Official Gazette Publication Date/Number: 18.11.2008/27058
| Elevator Operation, Maintenance, and Periodic Inspection Regulation Published in the Official Gazette Date/Number: 24.06.2015/29396 Repealed Regulation Article 25 – (1) The Elevator Maintenance and Operation Regulation published in the Official Gazette dated 18/11/2008 and numbered 27058 has been repealed. |
PART 1
Purpose, Scope, Legal Basis, and Definitions
Purpose
Article 1 – (Amended: RG-5/11/2011-28106)
The purpose of this Regulation is to establish the rules to be followed for the operation, maintenance, annual inspection, and control of maintenance and service for elevators used in the transportation of people and/or loads, to ensure their use in a manner that does not pose a threat to the environment, the health, and safety of individuals after being put into service; and to safeguard the environment, human beings, and living beings.
Scope
Article 2 – (1) This Regulation covers elevators installed within the scope of the Elevator Regulation (95/16/EC) published in the Official Gazette dated 31/1/2007 and numbered 26420 and elevators installed before the entry into force of the same Regulation and still in operation.
Legal Basis
Article 3 – (Amended: RG-5/11/2011-28106)
(1) This Regulation has been prepared based on the 2nd and 7th articles of the Law Decree on the Organization and Duties of the Ministry of Science, Industry, and Technology dated 3/6/2011 and numbered 635, and the 19th article of the Law on Consumer Protection numbered 4077 dated 23/2/1995.
Definitions
Article 4 – (Amended: RG-5/11/2011-28106)
(1) In this Regulation;
a) Elevator: a device designed for the transportation of:
b) Elevator Installer: a natural or legal person responsible for the design, manufacture, installation, and market supply of elevators, attaching the CE conformity mark to the elevator and issuing the EC conformity declaration,
c) Market Supply of the Elevator: the elevator installer making the elevator ready for use for the first time for the user,
ç) Type A Inspection Body: an inspection body accredited under the TS EN ISO/IEC 17020 standard, including periodic inspection and examination issues in elevators,
d) EC Conformity Declaration: the document in which the elevator installer declares the conformity of the elevator offered to the market with the provisions of the Elevator Regulation (95/16/EC),
e) Ministry: the Ministry of Science, Industry, and Technology,
f) Maintenance: all procedures carried out by the elevator installer or its authorized service during its design as intended after the elevator is put into service, throughout its service life, to ensure the continuity of its functions and safety requirements,
g) Building Responsible: the owner of the building or the condominium owner(s) or those authorized by them, responsible for regularly maintaining, repairing, and annually inspecting the elevator to ensure its safe operation,
ğ) Service Inspection: the Ministry's inspection of compliance with the conditions specified in this Regulation by the elevator installer or its authorized service providing monthly maintenance and service for elevators,
h) Related Authority: municipalities or, for structures outside the boundaries of municipalities, governorships or other institutions and organizations authorized to issue building permits and occupancy permits within the framework of relevant laws,
ı) Rescue Operation: the work that begins with the receipt of information indicating that a person or people are trapped inside the elevator, carried out in accordance with the rescue instructions in the technical file of the elevator, and results in the release of the person or people,
i) Authorized Engineer: Electrical/Electronic and Mechanical Engineers certified by the Union of Chambers of Turkish Engineers and Architects in terms of professional competence in projects, installation, maintenance, repairs, standards, and regulations related to elevators,
j) Authorized Service: a real or legal person with TSE Service Competence Certificate, established by the elevator installer, authorizing its own service station or a real or legal person with TSE Service Competence Certificate authorized every two years with a contract renewed in the presence of a notary to carry out monthly maintenance and service for elevators on its behalf,
k) Annual Inspection: periodic control to be carried out by the building responsible at least once a year, starting from the date the elevator is offered to the market, to determine that the elevator operates safely and is suitable for operation.
PART 2
Registration of Elevators
Registration of Elevators
Article 5 – (Amended: RG-5/11/2011-28106)
(1) Procedures related to the compliance of the elevator with the structure in which it is installed are carried out by the relevant authority in accordance with the Urban Planning Law dated 3/5/1985 and numbered 3194 and other relevant laws and regulations in force within the scope of these laws.
(2) Every elevator that is offered to the market in accordance with the Elevator Regulation (95/16/EC) and will be put into service for the user must be registered with the relevant authority by the elevator installer. The elevator installer applies to the relevant authority with the EC conformity declaration of the elevator and receives the approved registration certificate prepared in accordance with the content in Appendix I.
(3) Notifications of registrations made by the relevant authority are made to the Directorate of Science, Industry, and Technology in the province where the elevator is located in accordance with the notification table in Appendix II every six months.
PART 3
Maintenance of Elevators, Scope of Maintenance, and Other Matters Related to Maintenance
Maintenance
Article 6 – *(1) During the use of elevators within the scope of this Regulation, to ensure continuous control for the protection of life and property;
a) The elevator installer or its authorized service must provide monthly maintenance and service for the installed elevator during the warranty period. During the warranty period, it is mandatory to conclude a monthly maintenance and service contract between the building responsible and the elevator installer or its authorized service.
b) After the expiration of the warranty period, the building responsible must conclude a monthly maintenance and service contract with the elevator installer or its authorized service, or another elevator installer or its authorized service.
c) The authorized service contract to be made between the elevator installer and its authorized service includes only maintenance and service issues, except for installation and revision.
ç) The elevator installer must provide, without delay and under normal market conditions, all spare parts for every type and feature of elevator it has installed for a period of 10 (ten) years and, if requested by another elevator installer or its authorized service or the building responsible, for the monthly maintenance and service of the elevator installed by itself, in addition to spare parts, other equipment and information that ensures the provision of maintenance services, with the reservation of commercial secrets containing its own knowledge and skill. If the elevator installer has used various devices and encryption methods to prevent intervention in the elevator, it must provide all the necessary information and facilities for the person to intervene in the elevator.
Scope of Maintenance
Article 7 – *(1) To ensure the continuity of life and property safety; maintenance of the elevator and all its components must be carried out according to the instructions in the maintenance and operation manuals.
a) Maintenance includes:
b) Maintenance does not include:
Other Matters Related to Maintenance
Article 8 – *(1) Other matters related to maintenance are specified below.
a) The elevator maintenance log provided by the maintenance company is reviewed by officials during inspections. This log is kept permanently either in the machine room of the elevator or by the building responsible. After each maintenance, all procedures related to elevator maintenance are recorded in the elevator maintenance log. A copy of the records to be entered into the log will be kept by the maintenance company.
b) Maintenance companies will carry out elevator maintenance in accordance with this Regulation and, if the elevator poses a risk to life and property safety, inform the building responsible in writing. After the notification, the building responsible will ensure that the elevator is made suitable for use. If the non-compliance is not corrected despite the written warning from the maintenance company, the responsibility will belong to the building responsible.
c) The company undertaking maintenance will prepare a detailed situation analysis report for the relevant elevator after the maintenance contract is signed and will provide it to the building responsible.
ç) The company conducting maintenance will provide all necessary information to the relevant parties upon request regarding the condition of the elevator it maintains.
d) The company conducting maintenance must provide training on rescue operations in emergency situations to the number of people determined by the building responsible, considering the number of elevators, and record this training with a report. In addition, instructions regarding rescue operations will be kept in places where those who will perform the rescue operations can easily see them. The building responsible will ensure that new personnel receive training if there is a change in the personnel who received training.
e) Changes to the elevator covered in subparagraphs (b) (1), (2), and (3) of Article 7 of this Regulation, which are not considered as maintenance work, must be carried out by any elevator installer.
f) During elevator maintenance, current standards related to maintenance should be taken into account.
g) Matters contrary to this Regulation cannot be included in maintenance contracts.
PART 4
Building Responsible and Annual Inspection
Building Responsible
Article 9 – (Amended: RG-5/11/2011-28106)
(1) The building responsible is responsible for ensuring that the elevator operates safely in compliance with the rules of this Regulation by regularly having maintenance performed at least once a month and by conducting the first annual inspection to prevent dangers that may arise from usage errors or external interventions for the full safety of users' lives and property. The annual inspection is carried out at least once a year, first at the end of the year in which the elevator is offered to the market, and then annually.
Annual Inspection
Article 10 – (Amended: RG-5/11/2011-28106)
(1) The annual inspection of each elevator, at least once a year, starting from the end of the first year from the date it is offered to the market, is carried out by the relevant authority of the province where the structure is located, through a Type A inspection organization.
(2) In the stage of determining the Type A inspection organization for the conduct of annual inspection activities, necessary announcements are made by the relevant authority of the province where the structure is located, and applications are received.
(3) The adequacy of the Type A inspection organization is examined by taking into account criteria such as the scope of accreditation it has, the suitability of professional liability insurance arranged to cover periodic inspections and examinations, the number of full-time inspection managers and inspection personnel employed, the periodic inspection fee, and the general condition of the equipment kept ready for use in periodic inspections, based on the applications received by the relevant authority.
(4) With the assignment agreement to be signed between the Type A inspection organization and the relevant authority, authorization is granted to the Type A inspection organization for the annual inspection of elevators, and necessary announcements are made to the public.
(5) Throughout the term specified in the protocol to be signed between the Type A inspection organization and the relevant authority, the continuity of accreditation and professional liability insurance of the Type A inspection organization is ensured.
(6) In case of non-maintenance of professional liability insurance, suspension or cancellation of accreditation, the authorization of the Type A inspection organization is terminated by the relevant authority, and necessary announcements are made.
(7) The responsibility for monitoring the preparation of the annual inspection report and covering the annual inspection fee lies with the building responsible in the structure where the elevator is located.
(8) The annual inspection fee to be requested from the building responsible within the scope of annual inspection activities is determined and announced by the relevant authority.
(9) The annual inspection is carried out under the supervision of the elevator installer or its authorized service that undertakes the maintenance.
(10) Compensation for damages that may occur in the elevator during the annual inspection is covered by the professional liability insurance of the Type A inspection organization.
(11) The inspection report provided by the Type A inspection organization is prepared in triplicate and is kept in the relevant authority, the maintenance company, and the building responsible.
(12) If the elevator is not allowed to undergo an annual inspection by the building responsible, the Type A inspection organization informs the relevant authority of the province where the structure is located, and it is ensured that the elevator is taken out of service until the annual inspection is carried out.
(13) In the event that a danger arises in the operation of the elevator during the annual inspection, permission for the elevator's operation is not granted until the safety of life and property is ensured. However, the building responsible is responsible for operating the elevator.
(14) The relevant authority is responsible for monitoring whether the annual inspection has been carried out or not.
(15) After an accident that may occur in the elevator, the annual inspection is repeated.
(16) Statistical information regarding the annual inspection activities is recorded by the relevant authority and kept open to the Ministry.
PART 5
Miscellaneous and Final Provisions
Penalties for Violations
Article 11 – (Amended: RG-5/11/2011-28106)
(1) Those who act against the service-related aspects of this Regulation are subject to the Consumer Protection Law, and in cases where the parties are not covered by this Law, general provisions apply.
(2) Elevators that are not allowed to be inspected by the building responsible during annual inspection activities, or whose inspection cannot be carried out due to the refusal of the elevator installer or its authorized service to oversee, or whose necessary correction activities have not been carried out as a result of the inspection, are taken out of service by the relevant authority of the province where the structure is located until the annual inspection is carried out or the necessary correction activities are completed.
Revoked Provisions
Article 12 – (1) Articles 14 to 26 of the Elevator Regulation (95/16/AT), published in the Official Gazette dated 15/2/2003 and numbered 25021, are revoked.
Service Inspection
ADDITIONAL ARTICLE 1 – (Added: RG-5/11/2011-28106)
(1) Inspection of whether the elevator installer or its authorized service, providing monthly maintenance and service for elevators, offers services in compliance with the minimum conditions specified in this Regulation is carried out by the Ministry.
After-Sales Services
ADDITIONAL ARTICLE 2 – (Added: RG-5/11/2011-28106)
(1) In accordance with the Regulation on After-Sales Services of Industrial Products published in the Official Gazette dated 14/6/2003 and numbered 25138, the elevator installer applies to the Ministry of Customs and Trade for an approved After-Sales Service Competence Certificate.
(2) To ensure that after-sales services for elevators offered to the market can be carried out, at least one service station is established by the elevator installer in accordance with the minimum criteria determined by the Ministry in this Regulation and the features specified in the standards determined by the Turkish Standards Institute.
(3) The elevator installer is obliged to provide maintenance and service by keeping adequate technical personnel and spare parts stock for each elevator it installs for the duration of its 10-year service life.
Warranty Certificate
ADDITIONAL ARTICLE 3 – (Added: RG-5/11/2011-28106)
(1) Every elevator offered to the market by the elevator installer in accordance with the Elevator Regulation (95/16/AT) is guaranteed for a period of two years from the date it is offered to the market.
(2) In accordance with the Regulation on the Principles of Implementation of the Warranty Certificate published in the Official Gazette dated 14/6/2003 and numbered 25138, the elevator installer applies to the Ministry of Customs and Trade for an approved warranty certificate.
(3) As a result of monthly maintenance, any component or part of the elevator that will be replaced by the elevator installer or its authorized service is guaranteed for a period of not less than one year.
Transitional Provision
TEMPORARY ARTICLE 1 – (1) Until 1/1/2012, the annual inspection of each elevator, at least once a year, starting from the end of the first year from the date it is offered to the market, is carried out by the relevant authority of the province where the structure is located. However, if the relevant authority does not have a sufficient number of Electrical/Electronic and Mechanical Engineers in its staff, it can have the annual inspection done by authorized engineers who have not been involved in the construction of that elevator. A report is prepared in at least three copies regarding whether there is any obstacle to the operation of the facility in terms of life and property safety. One copy of the prepared report is kept in the relevant authority, the maintenance company, and the building responsible.
Effectiveness
Article 13 – (1) This Regulation enters into force six months after its publication.
Execution
Article 14 – (1) The provisions of this Regulation are executed by the Minister of Industry and Trade.
