Measures of Wuhan Municipality for the Administration of Elevator Safety (hereinafter referred to as the Measures) was reviewed and approved at the 155th Executive Meeting of Wu Municipal People’s Government on December 30, 2015. It was promulgated as Decree No. 267 of Wuhan Municipal Government and implemented on March 1, 2016.The issue of the Measures plays a positive role in improving the elevator safety supervision system, solving prominent elevator problems, preventing and reducing elevator accidents and elevator failures and ensuring the people’s life and property safety. Interpretation of Measures of Wuhan Municipality for the Administration of Elevator Safety.Legislative Affairs Office of Wuhan Municipal People’s Government  Wuhan Bureau of Quality and Technical Supervision

I. Necessity of Formulating the Measures

In recent years, the annual growth rate of elevators installed in Wuhan has reached 18%. By the end of 2015 elevators in use in Wuhan had totaled 74,000 units, ranked the first among cities in Central China.With the rapid expansion of the application scope of elevators, more and more elevator riders and diversification of subjects of safety liabilities, new problems and conflicts have emerged and become increasingly prominent in the elevator safety management and supervision. Responsibility disputes, complaints and group events related to elevator safety management have increased rapidly, affecting social harmony and stability to some extent.

Wuhan Municipal People’s government has attached great importance to elevator safety management. In 2011 and 2015 it issued Opinions on Strengthening the Comprehensive Management of Residential Elevators (Wuhan Policies and Regulations 〔2011〕 No. 19) and Notice on Further Improving Elevator Safety Management (Wuhan Policies and Regulations 〔2015〕 No. 9) respectively, playing a positive role in ensuring the stable and safe operation of elevators.

However, in reality there exist problems such as unclear elevator use management unit, unfulfillment of repair, replacement and  renovation costs of residential elevators, low elevator maintenance quality and hidden safety hazards of old elevators.

As a result, it is very necessary to formulate the Measures.

II. Purpose and Significance of Formulating the Measures

With innovating social management and solving prominent problems as the basic guiding ideology, ensuring social stability and the people’s life safety as the purpose and clarifying the main responsibilities for elevator safety management and strengthening the maintenance of elevators as the sally port, the Measures defines and strengthens the responsibilities for elevator safety management in all processes and puts forwards targeted measures for solving the difficult problems in the current elevator use management and makes corresponding regulations.

It is of important practical significance to strengthening and improving elevator safety supervision, preventing and reducing elevator accidents, ensuring safe operation of elevators and the people’s life and property safety and properly handling and settling disputes in Wuhan.

III. Application Scope of the Measures

The elevators mentioned in the Measures include freight and passenger elevators, escalators and moving sidewalks.

The specific scope shall be defined in accordance with the National Catalogue of Special Equipment and Special Equipment Safety Technical Specifications.

The Measures is applicable to the production (including manufacturing, installation, renovation, repair), use, maintenance, inspection, testing of elevators and related safety supervision and management activities within the administrative region of Wuhan.

The Measures is not applicable to the manned construction elevators used on the housing construction site or public works construction site and elevators for individual households.

IV. Responsibilities of Government and Functional Departments at All Levels

Elevator safety supervision involves the local government and administrative departments such as bureau of quality supervision, bureau of housing  and construction, bureau of real estate management, bureau of public security, bureau of industry and commerce, bureau of safety supervision and bureau of commodity price. These departments shall jointly establish a comprehensive management system and conduct elevator safety supervision and regulation.

In Article 3 and Article 4 of the Measures the responsibilities of governments and relevant administrative departments at all levels and specific work requirements are clearly defined, which is conducive to effectively  handling elevator liability disputes, group incidents and elevator accidents and ensuring the legitimate rights and interests of the people as well as social stability and harmony.

V. What are the requirements made for elevator production in the Measures?

The behavior of elevator production units directly determines the quality of elevator products.

In Article 7, Article 8, Article 9, Article 10, Article 11 and Article 14 of the Measures, specific requirements are made for elevator production units and quality and technical services of elevator products.For example, it’s required that elevator production units should obtain special equipment production license in accordance with the law, carry out production activities according to relevant national standards and safety technical specifications and assume responsibilities for the quality of elevators they produce; elevator manufacturing units should clearly define the elevator warranty period and repair elevators or replace relevant elevator parts if elevators have quality problems within the warranty period for free; elevator manufacturing units shall equip elevators newly installed in Wuhan city with monitoring devices with the functions of operating parameter acquisition and online remote transmission and provide standard data interfaces; elevator production units shall establish the defective elevator recall system.

The above-mentioned regulations are relatively clear and specific and have strong pertinence and operability, improving the safety and reliability of the elevators put into use.

VI. Why are elevator manufacturing, using and maintenance units encouraged to purchase the elevator safety liability insurance?

Once elevator accidents occur, it may result in casualties or major economic losses. As the subjects of liabilities, the elevator using and management units shall bear the compensation liabilities. However, if the accidents are caused due to the quality of elevators or unfulfillment of elevator maintenance, the elevator manufacturing, installation, renovation and daily maintenance units might also become the subjects of compensation liabilities.

In this case, once an accident occurs, first the responsibilities shall be determined first before compensation and it might take a lot of time. If the compensation cannot be made in time, it will intensify the conflicts.

The introduction of the insurance mechanism can diversify the risks, contribute to timely payment and resolve conflicts.

In Article 6 of the Measures the elevator manufacturing, using and maintenance units are encouraged to purchase the safety liability insurance in order to improve the elevator manufacturing, using and maintenance units’ ability to compensate for accidents.

VII. How to select elevator models and configuration?

Equipping buildings with sufficient elevators of proper configuration can improve the elevator operating environment, expand the service life of elevators and ensure the safe operation of elevators.

It's stipulated in Article 12 of the Measures that the construction units should set up elevators in accordance with relevant regulations and standards to ensure the specifications and quantity of elevators are commensurate with the structure and use demands of buildings. The elevator machine room should be equipped with ventilation and cooling facilities and meet the requirements for the environment of the elevator machine room; the construction units shall set up the elevator monitoring room, and ensure the communication alarm and monitoring line between the monitoring room and the elevator car are unobstructed.

For construction projects in which the elevator configuration fails to meet the requirements, the planning administrative department shall not issue the construction project planning permit and the construction administrative department shall not issue the construction drawing review record certificate.

For escalators and moving sidewalks installed in public transport places such as airports, docks, stations, rail transit stations, pedestrian bridges and underground passages, public transport type elevators that meet relevant national standards shall be used.

VIII. Why should the elevator use management unit be identified?

The elevator is an electromechanical device for carrying passengers and goods. Its operation is related to the people’s life and property safety. Its daily use must be managed by a responsible unit or person to ensure its safe operation.Without the responsible unit or person, the elevator safety management responsibilities cannot be effectively implemented and the safe operation of elevators cannot be ensured.Therefore, in order to identify the subject of legal responsibility and ensure the safe operation of the elevator and the people’s life and property safety, we must identify the elevator use management unit, or the elevator shall not be used.

IX. How to identify the elevator use management unit?

The elevator use management unit is the subject of legal responsibility that performs the elevator safety management obligations and is responsible for the elevator use safety.

The principle of identifying the elevator use management unit is clearly stipulated in Article 16 of the Measures. Before the construction unit delivers the installed elevator to the owner, the construction unit is the elevator use management unit; if the elevator is managed by the property service company, the commissioned property service company is the elevator use management unit; if the elevator is managed by other units and has only one owner, this owner is the elevator use management unit; if the elevator has more than one owners, the owners shall jointly negotiate to determine the elevator use management unit; if the elevator use management unit cannot be determined through negotiations, the office of the street (township people’s government) where the elevator is located shall urge the Owners committee (owners) to identify the elevator use management unit; when the rental places are equipped with elevators, the elevator use management unit shall be stipulated in the lease contract; if the elevator use management unit is not stipulated or unclear, the owner of the elevator shall be the elevator use management unit.

X. What responsibilities shall the elevator use management unit bear?

The elevator use management unit shall strictly fulfill the responsibilities stipulated in Article 16 to Article 22 and Article 25 of the Measures. For example, the elevator use management unit shall go through the elevator use registration and obtain the elevator use mark, regularly apply for the elevator inspection; the elevator use management unit shall formulate the corresponding management system and the emergency response plan, establish the elevator safety technical archives, set up the elevator safety management agency or assign the elevator safety management personnel with corresponding qualifications; the elevator use management unit shall commission the qualified elevator maintenance unit to maintain the elevator; the elevator use management unit shall perform daily elevator safety management responsibilities including posting safety precautions, warning signs and effective elevator use marks, supervise and assist the elevator maintenance unit in maintaining the elevator, assist the elevator maintenance unit in implementing the safety protection measures and elevator riding publicity; the elevator use management unit shall be responsible for the emergency response and accident rescue.

The elevator safety management personnel shall do well all specific work, including daily elevator inspection. If they find hidden elevator hazards, the elevator concerned must be stopped. The elevator safety management personnel shall rush to the accident scene immediately after receiving the fault alarm to organize and implement the rescue.

XI. What responsibilities shall the Residential Quarter Owner Committee bear in the elevator safety management?

It’s stipulated in Article 15 of the Measures that owners and the Residential Quarter Owner Committee should participate in the elevator safety management according to Property Law and it’s pointed out that owners of the residential quarter are also the owners of the elevators installed in the building where they live and should bear corresponding responsibilities for the safe operation of the elevator and identify the elevator use management unit.

The Residential Quarter Owner Committee should strengthen the supervision of the elevator use management unit and clearly define the elevator operation and maintenance costs in the property service charges in signing the property service contract with the property service company; the Residential Quarter Owner Committee should organize the raising of the elevator repair, renovation and replacement costs; the Residential Quarter Owner Committee should select one owner in each housing unit equipped with the elevator as the social supervisor of the elevator to supervise the daily operation of the elevator.

The above-mentioned regulations are in line with the social reality and conducive to identifying the rights and obligations of all parties and implementing the elevator safety management responsibilities of all parties.

XII. where do the costs of daily maintenance, repair, renovation and replacement of elevators in residential quarters come from?

How can owners of the residential quarter raise and use the costs of daily maintenance, repair, renovation and replacement of elevators?

It’s stipulated in Article 15 of the Measures that the Residential Quarter Owner Committee should clearly define the elevator operation and maintenance costs in the property service charges; it’s stipulated in Article 23 that if the property service company acts as the elevator use management unit, the daily elevator operation and maintenance costs should be listed as an expenditure in the property management fee.

The property service company should set up a separate account for the elevator operation and maintenance costs agreed on with the Residential Quarter Owner Committee and earmark it for its specified purpose. Every six months the property service company should make public the expenditure of the elevator operation and maintenance costs to the owners and clearly identify the scope of the daily elevator operation and maintenance costs.

It’s stipulated in Article 24 that the owners should perform the obligation of raising the elevator repair, renovation, and replacement fund and that the elevator use management unit and the Residential Quarter Owner Committee should promptly organize the implementation.

The fund raising mode: If the special residential maintaining fund is established, Measures of Wuhan Municipality for the Administration of Special Maintenance Funds for Residential Buildings should be implemented; if the special residential maintaining fund is not established or the special residential maintaining fund is insufficient, it should be borne by the owners of the elevator according to the principle of “whoever benefits funds it”.

For elevators with serious hidden hazards, if related parties cannot reach an agreement on the repair and rectification, the office of the street or township people’s government should take the lead to negotiate with the elevator use management unit, owners and relevant supervision departments for the specific renovation plan and the cost bearing mode.

XIII. When should the elevator use management unit apply to the inspection institution for regular inspection?

The periodic inspection period for elevators in use is one year.The elevator use management unit should apply to the special equipment inspection institution for regular inspection one month before the expiration of the valid period of the elevator safety inspection.

XIV. How should the elevator use management unit deal with the elevator failure or abnormal situation which may endanger the safety of passengers?

The elevator use management unit should immediately stop the operation of the elevator and post the elevator hazard warning sign in a prominent position in the elevator, promptly organize the elevator production and maintenance unit to eliminate the fault or abnormal conditions and report it to special equipment safety supervision and management department.

XV. What regulations should passengers observe in taking the elevator?

It’s stipulated in Article 26 that in using the elevator passengers should correctly use it according to the elevator safety precautions and warning signs should not take any elevator which is expressly stated to be in the unsafe conditions; should not open the elevator door floor door or car door by non-normal means, should not destroy the elevator safety warning signs, alarm devices or elevator parts; should not take any elevator whose load exceeds the rated load; should not endanger the safe operation of the elevator or endanger the safety of other passengers.

XVI. Who should maintain elevators?

What responsibilities should the elevator maintenance unit assume for the safety performance of the elevator?
Elevator daily maintenance is an important part of the elevator safety management and one of the difficulties of the current management.
It’s stipulated in Article 27 to 30 that the elevator maintenance unit should have the elevator installation, transformation or repair qualifications.

The elevator maintenance unit that carries out the operating activities should input the information of the unit such as name, scope of qualifications, emergency rescue telephone into the municipal special equipment safety management information system and update it in time.

The elevator maintenance unit should be responsible for the safety performance of the elevator in its charge, fulfil the safety duties and carry out the elevator daily maintenance according to the requirements agreed in the contract and in the safety technical specifications: to develop the elevator daily maintenance plan, and carry out the semi-monthly, quarterly, semiannual and annual maintenance of the elevator according to the plan to ensure the elevator is maintained at least once every 15 days and truthfully finish the maintenance records and fault records; examine the elevator at least once every year; establish the elevator daily maintenance and examination record files; should not subcontract or subcontract in disguised form the elevator daily maintenance business; eliminate the hidden hazards of the elevator in time; establish the 24-hour elevator maintenance on-duty telephone and arrive at the accident scene to implement rescue immediately after receiving the elevator fault or accident notice.

XVII. What requirements are made in the Measures for the old elevator management?

For the old elevator that has been used for more than 15 years, it’s stipulated in the Measures: the elevator use management unit can commission the special equipment industry association or the elevator inspection agency to carry out safety evaluation in accordance with relevant technical standards and specifications and put forward the handling plan based on the safety evaluation results; the elevator use management unit and maintenance unit should increase the number and items of the maintenance of the old elevator; the supervision unit should focus on the supervision and examination of the old elevator and urge the elevator use management unit to strength the safety management.

XVIII. What regulations are made in the Measures on the elevator safety supervision and management?

Specific regulations on strengthening the elevator safety supervision are made in the Measures. First, the construction notification system should be determined and the elevator installation and the elevator installation, transformation and repair unit should inform the special equipment safety supervision and management department of the planned construction time, place and content before the construction.

Second, the supervision, inspection and periodic inspection system should be determined and elevators that are not inspected or fail to pass the inspection should not be used.

Third, the supervision and random inspection system should be established and the special equipment safety supervision and management department should select at least 10 of the elevators in use for special supervision and random inspection.

Fourth, the credit evaluation system should be established and the supervision and management department shall conduct the safety supervision and inspection on the elevator production, use, maintenance unit and inspection and testing agencies, strengthen the elevator safety supervision information construction, establish credit files, carry out credit evaluation, and carry out classification supervision of relevant units based on the credit evaluation results.
Fifth, the information disclosure system  should be established and the supervision department should make public the report on the elevator supervision and random inspection results and elevator safety situation in Wuhan every year.

XIX. Strengthening the construction of the elevator public safety system

In terms of strengthening the elevator fault emergency rescue and accident handling, it is clearly stipulated in Article 4, 19, 29 and 39 that the public security department should establish the elevator emergency rescue platform and when passengers are trapped in the elevator, the elevator use management unit should immediately take measures to console the trapped passengers and organize and implement rescue.

When the conditions for emergency rescue are not available, the elevator maintenance unit should be immediately informed to rush to the scene to implement the rescue.When the rescue cannot be implemented in this case, report it to the public security department and the public security department will rush to the scene to organize the rescue.After the elevator accident occurs, the elevator use and management unit should organize the removal of the danger, protect the accident scene and report it to the supervision and management department.The elevator accident should be investigated and handled jointly by the municipal special equipment safety supervision and management department, the supervision department, public security department and the trade union.