DALIAN CHINA  DALIAN CHINA
Implementation Opinions of General Office of Dalian Municipal People's Government on Installing Elevators in Existing Residential Buildings
2019-01-14

The people's governments of all districts, cities and counties, the administrative committees of all pilot districts, all relevant departments of the municipal government and all relevant units:

 

In order to meet the needs of economic and social development and population aging, implement the people-oriented concept of urban construction management, and further improve the living conditions of citizens, the following implementation opinions are hereby put forward on elevator installation in existing residential buildings in our city, according to the Property Law of the People's Republic of China, the Construction Law of the People's Republic of China, the Urban and Rural Planning Law of the People's Republic of China, the Special Equipment Safety Law of the People's Republic of China, the Regulations on Supervision of Special Equipment Safety and the Guidance on Elevator Installation in Existing Residential Buildings in the Province issued by the Provincial Housing and Urban Construction Department (Liao Zhu Jian (Department of housing & urban-rural development Liaoning) [ 2016 ] No.87 ) and other laws, regulations, policies and relevant engineering construction technical standards and specifications, with the consent of the municipal government.

 

I. General Requirements

(1) Basic principles. The installation of elevators in existing residential buildings should follow the principle of "voluntary of owners, full consultation, compliance with laws and regulations, and ensuring safety".

 

(2) Scope of implementation. Elevators can be installed in existing residential buildings that meet the installation conditions such as building structure and quality safety within the administrative area of Dalian City.

 

(3) Agreed standards. The installation of elevators shall be subject to the consent of all owners of the unit and the consent of the owners whose exclusive part of the house accounts for more than 2 / 3 of the total area of the building and who accounts for more than 2 / 3 of the total number (hereinafter referred to as the "consent of the 2 / 3 owners"). If the installation of elevators is to occupy the exclusive part of the owners of other units, the consent of the owners of the exclusive part shall also be obtained interested parties who may be directly affected by traffic, sunshine, lighting, ventilation and noise after installing elevators do not put forward clear objections.

 

II. Implementing subject

Owners can entrust the owners' Committee, real estate development enterprises, property service enterprises, elevator production enterprises, elevator installation enterprises, etc. as the Implementing subject of installing elevators. The urban renewal department in the jurisdiction area can provide the list of implementing subjects for the owners' reference.

 

III. Service Subject

As the service subject, the urban renewal department under the jurisdiction should assist the owner and the implementing subject to do a good job in the installation of elevators. Street communities and other departments should give full play to the advantages of carrying out mass work, and do a good job in publicity, communication and coordination of the installation of elevators.

 

Planning, land and housing, construction, quality supervision, fire control and other departments shall, in accordance with their respective responsibilities and the requirements of the "Dalian municipal engineering construction project examination and approval system reform pilot implementation plan", simplify the examination and approval procedures and improve service efficiency for the relevant examination and approval and service matters related to the installation of elevators in existing residential buildings.

 

IV. Fund Raising

According to the principle of "who benefits, who contributes, who owns", the construction funds, operation funds, maintenance and annual inspection expenses of the existing residential buildings equipped with elevators are jointly contributed by the owners (including tenants of public housing). The proportion of self-raised funds shall be settled by the owner through negotiation and a written fund raising agreement shall be signed. Any building that meets the use conditions of residential special maintenance funds can apply for the use of residential special maintenance funds to install elevators, but the amount can not exceed 50 % of the initial deposit amount.

 

V. Implementation Procedures

(1) Owners negotiation. All owners in the service unit for installing elevators shall conduct full negotiation to reach an agreement and sign a written agreement on matters related to the installation of elevator parts, elevator types, fund raising, elevator maintenance and management costs, and meanwhile determine the Implementing subject.

 

(2) House safety appraisal. The Implementing subject shall entrust house safety appraisal agencies to do house safety appraisal. The urban renewal department under the jurisdiction is responsible for providing a list of house safety appraisal agencies for owners' reference.

 

(3) Architectural design. The Implementing subject shall entrust the original architectural design unit or the architectural design unit with architectural design qualification to carry out special design.  Installation of elevators should be carried out within the scope of land ownership, and the design scheme should conform to the provisions of sunshine, earthquake resistance, structural safety, fire safety, environmental protection, emergency rescue, elevators and safety technical specifications. If the implementation of the design plan affects or changes water supply, drainage, gas supply, heat supply, power supply, communications, fire protection, civil air defense, lightning disaster protection, the opinions of the relevant competent departments shall be first solicited and implemented into the design plan or construction drawings. If the additional project is located in a historical and cultural city protection and urban landscape protection area or greatly influences the urban landscape, the opinions of the departments of culture, broadcasting, planning, etc should be solicited. Special design and construction drawings shall be submitted to the construction drawing review body for the record of the competent department of construction for review, and obtain a qualified certificate of construction drawing review. If the elevator installation project fails to obtain the planning permission due to the design scheme, the architectural design unit shall bear the corresponding responsibility.

 

(4) Publicity. The representative of owners or Implementing subject apply for publicity to the district street communities. The street communities will publicize the agreement of the owner of this unit to install elevators, the certification materials agreed by two-thirds of the owners of this house, the house safety appraisal report, the design scheme and other contents in the obvious positions such as the entrance of each unit of this building and the public notice board of the residential area for 10 days. During the publicity period, if the interested parties who may be affected by the installation of elevators make written objection without their real name system, the street community shall stamp it for the record; If there is any objection and no agreement can be reached, it shall not be sealed for the record.

 

(5) Planning permission. The Implementing subject of the existing residential has land ownership map, design plan, street community signature confirmation publicity certificate and other materials to the competent department of urban and rural planning administration to apply for planning permission procedures. The competent administrative department of urban and rural planning shall publicize within the scope of residential buildings and residential areas equipped with elevators. After planning publicity, the installation of elevators directly affects the owners without objection, the issuance of construction project planning permits.

 

(6) Construction permission. After the implementing subject has determined the civil construction and elevator installation enterprises with corresponding qualifications, he shall apply for the construction permit (no need to provide proof of funds in place, performance bond, payment bond, peasant worker's wage deposit certificate and work injury insurance certificate) in accordance with the relevant provisions of the "Construction Law of the People's Republic of China", "Measures for the Administration of Construction Permit for Construction Projects" and " Pilot Implementation Plan for the Reform of Dalian's Construction Project Approval System".  Elevator installation units shall, in accordance with the relevant provisions of the "special equipment safety law of the people's Republic of China", handle construction notification and apply for supervision and inspection of elevator installation.

 

(7) Completion and acceptance. The implementing subject is responsible for the safe production during the installation of elevators in existing residential buildings. After the completion of the project, the district reconstruction department will assist the implementing subject to organize the completion and acceptance.  After planning verification, the completion acceptance for the record can be directly handled.

 

VI. Operation and Management

After the elevator is installed, owners of this unit shall perform the responsibility of safety supervision. Relevant owners shall entrust the operation management unit to manage the elevators. The operation management unit shall sign the daily maintenance contract with the elevator maintenance unit that has obtained the license according to law to carry out the daily maintenance of the elevators and ensure the safe of the elevators. They shall do the use registration with the department responsible for the safety supervision of special equipment and obtain the use registration certificate.

 

VII. Other matters

There is no need to go through land occupation and other relevant procedures for the installation of elevators in existing residential buildings. No more land price will be levied for the increase in plot ratio, and no additional municipal infrastructure supporting fees and other relevant administrative fees will be required.

 

The property rights of buildings or structures such as elevators and wells installed in existing residential buildings belong to the owner who contributed the fund. In accordance with relevant regulations, the owners of the unit's capital contribution can jointly apply to the housing registration authority for recording in the housing registration book, do not apply for real estate registration certificates, and do not change the area of property rights of individual owners. If the ownership of the relevant house is transferred, the transferee shall enjoy and perform the rights and obligations stipulated in the original renovation agreement from the date of registration of the transfer of the house.

 

                                                                                                                                                                                                             General Office of Dalian Municipal People's Government
                                                                                                                                                                                                             January 7, 2019