The detailed rules for the implementation of elevator installation in existing houses in Shijiazhuang are open for comments.

On April 26th, the Housing and Urban-Rural Development Bureau of Shijiazhuang issued a notice of "Detailed Rules for the Implementation of Elevator Installation in Existing Houses in Shijiazhuang (Draft for Comment)" for public comments. The opinion draft provides detailed regulations on elevator installation conditions, fund raising, organization and implementation, and policy measures.

Detailed rules for the implementation of installing elevators in existing houses in Shijiazhuang City

(draft for public comment)

Chapter I General Provisions

Article 1 In order to meet the needs of social and economic development and population aging, we will further improve the existing residential functions in our city and improve the quality of urban life. According to the Civil Law of People's Republic of China (PRC), the Construction Law of People's Republic of China (PRC), the Urban and Rural Planning Law of People's Republic of China (PRC), the Law of the People's Republic of China on the Safety of Special Equipment, the Measures for the Safety Management of Elevator in Hebei Province (Order of Hebei Provincial People's Government [20 17]No. 1), the Implementation Opinions of the General Office of Hebei Provincial People's Government on Strengthening the Quality and Safety of Elevator (Zheng Ji

The installation of elevators in existing houses should follow the principle of "voluntary owners, government support, local conditions, fairness and reasonableness, compliance with laws and regulations, ensuring safety and using functions". The working mechanism of owner consultation, grass-roots autonomy, high efficiency and convenience, and supervision according to law shall be implemented.

Chapter II Installation Conditions

Article 3 An application for installing an elevator in an existing house shall meet the following conditions:

(a) the existing housing should have legal housing ownership certificate and not included in the scope and plan of housing expropriation;

(two) a house with unit property rights shall obtain the written consent of the unit;

(three) the existing residential buildings conform to the urban planning, and conform to the building structure, earthquake resistance, fire protection and other norms and standards;

(4) If the elevator installed in the existing residence occupies public roads, green spaces, etc. In the community, the opinions of the relevant right holders shall be sought, and the owners whose exclusive parts account for more than two thirds of the total area and the number of people accounts for more than two thirds agree, and the owners whose exclusive parts account for more than three quarters and the number of people who participate in voting accounts for more than two thirds agree;

(5) When installing elevators in existing houses, all owners of the unit where the elevators are located shall be consulted. Owners whose exclusive parts account for more than two-thirds of the total area of the unit and whose number accounts for more than two-thirds shall vote, and those who vote for more than three-quarters of the total area shall agree.

The construction area and the number of owners are calculated according to relevant regulations.

Article 4 After soliciting opinions, the owners of elevator installation units shall reach a written agreement on the following matters:

(a) the cost budget for installing the elevator and its financing plan;

(two) the allocation scheme of elevator operation, maintenance and repair costs;

Article 5 A qualified unit shall issue design plans and opinions that conform to relevant norms and standards such as urban planning, architectural design, structural safety, earthquake resistance, elevator rescue access, fire safety and special equipment.

Article 6 It conforms to the current relevant provisions on the protection of cultural relics and historical and cultural cities.

Chapter III Fund Raising

Article 7 The installation, use and maintenance expenses of the elevator shall be borne by the owner * * within the service scope of the elevator to be installed. Owners can share funds according to factors such as floor and area, and the share ratio is determined by all owners who contribute.

Eighth counties (cities, districts) are encouraged to give appropriate subsidies to disabled and semi-disabled elderly families and low-income poor families who need to install elevators in accordance with relevant policies;

Ninth can use social capital investment and other legitimate sources of funds.

Chapter IV Organization and Implementation

Article 10 An application for installing an elevator in an existing residence may be made in a residential district, building or unit. To apply for the installation of elevators in a residential area, the applicant is the owners' committee of the residential area. If there is no owners' committee or the owners' committee cannot perform its duties normally, the neighborhood committee shall perform the duties of the industry committee on its behalf. Where an elevator is installed in a building or unit, the applicant is the owner of the building or unit; If the house is managed by the property right unit, the applicant is the property right unit.

Eleventh the applicant can recommend the owner's representative or choose other relevant units as the construction unit to organize the implementation; The applicant or the entrusted organization, as the construction unit, shall bear the obligations and responsibilities stipulated by the corresponding laws and regulations; The applicant shall choose a construction (supervision) unit with corresponding qualifications to implement elevator engineering installation; The applicant is the elevator user, responsible for the daily use and operation management of the installed elevator; The elevator operation enterprises, property service enterprises and other units entrusted by the applicant shall perform the elevator use management responsibilities according to law; If the management is not entrusted to others, the actual person in charge determined by the applicant through consultation shall perform the management responsibility for the safe use of elevators according to law.

(a) commissioned by the design unit to carry out special design. The installation of elevators in existing houses shall entrust an architectural design unit with corresponding qualifications to carry out special design; The special design is carried out in accordance with Technical Guidelines for Elevator Installation of Existing Multi-storey Residential Buildings in Shijiazhuang (No.:2020- 1042).

The special design shall include the following main contents:

1. Feasibility assessment report for adding elevators. Focus on evaluating whether it conforms to urban planning, fire protection, structural safety and main use functions, whether there are structural safety hazards, whether it affects the surrounding traffic and other functions, and whether the existing residential power supply and other supporting facilities can meet the elevator operation requirements.

2. Construction drawing design documents that meet the requirements of current codes and standards. When designing special projects, design units should consider the impact of installing elevators on water supply, power supply, heating, gas and other supporting facilities and fire safety, so as to ensure that the installation of elevators will not affect the safety of the main structure and main functions. When necessary, the construction unit may be required to hire a qualified testing unit to test and identify the original building.

3. General plan positioning diagram and effect diagram. The general plan positioning map should clearly indicate the elevator height, elevator contour line, distance from the external wall, building concession distance, spacing and other data. Elevator installation shall not occupy the red line of the planned road. If it is really unavoidable, the installation of the elevator shall not highlight the outer contour of the current building.

Special design documents shall be reviewed by qualified construction drawing review institutions in accordance with regulations, and the construction area unrelated to elevator installation shall not be increased.

Go through the planning formalities. If the elevator installation project meets the following conditions, after the sub-district office (town people's government) confirms the transformation content, it may no longer apply to the natural resources and planning department for issuing the construction project planning permit and issuing planning opinions: 1. There is no construction content unrelated to the elevator in the elevator installation; 2. The elevator car is made of opaque material; 3. If an elevator is installed on one side of an urban road or urban green space, it is inevitable that the elevator should not occupy the red line or green line of the road, and the installation of the elevator does not highlight the outer contour line of the current building.

When the original building is completed and accepted, the elevator shaft has been reserved to install the elevator, and there is no need to issue planning opinions.

In addition to the above, the installation of elevator projects needs to issue planning opinions and be handled in accordance with the relevant requirements of the planning department.

Joint review, go through the examination and approval procedures. The county (city, district) administrative examination and approval department shall establish a green channel for installing elevators in existing houses and specify the acceptance window for installing elevators in existing houses. The construction unit shall hold special design documents, elevator installation agreement and other relevant written materials, and go through the elevator installation procedures at the local acceptance window.

County (city, district) administrative examination and approval departments shall convene natural resources planning, housing and urban and rural construction, urban management, market supervision and management, power supply and other relevant departments. Review the elevator installation information together and sign the review opinions; If the opinions cannot be confirmed on the spot, the relevant departments shall give a written feedback to the county (city, district) administrative examination and approval bureau within 3 working days after the meeting.

The design documents that have passed the joint examination shall be publicized by the applicant in the elevator installation area and unit according to the regulations, and the publicity time shall not be less than 10 days, and shall be supervised by the neighborhood committees of the jurisdiction. During the publicity period, if the relevant owners have any objection, they may submit a request for mediation in writing to the neighborhood committee of the jurisdiction, and the disputes involving the law shall be resolved through judicial channels. After the expiration of the publicity period, the neighborhood committees and sub-district offices (Town People's Government) will stamp the application materials of the project that meet the installation conditions for confirmation. The joint trial convening department issued an opinion that the project has the conditions for installing elevators.

(four) for the construction permit. According to the relevant national and provincial laws and regulations and the Notice of Hebei Provincial Department of Housing and Urban-Rural Development on Adjusting the Construction Permit Limit of Housing Construction and Municipal Infrastructure Projects (Ji Jian Fa Gai [2021]1No.), for elevator projects exceeding the limit and scale, the construction permit should be handled according to law, and the quality and safety supervision procedures should be handled simultaneously; For elevator engineering installation below the limit or scale, the relevant functional departments of counties (cities, districts) and neighborhood offices (town people's governments) shall improve the management of elevator engineering installation within their respective functions and duties, and urge all parties to the project construction to fulfill the main responsibility of quality and safety.

(5) Handle the completion acceptance. The construction unit shall take overall responsibility for the safety production in the process of installing elevators in existing houses. Elevator construction and installation units shall, in strict accordance with the requirements of quality and safety in production, implement on-site construction safety protection measures and be responsible for project quality and safety according to law. The supervision unit shall supervise the quality and safety of the project on behalf of the construction unit, and assume the supervision responsibility for the quality of the project. After the completion of the elevator shaft project, the construction unit shall organize the completion acceptance according to law, and can apply for elevator equipment installation only after passing the acceptance. County (city, district) quality supervision departments shall supervise the completion acceptance process according to law.

(six) for the elevator installation notice, use registration. The elevator installation unit shall inform the elevator installation and construction unit to submit the joint examination opinions issued by the administrative examination and approval department in accordance with the relevant provisions of the special equipment safety law, and apply for elevator supervision and inspection. Elevator owners (units) or elevator users shall go through the use registration procedures in accordance with the Safety Law of Special Equipment, the Detailed Rules for the Administration of the Use of Special Equipment and the relevant provisions of provinces and cities.

Twelfth street offices (town people's government), neighborhood committees, etc. We should designate a special person to be responsible for installing elevators in existing houses, give full play to the advantages of community work, actively do a good job in policy propaganda and residents' coordination, and give correct guidance to installing elevators in existing houses; Property service enterprises should actively cooperate with related work.

Thirteenth relevant owners have objections to the installation of elevators in existing houses, and may apply for mediation by the neighborhood committees under their jurisdiction. If there are still objections after mediation by neighborhood committees, they shall be reported to the neighborhood offices (town people's governments) for mediation again. If there are still objections after mediation again, a ruling can be made through judicial channels; Neighborhood committees and sub-district offices (town people's governments) shall record the mediation situation, and affix their seals on the application materials submitted by the elevator installation applicants to confirm the mediation results; If it is resolved through judicial channels, the legal result shall prevail.

Chapter V Policies and Measures

Article 14 If an elevator is installed in an existing residential area without increasing the building function and building area unrelated to the elevator, there is no need to go through relevant procedures such as land occupation, the increased area is not included in the floor area ratio, and the land price is no longer paid, and there is no need to pay related administrative fees such as municipal infrastructure supporting fees; According to Article 4.0.9 of the Standard for Planning and Design of Urban Residential Areas (GB50 180-20 18), "If any facilities are added outside the original design building, the original sunshine standard of adjacent buildings shall not be lowered, except for the barrier-free renovation of existing residential buildings and the installation of elevators." The provisions of sunshine conditions shall not be used as the contents of administrative examination and approval for issuing construction project planning permits or issuing planning opinions.

The prominent parts of existing residential buildings with elevators are no longer checked according to the overall building spacing, concession distance and other indicators. On the premise of meeting the fire safety requirements, the fire spacing should be calculated according to the requirements of the current national code for fire protection design of buildings.

The applicant can apply for the use of the housing provident fund under his or her spouse's name. The use of housing provident fund should be in accordance with the "Regulations" and the relevant provisions of the province and city to apply to the housing provident fund management department.

For the existing houses in Chang 'an District, Yuhua District, qiaoxi district, Xinhua District, High-tech Zone, Luancheng District, Gaocheng District, Luquan District, Zhengding County, jingxing mining area and Circular Chemical Industry Park, if the relevant procedures are obtained and put into use, additional investors can apply for special subsidy funds according to the standard of 70,000 yuan per elevator subsidy stipulated in the Measures for the Administration of Special Funds for Installing Elevators in Existing Houses in Shijiazhuang City. Other counties (cities, districts) refer to the above standards, and the funds are raised by the counties (cities, districts) themselves.

Seventeenth existing houses after the installation of elevators in the new area, within the agreed scope of the installation of elevators, owned by all owners, not according to the housing for real estate registration; Where the property right of the relevant house is transferred, the transferee shall undertake and perform the rights and obligations of the transferor from the date of registration of the transfer of the house.

Article 18 The administrative examination and approval bureau, natural resources and planning, housing and urban and rural construction, market supervision and management, fire protection, civil air defense, urban management and law enforcement, housing provident fund management and other relevant departments shall, according to their respective functions and duties, support the relevant examination and approval and filing of elevators installed in existing houses in line with the principle of streamlining and efficiency. In order to optimize the adjustment in real time, the application materials for each approval link are clear in the form of a one-time notification form. For the elevator installation process involving water supply, heat supply, gas supply and power supply, etc. The relevant franchising enterprises shall open the green channel to go through the relevant formalities, and the franchising enterprises shall charge the decoration fee or reduce the fee at the cost price to the applicant who installed the elevator.

Chapter VI Supplementary Provisions

Nineteenth these rules shall come into force as of the date of promulgation and shall be valid for 5 years. The original Detailed Rules for the Installation of Elevators in Existing Houses in Shijiazhuang (Zhu Shi Jian Gui [2019] No.4) shall be abolished at the same time.