LAW NO. 20,296 ESTABLISHES PROVISIONS FOR THE INSTALLATION, MAINTENANCE AND PERIODIC INSPECTION OF LIFTS AND OTHER SIMILAR FACILITIES Having present that the National Congress has given its approval to the following Bill: Article 1.-Introduces in the decree with force of Law No. 458, 1975, of the Ministry of Housing and Urbanism, which fixes the text of the General Law of Urbanism and Constructions, the following article 159 bis, new: " Article 159 bis.-The lifts, both vertical as inclined or funicular, forklift and escalators or mechanical ramps, which is They must be installed and maintained in accordance with the technical specifications of their manufacturers and the provisions which the General Ordinance of Urbanism and Constructions shall determine. The owners will be responsible for the maintenance, who will have to conclude the corresponding contracts. The installation and maintenance of the lifts, both vertical and inclined or funicular, forklift and escalators or mechanical ramps, must be executed by installers and maintainers that have an existing registration in a register that The Ministry of Housing and Urbanism will take effect. The Ministry may entrust the register to the entity called "Institute of Construction", whose legal personality is granted by supreme decree Nº 1.115, 1996, the Ministry of Justice or other public or private entities, enabled for that purpose. The owners must also certify, by means of a certificate issued by a certification body registered in the relevant category of the register referred to in the previous paragraph, that the lifts, both vertical and inclined or funicular, forklift and escalators or mechanical ramps, have been adequately maintained and are in a position to continue to operate. The terms and conditions of the certification and the contents of the certificate shall be established in the General Ordinance of Urbanism and Constructions according to the capacity of transport of the installation and the destination of the buildings. In the installation, maintenance and certification, compliance with the Chilean technical standards in force must be observed. Those rules shall be continuously updated. The certifications referred to in the preceding paragraph shall be placed in a visible place of the elevator, either vertical or inclined or funicular, and entered and registered, in the opportunity established by the General Ordinance of Urbanism and Constructions, to the Directorate of Municipal Works. The appropriate non-income must be brought to the attention of the Local Police Court, by the Municipal Works Directorate. In the event of non-compliance with the obligations arising out of this Article, the provisions of Articles 20 and 21 of this Law shall apply. For these purposes, the fine shall be up to 150 units of promotion against the owner. " Article 2.-Amend Law No 19.537, on Real Estate, as follows: (1) Intercalase in Article 2 (3) (a) between the phrase "techements" and the word "installations", the following sentence: " lifts, both vertical and inclined or funicular, forklift and escalators or mechanical ramps, as well as all types of '. 2. Intercalase in its Article 7, first paragraph, between the phrases "periodic certification of gas installations" and "or urgent or unforeseen common expenses", the following text, preceded by a comma: " certification of lifts, both vertical as inclined or funicular, forklift and escalators or mechanical ramps and their installations ". 3. in Article 14a, the following final point, new: " In addition, changes or changes affecting the installations of lifts, whether vertical or inclined or funicular, forklift and escalators or mechanical ramps, are in common domain goods or in the units of the condos, must be executed by companies or persons with an entry in force in the registry of installers, maintainers and certifiers of the Ministry of Housing and Urban planning and the agreement of the assembly of co-owners and the permission of the Directorate of Municipal works, where appropriate. ' 4) Amend Article 23 as follows: (a) Intercalase, in its first indent, between the expressions "to carry out the acts necessary to perform the certification of the gas installations" and "to execute the acts of administration", the following text: " and the maintenance and certification of lifts, whether vertical or inclined or funicular, forklift and escalators or mechanical ramps and their installations; " b) Add the following third indent, new, passing the current third, fourth and fifth points to be fourth, fifth and fifth sixth, respectively: " The administrator or who does his/her times is empowered to (a) to contract the maintenance and certification of the lifts, whether vertical or inclined or funicular, forklift and escalators or mechanical ramps and their facilities, for which they shall notify the Management Committee in accordance with the the procedure laid down in the preceding paragraph. '; Article 3.-Create the National Register of natural and legal persons providing installation, maintenance and certification of lifts, both vertical and inclined or funicular, forklift and escalators or mechanical ramps, in the Register, as referred to in Article 1 of this Law. The Directorate of the Registry will depend on the Ministry of Housing and Urbanism, who will administer it directly or through third parties, in accordance with the provisions of Article 1 of this Law. The regulation, depending on the technical quality and experience, will establish the registration requirements and the causes of inability and incompatibility to register and keep in it. Article 4 °.-Violations of the rules governing the installation, maintenance and certification of the operation of lifts, whether vertical or inclined or funicular, forklift and escalators or mechanical ramps shall be classified as minor, Serious and very serious. It shall be deemed to be a minor infringement and shall be punishable by written warning and fines of up to 50 units of promotion of non-compliance with the laws, regulations and technical provisions governing the installation, maintenance and certification of Lift operation, both vertical and inclined or funicular, forklift and escalators or mechanical ramps which are not rated as serious or serious infringements. It shall be deemed to be a serious infringement and shall be punishable by the suspension of the Register, up to a period of one year, and a fine of up to 100 units of promotion: (a) Failure to comply with the provisions referred to in the preceding paragraph, when it causes failures The invention also applies to the use of lifts, both vertical and inclined or funicular, forklift and escalators or mechanical ramps. It will be presumed that there is a serious failure when the safety of people is at risk. (b) the non-compliance with the time limits or conditions agreed upon when the services are contracted, if this is the case for the sending agent. c) The reoffending in the commission of some minor infraction within a period of two years. d) The issuance of erroneous certifications. It shall be regarded as a serious infringement and shall be punishable by the removal or suspension of the Register, up to the period of three years in the second case, and a fine of up to 150 units of promotion: (a) failure to comply with the provisions laid down in the Previous paragraph, when it causes harm to the safety of persons, injuries or death. b) The reoffending in the commission of a serious infringement within a period of two years. (c) Act finding itself affected by a causal of inability or incompatibility, or having lost any of the registration requirements in the Register. d) The issuance of false certifications. (e) To be convicted of an enforceable judgment due to civil or criminal liability arising from the provision of the services referred to in Article 3. The actions to pursue the offences referred to in this Article shall be the period of two years counted from his commission and his knowledge will correspond to the Local Police Courts. Transitional provisions Article 1 °.-The amendments introduced by this law shall also apply for the maintenance and certification of existing installations for their entry into force and shall begin to apply when the Registration as referred to in Article 3, or within a maximum period of two years. Article 2-Regulation of the National Register of natural and legal persons providing installation, maintenance and certification of lifts, both vertical and inclined or funicular, forklift and ladders or ramps (a) a period of up to 180 days from the date of publication of the law. Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 7 October 2008.-MICHELLE BACHELET, President of the Republic.-Patricia Poblete Bennett, Minister of Housing and Urbanism.-Edmundo Pérez Yoma, Minister of the Interior. What I transcribe for your knowledge.-Paulina Saball Astaburuaga, Housing and Urbanism Undersecretary. Constitutional Court Draft law laying down provisions for the installation, maintenance and periodic inspection of lifts and other similar facilities (bulletin No. 4975-14) The Secretary of the Tribuna l Constitutional, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, so that this Court exercised the control of constitutionality with respect to the article 4º of the same; and that by judgment of 16 September 2008 in the autos Rol Nº 1.208-08-CPR I declare: 1.-That the final paragraph of article 4 ° of the draft submitted is constitutional. 2. That it is not for this Court to rule on the first, second, third and fourth points of Article 40 of the draft submitted, for dealing with matters that are not their own constitutional organic law. Santiago, September 16, 2008.-Rafael Larraín Cruz, Secretary.