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Article 45: The maintenance of elevators shall be carried out by the elevator manufacturer or by a unit that has obtained a license for installation, modification, or repair in accordance with this Law. The elevator maintenance unit shall strictly comply with the requirements of safety technical specifications during maintenance, ensure the safety performance of the elevators being maintained, and be responsible for implementing on-site safety measures to guarantee construction safety. The elevator maintenance company shall be responsible for the safety performance of the elevators it maintains ； Upon receiving a notification of a malfunction, one must immediately proceed to the scene and take necessary emergency rescue measures. Interpretation of the provision: This article deals with the routine maintenance of elevators, as well as the responsibilities and obligations of the entities responsible for such maintenance. I. The importance of maintaining elevators Elevator maintenance refers to the routine tasks such as cleaning, lubricating, adjusting, replacing worn parts, and inspecting the elevator. Elevators are used frequently, which leads to significant wear and tear on the equipment; therefore, regular routine maintenance is necessary to keep them in a safe and reliable operating condition. Proper routine maintenance of elevators is crucial for ensuring their safe use. According to statistics, inadequate maintenance of elevators is a major cause of elevator accidents and failures. Take the “7/5” escalator accident on the Beijing Metro in 2011; a major cause was inadequate maintenance. Therefore, it is very necessary to have separate regulations for the maintenance of elevators. II. The entities responsible for the maintenance of elevators are the manufacturers or those that have obtained permits for installation, modification, and repair. Elevator maintenance involves significant technical expertise, and the persons in charge of using the elevators generally do not possess specialized knowledge in this area; therefore, maintenance must be carried out by professional firms and personnel who have received appropriate training. Elevator manufacturers have the greatest capacity to carry out elevator maintenance and should therefore be the main entities responsible for it; installation, renovation, and repair companies also have the capability to perform elevator maintenance and can undertake such tasks as well. In developed countries abroad, over 70% of elevators are maintained by the manufacturing units, while in China this figure is only 30% at present. Due to property management companies selecting maintenance providers at low prices, there is price-cutting and fierce competition within the maintenance industry, resulting in inadequate maintenance work. Therefore, in specifying the entities responsible for elevator maintenance, this provision places manufacturing units at the forefront. This is intended to encourage such units to take on more responsibilities related to elevator maintenance. This practice aligns with international norms and also conforms to the trend of manufacturing units transitioning into service-oriented businesses. With the manufacturing unit responsible both for the production of the elevator and for its maintenance services, the responsibilities related to elevator safety become clearer, which facilitates the implementation of those safety obligations. However, due to the large geographical disparities in our country, and because the maintenance capabilities of elevator manufacturers currently fall short of the demands posed by the rapid development of elevators, manufacturers are not able to handle all elevator maintenance tasks on their own. As a result, many installation, renovation, and repair companies are actually responsible for carrying out elevator maintenance work. For existing companies that specialize in elevator maintenance, if they continue to carry out such maintenance work, they can obtain a license for repair services and engage in maintenance and renovation activities. Manufacturing units can enhance training and guidance to gradually establish an elevator maintenance system in which the manufacturing units play a key role, with other installation, modification, and repair units serving as supplements. III. Methods of Elevator Maintenance and Repair Elevators are subject to professional maintenance and repair. The entity responsible for managing the use of the elevators usually enters into a maintenance contract with the elevator manufacturer or with a company that has been authorized to carry out installation, modification, or repair work in accordance with this law. This contract specifies the duration of maintenance, the required standards, as well as the rights and obligations of both parties. The service is purchased from the maintenance company, which also assumes responsibility for the maintenance of the elevators. Currently, the term of elevator maintenance contracts is generally one year. There are mainly three types of contracts: The first is the “all-inclusive” contract, under which the maintenance provider is responsible not only for routine tasks such as cleaning, inspection, and lubrication, but also for replacing all necessary parts ； Second is the “semi-package” service, where the maintenance provider is responsible only for replacing parts within a certain price range; for parts that are more expensive or are major components, the user must purchase them separately. Third is the \"bare-package\" option, where the replacement of all components requires the user to purchase them separately. “Although the “all-inclusive” approach involves higher maintenance costs, it results in lower subsequent expenditures for the user. Moreover, responsibilities are clearly defined, thereby minimizing the likelihood of disputes arising from the procurement of spare parts. This prevents situations where components cannot be replaced in a timely manner, leading to elevators operating while faulty. Therefore, adopting long-term \"all-inclusive\" maintenance for elevators is the development trend of the elevator maintenance industry, as well as an effective means to improve the quality of such maintenance. IV. The main tasks undertaken by the elevator maintenance unit are as follows: First, to carry out maintenance in strict accordance with safety technical specifications and relevant standards, as well as the requirements for use and maintenance, in order to ensure the safety performance of the elevators that are being maintained. This requires that the maintenance unit not only enter into a maintenance agreement with the equipment user and be responsible for carrying out regular maintenance tasks, but also must implement these tasks in accordance with safety technical specifications, relevant standards, and the rules governing maintenance. A maintenance plan should be developed, with routine maintenance carried out every 15 days; in addition, maintenance and inspections should be conducted on a quarterly, semi-annual, and annual basis. For elevators that have many problems, the maintenance interval should be shortened depending on the specific circumstances. The maintenance status of each elevator should be recorded and kept in the elevator technical archive. Second, it is responsible for implementing on-site safety protection measures to ensure construction safety. During on-site maintenance, personnel from the using unit are often still engaged in other tasks. The maintenance unit must take necessary measures to implement safety precautions at the site. On one hand, this is to prevent others from being harmed, such as by setting up barriers and warning signs; on the other hand, it is also to protect the maintenance workers themselves from injury. If inadequate safety measures at the site result in injuries to people and property damage, the unit responsible for maintenance shall be held accountable. Third, it is responsible for emergency rescue in case of elevator malfunctions. When a malfunction occurs during elevator operation—such as doors failing to open or the elevator coming to a halt, resulting in passengers being trapped—or any other malfunctions take place, the unit responsible for routine maintenance must immediately rush to the scene upon receiving the notification and carry out rescue operations and repairs properly. Therefore, the maintenance unit must establish emergency measures and rescue plans, as well as a 24-hour hotline. In the event that passengers are trapped in an elevator, the maintenance unit must arrive at the scene promptly upon receiving notification to carry out rescue operations. The response time should be no more than 30 minutes in municipalities directly under the central government or cities with districts, and generally no more than 1 hour in other areas, so as to ensure that passengers can be rescued as quickly as possible. The entity responsible for the operation and management of elevators is the primary party accountable for their safety; it cannot neglect these elevators just because maintenance tasks are delegated to a maintenance company. In addition to carrying out routine management tasks, it must also supervise and cooperate with the maintenance of the elevators. V. The elevator maintenance unit shall be responsible for the safety performance of the elevators it maintains. The purpose of elevator maintenance is to ensure that elevators operate normally and possess the requisite safety features. Therefore, the elevator maintenance unit must be accountable for the safety performance of the elevators under its care. That is, if an accident or malfunction occurs due to the fact that the elevator’s safety performance does not meet the requirements of safety technical specifications and relevant standards as a result of maintenance work, the maintenance company shall bear responsibility, unless it can prove that the accident or malfunction was caused by quality issues in the elevator’s design, manufacturing, installation, or other related processes. Of course, the entity that uses the elevator holds the authority to manage its use and is the primary responsible party for ensuring its safety. This responsibility does not diminish just because the maintenance company is tasked with ensuring the elevator’s safety performance. At the same time, accidents or malfunctions caused by management issues such as improper handling of elevator master keys or intentional damage to elevator equipment are not the responsibility of the maintenance company. The specific requirements for elevator maintenance are further specified in the relevant safety technical standards.