Notice of the General Office of Jinan Municipal Government on Printing and Distributing the Measures for Installing Elevators in Existing Houses in Jinan City

Notice of the General Office of Jinan Municipal People's Government on printing and distributing the measures for installing elevators in existing houses in Jinan City

People's governments of all districts and counties and departments of the municipal government:

"Measures for installing elevators in existing houses in Jinan" have been approved by the municipal government and are hereby issued to you, please implement them carefully.

General Office of Jinan Municipal People's Government

September 6(th), 2020

Measures to install elevators in existing houses in Jinan

Article 1 In order to further enhance the use function of residential buildings, improve the quality of life of residents and promote the progress of social civilization, these measures are formulated in accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC), the Law of the People's Republic of China on the Safety of Special Equipment and other laws and regulations, and combined with the actual situation of our city.

Article 2 These Measures are applicable to the installation of elevators in existing houses in Lixia District, Shizhong District, Huaiyin District, tianqiao district, Licheng District, Changqing District, Zhangqiu District, Jiyang District, Jinan High-tech Zone, Nanshan District, and Jinan's pioneering area for the conversion of old and new kinetic energy.

The addition of elevators to existing houses in Laiwu District, Gangcheng District and Laiwu High-tech Zone shall be implemented in accordance with the Regulations on Adding Elevators to Existing Houses in Jinan City.

Article 3 The addition of elevators to existing houses shall follow the principles of owners' voluntariness, democratic consultation, legal compliance, safety guarantee and government support.

Article 4 The municipal housing and urban-rural construction department shall be responsible for the relevant policy formulation and business guidance on the installation of elevators in existing houses in this Municipality.

Municipal finance, natural resources and planning, market supervision and other departments in accordance with the division of responsibilities to do a good job in the existing residential elevator related work.

The relevant district government is responsible for overall coordination, guidance and supervision of the installation of elevators in existing houses in this area.

Power supply, water supply, gas supply, heating, sewage treatment, communications and other professional business units should be streamlined, convenient and efficient, with the existing residential elevator services.

Sub-district offices shall perform their territorial responsibilities and do a good job in organization, coordination, publicity and democratic consultation of installing elevators in existing houses. The residents' committee should give full play to the democratic consultation function of the residents' committee, and actively resolve the contradictions and disputes between owners about adding elevators. Involving party and government organs, enterprises and institutions and other relatively concentrated residential areas, the relevant units should take the initiative to negotiate with street offices and residents' committees.

Fifth existing residential elevators are added in units. In principle, only one elevator can be added to a unit.

Existing houses with elevators shall meet the following conditions at the same time:

Has obtained a certificate of real estate ownership or can issue a legal certificate of the source of housing property rights;

Completed and put into use before June 20, 20 17, with safe structure;

Not included in the housing levy plan;

Multi-owner residence with main structure above 4 floors and no elevator.

The addition of elevators to existing houses should be implemented within the boundaries of the original construction project to meet the requirements of planning, building structure safety, fire fighting distance and safe evacuation. The appearance and materials of the elevator shall be in harmony with the architectural style and surrounding environment of the original building, and the main structural form of the original building shall not be changed.

Article 6 The existing residential elevators should listen to the opinions of all the owners of the unit, especially the opinions of the relevant owners who are directly affected by the addition of elevators in the unit in terms of traffic, lighting, ventilation and noise. If an additional elevator intends to occupy the exclusive part of the owner, it shall obtain the consent of the owner of the exclusive part.

If elevators are added to existing houses, it shall be approved by the owners whose exclusive parts account for more than two-thirds of the total construction area and more than two-thirds of the total number. If elevators are added to the existing houses in 202 1, 1 and 1, the owners who account for more than two-thirds of the exclusive area of the unit house and the number of people participating in the voting shall participate in the voting, and the written consent shall be signed by the owners who account for more than three-quarters of the exclusive area and the number of people participating in the voting.

On the basis of the owner's self-consultation, the sub-district office takes the lead in organizing the neighborhood committees to build a consultation platform, carry out democratic consultation and deliberation hearings, guide all stakeholders to rationally express their opinions and demands, seek the greatest common denominator of the wishes of all parties, and properly solve problems and contradictions.

Seventh existing residential elevator funds can be raised by the following ways:

The owner contributes the same capital according to a certain proportion;

Housing accumulation fund for both the owner and the spouse;

Financial subsidy funds;

Social investment;

Other funds that can be used to add elevators according to law.

Article 8 Where the owners or their written representatives who invest in adding elevators in their own units, the original property units that have sold public houses, the original real estate development enterprises, elevator installation enterprises, property service enterprises and project management enterprises are the construction units that add elevators, they are responsible for project formulation, organization and coordination, project declaration, equipment procurement, project implementation, maintenance and management, and bear the responsibilities and obligations stipulated by relevant laws and regulations.

Article 9 If the owner agrees to add elevators in this unit, he shall reach a written agreement on the following matters:

Increase the brand, model and construction scheme of elevator;

Increase the elevator project budget and construction cost allocation and raising plan;

Determine the elevator user and the elevator maintenance mode after putting into use;

Apportionment and raising scheme of operating energy consumption, maintenance and other expenses after the elevator is put into use;

The distribution and use of financial subsidy funds;

Compensation scheme for owners whose rights and interests have been damaged, and distribution and raising scheme of compensation funds.

If other owners of this unit have objections to the above matters, the owners can negotiate by themselves or implement mediation under the coordination of sub-district offices, neighborhood committees and other units.

Tenth in line with the provisions of the second paragraph of article sixth and the first paragraph of article ninth of these measures, the construction unit shall inform the housing and urban construction department of this district in writing of the situation of adding elevators. The housing and urban-rural construction departments of relevant districts shall give full play to their functions in conjunction with the sub-district offices, guide the preparation of planning and design plans and construction drawing design documents, and do a good job in related coordination services.

Eleventh existing residential elevators should be added by qualified design units in accordance with the requirements of the "Guidelines for Adding Elevators to Existing Residential Buildings", the planning and design scheme and construction drawing design documents should be prepared.

Design units should check the original building construction drawings, structural construction drawings, geological survey reports and other materials before design. If the information is incomplete, necessary supplementary surveys should be carried out to ensure that the integrity and structural safety of the original building will not be affected after adding elevators.

Article 12 The construction unit shall publicize the planning and design scheme of adding elevators in a prominent position of the unit, and the publicity period shall not be less than 10 day. The construction unit should optimize the design scheme together with the design unit according to the feedback rationalization proposal, so as to reduce the adverse impact of installing elevators on relevant owners.

Thirteenth after the expiration of the publicity period, the construction unit shall apply to the natural resources and planning department for planning review procedures with the declaration form, the authenticity of the application materials, the planning and design scheme approved by the street office and other materials.

Fourteenth construction units shall entrust qualified construction and supervision units to be responsible for the construction and supervision of the project, sign construction contracts and supervision contracts, and go through the construction filing procedures at the housing and urban-rural construction departments in their respective districts. The review of construction drawing design documents shall be conducted in accordance with relevant regulations.

Elevator equipment installation shall comply with the provisions of special equipment safety laws and regulations, elevator installation units need to go through the notification procedures with the municipal special equipment safety supervision and management department, and special equipment inspection institutions with corresponding qualifications shall conduct supervision and inspection.

Article 15 Where the addition of elevators involves the relocation of pipelines such as power supply, water supply, gas supply, heat supply, sewage discharge and communication, and the transformation of other supporting facilities, the relevant units shall, according to the review opinions of the planning and construction drawing design documents, open green channels, simplify procedures and give priority to them. The relevant expenses shall be borne by the relevant owners who contributed to the addition of elevators.

Sixteenth additional elevator construction site must set up a clear sign, indicating the name of the project, the construction unit, design unit, construction unit, project manager and the name and contact number of the general representative of the construction site, the start and completion date, planning review opinions, construction filing procedures and other contents. The construction unit is responsible for protecting the signs on the construction site.

The construction unit shall complete the elevator addition project in strict accordance with the publicized opening and completion dates. If the construction unit fails to complete the project within the time limit due to its own reasons, it shall bear the corresponding liability for breach of contract. The proportion or amount of liquidated damages shall be agreed in the construction contract between the owner who contributed to the addition of the elevator and the elevator construction enterprise.

Article 17 The construction unit shall take overall responsibility for the safety production in the whole process of new elevator construction, and the design, construction, supervision units and elevator installation enterprises shall bear corresponding responsibilities in accordance with relevant laws and regulations. The quality and safety supervision departments of construction projects and the safety supervision and management departments of special equipment shall do a good job in the quality and safety supervision and guidance during the construction of new elevator projects.

Eighteenth after the completion of the project, the construction unit shall organize the design, construction, supervision and other units to carry out the completion acceptance of the project quality, and apply to the special equipment inspection and testing institutions for issuing supervision and inspection reports.

Article 19 The owner of a newly-built elevator may entrust a realty service enterprise or other unit to manage the elevator, and entrust the realty service enterprise or other unit to be the elevator user, and fulfill the relevant obligations of the special equipment user as stipulated in relevant laws and regulations on special equipment.

If the owner of the additional elevator fails to entrust it, it is agreed through negotiation that 1 the owner shall perform the management obligations as the elevator use manager, and other owners shall bear joint and several liabilities.

If the elevator owner is changed due to the transfer of house ownership, the changed owner shall inherit the rights and obligations of the original owner.

Article 20 Within 30 days after the completion and acceptance of the newly-added elevator project passes the supervision and inspection, the construction unit shall hand over the relevant technical data such as the completion and acceptance of the project and the elevator quality qualification documents to the elevator user, and the elevator user shall establish elevator safety technical files and keep them. When applying for new elevator financial subsidies, the construction unit shall report the files and technical data such as owners' voting, planning review and construction filing formed in the process of adding elevators to the district housing and urban construction department for archiving and preservation.

Twenty-first elevator users should apply to the local special equipment safety supervision and management department for registration before or within 30 days after the elevator is put into use, and do a good job in elevator safety management.

Elevator users shall entrust elevator manufacturers or elevator installation, renovation and maintenance units with relevant qualifications to be responsible for the daily maintenance of elevators.

Elevator users shall apply to the special equipment inspection agency for regular inspection before the expiration of elevator safety inspection 1 month.

Twenty-second in violation of the provisions of these measures, without going through the relevant construction procedures without authorization, the district urban management comprehensive administrative law enforcement department shall investigate and deal with it according to law.

Twenty-third for the existing residential elevator project planning review and construction procedures, the relevant owners and property services companies should provide the necessary construction convenience, and shall not obstruct or destroy the construction. If economic losses are caused to other owners due to obstruction of construction, they shall be liable for compensation according to law; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be dealt with by the public security organs according to law.

Twenty-fourth relevant owners think that adding elevators infringes their civil rights and interests or have objections to adding elevators, which can be resolved through consultation between owners. If there are differences, neighborhood offices and residents' committees may organize mediation according to law or settle them through civil litigation.

Article 25 The addition of elevators to existing houses is only a supplement to the vertical transportation system of the original houses, so the increased construction area is not included in the planning index, and no real estate registration formalities are handled.

There is no need to re-apply for land occupation and other related procedures when installing elevators in existing houses, and there is no need to pay related administrative fees and government funds such as municipal infrastructure supporting fees.

Twenty-sixth encourage real estate development enterprises, property service enterprises, elevator production enterprises, elevator installation enterprises and social organizations to explore new business models according to law and promote the installation of elevators in existing houses.

Twenty-seventh rules for the implementation of financial subsidies for existing residential elevators shall be formulated separately by the municipal finance department and the municipal housing and urban construction department.

Twenty-eighth existing residential elevators in Pingyin County and Shanghe County can be implemented with reference to these measures.

Retired military cadres, affordable housing and other houses that have obtained the ownership certificate, and adding elevators can be implemented with reference to these measures.

Twenty-ninth these Measures shall come into force as of the date of issuance and shall be valid for 5 years. On August 20th, 20 19, the Measures for Installing Elevators in Existing Houses in Jinan was abolished at the same time.