Executive order regarding the alteration and major repair of lifts etc.
Executive order No. 677 of 27 June 2008 on Regarding the alteration and major repair of lifts etc. of the Danish Working Environment Authority - unofficial version
In accordance with Sections 46, 73, 74, 84 and 86 of the Health and Safety at Work Act, cf. Order No. 268 of 18 March 2005, as amended by Act No. 300 of 19 April 2006, as well as following authorization according to Section 73 of the Act, the following provisions shall apply:
Chapter 1 - Area and definitions
Section 1. The Order includes the alteration and major repair of passenger lifts and passenger goods lifts, builder's hoists intended for lifting persons and theatre elevators.
Section 2. For the purposes of this Order, the following definitions shall apply:
- Lift: An appliance serving specific levels, having a car moving along guides which are rigid and inclined at an angle of more than 15 degrees to the horizontal and intended for the transport of:
b) persons and goods
c) goods alone if the car is accessible, that is to say, a person may enter it without difficulty, and fitted with controls situated inside the car or within reach of a person inside.
- Car: The part of the lift which carries persons or goods that need to be lifted or lowered.
- Safety component:
a) devices for locking landing doors
b) devices to prevent the car from falling or unchecked upward movements
c) speed limitation devices
d) energy-accumulating shock absorbers, either of a non-linear type or with damping of the return movements, and energy-dissipating shock absorbers
e) safety devices fitted to jacks of hydraulic power circuits where these are used as devices to prevent falls
f) electric safety devices in the form of safety switches containing electronic components.
- Builder's hoists intended for lifting persons: a temporarily installed lift used to transport persons and goods on a construction site.
- Testing institution: A third party body accredited to perform verifications under Chapter 3 of the Order and which meets the requirements of Annex 1.
- Alteration and major repair: Change in payload, rated speed, dead weight of the car, lift height, replacement of control system, parachute system, car hanger, car and bar as well as replacement of latch system with automatic anti-crawl system etc.
Chapter 2 - General rules
Section 3. Alteration and major repair of lifts etc. must be done responsibly and in a safe and healthy manner in accordance with the technical requirements and the requirements for verification in this Order, the requirements in the Order on the designing of technical devices as well as the requirements in the Order on the use of technical devices.
Section 4. The Alteration and major repair of lifts must be carried out according to supplier instructions, unless otherwise required by the provisions of the Health and Safety at Work Act.
Section 5. When undertaking alternations and major repairs of lifts etc., the person responsible for the building and the installer of the lift must exchange the necessary information as well as take the prerequisite measures in order to ensure the continual correct functioning of the lift etc. and to guarantee that the latter may continue to be used safely.
Section 6. Alteration and major repair must be conducted with appropriate regard for the original installation of the lift.
Section 7. When replacing safety components with components that are not identical, suitable components set out in Annex 1 and Annex 2 of the Order on the designing of lifts must be used.
Section 8. Alteration and major repair of passenger lifts and passenger goods lifts must be conducted in accordance with the guidelines set out in Annex 2.
Chapter 3 - Verification
Section 9. Before using the lift etc. after alteration or major repair, the technical documentation must be presented before a testing institution for verification, cf. Section 2, No. 5.
Subsection 2. Documentation equivalent to the technical documentation mentioned in the unit verification (module G) in Annex X of Directive 95/16/EC (the Lifts Directive) of the European Parliament and of the Council, cf. Annex 1 to the Order on the designing of lifts, must be attached to the application for verification.
Subsection 3. Subsection 2 does not apply to builder's hoists intended for lifting persons and to theatre elevators.
Section 10. The construction and production of the lift must be examined, cf. Section 9, for consistency with the rules of Chapter 2, including in particular that:
1. the technical documentation must be examined,
2. the materials used, including safety equipment, must be evaluated and
3. a final verification of the equipment must be carried out.
Subsection 2. If the provisions of Chapter 2 have been met, the testing institution will issue a verification certificate with traceability for the lift etc., and the lift's service book must be hallmarked with the logo of the testing institution and the year of the verification.
Subsection 3. The certification can be given on terms justified in the lift's special construction, production or intended use.
Chapter 4 - Dispensation
Section 11. In individual cases, the Danish Working Environment Authority may allow deviations from this Order, if this is found to be otherwise reasonable and secure due to special construction, production, use-related or other special circumstances of the lift.
Chapter 5 - Access to justice and penalty
Section 12. Decisions made by the Danish Working Environment Authority under this Order may be appealed according to Section 81 in the Health and Safety at Work Act.
Section 13. Unless a greater penalty is warranted under the Health and Safety at Work Act or other legislation, a fine or imprisonment for up till 2 years will be incurred by persons who:
1. violate Sections 4-9
2. fail to comply with injunctions or prohibitions announced pursuant to the provisions of this Order, or
3. ignore conditions for permits announced in the provisions of the Order.
Subsection 2. Companies etc. (legal persons) are liable to be punished in accordance with the rules in Chapter 5 of the Penal Code.
Chapter 6 - Rules of entry into force and transitional rules
Entry into force
Section 14. The Order shall enter into force on 29 June 2008, cf. however to subsection 2 and subsection 3.
Subsection 2. Lifts etc. that were in use before 29 June 2008 and complied with the rules that existed before the entry into force of the Order, may not be required to be changed, approved or controlled according to the provisions of this Order, unless the lifts are undergoing alteration or major repair.
Subsection 3. Lifts etc. where an order for alteration or major repair has been placed before the entry into force of the Order are exempt from the requirement in subsection 2, provided the work is finished before 1 January 2009.
Section 15. Until 1 October 2009 the Danish Working Environment Authority may carry out tasks pursuant to Section 9.
Subsection 2. The Danish Working Environment Authority shall charge a fee for the time it spends on processing the applications for verification. This shall apply even if a refusal is issued or the application is withdrawn.
Subsection 3. The fee amounts to DKK 910 per hour and is based on long term average expenses. For each started half hour will be charged half the hourly fee.
Subsection 4. This fee may be increased due to expenses for an external consultant which the Danish Working Environment Authority may incur in connection with the processing an application.
Subsection 5. If the fee is not paid on time, interest in the amount of 1.5% for each month of delay from the due date will be charged.
Subsection 6. The Danish Working Environment Authority is entitled to lien for the non-payment of the fee.
Subsection 7. If an applicant has failed to pay the charge of this Order despite repeated notices, the Danish Working Environment Authority will transfer the collection responsibility to the Tax Authority.
The Danish Working Environment Authority 27 June 2008
Lis Gamborg/Sonja Ploug Jensen