Elevator Regulation 2017 published

Elevator Regulation 2017:
WEDNESDAY, 29 June 2016
Official Gazette
Number: 29757

REGULATION

From the Ministry of Science, Industry and Technology:
ELEVATOR REGULATION (2014/33/EU)
PART ONE
Purpose, Scope, Basis and Definitions
Purpose
ARTICLE 1 – (1) The purpose of this Regulation is to determine the basic health and safety requirements that elevators and elevator safety components must meet, the market supply conditions for these products and the principles of market surveillance and inspection.
Scope
ARTICLE 2 – (1) This Regulation;
a) Elevators that are permanently in service in buildings and construction sites and are intended to carry only loads in cases where people, people and loads or a person can enter the carrier without difficulty and the carrier is equipped with controls within the reach of the person inside and can be reached,

b) Elevator safety components used in elevators referred to in subparagraph (a) of the first paragraph and listed in Annex III,

(2) This Regulation covers; a) Lifting devices with a speed not exceeding 0.15 m/s,
b) Lifting devices installed on construction sites,
c) Cable transport installations including funiculars,
ç) Elevators specially designed and constructed for military or police purposes,
d) Lifting devices on which work can be done,
e) Mine cranes,
f) Lifting devices for lifting artists during artistic performances,
g) Lifting devices mounted on vehicles,
ğ) Lifting devices designed solely for access to work stations, including maintenance and inspection points on machines,
h) Trains operating on gear rails,
ı) Escalators and mechanical walking bands,

(3) If all or part of the risks referred to in this Regulation regarding elevators or elevator safety components fall within the scope of other relevant legislation provisions, the provisions of this Regulation shall not be applied or their application shall be suspended.
Basis
ARTICLE 3 – (1) This Regulation has been prepared based on the Law No. 4703 on the Preparation and Implementation of Technical Legislation Relating to Products, dated 29/6/2001.

Compliance with European Union legislation
ARTICLE 4 – (1) This Regulation has been prepared within the framework of compliance with European Union legislation, based on Directive 2014/33/EU of the European Parliament and of the Council, dated 26/2/2014, on the Harmonization of the Laws of the Member States Relating to Lifts and Safety Components of Lifts.

Definitions
ARTICLE 5 – (1) The terms used in this Regulation;
a) EU: The European Union,
b) Accreditation: The official acceptance by the national accreditation body that a conformity assessment body meets the requirements set by the relevant harmonized standards and, where applicable, the additional requirements foreseen in the relevant sectoral regulations in order to carry out a specific conformity assessment activity,
c) Elevator: A lifting device with a carrier that serves certain levels and moves along guides that are inflexible and have an angle of more than 15 degrees to the horizontal, or a lifting device that moves on a fixed travel path, but not on inflexible guides,
ç) Elevator assembler: The natural or legal person responsible for the design, manufacture, assembly and placing on the market of the elevator,
d) Ministry: The Ministry of Science, Industry and Technology,
e) “CE” mark: The mark affixed by the elevator assembler or manufacturer, indicating that the elevator or elevator safety component complies with the essential health and safety requirements of this Regulation,
f) Distributor: The natural or legal person, other than the manufacturer or importer, who places the elevator safety component in the supply chain and makes it available on the market person,
g) Recall: Measure taken for the purpose of dismantling and safely destroying the elevator or the measure aimed at returning the elevator safety component that has already reached the elevator installer or end user,
ğ) Economic operator: The elevator installer, manufacturer, authorized representative, importer and distributor,
h) Manufacturer: The natural or legal person who manufactures elevator safety components or has designed or manufactured elevator safety components and markets them under its own name or trademark,
ı) Importer: The natural or legal person established in Turkey who imports elevator safety components from abroad and places them on the market,
i) Commission: The European Commission,
j) Model elevator: A representative elevator in which elevator safety components that meet the essential health and safety requirements in Annex I, are used and are shown in the technical file, and are compatible with the model elevator described according to objective parameters,
k) Placing on the market: The first time the elevator safety component is made available on the market or the use of the elevator for a fee or free of charge within the scope of commercial or public activities

l) Making available on the market: Providing the elevator safety equipment to the market for distribution or use, whether free of charge or with a fee, through a commercial activity,

m) P

withdrawal from the market: Any measure taken to prevent an elevator safety component in the supply chain from being available on the market,
n) Carrier: The section of the elevator where people and/or loads are carried for the purpose of lifting or lowering,
o) Technical specification: The document defining the technical requirements that must be met for the elevator or elevator safety component,
ö) TÜRKAK: Turkish Accreditation Agency,
p) Conformity assessment: The process defining whether the elevator or elevator safety component within the scope of this Regulation meets the essential health and safety requirements,
r) Conformity assessment body: The organization that carries out conformity assessment activities, including calibration, testing, inspection and certification,
s) Harmonized standard: A European standard adopted upon the request of the Commission in order to implement harmonized European Union legislation,
ş) Member state: A member state of the European Union,
t) Authorized representative: A natural or legal person established in Turkey authorized by the manufacturer or installer of the elevator to undertake certain tasks on its behalf by written contract,

CHAPTER TWO
Free Movement, Placing on the Market, Keeping on the Market and
Putting into Service, Basic Health and Safety Requirements and
Buildings and Constructions Where Elevators Are Installed
Free Movement
ARTICLE 6 – (1) The Ministry shall not prohibit, restrict or prevent the placing on the market, putting into service or making available on the market elevators that comply with this Regulation.

(2) In the event that a visible sign clearly indicates at fairs, exhibitions or promotions that elevators or elevator safety components do not comply with this Regulation and cannot be put up for sale until they are brought into compliance, the Ministry shall not prevent the display of elevators or elevator safety components that do not comply with the provisions of this Regulation. During promotion, adequate security measures shall be taken to protect persons.
(3) This Regulation does not prevent the Ministry from making other necessary legal arrangements to ensure the protection of persons in the event of a problem with the elevators when they are put into service or used, provided that they are in compliance with other relevant legislation and do not mean that the elevators are changed in a manner not specified in this Regulation.
Putting on the market, keeping on the market and putting into service
ARTICLE 7 – (1) The Ministry shall take all necessary measures to ensure that only elevators that are assembled, maintained or used in accordance with their purpose in accordance with this Regulation can be put on the market and put into service within the scope of this Regulation.
(2) The Ministry shall take measures to ensure that only elevator safety components that are assembled, maintained and used in accordance with the provisions of this Regulation are kept on the market and put into service.
Basic health and safety requirements
ARTICLE 8 – (1) Elevators within the scope of this Regulation meet the basic health and safety requirements in Annex-I.
(2) Elevator safety components within the scope of this Regulation shall meet the basic health and safety requirements in Annex-I and ensure that the elevator it is assembled with meets the said requirements.
Buildings and constructions where the elevator is installed
ARTICLE 9 – (1) The Ministry shall take all measures to ensure that the person responsible for the work or construction in the building and the elevator installer take appropriate measures and provide the necessary information to each other in order to ensure the proper operation and safe use of the elevator installed in the building or construction within the scope of this Regulation.
(2) The Ministry shall take all necessary measures to ensure that the elevator shaft does not contain any pipework, wire system or equipment other than the basic health and safety requirements for the operation and safety of elevators.
CHAPTER THREE
Obligations of Economic Operators
Obligations of the elevator installer
ARTICLE 10 – (1) The elevator installer shall ensure that the elevator is designed, manufactured, assembled and tested in accordance with the basic health and safety requirements in Annex-I when it is placed on the market.
(2) The elevator installer shall prepare the technical file and carry out the conformity assessment process specified in Article 19 or have it carried out. If the elevator installer proves through the conformity assessment process that the elevator meets the applicable essential health and safety requirements specified in this Regulation, he shall prepare the EU declaration of conformity and ensure that it accompanies the elevator and affix the "CE" mark.

(3) The elevator installer shall keep the technical file of the elevator, the EU declaration of conformity and, where applicable, the approved decision or approved decisions for ten years from the date the elevator is placed on the market.

(4) In the event that the elevator poses a risk, the elevator installer shall investigate the risk in order to protect the health and safety of users and, if deemed appropriate, keep records of non-conformities and complaints regarding the elevator.

(5) The elevator installer shall determine the type, batch