No. 76

Procedures of Shanghai Municipality on the Administration of Lift Safety were adopted at the 190th Routine Meeting of the Municipal People’s Government on January 19, 2023, and are hereby promulgated. They shall be effective as of May 1, 2023.

Mayor: Gong Zheng

January 19, 2023

Procedures of Shanghai Municipality on the Administration of Lift Safety

(Promulgated by Decree No. 76 of Shanghai Municipal People’s Government on January 19, 2023, and to be effective as of May 1, 2023)

Chapter I  General Provisions

Article 1 (Purposes and Basis)

With a view to strengthening the work of lift (elevator) safety in this Municipality, and protecting personal and property safety, these Procedures are formulated in accordance with the laws and rules, including the Special Equipment Safety Law of the People’s Republic of China and relevant provisions of the State, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

The lift production (including manufacturing, installation, renovation and repair), business operation, use, maintenance, inspection, testing, safety assessment and related supervisory administration activities within the administrative area of this Municipality shall comply with these Procedures.

Fort the purposes of these Procedures, “lifts” include passenger and freight lifts, escalators, and passenger conveyors. The specific scope thereof shall be determined according to the special equipment catalogue and the special-equipment-safety technical norms formulated by the State.

Article 3 (Government Duties)

The municipal and district people’s governments shall strengthen leadership over the lift safety work within their respective administrative areas, urge relevant departments to perform their supervision and administration duties according to law, and establish a coordinating mechanism to solve the problems in lift safety administration in a timely manner.

The sub-district offices and the town/township people’s governments shall assist relevant administrative departments in effectively supervising and administering the lift safety work.

Article 4 (Department Duties)

The administrative departments for special equipment safety supervision shall be responsible for supervising and administering the lift safety work in their respective administrative area.

The administrative departments and agencies of housing and urban-rural development, housing management, planning and resources, transportation, public security, emergency management, fire and rescue, etc. shall, according to their respective functions and duties, do well the relevant work of lift safety supervision and administration.

Article 5 (Entities with the Main Responsibilities)

The entities of lift production, business operation, use, and maintenance and repair shall be responsible for the safety of the lifts they produce, operate, use, and maintain and repair, and establish a system of responsibilities for lift safety.

Article 6 (Trade Self-discipline)

The lift trade association and other relevant trade associations of this Municipality shall do the following work properly:

1. analyzing, studying and releasing trade information;

2. participating in the formulation of relevant standards;

3. organizing the publicity, consultation, education and training on lift safety;

4. advancing the building of a trade credit system, and improving the credibility of the member units; and

5. coordinating in technical assessment, and advancing lift safety liability insurance.

Article 7 (Intelligent Lift Platform)

This Municipality shall establish a unified platform for intelligent lifts, improve Shanghai’s intelligent lift code, and shall, by relying on the Integrated Online Administration Platform, strengthen digitalized management and service for lift safety, and achieve classified and categorized supervision over the identification, analysis and early warnings of the lift production, business operation, use, maintenance, repair, inspection and testing.

Article 8 (Application of Advanced Technology)

Lift producers, use managing units, and maintenance units shall adopt advanced technology and scientific management methods to raise the lift safety performance and management level and strengthen their ability of accident prevention and emergency rescue.

Research institutes, universities and enterprises shall carry out research to develop new materials, techniques, technologies, etc. that are conducive to improve life safety.

Article 9 (Publicity and Education)

The administrative department for special equipment safety supervision shall promote publicity of lift safety knowledge, and enhance the safety awareness and self-protection ability of the public.

Schools shall include lift safety knowledge in their public safety education, and enhance the students’ awareness of safe and civilized use of lifts.

News media, relevant social organizations, and administrators of public gathering places are encouraged to disseminate lift safety knowledge.

Article 10 (Insurance)

This Municipality shall implement the lift safety liability insurance, and encourage lift producers, use managers,and maintainers to take out the lift safety liability insurance.

Chapter II  Production and Business Operation

Article 11 (Selection and Supply of Lift Types)

Entrusted by the development unit, the construction and design units shall produce lift shafts, motor rooms, emergency rescue passages and other structures as well as the lift parameters in the design document that comply with the relevant state prescriptions and standards for emergency rescue, fire prevention and fighting, accessible passages, civil buildings’ sound insulation, etc.

The agency examining the construction plan shall examine, according to law and the compulsory engineering standards, the supply of lifts as stated in the construction plan design documents of the construction project.

The development unit shall, according to the design document and the relevant safety technical norms and standards, supply lifts and equip them (excluding dumbwaiter lifts) with remote monitoring devices that comply with the relevant standards. Where escalators, and passenger conveyors are supplied at public transport places such as stations, airport terminals and passenger wharves, the development unit shall select public-transport-type lifts that comply with relevant standards and requirements.

Where the development unit supplies lifts (excluding dumbwaiter lifts), it shall meet the requirements for accompanying communication devices, so that the communication network can cover the lift cabins before it is delivered for use. It is encouraged to cover the existing lift cabins with the communication network as well.

Article 12 (Quality Requirements for Lift Production)

Lift production activities shall comply with the requirements of the lift safety technical norms and relevant standards.

It is prohibited to use scrapped parts and components for lift production.

Article 13 (The Lift Manufacturer’s Documents)

Lift manufacturers shall provide the lifts they manufacture with relevant technical data and documents, including design documents, product quality certificates, and instructions on installation, use and maintenance as required by the safety technical norms, clearly indicate the designed service life or times of use of the lifts and their main parts and components, and set up product nameplates, safety warning signs and instructions thereof at conspicuous places of the lifts.

Article 14 (The Manufacturer’s Responsibilities)

The lift manufacturer shall be responsible for the lifts’ safe performance, and fulfill the following obligations:

1. ensuring the manufactured lifts and their main parts and components conform to the model-test certificate;

2. providing the lift use managers with the necessary lift spare parts, technical training and other technical assistance;

3. conducting follow-up investigation on the lift safety operation, and offering suggestions on solutions to the problems in the operation;

4. repairing or replacing relevant parts and components free of charge if a lift has a quality problem during the quality guarantee period;

5. immediately stopping production of the lifts that are found with the same safety-endangering defect caused by such factors as design and manufacturing, voluntarily recalling these lifts, notifying the lift use managers in a timely manner, and reporting to the municipal administrative department for special equipment safety supervision; and

6. other obligations it shall assume in accordance with law, rules and regulations.

The lift manufacturer shall not set up technical barriers that affect the normal operation of lifts.

Article 15 (The Business Operator’s Responsibilities)

The lifts and their main parts sold by a lift business operator shall comply with the safety technical norms and relevant standards, and the relevant technical data and documents such as the product quality certificates, model-test certificates, and instructions on installation, use and maintenance shall be complete.

The lift business operator shall establish a system of records of inspecting, accepting and selling lifts and main parts, and keep the records properly.

Article 16 (Notification of Construction)

The lift installer, renovator and repairer shall, before the start of a construction project, notify the administrative department for special equipment safety supervision in writing of such information as the time, place and content thereof, and publicize the information at the construction site.

If a lift needs to be installed for a construction project, the installer shall provide relevant information of the construction project planning permit and the construction permit in its written notification. The development unit shall cooperate and provide relevant information.

Article 17 (Safety Management Requirements for Lift Installation, Renovation and Repair)

Lift installation, renovation and repair shall be conducted by the manufacturers, or by units with the necessary qualifications entrusted thereby. Where a lift manufacturer entrusts another unit to install, renovate or repair a lift, it shall provide safety guidance and monitoring over the installation, renovation or repair, and conduct checkout and shakedown tests according to the requirements of the safety technical norms. The entrusted unit shall not sub-entrust or sub-entrust in a disguised form the said installation, renovation and repair services.

Where the original lift manufacturer has been canceled, and no longer has the corresponding permit or the capability to renovate or repair lifts, the lift use manager shall entrust a lift manufacturer that has obtained the corresponding permit according to law to conduct the renovation or repair. The manufacturer that has conducted the renovation or repair shall be responsible for the safety performance of the lifts.

The lift installer, renovator and repairer shall formulate a scheme for safe construction before the start of the construction, meet the on-site work safety conditions including safety protection measures, and check the lift motor room, shaft, pit, passage and other civil engineering projects, and shall not start the construction before these conditions have been met. After the completion of the construction, within 30 days of passing the acceptance check, they shall transfer the relevant technical data and documents to the lift use manager.

Article 18 (Self-Inspection During Lift Installation, Renovation and Overhaul)

The lift installer, renovator and repairer shall arrange professional technicians to conduct self-inspection of the process of lift installation, renovation and overhaul. Only those lifts that have passed the self-inspection may be submitted to the inspecting agency for supervisory inspection.

Article 19 (Special Requirements for Adding a Lift to a Building)

It is necessary to comply with the standards and requirements for the building structure and fire prevention while adding a lift to a multi-storey residential building.

The construction plan document about adding a lift shall pass the feasibility study on the building safety. Where major changes to the designs of the original structure and fire prevention facilities are necessary, a new feasibility study is required.

The civil engineering project of adding a lift shall strictly follow the construction plan document, the special construction scheme that has been approved, and the relevant norms and standards on quality and safety. Before the start of the construction, the construction unit shall thoroughly check the surrounding pipes and lines, and relocate them before the digging if they may affect the construction.

The lift installer shall not start the construction before inspecting the certificate of passing the civil engineering inspection. The development unit shall render cooperation.

Chapter III  Use Management

Article 20 (The Lift Owner’s Duties)

The lift owner shall assume the obligations for the safe operation of the lift according to law, and shall specify a lift use manager according to the provisions of these Procedures.

Article 21 (Selection of the Use Manager)

The lift use manager shall perform the obligation of lift safety management, and be responsible for safe use of the lift. The lift use manager shall be selected according to the following rules:

1.Where a newly installed lift has not been delivered, the project development unit shall be the lift use manager.

2. Where a newly installed lift has been delivered, and the lift owner has entrusted a property management service enterprise or other managers for the management, the entrusted party shall be the lift use manager. In the case of no entrustment for the management, the owner or the actual manager shall be the lift use manager.

Where the owner of an added lift has not entrusted a property management service enterprise or other managers and the owner does not have the management ability, the local sub-district office or town/township people’s government shall coordinate to determine the lift use manager.

Article 22 (The Lift Use Manager’ Duties)

The lift use manager shall perform the following duties of safety management:

1. formulating a safety management system, and establish safety technology archives;

2.setting up a safety management organ staffed with safety management personnel, and establishing a standing book, all according to the provisions;

3. providing safety management personnel with lift safety education and training, and keeping the records thereof;

4. supervising lift maintainers in their maintenance work according to the relevant provisions on safety technical norms;

5. drawing up an emergency plan for lift accidents, and conduct contingency drills according to the provisions;

6. reporting promptly to the relevant department after the occurrence of an accident according to the provisions, and cooperate in investigating and handling the accident; and

7. other safety management responsibilities as prescribed by laws, rule and regulations.

Article 23 (Use Registration)

The lift use manager shall undergo the lift-use registration formalities with the local district administrative department for special equipment safety supervision to obtain the use registration certificate. The time for undergoing the said formalities shall be within 30 days after the lift is put into operation.

Where there is a change of the lift use manager, the new use manager shall undergo the change formalities with the local district administrative department for special equipment safety supervision within 30 days after the change. The original use manager shall render cooperation.

Where a lift is scrapped, the use manager shall undergo the deregistration formalities with the local district administrative department for special equipment safety supervision within 30 days after the scrapping.

Article 24 (Suspension and Re-start of Lift Use)

Where a lift is to suspend its use for more than 1 year or the suspension period extends beyond the next inspection date, the lift use manager shall post a warning sign, seal up the lift, and undergo the suspension formalities with the local district administrative department for special equipment safety supervision within 30 days after the suspension.

Prior to the re-start of the lift, the lift use manager shall conduct self-inspection; where the suspension period extends beyond the valid period of the regular inspection, it shall subject itself to an inspection according to the requirements for regular inspections; and it shall undergo the re-start formalities with the local district administrative department for special equipment safety supervision within 30 days after the re-start.

Article 25 (Basic Requirements for Lift Use)

The use manager shall entrust a lift manufacturer or a unit with the permit for lift installation, renovation and repair to undertake the lift maintenance, and sign a written contract therewith. Where the lift use manager has the permit for lift manufacture, installation, renovation and repair, it may undertake the lift maintenance by itself.

At a conspicuous place of the lift, the use manager shall post effective special-equipment use instructions, Shanghai Intelligent Lift Code, safety cautions, warning signs, its emergency rescue phone number, etc., and ensure they are not covered.

Where the lift use manager decorates the lift cabin, it shall meet the safety technical norms and relevant standards without affecting the safe performance of the lift.

Article 26 (Duties of the Safety Management Agency or Personnel)

The safety management agency or personnel of the lift use manager shall perform the following duties:

1. inspecting lift operation regularly, making records thereof, and keeping them for at least one years;

2. safe-keeping the keys to lift floor doors and motor rooms as well as the safety tip plates;

3. cooperating with the maintainer in its work, and signing to confirm the maintenance records;

4. rendering proper on-site cooperation and assisting in implementing safety protection measures during the lift installation, renovation, repair, inspection, testing and safety assessment;

5. posting a notice of use suspension at the entrance and exit of a lift which has suspended use, and taking safety measures to prevent the lift from being used;

6. stopping the acts found in violation of the rules for lift use;

7. making a decision of suspending the lift use and promptly reporting to the person-in-charge of their use manager when discovering a fault of the lift or other circumstance that affect normal operation thereof; and

8. other duties prescribed by laws, rules and regulations.

In the case of an added lift, the safety management agency or personnel of the lift use manager shall strengthen their routine inspection of the enclosing structure and attached facilities of the added lift, and notify the added-lift owners upon discovering a hidden peril.

Article 27 (Special Provisions on Lift Use Safety Management in Residential Quarters)

When the development unit formulates temporary management rules or signs an early-stage property service contract with the property management service enterprise, the rules or the contract shall specify the rules for raising and using funds for lift routine management, maintenance, upgrading, renovation, repair, inspection, testing, safety assessment, among others.

When the owners' assembly, the owners' committee or the owners sign a property service contract with a property management service enterprise or other managers, or when the owners formulate management rules, the contract or rules shall specify the rights and obligations in the management of lift use safety.

The entrusted property management service enterprise or any other manager shall, according to the provisions and agreement, accept the entrusting party’s inquiries and supervision of the records of its lift safety management.

Article 28 (Emergency Response and Accident Rescue)

The lift use manager shall ensure effective operation of the lift emergency alarm system, make immediate response to an alarm from trapped passengers, and within five minutes notify the maintainer to take rescue measures.

Where a lift has a fault, an abnormal situation or is found with a hidden accident peril, the lift use manager shall exercise due caution, control the lift operation areas, strictly prohibit irrelevant persons from entering, and organize overall inspection of the lift. It shall not be used until after the said fault or peril is eliminated. If the suspension of its operation lasts over 24 hours, the lift use manager shall announce the reason for the suspension and the time needed for repair.

When an accident occurs to a lift, the lift use manager shall organize danger elimination and rescue, protect the scene, and report to the local district administrative department for special equipment safety supervision within one hour.

Article 29 (The Video Monitoring System)

Lifts at public gathering places and in residential quarters shall be installed with a video monitoring system according to relevant provisions and standards, and its normal operation shall be ensured.

Article 30 (The Remote Monitoring System)

The use manager of a newly-installed lift shall connect the lift remote monitoring system with the intelligent lift platform, and keep the real-time online operation of the system.

It is encouraged to install remote monitoring systems in the existing lifts.

Units and individuals are prohibited from destroying or dismantling the lift remote monitoring system without approval or from illegally exercising remote control over the lift.

Article 31 (Safety Requirements for Electronic Equipment)

Indicators of the lift’s electronic equipment such as safe voltage, material, and temperature rise shall comply with the requirements of the relevant state standards.

Article 32 (Code of Conduct for Passengers)

When taking a lift, passengers shall comply with the requirements of the safety cautions and obey relevant workers’ management and command, and shall not conduct any of the following acts:

1. destroying the lift’s safety warning sign, alarm system, or parts or components;

2. opening the lift floor door or cabin door by abnormal methods;

3. illegally carrying inflammable, explosive or dangerous articles or any other articles affecting passengers’ safety to enter the lift cabin;

4. playing boisterously in the lift cabin, or climbing or going in the opposite direction on an escalator or passenger conveyor;

5. taking a lift that is indicated to be unsafe;

6. taking an overloaded lift; or

7. other acts that affect the safe operation of the lift.

Preschool children shall be accompanied by adults to take a lift.

Chapter IV  Maintenance

Article 33 (Undertaking Maintenance Business)

Before undertaking maintenance business, the lift maintainer shall specify the maintenance standards and the promised service quality in the maintenance contract it signs.

The lift maintainer shall not illegally assign the whole or subcontract a part of its maintenance business, or do so in a disguised form.

The lift maintainer shall not set up technical barriers that affect the normal operation of the lift, or use substandard parts or components for lift maintenance.

Article 34 (Training and Education for Maintenance Workers)

The lift maintainer shall provide its workers with safety education and technical training, and support them to obtain occupational qualifications.

The lift maintainer shall establish the records of the education and training for workers, and keep them for at least four years.

Article 35 (The Maintainer’s Duties)

The lift maintainer shall conduct maintenance in accordance with the requirements of the relevant laws, rules, regulations, safety technical norms and standards, and instructions on maintenance, and perform the following duties:

1. formulating safety management rules and maintenance plans;

2. marking its own name, and emergency and complaint telephone numbers at a conspicuous place of the lift;

3. implementing on-site safety protection measures to guarantee construction safety;

4. formulating emergency rescue plans, and conducting at least one emergency drill for each type of lifts under its maintenance every half a year;

5. ensuring 24-hour effective answering to emergency phone calls, and, upon receiving an alarm from a trapped passenger, arriving at the site within 30 minutes to complete the emergency rescue and relief;

6. eliminating the fault promptly after discovering it or receiving a notice thereof, and in the case of a fault that is difficult to eliminate temporarily, notifying in writing the lift use manager of its solution scheme and of prohibition from lift use before elimination of the said fault; and

7. recording the maintenance and fault-handling by means of videos, pictures or words, and keeping them for at least five years.

Article 36 (Maintenance of Lifts at Public Transport Places)

The use managers of lifts at such public transport places as stations, airports and passenger wharves shall select lift manufacturers or units that are entrusted by the manufacturers and have legally obtained the corresponding permit to conduct the maintenance.

Where the original lift manufacturer has been canceled, and no longer has the corresponding permit or the capability for maintenance, the lift use manager shall entrust a unit that has legally obtained the corresponding permit to conduct the maintenance.

In the case of lifts at public transport places, the use manager shall increase the frequencies and items of maintenance according to the actual performance of the lifts or the suggestions of the lift maintainers.

Article 37 (Maintenance of Old Lifts)

In the case of a lift that has been used for over 15 years from the day it passes the supervision and acceptance check, the lift use manager shall, upon consent of the lift owners, increase the frequencies and items of maintenance according to the actual performance of the lift or the suggestions of the lift maintainer.

The administrative department for special equipment safety supervision and other administrative departments shall strengthen guidance and supervision thereon.

Chapter V  Inspection, Testing and Safety Assessment

Article 38 (Lift Inspection)

Supervisory and regular inspections shall be conducted on lifts according to state provisions; lifts without being inspected or lifts inspected to be unqualified shall not be put into use.

Supervisory and regular inspections shall be conducted by inspecting agencies that have been approved according to law.

Article 39  (Lift Testing)

The lift use manager shall conduct testing on its lifts according to state provisions. Where the lift use manager does not have the capability to conduct the testing, it may entrust legally-approved inspecting or testing agencies or other units that meet the testing conditions to undertake the testing work. The list of units that meet the testing conditions shall be published by the municipal administrative department for special equipment safety supervision.

Article 40 (Safety Assessment)

Where a lift reaches its designed service life or times of use but still needs to be used, a legally-approved inspecting or testing agency shall be entrusted to conduct safety assessment in accordance with the requirements of the safety technical norms.

In any of the following circumstances, the use manager may, upon consent of the lift owners, entrust an inspecting or testing agency to conduct lift safety assessment, and determine whether to continue the use of the lift or conduct repair, renovation and upgrading thereof according to the assessment conclusion:

1. The lift has a high frequency of faults, affecting the normal use thereof;

2. The lift has been affected by such disasters as waterlogging, fire, thunder-strike and earthquake;

3. The lift has been in use for 15 years; or

4. Other cases requiring safety assessment.

Article 41 (Requirements for Inspection, Testing and Safety Assessment)

Inspection, testing and safety assessment shall comply with the requirements of the relevant laws, rules, regulations and safety technical norms, and observe the following provisions:

1. conducting the inspection, testing or safety assessment within 30 days of accepting the application;

2. making a report within 10 days of completing the inspection, testing or safety assessment;

3. notifying the use manager in writing of a hidden accident peril discovered during the lift inspection, testing or safety assessment; and, in the case of a serious hidden peril, notifying the use manager in writing to suspend the use of the lift, and reporting to the local district administrative department for special equipment safety supervision; and

4. recording the inspection, testing and safety assessment by means of videos, pictures or words, and keeping them for at least five years.

When an inspection agency is handling an application for the supervision and inspection of the installation of an added lift, it shall also check the information on whether the civil engineering work has passed the acceptance inspection.

Chapter VI  Supervisory Management

Article 42 (Supervisory Inspection)

The administrative department for special equipment safety supervision shall conduct supervisory inspection in accordance with the relevant laws, rules and regulations, and increase the frequencies of supervisory inspection on the following units:

1. units with a lift accident in the past two years;

2. units with many complaints about lift safety which have been confirmed by investigation;

3. units with a bad credit rating result;

4. residential quarters managed by the owners themselves;

5. the public gathering places with lifts;

6. units whose lifts have been used for more than 15 years after passing the supervisory inspection; and

7. other units that need stronger supervisory inspection.

Article 43 (Spot Checks)

The administrative department for special equipment safety supervision shall, in response to needs, conduct spot checks on the following items:

1. conformity of the whole lift and its main parts with the model test;

2. the quality of the lift inspection, testing and safety assessment; and

3. the quality of the routine maintenance of the maintainer.

Article 44 (Supervisory Management by Relevant Departments)

The administrative department of housing and urban-rural development shall strengthen supervisory management over the quality of lift shafts and motor rooms of the projects under construction, and conduct supervisory inspection on the prescribed items in lift selection and supply by the units of design, development and construction.

The department of housing management shall strengthen guidance and supervision over the property management service enterprises’ performance of their duties of managing the lifts’ routine safe operation according to law.

Article 45 (Instructions on Safety Supervision)

When the administrative department for special equipment safety supervision, in performing its duties according to law, finds acts in violation of the laws, rules, regulations, or safety technical norms, or hidden accident perils with lifts, it shall give written instructions on safety supervisory inspection over the special equipment, and order the relevant units to take corrective measures or eliminate the said hidden perils.

Article 46 (Accident Handling)

Upon receiving a report of a lift accident, the administrative department for special equipment safety supervision shall send inspectors to the site immediately, and conduct investigation and handling jointly with relevant departments according to law.

Article 47 (Interview for Rectification)

Where a lift has an accident, a serious hidden accident peril that is not eliminated in time, or other safety management problems, the administrative department for special equipment safety supervision may interview the chief person-in-charge of the relevant unit, requiring him/her to fulfill his/her responsibility for lift safety and take effective measures to eliminate the said hidden peril.

Article 48 (Intelligent Supervision and Service)

The administrative department for special equipment safety supervision shall, by relying on the intelligent lift platform, deepen the integration of information technology with safety management, and step up smart supervision.

The lift producers, use managers, maintainers and inspecting and testing agencies shall upload information onto the intelligent lift platform in a timely manner, and ensure the information is true and complete. Concerning the information to be uploaded, the municipal administrative department for special equipment safety supervision shall formulate separate rules.

By relying on the Shanghai Intelligent Lift Code, this Municipality shall be able to perform such functions as information inquiry, emergency rescue, and handling of complaining and reporting.

Article 49 (Credit Supervision)

The administrative department for special equipment safety supervision shall strengthen its credit supervision over the units related to the lift industry, formulate standards for credit rating, develop a system of indicators of different credit risk categories, and publish the credit rating results regularly.

The administrative department for special equipment safety supervision shall implement categorized supervision according to the credit rating results. On the units with bad credit rating results, multi-departmental joint punishment shall be imposed.

Article 50 (Report on Safety Status)

The municipal administrative department for special equipment safety supervision shall, jointly with relevant departments, publish an annual report on lift safety with the following contents:

1. the number, categories and distribution of the lifts;

2. the situation, characteristics, causes of lift accidents and measures of prevention thereof; and

3. other cases that need to be published.

Article 51 (Reporting)

Any unit and individual that discovers illegal acts endangering lift safety may report to the relevant administrative department, which shall handle these acts upon receiving the report.

Chapter VII  Legal Liability

Article 52 (Guiding Provisions)

In the case of acts in violation of the provisions of these Procedures, if the Special Equipment Safety Law of the People’s Republic of China has provided for penalties, these provisions shall be followed.

Article 53 (Punishment for the Lift Producer’s Illegal Acts)

Where a lift producer uses scrapped parts or components for lift production in violation of Paragraph 2, Article 12 of these Procedures, the administrative department for special equipment safety supervision shall order corrections, issue a warning or a circular of criticism, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Where a lift producer allows the entrusted unit to sub-entrust, or sub-entrust in a disguised form, lift installation, renovation and repair services in violation of Paragraph 1, Article 17 of these Procedures, the administrative department for special equipment safety supervision shall order corrections, issue a warning or a circulation of criticism, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 54 (Punishment for the Lift Manufacturer’s Illegal Acts)

Where a lift manufacturer, in violation of the provisions of Article 13 of these Procedures, fails to clearly indicate the designed service life or times of use of the lifts and their main parts and components, the administrative department for special equipment safety supervision shall order corrections within a prescribed time limit, may issue a warning or a circular of criticism, and shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if the manufacturer fails to make the corrections within the said time limit.

Where a lift manufacturer, in violation of the provisions of Item 1, Paragraph 1, Article 14 of these Procedures, fails to achieve conformity of the whole lift and its main parts and components with the model-test certificate, the administrative department for special equipment safety supervision shall order corrections, issue a warning or a circular of criticism, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 55 (Punishment for Illegal Acts of Setting up Technical Barriers)

Where a lift manufacturer, in violation of the provisions of Paragraph 2, Article 14 of these Procedures, or a lift maintainer, in violation of the provisions of Paragraph 3, Article 33 of these Procedures, sets up technical barriers that affect the normal lift operation, the administrative department for special equipment safety supervision shall order corrections, issue a warning or a circular of criticism, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 56 (Punishment for the Lift Use Manager’s Illegal Acts)

Where the lift use manager has any of the following cases, the administrative department for special equipment safety supervision shall order corrections within a prescribed time limit, may issue a warning or a circular of criticism, and shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if the use manager fails to make the corrections within the said time limit.

1. failing to post the Shanghai Intelligent Lift Code and the lift use manager’s emergency telephone number, in violation of the provisions of Paragraph 2, Article 25 of these Procedures；

2. failing to inspect regularly or keep the inspection records as required, in violation of the provisions of Item 1, Paragraph 1, Article 26 of these Procedures;

3. failing to make routine inspection of the new enclosing structure and attached facilities of the added lift, or failing to inform the added lift owners of the hidden accident peril it has found, in violation of the provisions of Paragraph 2, Article 26 of these Procedures;

4. failing to ensure effective operation of the lift alarm system in violation of the provisions of Paragraph 1, Article 28 of these Procedures; or

5. failing to connect the lift remote monitoring system with the intelligent lift platform and keep the real-time online operation of the system, in violation of the provisions of Paragraph 1, Article 30 of these Procedures;

Where the lift use manager has any of the following cases, the administrative department for special equipment safety supervision shall order corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan:

1. entrusting a unit without the qualifications to undertake the lift maintenance in violation of the provisions of Paragraph 1, Article 25 of these Procedures;

2. failing to decorate the lift cabin by complying with the technical norms and relevant standards for lift safety, in violation of the provisions of Paragraph 3, Article 25 of these Procedures;

3. failing to notify the maintainer within five minutes to take rescue measures after a trapped passenger gives an alarm, in violation of the provisions of Paragraph 1, Article 28 of these Procedures;

4. failing to take safety measures when a lift has a fault or an abnormal situation or when finding a hidden accident peril, in violation of the provisions of Paragraph 2, Article 28 of these Procedures;

Article 57 (Punishment for the Lift Maintainer’s Illegal Acts)

Where the lift maintainer has any of the following cases, the administrative department for special equipment safety supervision shall order corrections within a prescribed time limit, may issue a warning or a circular of criticism, and shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if the maintainer fails to make the corrections within the said time limit.

1. failing to formulate safety management rules or maintenance plans in violation of the provisions of Item 1, Article 35 of these Procedures;

2. failing to mark its own name, and emergency and complaint telephone numbers at a conspicuous place of the lift, in violation of the provisions of Item 2, Article 35 of these Procedures; or

3. failing to record and keep the records of the maintenance and fault handling, in violation of the provisions of Item 7, Article 35 of these Procedures.

Where the lift maintainer has any of the following cases, the administrative department for special equipment safety supervision shall order corrections, issue a warning or a circular of criticism, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

1. subcontracting, without approval, maintenance services wholly or partly, or doing so in a disguised form, in violation of the provisions of Paragraph 2, Article 33 of these Procedures;

2. using substandard parts or components for lift maintenance in violation of the provisions of Paragraph 3. Article 33 of these Procedures;

3. failing to ensure effective answering of emergency telephone calls or failing to complete the emergency rescue and relief within the prescribed time limit, in violation of the provisions of Item 5, Article 35 of these Procedures; or

4. failing to notify the lift use manager of prohibition from lift use before elimination of the fault, in violation of the provisions of Item 6, Article 35 of these Procedures.

Article 58 (Punishment for Violation of the Provisions on Lift Maintenance at Public Transport Places)

Where a lift use manager at a public transport place, in violation of the provisions of Item 1 and 2, Article 36 of these Procedures, fails to select a lift maintainer as required, the administrative department for special equipment safety supervision shall order corrections within a prescribed time limit, may issue a warning or a circular of criticism, and shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if the use manager fails to make the corrections within the said time limit..

Article 59 (Punishment for the Inspecting and Testing Agencies’ Illegal Acts)

Where an inspecting or testing agency has either of the following cases, the administrative department for special equipment safety supervision shall order corrections, issue a warning or a circular of criticism, and impose a fine of not less than 20,000 yuan but not more than100,000 yuan:

1. failing to carry out inspection, testing or safety assessment within the prescribed time limit, in violation of the provisions of Item 1, Paragraph 1, Article 41 of these Procedures; or

2. failing to record or keep the records of the inspection, testing or safety assessment as required, in violation of the provisions of Item 4, Paragraph 1, Article 41 of these Procedures.

Article 60 (Punishment for Violation of the Basic Requirements for the Intelligent Lift Platform)

Where the lift producer, use manager, maintainer and inspecting and testing agencies fail to upload information onto the intelligent lift platform, in violation of the provisions of Paragraph 2, Article 48 of these Procedures, the administrative department for special equipment safety supervision shall order them to make corrections within a prescribed time limit, may issue a warning or a circular of criticism, and shall impose a fine of not less than 10,000 yuan but not more than 50,000 yuan if they fail to make the corrections within the said time limit.

Article 61 (Administrative Liability)

Where the administrative department for special equipment safety supervision, other relevant administrative departments, or their employees neglect their duties, abuse their power, or practice favoritism or irregularities for personal gains in the supervisory management of lift safety, the directly responsible persons-in-charge and other directly responsible persons shall be punished in accordance with the law.

Chapter VIII  Supplementary Provisions

Article 62 (Meanings of Relevant Terms)

For the purposes of these Procedures, the lifts with “serious hidden accident perils” include the following cases:

1. a lift produced illegally or assembled with scrapped parts and components;

2. a lift still in use though it shall be eliminated according to state prescriptions, or it has been scrapped or has met the conditions of being scrapped;

3. continued use of a lift that has not undergone supervisory inspection or fails to pass the inspection or testing owing to the problems of the lift;

4. continued use of a lift whose main parts or safety protection devices are missing or do not function;

5. continued use of a lift that has a fault, an abnormal situation, or is found with a hidden accident peril, but does not receive a comprehensive inspection to eliminate the hidden accident peril; and

6. a lift that needs immediate rectification because of a Grade I risk as stated in the safety assessment conclusion.

For the purposes of these Procedures, “technical barriers” mean the acts of using remote-control technology to affect the normal lift operation through changing the software programs, changing the hardware facilities, and setting the power of lift control without approval.

Article 63 (Effective Date)

These Procedures shall be effective as of May 1, 2023, and the Procedures of Shanghai Municipality on the Administration of Lift Safety promulgated by Decree No. 25 of Shanghai Municipal People’s Government on February 27, 2015 shall be repealed simultaneously.