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New regulation: The minimum warranty period for elevators is 5 years, and electric bicycles are prohibited from entering passenger elevators

2020-05-27


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New regulation: The minimum warranty period for elevators is 5 years, and electric bicycles are prohibited from entering passenger elevators



On the afternoon of August 31st, the "Nanjing Elevator Safety Regulations" (hereinafter referred to as the "Regulations") were passed in the second instance by the 31st meeting of the Standing Committee of the 16th Municipal People's Congress. According to legal procedures, this Regulation will be submitted to the Standing Committee of the Provincial People's Congress for approval before being promulgated and implemented.


The Nanjing Elevator Safety Regulations came into effect on March 1, 2012. As the first elevator safety regulation in China, the "Nanjing Elevator Safety Regulations" have been revised for the first time in ten years, "said Xia Dezhi, director of the Legislative Affairs Committee of the Standing Committee of the Municipal People's Congress, vice chairman of the Legislative Affairs Committee of the Municipal People's Congress, and first level inspector. This revision directly faces new situations and problems in the field of elevator safety, and has made significant modifications and adjustments to the original regulations, aiming to fully guarantee the" safety of citizens going up and down stairs "through legislative means and further enhance the intrinsic safety level of Nanjing city.


What should we do with the 'new house and old elevator'? The warranty period for elevators has been extended from 2 years to 5 years


The revised Regulations consist of eight chapters and 64 articles, divided into general provisions, selection and configuration, manufacturing and installation, use, maintenance, inspection and testing, supervision and management, legal responsibilities, and supplementary provisions. The reporter noticed that compared to the old regulations formulated in 2011, the "Regulations" have made many highlight regulations on key livelihood issues that citizens are concerned about.


The industry practice is to provide a 2-year warranty period for elevators when they leave the factory. The development and construction cycle of residential communities usually takes 4 to 5 years from the start of construction to the completion of the homeowner's move in. In addition, during this period, developers use elevators to transport building materials at high intensity, resulting in homeowners' "over guarantee upon move in". How to solve this problem? Article 17 of Chapter 2 of the Revised Draft Regulations stipulates that the minimum warranty period is five years from the date of elevator installation supervision and inspection. The issue of 'old elevators in new houses' has led to a reduction in the actual warranty rights enjoyed by homeowners, which violates the principle of fairness, "said Xia Dezhi. Based on the analysis of big data on elevator failure rates and the actual situation of elevator manufacturing units, a five-year warranty period is more suitable and feasible, which is also conducive to forcing elevator manufacturing enterprises to improve product quality.


At the same time, Article 17 of the revised draft of the Regulation, which states that "component fees may be charged", has been revised to "repair or replacement component fees shall not be charged" during the second instance.


How to prevent elevator safety accidents? Electric bicycles are prohibited from entering passenger elevators


In recent years, many safety accidents caused by electric bicycles entering elevator cars in China have been shocking! "Xia Dezhi introduced that after the first review of the Regulation, the legislative work team carefully sorted out the deliberation opinions of the members of the Standing Committee, and organized legal experts to conduct legislative argumentation on the relatively concentrated opinions. After listening to multiple expert discussions and legislative research symposiums, the system was supplemented from the perspective of prioritizing the right to life over property rights and the right to convenient transportation.


The Regulation proposes that electric bicycles and their batteries are not allowed to enter passenger elevators, and promotes the formation of a social joint force for joint supervision. It stipulates that other passengers, elevator users, owners, and owners' committees have the right to dissuade and stop, and those who refuse to comply should also be reported in a timely manner. Article 60 of the Regulations establishes corresponding legal responsibilities, stating that "those who refuse to listen to dissuasion shall be fined not less than 200 yuan but not more than 1000 yuan by the fire rescue agency", to promote the implementation of obligations through rigid responsibilities.


How to break down old elevators that are difficult to repair? Operating for more than 15 years and included in key annual inspections


The Regulation also establishes a system for the management, renewal, renovation, and related cost raising of old elevators, requiring regulatory agencies to include elevators that are over 15 years old and have a high failure rate in their annual key inspection scope. At the same time, it is clarified that public gathering places and high-rise building elevators with main components that meet the scrap standard and have a service life exceeding 15 years should undergo safety assessments. Based on the assessment conclusions, they should be renovated and updated. Elevators that cannot meet the safe use conditions after evaluation and rectification should be forcibly scrapped.


The Regulation further improves the regulatory system, clarifies relevant management responsibilities, legislates to solve problems in elevator use, and prevents and reduces elevator safety failures. This is the 'key move' in elevator safety legislation, "said Xia Dezhi.


It is reported that this legislation has made innovative explorations in terms of legislative mechanism and legislative methods. The Standing Committee of the Municipal People's Congress invited expert consultants for the first time to deeply participate in the entire process of legislative research and demonstration of the Regulations, and held a large-scale legislative hearing for the first time in accordance with standardized procedures. On July 20th, the Standing Committee of the Municipal People's Congress selected 11 participants for the public hearing through open registration, fair lottery, and random selection; Ten representatives of the National People's Congress, members of the Chinese People's Political Consultative Conference, experts and scholars, government departments, and relevant stakeholders will participate in the hearing through invitations from the National People's Congress and recommendations from organizations. The hearing focuses on how to crack the "aging" of high-rise elevators, how to set a minimum warranty period for elevators, whether electric bicycles should be prohibited from entering elevators, and other issues of public concern. Various opinions are expressed on the legality and operability of each "consultation" clause.


Elevator safety is related to thousands of households, and high-frequency research and demonstration are aimed at facing regulatory difficulties, responding to people's concerns, further tightening the responsibility chain, strengthening responsibility implementation, and ensuring the safety of citizens going up and down stairs, "said Xia Dezhi.


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Industry Trends
Industry Trends