RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 21, 2017 No. 438

About approval of the Technical regulation of elevators and components of safety for elevators

According to article 5 of the Law of Ukraine "About technical regulations and assessment of conformity" the Cabinet of Ministers of Ukraine decides:

1. Approve the Technical regulation of elevators and components of safety for elevators which is attached.

2. To provide to the ministry of development of economy, trade and agricultural industry implementation of the Technical regulation approved by this resolution.

3. Determine that provision in the market and/or commissioning of elevators and components of safety for elevators which meet the requirements of the Technical regulation of elevators approved by the resolution of the Cabinet of Ministers of Ukraine of April 22, 2009 No. 465 (The Official Bulletin of Ukraine, 2009, No. 36, of the Art. 1227) and are introduced into circulation till December 31, 2018, it cannot be forbidden or limited for the reasons of discrepancy of such elevators and components for requirements of the Technical regulation approved by this resolution.

4. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

5. This resolution becomes effective in six months from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 21, 2017, No. 438

The technical regulation of elevators and components of safety for elevators

General part

1. This Technical regulation determines requirements to elevators and components of safety for elevators and is developed on the basis of the Directive 2014/33/EU of the European Parliament and Council of February 26, 2014 about harmonization of the legislation of state members concerning elevators and components of safety for elevators.

2. Action of this Technical regulation extends to the new elevators introduced into circulation after its introduction to force which constantly service buildings and constructions and are intended for transportation:

people;

people and loads;

only loads if the device is available to transportation, that is the person can freely come into it, and is equipped with the controls located in the device for transportation or within achievement of the person who is in the device for transportation.

This Technical regulation is applied to new components of safety to the elevators specified in appendix 3, for use in the elevators determined in this Item.

3. Requirements of this Technical regulation do not extend on:

lifting devices which speed does not exceed 0,15 of m/s;

construction elevators;

ropeways, including funiculars;

the elevators which are specially designed and constructed for military or police needs;

lifting devices from which it is possible to perform work;

mine lifting installations;

the lifting devices intended for raising of actors during representations;

the lifting devices established on vehicles;

the lifting devices established on the equipment and intended for ensuring access to workplaces including places for maintenance and control on the equipment;

devices with rack transfer;

escalators and passenger conveyors (travelators).

4. If the risks of elevators or components of safety for elevators specified in this Technical regulation fully or partially fall under action of other technical regulations, this Technical regulation is not applied or its application stops for such elevators and components of safety for elevators and risks are estimated rather corresponding technical regulations.

5. In this Technical regulation the following basic concepts are used:

1) introduction into circulation - provision of component of safety for elevators in the market of Ukraine for the first time either paid or free deliveries of the elevator for use in the market of Ukraine in the course of implementation of economic activity;

2) retirement - any action directed to prevention to provision in the market of Ukraine of component of safety for elevators which is in supply chain of such component of safety for elevators;

3) the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes safety component for elevators or charges its development or production and realizes such component of safety for elevators under the name or trademark;

4) response - any action aimed at providing dismantle and safe removal of the elevator or return of components of safety for elevators which are already provided to the assembler or the consumer (user);

5) mark of conformity to technical regulations - marking by means of which the assembler or the producer specifies that the elevator or component of safety for elevators conforms to requirements which are applied to such elevator or component and are determined in technical regulations which provide drawing this marking;

6) the importer - any physical or legal resident person of Ukraine who introduces into market circulation of Ukraine safety component for elevators origin from other country;

7) the elevator - the lifting device, servicing specific levels, the having device for transportation which moves on the tough guides inclined at an angle more than 15 ° to horizontal or the lifting device moving along the fixed direction, in particular in case it does not move on tough guides;

8) the assembler - physical person or legal entity which takes the responsibility for development, production, installation and issuance of the elevator;

9) provision in the market - any paid or free deliveries of component of safety for elevators for distribution or use in the market of Ukraine in the course of implementation of economic activity;

10) conformity assessment body - the company, organization, the organization or their structural division performing activities for assessment of conformity including testing, certification and inspections;

11) assessment of conformity - process of the proof that the essential requirements for health protection and safety specified in appendix 1, concerning the elevator and component of safety for elevators, are executed;

12) the device for transportation - elevator component where there are people and/or loads in case of rise or lowering;

13) the distributor - any other, than the producer or the importer, physical person or legal entity in safety component supply chain for elevators which provides such component in the market of Ukraine;

14) subjects of managing - the assembler, the producer, the authorized representative the importer and the distributor;

15) the technical specification - the document establishing technical requirements to which there shall correspond the elevator and components of safety for elevators;

16) typical sample of the elevator - representative sample of the elevator which technical documentation determines method of accomplishment of the essential requirements for health protection and safety specified in appendix 1, corresponding to standard sample of the elevator in the set parameters and in which identical components of safety for elevators are used;

17) the authorized representative - any physical or legal лицорезидент Ukraine which receives the written order from the assembler or the producer to be effective from his name concerning the tasks determined in such order.

In this Technical regulation the terms "putting into operation", "the harmonized European standard", "body appointing", "compliance presumption", "appointment", "risk", "technical regulation" are used in the value given in the Law of Ukraine "About technical regulations and assessment of conformity"; the term "inadequate application of mark of conformity to technical regulations" - in the value given in the Law of Ukraine "About the state market supervision and control of non-food products"; the terms "user", "products supply chain", "deliveries of products" - in the value given in the Law of Ukraine "About general safety of non-food products"; the term "national standard" - in the value given in the Law of Ukraine "About standardization".

Free circulation

6. In the territory of Ukraine shall not be prohibited, be limited or interfere with introduction into circulation or operation of elevators or to provision in the market of components of safety for the elevators meeting the requirements of this Technical regulation.

7. Display and/or demonstration of elevators or components of safety for elevators which do not meet the requirements of this Technical regulation during fairs, exhibitions or other similar actions is performed in the presence of visible designation on which it is accurately specified that such elevators or components of safety for elevators cannot be introduced into circulation or are presented in the market before reduction them in compliance with requirements of this Technical regulation. Demonstration of elevators or components of safety for elevators can be carried out only on condition of implementation of proper measures of safety.

8. On condition of fulfillment of requirements of this Technical regulation regulatory legal acts can provide the additional requirements necessary for ensuring protection of people in case of commissioning or use of elevators, except the requirements providing change of design of elevators by method which is not established in this Technical regulation.

Introduction into circulation and operation, provision in the market

9. Elevators to which action of this Technical regulation extends can be introduced into circulation and operation on condition of their compliance to requirements of this Technical regulation, proper installation, maintenance and proper use.

10. Safety components for elevators to which action of this Technical regulation extends can be provided in the market and are put into operation on condition of compliance to requirements of this Technical regulation and proper embedding, maintenance and proper use.

Requirements for health protection and safety

11. Elevators to which action of this Technical regulation extends shall conform to essential requirements for health protection and the safety specified in appendix 1.

12. Safety components for elevators to which action of this Technical regulation extends shall conform to essential requirements for health protection and the safety specified in appendix 1, and to provide compliance to requirements of elevators which they are built in.

Buildings or constructions in which elevators are established

13. Person responsible for construction of the building or construction, and the assembler of the elevator shall provide mutual provision of necessary information, and also acceptance of adequate measures for the purpose of ensuring proper functioning and safe use of the elevator.

14. It is necessary to take all measures for providing that in the elevator shaft any pipelines, electrical wiring or armature, except those which are necessary for work and safety of the elevator were not placed.

Obligations of subjects of managing

Obligations of assemblers

15. In case of introduction of the elevator in the address assemblers shall provide that it was developed, made, established and tested according to the essential requirements for health protection and safety specified in appendix 1.

16. Assemblers shall prepare technical documentation and carry out the proper assessment procedure of compliance specified in Item 53 of this Technical regulation or have results of assessment.

If elevator compliance to applicable essential requirements for health protection and the safety specified in appendix 1, is shown as a result of holding the specified procedure, the assembler shall constitute the declaration of conformity, provide its availability in the accompanying documentation of the elevator and apply on it mark of conformity to technical regulations.

17. The assembler shall store technical documentation, the declaration of conformity and in case of need documents on approval of quality management system within 10 years after introduction into circulation of the elevator.

18. In case of recognition of feasibility of accounting of risks which are constituted by the elevator assemblers for the purpose of protection of health and safety of consumers (users) shall consider their addresses, research the elevators which are not meeting the requirements and to record in case of need such addresses and elevators.

19. Assemblers shall provide availability of designation of type, batch number or serial number or other element on elevators that provides their identification.

20. Assemblers shall specify the name, the registered commercial name or registered trademark (trademark) and the contact postal address on the elevator. The address shall specify the single place in which it is possible to address the assembler. Contact information is given according to the law on procedure for application of languages.

21. Assemblers shall provide maintenance of the elevator with the instructions specified in appendix Item 37 1, constituted according to the law on procedure for application of languages. The specified instructions, and also any markings shall be accurate, clear and obvious.

22. Assemblers who consider or have the reasons to consider that the elevator which they introduced into circulation does not conform to requirements of this Technical regulation, shall take immediately adjusting measures necessary for reduction of the elevator in compliance with requirements of this Technical regulation. If the specified elevator represents risk, assemblers shall report immediately about it to relevant organ of the state market supervision and give it detailed data, in particular about discrepancy of such elevator to requirements of this Technical regulation and any taken adjusting measures.

23. On motivated request of body of the state market supervision assemblers shall provide it all information and documentation (in paper and/or electronic form), necessary for confirmation of conformity of the elevator for requirements of this Technical regulation which is constituted in state language.

Upon the demand of the specified body of the state market supervision assemblers shall cooperate with it concerning any actions which are taken for elimination of risks which make the elevators introduced by them into circulation. Obligations of producers

24. Producers in case of introduction of components of safety for elevators in the address shall provide their development and production according to Item 12 of this Technical regulation.

25. Producers shall prepare necessary technical documentation and carry out the proper assessment procedure of compliance specified in Item 52 of this Technical regulation or already have results of assessment.

If safety component compliance for elevators is shown to applicable essential requirements for health protection and the safety specified in appendix 1, as a result of holding the specified procedure, the producer shall constitute the declaration of conformity, provide its availability in the accompanying documentation of component of safety for elevators and apply on it mark of conformity to technical regulations.

26. Producers shall store technical documentation, the declaration of conformity and in case of need documents on approval of quality management system within 10 years after introduction into circulation of component of safety for elevators.

27. Producers shall provide application of the procedures necessary for maintenance of compliance of serial production to requirements of this Technical regulation. Properly changes in design or characteristics of component of safety for elevators and change in the national standards specified in Item 51 of this Technical regulation, or other technical specifications by the reference to which shall be considered safety component compliance for elevators is declared.

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