On August 11, the Office of the Leading Group for Promoting the Refinement of Urban Management in Shanghai, the Shanghai Municipal Housing and Urban-Rural Construction Management Committee, the Shanghai Municipal Market Supervision Administration, the Shanghai Local Financial Supervision Administration, and the Shanghai Housing Administration jointly issued the issue “Guiding Opinions on Strengthening the Management of Installing Elevators in Existing Multi-storey Residential Buildings.”
According to the “Several Opinions on Further Improving the Work of Installing Elevators in Existing Multi-storey Residential Buildings in this City”, the installation of elevators in existing multi-storey residences (hereinafter referred to as Installation of elevators”) is the result of the relevant owners’ consensus and joint funding for all renovations. The owner of the installed elevator can follow the principle of “co-construction, co-governance, and sharing” to ensure the subsequent safe and stable operation of the installed elevator. The specific opinions are as follows:
1. Implement management Responsibility
Elevator installation management, including elevator use management and new enclosure structure and ancillary facilities and equipment added due to elevator installation (hereinafter referred to as “new facilities and equipment”) Two parts of management. The owner of the installed elevator can implement the elevator use management unit and the new facility and equipment management unit, and perform management responsibilities on their behalf. Innovate the “insurance + service” management model to increase the insurance coverage rate of elevator use management.
(1) Elevator use management
1. Determine the elevator use management unit. According to the relevant provisions of the “Shanghai Elevator Safety Management Measures”, if the owner of the installed elevator entrusts the property service enterprise or other elevator safety management unit in the community to manage the elevator, the trustee shall be the elevator use management unit; the owner of the installed elevator purchases the elevator to use For insurance management, the insurance company entrusting the underwriting shall be the elevator use management unit in accordance with the contract; if the owner of the installed elevator manages the elevator itself, the owner of the installed elevator shall be the elevator use management unit. If the owner of the installed elevator is more than one person who manages the elevator by himself, the actual person in charge of the elevator management shall be agreed in writing to undertake the specific management work.
2. Responsibilities of the elevator use management unit. In accordance with the relevant laws, regulations and safety technical specifications of elevator use management of the country and this city, the elevator use management unit shall actively perform its duties, and do a good job in the cleaning of the elevator car and the maintenance of the lighting, fan and other equipment in the elevator car.
(2) Management of new facilities and equipment
1. Confirmation of management units for new facilities and equipment. The owner of the installed elevator purchases elevator use management insurance, and the coverage includesFor the management of new facilities and equipment, the insurance company underwriting is the new facility and equipment management unit; if the owner of the installed elevator does not purchase elevator use management insurance, or the scope of insurance does not include the management of the new facility and equipment, the property service of the community should be entrusted Enterprise management adds new facilities and equipment.
2. Newly added the responsibilities of facilities and equipment management units. The newly-added facilities and equipment management unit shall, in accordance with relevant agreements, do a good job in daily cleaning, maintenance, and regular inspections of the elevator hall windows, lighting, floor tiles, and the connection structure with the main body of the house. If the new facility and equipment management unit discovers that there is a hidden safety hazard in the new facility and equipment, it shall take emergency measures in time and notify the owner of the installed elevator and the owner’s committee. If the situation is serious, it shall report to the local street and town at the same time. After receiving the notice or report, the owners of the installed elevators, the owners’ committee, and the subordinate streets and towns shall deal with them in accordance with the “Shanghai Housing Safety Management Measures” and other relevant regulations.
2. Funding and use
In accordance with the “Shanghai Elevator Safety Management Measures” and other relevant regulations, install The expenses required for daily elevator management, energy consumption, maintenance, alteration, repair, inspection, testing, safety assessment, and entrusting others to manage services or purchasing related insurance (hereinafter referred to as “additional elevator management expenses”) shall be determined by the installation of elevators The owner undertakes.
(1) Opening of additional elevator management expense accounts. The owner of the installed elevator can entrust the property service enterprise of the community to open an account for the management of the installed elevator, and set up an account according to the door number to implement daily management. If a real estate service enterprise accepts a commission to open and manage an additional elevator management expense account, it shall agree in writing with the owner of the additional elevator on related matters such as account management fees. The owner of the additional elevator can also open the additional elevator management expense account and implement daily management. If the owner of the additional elevator opens and manages the additional elevator management expense account by himself, the account administrator shall be agreed in writing to undertake the specific management work. Banks in Shanghai should further standardize and optimize service procedures, and actively support the installation of elevators.
(2) Raising management funds for the installation of elevators. The owner of the additional elevator shall raise the funds for the management of the additional elevator by himself. The additional elevator management expenses shall be collected by the representative selected by the owner of the additional elevator at the door number (hereinafter referred to as the “representative of the owner of the additional elevator”) and then uniformly deposited into the additional elevator management expense account. When the account balance is insufficient, the representative of the owner of the additional elevator shall promptly organize the owner of the additional elevator to renew the funds in accordance with the agreed ratio. Streets and towns can assist in organizing the installation of elevator owners to raise funds for implementation.
(3) Use of additional elevator management funds. The additional elevator management funds shall be used in accordance with the provisions of the entrusted management agreement or the decision of the owner of the additional elevator. In the event that the additional elevator management funds need to be used, the additional elevator owner’s representative shall withdraw it from the additional elevator management expense account and pay it to the relevant unit in accordance with the agreement of the additional elevator entrusted management agreement or the decision of the additional elevator owner’s decision. . Relevant banks in Shanghai must earnestly perform their fund entrusted management responsibilities.
3. Clarify rights and obligations
After the specific plan for installing elevators is passed, the investor who installs elevators can Sign the elevator installation agreement on the basis of consensus, clearly stipulating the ownership of the elevator, usage rules, management responsibilities, cost sharing and other related matters. The owner of the installation elevator as agreed in the installation agreement shall enjoy relevant rights and obligations and perform relevant obligations in accordance with the law.
(1) When the ownership of the house of the owner of the installed elevator changes, the related rights and obligations of the installed elevator shall be inherited by the owner of the house after the change. Among them, if the owner of the installed elevator transfers the ownership of the house by way of sale, gift, etc., he must notify other owners of the installed elevator in writing, and clearly inform the transferee of the rights and obligations of the installed elevator in the house purchase contract and the gift contract. .
(2) If the owner of the installed elevator is a public housing tenant, after the public housing tenant is changed, the rights and obligations related to the installation of the elevator will be changed from the public housing after the change The lessee succeeds. Among them, if the tenant of the public housing is changed by way of exchange of houses at a price difference, the owner of the additional elevator shall notify the other owners of the additional elevator in writing, and clearly inform the assignee of the right to install the elevator in the public housing lease transfer contract. And obligations.
(3) When the owner of the installed elevator leases, lends, or transfers the right to use the building by other means, he shall inform the transferee in writing of the right and right to install the elevator. obligation.
IV. Property service companies participate in the whole process
Property service companies must actively exert their professional advantages and do the following Work:
(1) Actively cooperate in the promotion of policies and regulations related to the installation of elevators in existing multi-storey residential buildings, assist in data collection, plan formulation, and consultation, etc. And according to the actual situation of the terrain, roads, greening, parking space configuration, pipeline location, etc., the brand, model, and construction of the elevatorProvide professional advice on building design plans, etc., to promote the owners to reach a consensus on matters related to the installation of elevators.
(2) Actively cooperate in providing the original as-built drawings of the house, construction materials, and construction waste dump sites. If the relevant site needs to occupy the road of the community or the parking space of motor vehicles, it is necessary to do a good job of road traffic and motor vehicle parking guidance. At the same time, cooperate with the construction unit to do a good job of on-site management and maintain the order of the construction site.
(3) Take the initiative to undertake the entrustment of the owner of the installed elevator, provide the management service of the installed elevator, and hold the ownership of the installed elevator on the basis of fairness and reasonableness and consensus The person signs a written entrusted management agreement for the installation of elevators, clearly stipulating specific content such as service items, service contents, service standards, charging items and charging standards.
(4) If the owner of the installed elevator is the elevator use management unit, the property management company shall arrange for special personnel to be responsible for the underpinning work of the emergency alarm device monitoring room terminal alarm , And cooperate with the owner of the elevator to do the related risk elimination and maintenance work. If the insurance company is the elevator use management unit and it is really difficult, the property service company may accept the insurance company’s entrustment to be responsible for the terminal alarm work of the elevator emergency alarm device monitoring room, and charge related fees.