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[Interpretation of the Special Equipment Safety Law] Article 80

2022-02-28View Original

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Article 80: If an elevator manufacturing unit violates the provisions of this Law and falls under any of the following circumstances, it shall be ordered to make corrections within a specified time limit; If the violation is not corrected within the prescribed time, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed: (1) Failing to inspect and adjust the elevator in accordance with the requirements of safety technical specifications ; (II) When conducting follow-up investigations and assessments of the safe operation of elevators, serious potential accident hazards are identified, but the elevator user is not informed in a timely manner, nor is it reported to the department responsible for the supervision and management of special equipment safety. Interpretation of the provision: This article stipulates the legal responsibilities of elevator manufacturers who fail to carry out calibration or testing of elevators, or who fail to inform others when serious safety hazards are detected. I. Entities liable under law The entity that is liable for the legal responsibilities stipulated in this article is the elevator manufacturer. II. Illegal acts giving rise to such liability Article 22 of this law stipulates that the installation, modification, and repair of elevators must be carried out by the elevator manufacturer or by a unit entrusted by it and that has obtained the corresponding permits in accordance with this law. If an elevator manufacturer entrusts another entity to carry out the installation, modification, or repair of elevators, it shall provide safety guidance and supervision for such installation, modification, or repair, and conduct inspections and adjustments in accordance with the requirements of safety technical specifications. The elevator manufacturer is responsible for the safety performance of the elevator. According to this provision, whether the elevator manufacturer installs, modifies, or repairs the elevator directly, or entrusts a unit with the appropriate licenses to carry out these tasks, the elevator must be calibrated and tested in accordance with the requirements of safety technical specifications; this is an important measure to ensure the safe use of elevators. If verification and debugging are not carried out as required, legal liability as stipulated in this article shall be assumed. Article 46 of this Law stipulates that after an elevator is put into use, the elevator manufacturer shall conduct follow-up investigations and assessments regarding the safe operation of the elevator it manufactured. It shall offer suggestions for improvement regarding any problems existing in maintenance and safe operation by the elevator’s maintenance unit or user, and provide necessary technical assistance ; When serious accident hazards are detected in an elevator, it is necessary to inform the entity that uses the elevator promptly, and to report to the department responsible for the supervision and management of safety in special equipment. The elevator manufacturer shall keep records of the investigations and findings. This article clearly stipulates the obligations of elevator manufacturers regarding notification and reporting during follow-up investigations and assessments; failure to fulfill these notification and reporting obligations shall result in the legal liabilities prescribed in this article. When determining the aforementioned illegal acts, the following two aspects should be taken into consideration: 1. It is the obligation of the elevator manufacturer to conduct calibration and testing in accordance with the requirements of safety technical specifications after installing, modifying, or repairing elevators. Whether the elevator manufacturer carries out the installation, renovation, or repair of elevators itself, or entrusts other entities possessing the requisite permits to do so, it is mandatory for the elevator manufacturer to conduct verification and commissioning after the completion of such activities. In the absence of checksum verification and debugging, the elevator manufacturer shall bear the legal responsibilities stipulated in this article. At the same time, checksums and debugging processes should be documented to provide records for future modifications, repairs, inspections, and supervision. 2. Elevator manufacturers must not only fulfill their obligations to provide information and submit reports, but also do so in a timely and accurate manner. If the elevator manufacturer discovers serious potential accident hazards but fails to inform and report them in a timely manner, or if the information provided is inaccurate, the manufacturer shall also bear corresponding legal responsibilities. III. Forms of legal liability and issues related to the imposition of penalties: In the event of violations of the provisions of this article, the department responsible for the supervision and management of safety in relation to special equipment shall order rectification within a specified time limit ; If the violation is not corrected within the prescribed time, a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed on the elevator manufacturing unit. 1. Where the elevator manufacturer and the elevator user are located in different places, and the elevator manufacturer refuses to accept handling by the department responsible for the safety supervision and management of special equipment at the place of use, the case shall be referred to the department responsible for the safety supervision and management of special equipment at the location of the elevator manufacturer for handling. 2. For behaviors that fail to be corrected within the prescribed time frame, in addition to imposing fines on the elevator manufacturing units, if such behaviors lead to elevator accidents, the responsibilities of the units and individuals involved shall be pursued in accordance with the relevant provisions of this law; if it constitutes the crime of major liability accident or other crimes, criminal liability shall be pursued in accordance with the law.

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