228. Regulation of the Federal Minister for Science, Research and Economy, amending the Regulation on the safe operation and the change of lifting equipment (Hebeanlagen-Betriebsverordnung 2009, HBV 2009)

Pursuant to § § 69 (1) and (71) (3) to (6) of the Commercial Code of 1994, BGBl. N ° 194, as last amended by the Federal Law BGBl. I No 125/2013, shall be arranged:

The regulation of the Federal Minister for Economic Affairs, Family and Youth on the safe operation and the change of lifting systems (Hebeanlagen-Betriebsverordnung 2009, HBV 2009), BGBl. II No 210/2009, as last amended by the BGBl Regulation. II No 475/2013, shall be amended as follows:

1. § 4 (4) reads:

" (4) The inspection body shall issue an inspection report (findings) on the regular inspection and a note in the elevator book or to the asset book. The inspection body must include defects or infestation in the inspection report (findings) and into the elevator register or the inspection report. to the asset book and to set a deadline for their removal. A copy of the inspection report (findings) shall be submitted to the operator by deposit in the elevator book or Bring asset book to the knowledge. In the event that an elevator or asset book is not available, the operator shall be informed in a different way. "

2. Section 4 (5) is deleted.

3. § 4 (7) shall be deleted.

4. § 6 reads:

" Operational Control

§ 6. (1) In the case of lifts and lifting equipment for persons, the operator must check that:

1.		the load carrier cannot be started as long as a shaft door or a door is open on the load carrier (car door, load carrier door),
2.		A shaft door cannot be opened as long as the load carrier is located outside the unlocking zone of the door,
3.		the usual holding accuracy is present in the stops,
4.		the emergency call facility and/or the voice call function is operational,
5.		the emergency brake switch in the load carrier and/or the command transmitter for re-opening the doors and/or the protection device for the reversal of the door closing movement are effective,
6.		the lighting in the load carrier and in the shaft entrants works,
7.		the manhole remitting and the shaft doors are not damaged,
8.		there are no damage to the floor in front of the door entrants and in the load carrier,
9.		in the case of a load-bearing opening without doors on the shaft wall along the path of the door-free load-bearing opening, there are no damage to the load and, if necessary, moving thresholds, light barriers or light grids are functional,
10.		the user notes are readable and up-to-date.

(2) In the case of an inclined staircase, the operator shall check that:

1.		at the access and exits free spaces are available as storage spaces and there is no risk of stumbling or fall,
2.		there are no conditions in the immediate vicinity for the users,
3.		the usual holding accuracy is present in the stops,
4.		the lighting works on the access points,
5.		the emergency shutdown devices are functioning,
6.		the user notes are readable and up-to-date.

(3) In the case of accessible and non-accessible freight elevators, including small-goods elevators, the operator must check that:

1.		the load carrier cannot be moved, as long as a shaft door or door is open on the load carrier (car door, load carrier door),
2.		A shaft door cannot be opened as long as the load carrier is located outside the unlocking zone of the door,
3.		the usual holding accuracy is present in the stops,
4.		the lighting in the shaft entrants and in the case of accessible freight elevators also works in the load carrier,
5.		the manhole remitting and the shaft doors are not damaged,
6.		there are no damage to the floor in front of the shaft entrants and in the load carrier, which is not intended for users,
7.		the user notes are readable and up-to-date.

(4) In the case of escalators and escalators, the operator must check that:

1.		at the access and exits free spaces are available as storage spaces and there is no risk of stumbling or fall,
2.		there are no conditions in the immediate vicinity for the users,
3.		the lighting works,
4.		the balustrades, steps or pallets and comb fences are not damaged,
5.		the handrails do not have any dangerous damage and are properly circumscued,
6.		the emergency shutdown devices are functioning,
7.		the user notes are readable and up-to-date.

(5) In the case of lifting tables, the operator shall check that:

1.		at the access and exits free spaces are available as storage spaces and there is no risk of stumbling or fall,
2.		there are no conditions in the immediate vicinity for the users,
3.		the usual holding accuracy is present in the stops,
4.		the lighting works on the access points,
5.		the emergency shutdown devices are functioning,
6.		the user notes are readable and up-to-date.

(6) In addition to the checks provided for in paragraphs 1 to 5, those checks shall also be carried out which are also provided for in the operating instructions.

(7) If the operational control has been shown to be in accordance with the relevant provisions of Annex XIV of the MSV 2010 (until the entry into force of Annex 3 of the MSV, BGBl. 306/1994) and/or the harmonised European standards set out in Annex XVI to the ASV 2008, and in the absence thereof, in accordance with the relevant standards referred to in Annex XVII of ASV 2008 or in Annex 2 to this Regulation; and the technical specifications shall be deemed to have been carried out in full in organisational, methodological and factual terms. "

5. § 8 (1) reads:

"The operator shall ensure that the appropriate measures to remedy the situation are set in the case of perceived defects or infirmaries."

6. § 8 (3) reads:

"(3) Accidents and exceptional incidents shall be reported immediately to the Authority and to the inspection body."

7. § 9 (1) (4) deleted.

8. § 11 (1) reads:

" (1) The operator of a lifting system shall ensure that persons included in lifts or in lifting equipment for persons are immediately exempted. The person responsible for the exemption shall be familiar with the operation of the lifting equipment "

9. § 11 para. 2 reads:

"The liberation measure has to start 30 minutes after the emergency call has been issued."

10. § 11 para. 3 1. The record is:

"In the case of lifts or lifting equipment for persons, there shall be uninterrupted communication between the persons employed by the liberation measure and the persons involved, in both directions."

11. § 12 (2).

12. § 13 deleted.

13. § 14 (1) deleted.

14. § 14 shall be entitled to the following heading:

"Verification of remote monitoring systems"

15. § 14 (2) reads:

"If there is a remote monitoring system, its technical facilities must be provided by one in the field" lifts and safety components for elevators " according to the Accreditation Act, BGBl. I No 28/2012, an accredited testing body must have been issued with a certificate of aptitude for this purpose. After each modification of the technical equipment of the remote monitoring system and at any rate at the latest after five years, a new inspection and certification shall be carried out. The certificate of suitability or the corresponding authorisation for the remote monitoring system shall be the reference to the lift-up book or to the publication of the booklet. "

16. § 14 (3) deleted.

17. § 14 (4) deleted.

Mitterlehner