be investigated for criminal liability according to the law.
Article 40 If an elevator administrator, in violation of Article 19, fails to adopt relevant measures relating to the elevator out of service immediately or fails to maintain the elevator that has been out of service for more than fifteen days before it is put back into use, the elevator administrator shall be ordered by the elevator safety supervision department to make corrections within a specified time limit; if the elevator administrator fails to make corrections within the specified time limit, the elevator administrator shall be imposed to a fine of not less than 10,000 yuan but not more than 30,000 yuan.
Article 41 If an elevator is not equipped with power failure emergency facilities and equipment including but not limited to double circuit power supply system, reserve power supply or automatic leveling device and has no monitoring system of elevator safety, in violation of Article 21 hereof, the elevator safety supervision department shall issue a rectification order with time limit. If the violator fails to make corrections within the specified time limit, the elevator safety supervision department shall impose a fine of 10,000 yuan on the violator and order the violator to stop the use of the elevator.
Article 42 Elevators that have been sold prior to the implementation of these Provisions shall not be subject to the provisions of Article 16 hereof.
Article 43 The elevator safety supervision department shall formulate specific punishment standards on the range of fine stipulated in these Provisions.
Article 44 These Provisions shall come into force on January 1, 2020.
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