As is now known, in Italy there is a very high number of elevators, over one million, which make about 100 million rides every day.In the world rankings, the country monster only follows China, while at European level it alone represents 20% of the systems installed.Even the Made in Italy of the sector represents a real flagship, with a turnover of 2.3 billion euros and a positive trade balance with foreign countries of over 630 million .N impressive figures , which allow Italy to contend with China and Germany the global leadership of the elevator sector . On the other side of the scale, however, it is necessary to consider the problems given by the fact that many plants located along the peninsula, over 60% based on statistics, are very dated and, in some cases, obsolete.The result is therefore a high number of accidents, sometimes even fatal, to avoid which it would be necessary to respect the directives issued by the EU regarding safety, starting from the Lift Directive 33 issued in 2014. In particular the European Commission, through the table the Lifts technicianWorking Group, has repeatedly urged Member States to put in place a imento cens of its elevators park, equipping itself tothewhile a tense register to summarize and make available data about every single lift installed to whoever is interested. The Italian government, however, has always preferred not to combine these provisions in its legislation, showing itself reluctant even to any intervention aimed at obliging the replacement of the older elevators requested by the sector associations, also because doing so would entail additional costs for families in a moment still very delicate from an economic point of view. According to experts, the launch of a national database of lift facilities couldricadu you have positive operationally, because their c onoscendo the origin and history of each lift, it would be possible not only to monitor them, but also get to predict certain failuresand plan the actions of intervening on older plants accordingly.
What happens if the lift has not been tested?
Of course, before operating a lift inside a condominium or in any case a building open to the public, it must be tested, or verify thepresence of the registration book.The serial number must be considered in the same way as the license plate of the car: when the license plate is missing the vehicle cannot travel on the road and, in the same way, if there is no serial number the lift cannot be put into operation. To the senses of the art.19, paragraph 3 of Presidential Decree no.162, all the tests had to be transmitted by 09/30/2002.Many plants, however, have never been registered and today, after so many years, they are still abusive.Precisely for this reason it is useful to ask a question: what are the duties and responsibilitiesof the condominium administrators? First of all we must remember as the administrator, pursuant to art.1 DM 108/09, as legal representative pro-tempore of the condominium, is directly responsible for the elevator.Article 5 of the same decree specifies its responsibility for the correct execution of the lift adjustment interventions, in the terms established by the same Decree and in compliance with the technical executions envisaged by the risk analysis or by those indicated by the norm of good technique.In practice, it is obliged to guarantee the efficiency of the lift, for which it is also responsible by signinga maintenance contract, with a qualified company responsible for verifying the functionality of some parts subject to wear in the same plant, as prescribed by Directive C E 95/16 / EC and as confirmed by a judgment of the Court of Cassation issued on 21 July 1979 and registered with the number 4385. Again the Cassation, with the sentence 5741 issued on 10 March 2009, states that for the purposes of the attribution of the responsibility provided for by art.2051 of the Civil Code ., It is necessary and sufficient for the judicial authority to proceed with a relationship between the thing in custody and the harmful event, unless it is provena fortuit or case . It is always the Civil Code, with the former article 2051 that specifies how the administrator is the custodian under the law of the lift and therefore responsible for the damage that it may getwhere accidents occur.A burden to which criminal liability could also be added pursuant to Article 40 of the Criminal Code.In this case his responsibility would be to not have activated to prevent a predictable event .Therefore the administrator is obliged to take action for the conservative acts that refer to the common good mentioned by the art.1130 paragraph 1 no.4 of the Civil Code , or the periodic checks required by law and the elimination of any inconveniences such as to limit the safety of the installation, up tobeing able to prohibit and inhibit it and use it in case of obvious danger. The ‘administrator must result of what has been said up to now keep these operating unit registration system in order to make it available for the ordinary and extraordinary audits, supported by Annexes (EC declaration of conformity, the communication of the commissioning of the plant and relative communication of the Municipality, original minutes of the periodic and extraordinary verifications and results of the checks and competence of the maintenance operator).When the administrator is appointed must so first thing is to request the registration book of the elevator to its predecessor, as part of the handover.
What happens if the lift book is missing?
If the lift booklet does not appear in the condominium records, the new administrator mustcertainly ask the plant maintenance firm .In the event that the maintenance technician is not able to do so, he must go to the regional agency for environmental protection of the territory (Arpa) , the office responsible for preserving the booklets, in order to obtain a certified copy .If even in this case it is possible to provide the administrator must immediately notify the municipality that for its part,in the event that it is a plant marketed and / or installed before 1999, and not in possession of the test certificate pursuant to art.19 of Presidential Decree 162/99, arranges for the installation to be stopped . At this point the administrator must request the test without the guaranteeAssembly of the condominium, as not fulfilling ndo to a legal obligation would exposeto any complaints and could even be sued for damages by a condominium .The obligation to call the condominium meeting exists only in the event that, in the face of the negative outcome of the test, it is necessary to allocate an extraordinary cost for the purpose of adapting the lift to the regulations in force.
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