112 Regulations of Shenzhen Economic Special Zone on Safety Management of Elevators and Escalators[深圳经济特区电梯及自动扶梯安全管理条例（1995）]

Archived（May 28, 2018）

(Adopted at the Fourth Meeting of the Standing Committee of the Second Municipal People’s Congress of Shenzhen on November 3^rd,1995, promulgated by Announce No.19 of the Standing Committee of the Municipal People’s Congress of Shenzhen on November 3^rd,1995)

Chapter Ⅰ General Provisions

Article 1 These regulations are formulated in order to reinforce the safety management of elevators and escalators of Shenzhen Economic Special Zone (hereinafter referred to as “Special Zone”) and safeguard personal and property safety of users, owners and other interested persons of elevators and escalators.

Article 2 These regulations shall be applied to safety management of installation, great alteration, repair and maintenance, safety check-up and use of elevators or escalators within Special Zone.

Article 3 “Elevator” mentioned in these regulations means a fixed device, drawn by electricity power, that has a carriage carrying people and goods, which runs between rigid tracks with a inclination not more than 15°leaning from perpendicular.

“Escalator” mentioned in these regulations means a power driving device that carries people up or down and has function of cycle moving.

Article 4 The administrative department in charge of labor of People’s Government of Shenzhen Municipality (hereinafter referred to as “the Municipal Labor Administrative Department”) shall implement supervision and management of safety of elevators or escalators.

The administrative department in charge of construction of People’s Government of Shenzhen Municipality (hereinafter referred to as “the Municipal Construction Administrative Department”) shall implement supervision and management of installation and construction of elevators or escalators.

Article 5 The Municipal Labor Administrative Department shall, in accordance with these regulations, make compulsory safety detection to the elevators or escalators that newly installed, greatly altered and that have hidden danger, and shall make sampling inspection to the annual detection results of the elevators or escalators.

The Municipal Labor Administrative Department shall set up a detection office in charge of safety of elevators or escalators (herein after referred to as “the Municipal Elevator Safety Detection Office”) to undertake the compulsory safety detection and sampling inspection of elevators or escalators, and to make supervision and guidance on safety technique to the enterprises which engage in repair and maintenance of elevators or escalators according to these regulations.

Chapter Ⅱ Safety Qualification Attestation

If an enterprise that has not been registered in Shenzhen expects to undertake installation of elevators or escalators in Special Zone, it shall obtain construction license from the Municipal Construction Administrative Department and shall put on record to the Municipal Labor Administrative Department.

Article 7 Any enterprise that engages in repair and maintenance shall meet the following conditions:

(1) Having a registered safety director;

(2) Having registered detection personnel, which adapts to professional quantity of the enterprise;

(3) Having construction technical personnel and skilled workers, which adapts to professional quantity of the enterprise;

(4) Having principal drawing, connection drawing, components and parts drawing and other technique materials concerning the elevators or escalators repaired and maintained by the enterprise;

(5) Having a prefect safety management system and necessary safety facilities.

An enterprise applies for engaging in repairs and maintenance of elevators or escalators shall offer the certificate materials specified in the first paragraph of this article to the Municipal Labor Administrative Department, which shall make approval or not within 30days from receiving the application. If an approval is made, a “safety qualification certificate of repair and maintenance of elevators or escalators” shall be granted by the Municipal Labor Administrative Department; if an approval is not made, a written notice shall be given to the applied enterprise within 7days from the date of decision.

Article 8 The annual examination system shall be applied to safety qualification of repair and maintenance of elevators or escalators.

Article 9 The system of registered safety detector personnel shall be applied.

“Registered safety detector personnel” mentioned in these regulations means the professional persons who have obtained the “certificate of registered safety detector personnel of elevators or escalators” issued by the Municipal Labor Administrative Department, and have received commission to engage in safety detector and safety technical supervision of elevators or escalators.

Article 10 Anyone may take part in the examination for registered safety detector personnel organized by the Municipal Labor Administrative Department if he is competent for one of the following conditions. and shall be granted the qualification of registered safety detector personnel by the Municipal Labor Administrative Department if he has passed the examination:

(1) Being professional senior engineer, engineer or artificer of the electromechanical field, and engaging in technique work of elevators or escalators at present;

(2) Being professional assistant engineer of the electromechanical field, and having engaged in technique work of elevators or escalators for more than one year;

(3) Being professional technician of the electromechanical field, and having engaged in technique work of elevators or escalators for more than 3years;

(4) Having graduated from technical school of the electromechanical field, and being engaged in technique work of elevators or escalators for more than 5 years.

Article 11 Qualification of registered safety detector personnel shall be examined every 2 years.

Article 12 Registered safety detector personnel shall not, in his own name, engage in the safety detection, repair and maintenance of elevators or escalators.

Total quantity of the elevators or escalators detected and supervised by a registered safety detector personnel every year shall not exceed 100.

Chapter Ⅲ Installation, Check and Acceptance

Article 13 Proprietors of elevators or escalators shall, before installation, submit the relevant materials concerning the elevators or escalators to the Municipal Labor Administrative Department for record.

Article 14 When an enterprise engaging in installation of elevators or escalators enter into the construction site, it shall make conservatory measures at openings of wellhole, entrances of hall or sections like generator room of elevators or escalators in accordance with the operation rules promulgated by National Construction Department.

Proprietors of elevators or escalators shall apply to the Municipal Labor Administrative Department for check and acceptance before the elevators or escalators are delivered to proprietors for use. The Municipal Labor Administrative Department shall organized a complete detection to the elevators or escalators after receiving application, and shall issue the “certificate of permission of using elevators or escalators” when the elevators or escalators are confirmed up to standards after chekup.

Period of validity of the “certificate of permission of using elevators or escalators” is one year.

Article 16 Producers and sales units of elevators or escalators are obliged to bear responsibilities of repair and maintenance according to relevant national provisions and these regulations.

Chapter Ⅳ Repair, Maintenance and Detection

Article 17 Proprietors of elevators or escalators shall conclude contracts of repair and maintenance and periodic detection of elevators or escalators with the enterprises which have qualification of repair and maintenance of elevators or escalators.

Subcontracting of the contracts of repair and maintenance and periodic detection of elevators or escalators by the enterprises engaging in repair and maintenance is forbidden.

Article 18 Alteration of elevators or escalators shall be made by the repair and maintenance enterprises which have obtained corresponding qualification or the producers of elevators or escalators which have legal qualification. Alteration drawings of elevators or escalators shall be examined by several professional engineers altogether, signed and reported to the Municipal Labor Administrative Department for record.

Proprietors of elevators or escalators shall apply to the Municipal Labor Administrative Department for safety detection when alteration is finished. The Municipal Labor Administrative Department shall reissue the “certificate of permission of using elevators or escalators” when the elevators or escalators are confirmed up to standards after detection.

Article 19 The enterprises engaging in repair and maintenance shall, for every interval not more than half of a month, make a cleaning, lubrication, rectification and detection to elevators, escalators and their safety facilities.

Article 20 The enterprises engaging in repair and maintenance shall make a detection to the elevators or escalators they have repaired or maintained every year. Registered safety detection personnel of the enterprises engaging in repair and maintenance shall carry out the annual detection and sign on the detection report.

Article 21 Deputy of annual detection report of elevators or escalators made by the enterprises engaging in repair and maintenance shall be submit to the Municipal Labor Administrative Department for record.

The Municipal Labor Administrative Department shall make a sampling detection to the elevators or escalators repaired or maintained by the enterprises engaging in repair and maintenance according to their recorded annual detection report. The Municipal Labor Administrative Department shall reissue the “certificate of permission of using elevators or escalators” when the elevators or escalators are confirmed up to standards after sampling detection.

Article 22 If there is a elevator or escalator confirmed not up to standards after sampling detection, the Municipal Labor Administrative Department shall order the enterprise repaired or maintained it to make a detection again, and shall make another sampling detection after the re-detection according to relevant provisions. If there still is a elevator or escalator not passed the sampling detection, the Municipal Labor Administrative Department shall order the enterprise to rectify and reform in limited time or to revoke the safety qualification certificate of the enterprise.

Article 23 Proprietors are obliged to make a master set trial every 5 years to each of elevators, and every 3 years to each of escalators. Registered safety detection personnel of the enterprises engaging in repair and maintenance shall carry out the master set trial and sign on the trial report.

Deputy of the trial report shall be submit to the Municipal Labor Administrative Department for record.

Article 24 If the Municipal Labor Administrative Department deems that it is necessary to make a safety detection for a elevator or escalator with hidden danger, the detection shall be made by the Municipal Elevator Safety Detection Department.

Article 25 If the Municipal Elevator Safety Detection Department, during the safety detection, finds out technical fault that hinders the elevator and escalator from running in safety, he has right to close the elevator or escalator, and send the notice of trouble cleaning to the proprietor and the enterprise in charge of repair and maintenance for the elevator or escalator. The proprietor and the enterprise shall clear the fault according to demand of the notice.

Article 26 The Municipal Elevator Safety Detection Department shall bear technical responsibilities for detection conclusion of the compulsory safety detection to elevators or escalators made by the department according to these regulations.

ChapterⅤ Management of Use

Article 27 Proprietors shall perform the following obligations during use of elevators or escalators:

(1) Determining reasonable opening period of time of elevators or escalators;

(2) Allocating drivers to elevators according to elevators’ usage illumination;

(3) Providing special management personnel in charge of daily supervision management of elevators and escalators, and founding operation files of elevators and escalators to record operation conditions of elevators or escalators and work contents of the enterprises engaging in repair and maintenance;

(4) Setting up stations of management personnel at the sites of receivable to get warning signals;

(5) Posting the “certificate of permission of using elevators or escalators” on prominent places of elevators or escalators;

(6) Drawing up emergence rescue scheme and operating procedures, and organizing professional personnel to implement;

(7) Positively organizing salvage, and reporting to relevant departments and the enterprise engaging in repair and maintenance when an accident arises;

(8) Posting relevant safety warning signs, name of safety management personnel, name of the repair and maintenance enterprises and telephone number for emergence or complaint at prominent places of alleyway of elevators or escalators;

(9) Strengthening management of fire protection and sanitation of elevators and escalators;

(10) Equipping the elevators for passenger or escalators of high-rise building with spare electric source.

Article 28 Enterprises engaging in repair and maintenance shall perform the following obligations during use of elevators or escalators:

(1) Legal representation shall, as the first responsibility person of the enterprise, assume all-round leading responsibilities for safety production of the enterprise;

(2) Establishing system of safety production responsibility and system of safety self-detection, and guaranteeing that the technical capability of the elevators or escalators repaired or maintained by the enterprise accords with national standards;

(3) Drawing up safety operating rules of all links of repair and maintenance, and guaranteeing its implement;

(4) Timely informing the proprietors in written when it is need for them to cooperate the enterprise to implement certain safety measure;

(5) Being in charge of fulfilling on-the-spot safety protection measures to guarantee construction safety during repair and maintenance;

(6) Personnel of repair and maintenance shall have operating certificate for controllers of special operations;

(7) Getting to the spot of accident within one hour, and making rescue measures within its powers and responsibilities after receiving the notice of accident.

Article 29 Registered safety detection personnel shall perform the following obligations during daily repair and maintenance of elevators or escalators:

(1) Carrying out detection, signing “detection report” and bearing technical responsibilities of detection conclusion according to national relevant standards and these regulations;

(2) Bearing technical supervision responsibilities to elevators or escalators that he has made annual detection, directing and supervising daily work of the personnel of repair and maintenance;

(3) Getting to the spot of accident immediately after receiving accident report or complaint of hidden danger of the elevators or escalators supervised by him.

Article 30 Any person who use elevator or escalator shall abide by the following basic rules:

(1) Obeying safety rules of using elevator or escalator, and operating according to safety warning signals;

(2) If a child under 7 years old, an insane persons or another person who is incapable of using elevator or escalator by himself because of disease or disability wants to use elevator or escalator, there shall be a person with capacity of disposition to help him;

(3) Taking good care of elevator or escalator facilities;

(4) Not chasing after another in elevators or escalators;

(5) Shall not take the liability of using the elevators for passenger to carry goods without license of management persons. Shall not use escalators to carry goods excluding the articles carrying with the passengers.

Chapter Ⅵ Report, Investigation and Disposal of Accidents

Article 31 If an accident in safety of elevator or escalator arises, the proprietor shall report it to the Municipal Labor Administrative Department and the enterprises engaging in repair and maintenance. If the accident results in grave casualty, the proprietor shall, in addition, report it to the Municipal Public Security Organization and the Municipal Prosecutorial Organization within 24 hours according to relevant national provisions.

Article 32 After finish of disposal of accident spot, the enterprises engaging in repair and maintenance shall, jointly with the proprietor, check, repair and deal with the accident elevator or escalator in time.

Article 33 The Municipal Labor Administrative Department shall employ professional persons to make an appraisal for the accident’s character. The professional persons have right to learn about relevant information or ask for relevant materials from accident units and related persons. Any unit and individual shall not refuse, hinder or interfere with the normal work of accident investigation.

Chapter Ⅶ Legal Liability

Article 34 Any proprietor of elevators or escalators, in violation of these regulations, commits any of the following acts, shall be subject to the warning and direction of the Municipal Labor Administrative Department for correction and the imposition of a fine of nor less than2,000 yuan, nor more than 20,000 yuan:

(1) Taking the liability of using elevators or escalators without obtaining the “certificate of permission of using elevators or escalators”, or the “certificate of permission of using elevators or escalators” is invalided;

(2) Not entrusting the enterprises with the qualification to make repair and maintenance according to provisions;

(3) Not allocating a full-time driver, which is specified in the using illustration of elevator;

(4) Taking improper management which results in safety protection devices of elevators or escalators’ losing of efficacy;

(5) Other circumstances in violation of these regulations.

Article 35 Any enterprise engaging in repair and maintenance, in violation of these regulations, commits any of the following acts, shall be subject to the warning and direction of the Municipal Labor Administrative Department for correction and the imposition of a fine of not less than5,000 yuan, nor more than 50,000 yuan:

(1) Making great alteration to elevators or escalators in violation of these regulations;

(2) Engaging in repair and maintenance of elevators or escalators without acquiring qualification of safety certification, or holding invalid certificate of safety qualification;

(3) Lending or conveying the certificate of safety qualification to other unit or individual;

(4) Persons on-the-post having no the operating certificate of special operation;

(5) Being not up to the standards even after being ordered to make correction in the limited time in case it is not passed the annual examination;

(6) Other circumstances in violation of these regulations.

Article 36 The Municipal Elevator Safety Detection Department and its staff member shall bear responsibilities of compensation according to relevant provisions, if losses are brought about to others due to negligence during detection.

If the Municipal Elevator Safety Detection Department or its staff member provides false detection report, he shall be given administrative sanction by the Municipal Labor Administrative Department; if losses are brought about to others, he shall bear responsibilities of compensation according to relevant provisions; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

Article 37 The registered safety detection personnel shall be disqualified and be, imposed a fine of not less than 2,000 yuan, nor more than20,000 yuan according to seriousness of the case by the Municipal Labor Administrative Department.

Article 38 If an accident causes casualties and property losses, the claimant has right to request the proprietor to bear the responsibilities of compensation in advance; the proprietor has the right of recourse after investigation of the Municipal Labor Administrative Department.

Article 39 Compensation caused by the accident shall be desolved by both parties through consultation; if an agreement fails to be made, the parties shall apply to the Municipal Labor Administrative Department for mediation. If one of the parties is unwilling to settle their dispute through mediation, or if mediation proves unsuccessful, he may bring a suit to the People’s Court according to law.

Article 40 Any of the users of elevators who violates Article30 of these regulations which causes an accident shall bear corresponding responsibilities, and shall bear the responsibilities of compensation if he damages elevators or escalators.

Article 41 Any of proprietors, installation enterprises, enterprises engaging in repair and maintenance, registered safety detection personnel, management persons of elevators, who violates these regulations so seriously that he violates the criminal code, the judicial organizations shall investigate his criminal responsibilities

Article 42 Anyone of the staff members of the Municipal Labor Administrative Department who abuses their power, practices graft or embezzlement, or neglects his duties shall be imposed disciplinary sanctions by his respective or higher organizations; if the case constitutes a criminal, it shall be turned over to the judicial organizations for investigation of criminal responsibilities.
Article43 The punished unit or individual, who is dissatisfied with the decision on an administrative sanction, may apply to the authorities at the next higher level for reconsideration , or directly bring a suit before a people’s court, within 15days of receiving the notification on the sanction.

If he is dissatisfied with the decision of reconsideration, he may, within 15 days of receiving reconsideration decision, bring a suit before a people's court.

If, upon the expiration of the period, the party has neither applied for consideration, nor has brought a suit before a people's court, nor has complied with the sanction, the authorities that impose the sanction shall request the People's Court to issue an injunction for compulsory enforcement.

Chapter Ⅷ Supplementary Provisions

Article 44 Safety management of automatic sideway shall be implemented with reference to the provisions concerning escalators of these regulations.

Article 45 These regulations shall not apply to safety management of the lifters on construction scene, the special lifting facilities of mine, and elevators or escalators on ships.

Article 46 These regulations shall go into effect as of the date of promulgation.