Measures of Beijing Municipality for Safety Management and Supervision of Elevators

· Document Number：Decree No. 205 of Beijing Municipal People’s Government

· Area of Law： Public Security

· Level of Authority： Local Government Rules

· Date issued：04-10-2008

· Effective Date：06-01-2008

· Status： Effective

· Issuing Authority： People's Government of Beijing Municipality

Decree of Beijing Municipal People's Government
(No. 205)
The Measures of Beijing Municipality for Safety Management and Supervision of Elevators, adopted at the 1st Meeting of the Beijing Municipal People's Government on March 21, 2008, are hereby promulgated and shall be effective as of June 1, 2008.
Mayor: Wang Qishan
April 10, 2008
Measures of Beijing Municipality for Safety Management and Supervision of Elevators(Promulgated by Decree No. 205 of the People's Government of Beijing Municipality on April 10, 2008)
CONTENTS
Chapter I General Provisions 
Chapter II Production of Elevators 
Chapter III Service of Elevators 
Chapter IV Inspection and Testing 
Chapter V Supervision and Examination 
Chapter VI Legal Liability 
Chapter VII Supplementary Provisions 
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on Work Safety and the State Council's Regulations on Safety Supervision of Special Equipment and by taking into account the particular situations of this Municipality, for the purpose of ensuring safe operation of elevators, preventing against and reducing accidents, and safeguarding the safety of people's life and property.
Article 2 These Measures shall be observed in production (including manufacture, installation, renovation, repair and daily maintenance, the same below), use, examination and test of elevators as well as supervision and inspection activities related thereto within the administrative area of this Municipality.
Article 3 Elevator producers and users shall establish a sound safety management system and a job responsibility system for safety. The principal administrators of elevator producers and users shall assume the overall responsibility for the safety of their elevators.
Article 4 The municipal and district (county) quality and technical supervision bureaus are the competent departments for safety management and supervision of elevators in this Municipality (hereinafter referred to as the departments for safety management and supervision of elevators).
The district (county) departments for safety management and supervision of elevators shall bring success to safety management and supervision of elevators within their respective administrative areas.
The municipal department for safety management and supervision of elevators shall strengthen supervision, inspection and guidance towards the district (county) departments for safety management and supervision of elevators.
Article 5 The district (county) people's governments shall strengthen leadership over safety management of elevators, urge and support the district (county) departments for safety management and supervision of elevators to assume their duties of supervision and administration in accordance with the law, and promptly coordinate and solve the major problems in safety management and supervision of elevators.
Article 6 Schools, news media, social organizations and primary mass organizations of self-government shall carry out publicity and dissemination of the knowledge and laws concerning safety of elevators, advocate polite taking of elevators, and enhance consciousness of safety and self-protection capability.
Article 7 This Municipality encourages introduction of scientific management measures and adoption of advanced technologies, so as to improve the safety performance of elevators and the level of management and to increase the capability of elevator producers and users in the prevention of accidents.
Article 8 Each unit or individual shall have the right to report illegal acts in violation of regulations on safety of elevators and hidden dangers likely to cause accidents to the department for safety administration and supervision of elevators.
Chapter II Production of Elevators
Article 9 An elevator manufacturer shall, in accordance with the requirements of technical regulations on safety, provide appropriate documents accompanying with the equipment and ensure the supply of spare parts of elevators.
Article 10 Before the installation, renovation or repair of an elevator, the construction unit shall notify in writing the proposed installation, renovation or repair to the local district (county) department for safety management and supervision of elevators and may commence the construction after the notification. During the construction, the construction unit shall implement the Safety Code on Installation and Repair of Elevators promulgated by Beijing Municipality and ensure the safety of the construction.
An organization engaged in installation, renovation, repair or daily maintenance of elevators shall implement the Self-check Rules for Installation, Renovation, Major Repair and Maintenance of Elevators promulgated by Beijing Municipality and make proper records of the self-check.
Article 11 Upon completion of the installation, renovation or major repair of an elevator, the construction unit shall handover relevant technical materials to the elevator user within 30 days as from the construction project passes the inspection. The elevator user shall include such materials into the safety and technical archives of the elevator in question.
Article 12 An organization engaged in daily maintenance of elevators shall bring success to the following work:
(1) making plans for daily maintenance of elevators in accordance with the requirements for items, methods and periods of maintenance stated in the instructions on use and maintenance of elevators so as to ensure safety and technical functions of the elevators maintained thereby;
(2) carrying out a daily maintenance at least once every 15 days;
(3) making plans for emergencies and rescues and carrying out an emergency drill at least once every half a year;
(4) maintaining a 24-hour hotline for daily maintenance and fixing the breakdown without any delay after receiving a notice;
(5) arriving at the spot to carry out rescue within 30 minutes after receiving a report that a passenger is trapped in an elevator;
(6) implementing the Rules on Daily Maintenance of Elevators promulgated by Beijing Municipality when carrying out daily maintenance and making proper records; and
(7) assisting elevator users to develop elevator safety management systems and plans for emergencies.
Article 13 An organization engaged in installation, renovation, repair or daily maintenance of elevators shall offer safety education and technical trainings to elevator operation personnel and maintain a record of their education and trainings.
The record of safety education and technical trainings shall be kept for at least two years.
Article 14 Persons to engage in installation, renovation, repair or daily maintenance of elevators shall obtain an appropriate Certificate for Personnel Operating Special Equipment. Among these persons, those who are to engage in installation or renovation of elevators shall be qualified for installation of elevators, and those who are to engage in repair or daily maintenance of elevators shall be qualified for repair of elevators. Anyone who has not acquired the Certificate for Personnel Operating Special Equipment shall not take the post for any elevator-related operation.
Persons who are conducting installation, renovation, repair or daily maintenance of elevators shall hold their certificates during the operation.
Chapter III Service of Elevators
Article 15 An elevator user shall:
(1) establish a setup for elevator safety management or assign full-time persons for elevator safety management;
(2) develop a management system for safe operation of the elevator and have this system strictly implemented and maintain a complete technical archive for the elevator;
(3) ensure that the emergency alarming device of the elevator is capable of giving effective answers to emergency calls for help;
(4) post the safety instructions, warning marks and certificate of Passed Safety Test in the cages of the elevator or at a prominent position of the exit and entrance;
(5) make a plan for emergencies and rescues in case of accidents and organize drills at regular intervals; and
(6) in case where a passenger is trapped in the elevator, take rapid measures to console the trapped passenger and organize the rescue.
Article 16 In case of breakdown or abnormally of an elevator, the elevator user shall organize an all-round check. The elevator in question cannot be put into service anew until the hidden dangers have been eliminated.
Article 17 The elevator used by an elevator user shall measure up to the technical regulations on safety. An elevator shall not purchase those elevators manufactured by units not obtaining the elevator manufacture license. The organization entrusted by an elevator user with installation, renovation, repair or daily maintenance of its elevators shall have already obtained the appropriate license.
Article 18 Prior to the putting-into-service of an elevator or within 30 days after such putting-into-service, the elevator user shall register with the local district (county) department for safety management and supervision of elevators.
Where an elevator is to be suspended from service for more than 15 days, the elevator user shall notify the original registration department in writing within ten days from the date of suspension of service, and shall notify the original registration department in writing before it is put into service anew.
Where an elevator is discarded, the elevator user shall go through the formalities for cancellation of registration with the original registration department within 30 days from the date of the discard.
Article 19 The installation, renovation and major repair of an elevator must be subject to the supervision and inspection by the elevator inspection and test institution in accordance with the requirements of technical regulations on safety.
An elevator user shall not put into service any elevator not passing the supervision and inspection.
Article 20 An elevator in service shall be inspected at regular intervals and the cycle of such regular inspection shall be one year. The elevator user shall make a request for regular inspection to the elevator inspection and test institution one month before the safety inspection qualification is due.
Any elevator that is not inspected regularly or fails in the inspection shall not be put into service any longer.
Article 21 The safety management staff of an elevator user shall fulfill the following duties:
(1) to carry out daily inspection of operation of the elevator, make proper records of daily service of the elevator, and implement the plan for regular inspection of the elevator;
(2) to take good care of the keys of the landing doors, engine rooms and power supply rooms;
(3) to supervise the unit conducting daily maintenance of elevators to overhaul and maintain the elevator at regular intervals;
(4) if finding any hidden dangers to safety of an elevator that shall thus be suspended from service, to decide to suspend the service of the elevator and make an immediate report to the principal administrator of the unit; and
(5) in case of fire, earthquake or other emergencies endangering operation of the elevator and personal safety of passengers, to take prompt measures and stop operation of the elevator.
Article 22 Elevator passengers shall correctly take elevators as required by safety instructions and warning marks, and shall not commit one of the following acts:
(1) to take an elevator that is expressly notified to be in abnormal conditions;
(2) to push aside or prize open the landing door or cage door by force;
(3) to jump or quarrel and fight noisily in an elevator;
(4) to take an elevator with flammable or explosive Articles or hazardous chemicals;
(5) to dismantle or destroy any parts, signs or symbols of an elevator;
(6) to carry goods exceeding the load quota of an elevator; or
(7) other acts endangering the safe operation of an elevator.
In case of breakdown of an elevator, the passenger who is taking the elevator shall contact the elevator management person through the alarming device and shall follow the instructions thereof.
Article 23 The expenses for replacement, renovation, repair or daily maintenance of an elevator shall be borne by the owner of the elevator.
Where the owner of an elevator entrusts the use and management of the elevator to others, the said owner shall enter into a written contract with the unit using and managing the elevator to clearly define their respective safety management responsibilities as well as the duties to pay for replacement, renovation, repair or daily maintenance of the elevator.
The management of funds for replacement, renovation and repair of an elevator in a residential building shall be governed by the relevant regulations of the State and this Municipality on special-purpose repair funds for residential buildings.
Chapter IV Inspection and Testing
Article 24 When carrying out inspection and testing of elevators, the elevator inspection and testing institutions and their inspectors and testers shall follow the good faith doctrine and the principle of offering convenience to the public, so as to provide reliable and convenient inspection and testing services to elevator producers and users.
The elevator inspection and testing institutions and their inspectors and testers shall be obligated to keep confidential the commercial secrets of the units being inspected and tested.
Article 25 The elevator inspection and testing institutions shall ensure that their inspectors and testers engaged in elevator inspection and testing have the qualification prescribed by the State and the inspection and testing are carried out in accordance with the requirements of the technical regulations on safety, and shall be responsible for the inspection and testing results.
Article 26 The elevator inspection and testing institution shall arrange the inspection and testing within five working days from the date of receipt of the application for inspection and testing. Upon completion of the inspection and testing, the elevator inspection and testing institution shall issue the inspection and testing report within ten working days; the certificate of Passed Safety Test shall be issued together with the report if the elevator passes the inspection and testing.
Article 27 Where an elevator user has objections to the inspection and testing results, it may put forward the objections to the elevator inspection and testing institution in writing within 15 days from the date of receipt of the inspection and testing report. The elevator inspection and testing institution shall make a written reply to the elevator user within 15 days.
Where the elevator inspection and testing institution fails to make a reply upon expiry of the time limit or the elevator user still has objections to the written reply of the elevator inspection and testing institution, the elevator user may apply to the local department for safety management and supervision of elevators for re-inspection within 15 days from the date of receipt of the reply. The department for safety management and supervision of elevators accepting the application for re-inspection shall make a re-inspection conclusion within 30 days.
Article 28 Upon discovery of any hidden danger to safety in carrying out inspection and testing, the elevator inspection and testing institution shall notify the elevator user in writing. Upon discovery of any serious hidden danger to safety, it shall additionally report to the local department for safety management and supervision of elevators immediately.
Article 29 The elevator inspection and testing institutions and their inspectors and testers shall not engage in the production or sale of elevators, nor recommend elevators or supervise the manufacture or sale of elevators in their own names.
Article 30 Where the elevator inspection and testing institutions or their inspectors and testers make things difficult for elevator producers or users by taking advantages of their inspection and testing, the elevator producers or users shall have the right to make complaints to the departments for safety management and supervision of elevators. The departments for safety management and supervision of elevators receiving the complaints shall investigate and handle the complaints without delay.
Where the complaints are proved to be the fact after the investigation, the departments for safety management and supervision of elevators may appoint otherwise elevator inspection and testing institutions to undertake inspection and testing of the elevators of the complainants.

Chapter V Supervision and Examination
Article 31 The departments for safety management and supervision of elevators shall place a high priority on the safety supervision over the elevators in places with dense population, including schools, kindergartens, airports, railway or bus stations, stores, stadiums and gyms, and exhibition halls, as well as places for important meetings or major events.
Article 32 When the departments for safety management and supervision of elevators carry out on-the-spot examination in an elevator producer or user or in an elevator inspection and testing institution, the entity being examined shall grant cooperation.
Article 33 Where the department for safety management and supervision of elevators finds any act of an elevator producer or user or an elevator inspection and testing institution in violation of the provisions of the Regulations on Safety Supervision of Special Equipment and these Measures, or finds any hidden danger to safety of an elevator in service, it shall send a written instruction on supervision over safety of special equipments and order the party concerned to take prompt measures to make corrections or eliminate the hidden danger.
Upon discovery of any serious hidden danger to safety of an elevator, the department for safety management and supervision of elevators shall report to the people's government at the same level; if the support and cooperation of any other department are needed, it shall also notify such department.
Article 34 Where the residents' committee or villagers' committee finds any hidden danger to safety of an elevator or illegal act of an elevator producer or user within its area, it shall promptly report to the local department for safety management and supervision of elevators or any other department with the duty of safety management and supervision, and shall assist the governmental department concerned to carry out supervision and examination.
After receiving the report, the department concerned shall handle the case without delay if it falls into its jurisdiction, or, if the case does not fall into its jurisdiction, transfer it to the department with the authority to handle and notify the reporting party of the transfer.

Article 35 In case of accident of an elevator, the organization where the accident happens shall rapidly take effective measures to organize the rescue, prevent the enlargement of the accident, and reduce the human casualties and property losses.
The procedures for reporting, investigation into and disposition of elevator accidents shall be governed by the provisions of State Council's Regulations on Reporting, Investigation into and Disposition of Accidents Endangering Work Safety.
Article 36 The municipal department for safety management and supervision of elevators shall, in accordance with the provisions of Article 61 of the Regulations on Safety Supervision of Special Equipment, announce the safety status of elevators to the public at regular intervals, and shall announce in due time to the public the amount and distribution of elevators in service in this Municipality and the information about the organizations engaged in installation, renovation and repair of elevators.
Chapter VI Legal Liability
Article 37 Where an organization engaged in installation, renovation or repair of elevators, in violation of Paragraph 1, Article 10 of these Measures, fails to implement the Safety Code on Installation and Repair of Elevators promulgated by this Municipality and thus causes any hidden danger to safety of an elevator, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit; where it fails to make corrections upon expiry of the time limit, a fine of not more than 5,000 Yuan shall be imposed thereupon.
Where an organization engaged in installation, renovation, repair or daily maintenance of elevators, in violation of Paragraph 2, Article 10 of these Measures, fails to implement the Self-check Rules for Installation, Renovation, Major Repair and Maintenance of Elevators promulgated by this Municipality and thus causes any hidden danger to safety of an elevator, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit; where it fails to make corrections upon expiry of the time limit, a fine of not more than 5,000 Yuan shall be imposed thereupon.
Where an organization engaged in installation, renovation, repair or daily maintenance of elevators causes an elevator accident by committing an illegal act mentioned above and results in human casualties or property losses, the organization concerned shall be punished in accordance with relevant laws and regulations on work safety.
Article 38 Where an organization engaged in daily maintenance of elevators commits an act in violation of Article 12 of these Measures, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit; where it fails to make corrections upon expiry of the time limit, a fine of not less than 2,000 Yuan but not more than 5,000 Yuan shall be imposed thereupon.
Article 39 Where an organization engaged in installation, renovation, repair or daily maintenance of elevators, in violation of Article 13 of these Measures, fails to offer safety education and trainings to elevator operation personnel, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit; where it fails to make corrections upon expiry of the time limit, a fine of not less than 2,000 Yuan but not more than 20,000 Yuan shall be imposed thereupon.
Article 40 Where a person who is conducting installation, renovation, repair or daily maintenance of elevators, in violation of Paragraph 2, Article 14 of these Measures, fails to hold the certificate during the operation, the department for safety management and supervision of elevators shall order the person to make corrections and impose a fine of not less than 500 Yuan but not more than 5,000 Yuan on the relevant organization engaged in installation, renovation, repair or daily maintenance of elevators.
Article 41 Where an elevator user violates Article 15 of these Measures, the department for safety management and supervision of elevators shall handle the case in accordance with relevant provisions of the Regulations on Safety Supervision of Special Equipment. Additionally, where the user violates Item (3), (4) or (6) of Article 15, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit; where it fails to make corrections upon expiry of the time limit, a fine of the following amount shall be imposed:
(1) if, in violation of Item (3), the emergency alarming device of the elevator is not capable of giving effective answers to emergency calls for help, the amount of the fine shall be 2,000 Yuan;
(2) if, in violation of Item (4), no valid certificate of Passed Safety Test is posted in the cage of an elevator or at a conspicuous place of the exit and entrance, the amount of the fine shall be 500 Yuan;
(3) if, in violation of Item (6), no rapid measures are taken to console the trapped passenger and to organize the rescue in case where a passenger is trapped in an elevator, the amount of the fine shall be 5,000 Yuan;
Article 42 Where an elevator user, in violation of Article 17 of these Measures, entrusts an organization not obtaining the appropriate license with installation, renovation, repair or daily maintenance of elevators, the department for safety management and supervision of elevators shall order it to stop the illegal act immediately and shall impose a fine of not less than 5,000 Yuan but not more than 50,000 Yuan on the elevator user.
Article 43 Where an elevator user, in violation of Paragraph 2, Article 19 of these Measures, uses an elevator not passing the supervision and inspection, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit and shall impose a fine of not less than 2,000 Yuan but not more than 20,000 Yuan.
Article 44 Where an elevator inspection and testing institution, in violation of Article 26 of these Measures, fails to arrange the inspection and testing, issue the inspection and testing report, or issue the certificate of Passed Safety Test within the prescribed time limit, the department for safety management and supervision of elevators shall order it to make corrections within a specified time limit and shall impose a fine of not less than 5,000 Yuan but not more than 10,000 Yuan..
Where an elevator inspection and testing institution causes any losses to an elevator user due to an illegal act mentioned above, it shall shoulder the compensation liability.
Chapter VII Supplementary Provisions
Article 45 These Measures shall not apply to management of safe use, inspection and testing of private elevators in houses of residents.
Article 46 These Measures shall be effective as of June 1, 2008. The Measures of Beijing Municipality for Supervision over Safety of Elevators promulgated by the municipal people's government on June 10, 2003 shall be repealed simultaneously.