Town of Greenburgh, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greenburgh 10-27-1999 by L.L. No. 6-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Building, fire and plumbing — See Ch. 100.

§ 170-1 Purpose.

The purpose of this chapter is to provide reasonable safety for life and limb in the use of elevators and other conveyances by overseeing the regulation of their installation, alteration and operation.

§ 170-2 Scope.

Except as may be otherwise provided by statute, the provisions of this chapter shall control the regulation, installation and operation of all elevators and other conveyances located at a fixed location in all buildings and structures for more than 30 days. The provisions of this chapter shall not apply to portable elevating devices located and operated entirely within one story. All such equipment shall be constructed, operated and maintained in compliance with accepted engineering practice.

§ 170-3 Definitions.

Except as otherwise expressly provided, the following words, wherever used in this chapter, shall have the following meanings:
ADMINISTRATOR
The head of the Department of Buildings or such Department head's designee authorized by the Town of Greenburgh to issue building permits.
CHAIR LIFT
A type of conveyance and its related mechanisms used to assist physically handicapped individuals in gaining access to exterior and interior portions of a building by vertical or inclined wheelchair lift or inclined stairway chair lift.
CHAIR LIFT INSTALLER
Any person who has proven to have the necessary qualifications and ability to erect, construct, install, alter, service, repair or maintain vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chair lifts within any building or structure, including but not limited to private residences, and who possesses a chair lift installer's permit in accordance with the provisions of this chapter and is engaged in the business of installing chair lifts or related mechanisms covered by this chapter, but is not engaged in the business of inspecting the erection, construction, installation, alteration, service, repair or maintenance of chair lifts in the Town of Greenburgh.
CHAIR LIFT INSTALLER'S PERMIT
A written permit, duly issued by the administrator, which shall entitle the holder thereof to install chair lifts in the Town of Greenburgh.
CONVEYANCE
Any elevator, dumbwaiter, escalator, moving sidewalk or chair lift, including vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chair lifts, and its related mechanisms located at a fixed location for more than 30 days.
CONVEYANCE INSPECTOR
Any person who has proven to have the necessary qualifications and ability to perform inspections of the erection, construction, installation, alteration, service, repair or maintenance of conveyances, including but not limited to private residences, and who possesses a conveyance inspector's permit in accordance with the provisions of this chapter and is engaged in the business of inspecting conveyances covered by this chapter, but is not engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining conveyances in the Town of Greenburgh.
CONVEYANCE INSPECTOR'S PERMIT
A written permit, duly issued by the administrator, which shall entitle the holder thereof to inspect conveyances in the Town of Greenburgh.
DORMANT ELEVATOR, DUMBWAITER OR ESCALATOR
An elevator, dumbwaiter or escalator whose cables have been removed, whose car and counterweight rest at the bottom of the shaftway and whose shaftway doors are permanently boarded up or barricaded on the inside or an escalator whose main power feed lines have been removed or a hydraulic elevator whose operating fluid (oil, water, etc.) has been removed from the system and the supply line broken and capped.
DUMBWAITER
A nonpassenger hoisting and lowering mechanism which serves two or more landings. For the purpose of this chapter, the term "dumbwaiter" shall also include hoistways, hoistway enclosures, hoistway doors or gates giving entrance thereto and the dumbwaiter machinery enclosures.
ELEVATOR
A hoisting and lowering mechanism equipped with a car or platform which moves in guide rails and serves two or more landings as described in ASME/ANSI and its related devices. For the purpose of this chapter, the term "elevator" shall also include hoistways, hoistway enclosures, hoistway doors or gates giving entrance thereto and the elevator machinery enclosures.
ELEVATOR INSTALLER
Any person who possesses an elevator installer's permit in accordance with the provisions of this chapter and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related mechanisms covered by this chapter, but is not engaged in the business of inspecting elevators in the Town of Greenburgh.
ELEVATOR INSTALLER'S PERMIT
A written permit, duly issued by the administrator, which shall entitle the holder thereof to install elevators in the Town of Greenburgh.
ELEVATOR/CONVEYANCE BUILDING PERMIT
A written permit, duly issued by the administrator, authorizing a person, individually or acting under a business entity, to erect, construct, install or materially alter elevators or other conveyances at a specified location.
ESCALATOR
A power-driven, inclined, continuous stairway and its related devices used for raising or lowering passengers.
FIRE SERVICE FUNCTION
The Emergency Operation described in the New York State Building and Fire Prevention Code § 1062.7(b) and as subsequently amended or replaced by the State of New York shall also be referred to as the "fire service function." A Yale No. 2642 keyed lock shall be the only fire service method for overriding normal operating controls and is deemed the only suitable key for use by the Fire Department or other authorized personnel.
LIMITED CONVEYANCE INSTALLER
Any person who has proven to have the necessary qualifications and ability to erect, construct, install, alter, service, repair or maintain conveyances other than elevators and chair lifts, including but not limited to private residences, and who possesses a conveyance installer's permit in accordance with the provisions of this chapter and is engaged in the business of installing conveyances covered by this chapter, but is not engaged in the business of inspecting the erection, construction, installation, alteration, service, repair or maintenance of conveyances in the Town of Greenburgh.
LIMITED CONVEYANCE INSTALLER'S PERMIT
A written permit, duly issued by the administrator, which shall entitle the holder thereof to install conveyances other than elevators and chair lifts in the Town of Greenburgh.
MATERIAL ALTERATION
A material alteration shall include, but is not limited to: an increase in rated load or speed; an increase in dead weight of a car by more than 10%; an increase in rate of travel; a change in the type of operation or control; a change in classification from freight to passenger service; an increase in working pressure of more than 10% in hydraulic elevators; or a change in type of operation in hydraulic elevators or a change in type of control.
MOVING SIDEWALK
A type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to this direction of motion and is uninterrupted as described in ANSI Article 17.1.
PENETRATE A FLOOR
To pass through or pierce the floor.
PRIVATE RESIDENCE
A separate residential dwelling or a separate residential unit in a multiple-dwelling building.
STOP
The level at which passengers or freight can enter or exit the car.

§ 170-4 Installer's/Inspector's permit required.

A. 
No person, individually or acting under a business entity, shall erect, construct, alter, install, service, repair or replace any elevator or other conveyance, or structural part thereof, unless the appropriate installer's permit has first been issued. An installer's permit is not required for removing or dismantling elevators or other conveyances which are dormant or are destroyed as a result of a complete demolition of a building or structure whereby no access is permitted therein which would endanger the safety and welfare of a person.
B. 
No person shall inspect any elevator or other conveyance or structural part thereof unless a conveyance inspector's permit has first been issued.

§ 170-5 Applications for installer's and inspector's permits.

A. 
Applications shall be made on forms provided by the administrator to obtain one or more of the following installation permits:
(1) 
Chair lift installer's permit.
(2) 
Limited conveyance installer's permit (except chair lifts and elevators).
(3) 
Elevator installer's permit.
B. 
If an application is made for more than one type of installer's permit, only one application need be filed and only one fee paid for such permit(s) or any renewal. No person shall request both an installer's and inspector's permit.
C. 
Applications shall be made on forms provided by the administrator to obtain a conveyance inspector's permit. A conveyance inspector's permit shall not be issued to any person holding an installer's permit or any person employed by a person or business entity holding an installer's permit.
D. 
Said applications shall contain the following information:
(1) 
The applicant's name, phone number, residence and business address;
(2) 
If the applicant operates under a business entity formed as a partnership, the name, phone number, residence and business address of each partner;
(3) 
If the applicant operates under a business entity formed as a domestic corporation, the name, phone number and business address of the corporation, and the name, phone number and residence address of the principal officers of said corporation and, if a corporation other than a domestic corporation, the name, phone number and address of an agent located locally who shall be authorized to accept service of process or official notices;
(4) 
The number of years the applicant has engaged in the business of installing, inspecting and/or maintaining or servicing elevators and other conveyances;
(5) 
The approximate number of persons, if any, to be employed by the applicant and, if applicable, satisfactory evidence that employees are or will be covered by workers' compensation insurance;
(6) 
Satisfactory evidence that the applicant is covered by general liability, personal injury and property damage insurance pursuant to § 170-14; and
(7) 
Such other information as the administrator may reasonably require to determine whether the applicant possesses the requisite skill and qualifications for the type of permit requested.

§ 170-6 Installer's and inspector's qualifications.

No conveyance inspector's permit shall be granted to any person unless said person shall prove to the satisfaction of the administrator that all current ASME/ANSI Qualified Elevator Inspector (QEI) standards for qualification are met, a certificate has been issued and the necessary experience to perform inspections is shown. No installer's permit shall be granted to any person unless said person shall prove to the satisfaction of the administrator that he or she possesses a working knowledge of current ASME/ANSI standards per the type of installation to be performed and has the necessary experience to perform such installation. No person, individually or acting under a business entity, shall hold both an installer and inspector permit at the same time in the Town of Greenburgh.

§ 170-7 Issuance and renewal of installer's or inspector's permits; fees.

Upon approval of an installer's or inspector's application, the administrator shall issue the appropriate permit. Upon approval, the permit shall be renewable annually. The fee for such permit and for any renewal thereafter shall be determined as set forth in § 100-5 of the Greenburgh Town Code. If an application is made for more than one type of installer's permit, only one fee shall be paid for such permits and any subsequent renewal.

§ 170-8 Elevator/Conveyance building permit.

A. 
No elevator or other conveyance shall be erected, constructed, installed or materially altered unless an elevator/conveyance building permit has been applied for on a building permit application form and such application is approved and a permit issued by the administrator prior to such work being commenced. Where any material alteration is made, the conveyance shall conform to all requirements of this chapter at the time the material alteration is made. No permit required hereunder shall be issued except to a person holding a current installer's permit for the type of work to be performed. A copy of such permit shall be kept at the construction site at all times while the work is in progress.
B. 
The fee for the erection, construction, material alteration or installation of an elevator or other conveyance shall be determined in the same manner as a building permit pursuant to § 100-5 of the Greenburgh Town Code.

§ 170-9 New installations; certificate of operation; fees; inspection schedule.

A. 
All new installations of elevators or other conveyances must be performed by a person possessing the specific type of installer's permit required to install, erect, construct, service or repair either elevators, chair lifts, all other types of conveyances or a combination thereof. Subsequent to installation, said installer must certify compliance with § 170-13 and all other applicable sections of this chapter.
B. 
All new installations of elevators or other conveyances must be inspected by a person possessing a conveyance inspector's permit. Subsequent to inspection of the installation, said inspector must certify compliance with § 170-13 and all other applicable sections of this chapter.
C. 
Prior to the use of any newly installed elevator or other conveyance, a certificate of operation must be obtained by the property owner, lessee or managing agent from the administrator.
D. 
A fee as determined under § 100-5 of the Greenburgh Town Code shall be paid for said certificate of operation. The certificate of operation fee for newly installed elevators or chair lifts for private residences for the purpose of handicapped access shall be waived upon proof to the satisfaction of the administrator that the elevator or chair lift otherwise meets the requirements of this chapter.
E. 
All elevators or other conveyances must be inspected semiannually. After performing an inspection, a conveyance inspector must certify compliance with § 170-13 and all other applicable sections of this chapter. A certificate of operation must be obtained by the property owner, lessee or managing agent from the administrator for continued use of any elevator or other conveyance existing at the time of the adoption of this chapter. The certificate of operation fee for existing elevators or chair lifts for handicapped access within private residences and any renewal certificate fees shall be waived upon proof to the satisfaction of the administrator that the elevator or chair lift otherwise meets the requirements of this chapter.
F. 
Certificates of operation are renewable semiannually. Certificates of operation must be clearly displayed in each elevator car or in the maintenance area of other conveyances for review by the Town's Code Enforcement Officers. If one-year, five-year or other time period inspections are required by the New York State Uniform Fire Prevention and Building Code, the semiannual inspection shall coincide with such date(s) when such time periods fall within the semiannual inspection date.

§ 170-10 Suspension of permits or certificates of operation.

A. 
Any permit or certificate issued pursuant to this chapter may be suspended immediately by the administrator upon certification that any one or more of the following reasons exist:
(1) 
Any false statement as to a material matter in any application.
(2) 
Fraud, misrepresentation, bribery or the attempt thereof in securing any permit.
(3) 
Failure of the permit and certificate holders to notify the administrator and the owner or lessee of an elevator, other conveyance or related mechanism of such elevator or other conveyance of any condition not in compliance with this chapter.
(4) 
Violation of any provision of this chapter.
B. 
Upon suspension of an installer's permit, no work shall be performed by the installer in the Town of Greenburgh.
C. 
Upon suspension of a conveyance inspector's permit, no conveyance inspections shall be conducted by the inspector in the Town of Greenburgh.
D. 
Upon suspension of an elevator/conveyance building permit or a certificate of operation, the elevator or other conveyance shall cease to be operated.

§ 170-11 Revocation of permits or certificates of operation.

Once a permit or certificate issued pursuant to this chapter is suspended, a hearing before the administrator shall be scheduled within 30 days of the date of suspension. Notice to the suspended permit or certificate holder, served personally or by registered mail, shall be given at least 10 days prior to the hearing date at the last known address appearing on the permit or certificate of operation. The notice shall state the date, hour and place of hearing and set forth a statement of facts constituting the grounds for the suspension and possible revocation of the permit or certificate. The administrator, within 10 days of said hearing, shall issue a written determination to either revoke the permit or certificate, to dismiss the proceeding and lift the suspension on the permit or certificate or, for an elevator/conveyance building permit or certificate of operation, to continue the suspension until such time as conditions enumerated in the decision are met.

§ 170-12 Registration.

Within 90 days after the effective date of this chapter, the owner, lessee or managing agent of every existing elevator or conveyance shall register with the Town of Greenburgh Department of Building each such elevator or other conveyance owned or operated by said person(s). The type, rated load and speed, location, name of manufacturer, number of stories in the building the elevator or other conveyance services, the purpose for which such elevator or other conveyance is used and such other information as the administrator may require shall be provided on the registration form. Elevators and all other conveyances whose installation or material alteration is commenced after the effective date of this chapter shall be registered within not more than seven days after the work is completed and prior to such elevator or other conveyance being placed in service for use and operation.

§ 170-13 Compliance with statutory provisions.

A. 
It shall be the responsibility of all persons who hold permits to erect, construct, install, alter, service, maintain or repair or to inspect elevators and other conveyances to ensure that such installation, service, maintenance and repair are performed in compliance with provisions contained in Part 1062 of the New York State Uniform Fire Prevention and Building Code, the Town of Greenburgh's Building Code and in accordance with generally accepted standards referenced in Part 1250.4 of the New York State Uniform Fire Prevention and Building Code, as well as ASME/ANSI standards and practices, and such person shall be prepared to certify such compliance. This compliance includes providing a Yale No. 2642 keyed lock for fire service functions to override normal operating controls of the elevator or conveyance. This compliance also includes that speed governors provided in elevators and other conveyances shall have the means of speed adjustment sealed after testing. If speed governors are painted after sealing, all bearing and rubbing surfaces shall be kept free or freed of paint and a hand test made to determine that all parts operate freely as intended. Seals shall be of a type which will prevent readjustment of the governor-tripping speed without breaking the seal. In the event that the provisions, standards, codes and practices stated are amended or replaced, the new provisions, standards, codes and practices are adopted without further revision to this section.
B. 
For private residences, chair lifts must conform to the requirements of ANSI A17.1, Part XXI, Sections 2100 through 2202 and shall neither exceed 10 feet nor penetrate a floor. For other than private residences, chair lifts must conform to the requirements of ANSI A17.1, Part XX, Sections 2000 through 2002, and shall neither exceed 12 feet nor penetrate a floor.
C. 
Whenever a provision of this chapter is found to be inconsistent with any provision of applicable state law, code or regulation, the state law, code or regulation shall prevail. This chapter is not intended to establish more stringent or more restrictive standards than standards set forth in the applicable state law.

§ 170-14 Insurance requirements.

A. 
Any person, individually or acting under a business entity, who shall erect, construct, install, alter, service, maintain, repair or inspect any elevator or other conveyance contained within buildings or structures within the Town of Greenburgh shall submit to the administrator a certificate of insurance naming the Town of Greenburgh as additionally insured, issued by an insurance company authorized to do business in the State of New York, providing general liability coverage of at least $1,000,000 for injury or death of any one person and at least $2,000,000 for injury or death of any number of persons in any one occurrence, a coverage of at least $500,000 for property damage in any one occurrence, and statutory workers' compensation insurance coverage.
B. 
Such certificate of insurance shall be approved as to form and sufficiency by the Town of Greenburgh Town Attorney and shall be delivered to the administrator prior to the issuance of a permit. In the event of any material change to or cancellation of any policy, at least 60 days' written notice thereof shall be given to the administrator, 320 Tarrytown Road, P.O. Box 205, Elmsford, New York 10523, by certified mail.

§ 170-15 Provisions not retroactive.

The provisions of this chapter, excepting § 170-16, are not retroactive. Any elevator or other conveyance shall be required to comply with the applicable code as of the date of its installation unless, upon inspection of any device covered by this chapter, the equipment is found to be in a dangerous condition or there is an immediate hazard to those riding on or using such equipment or if the design or the method of operation in combination with the devices utilized is considered inherently dangerous in the opinion of the administrator. Any subsequent material alteration to an existing elevator or other conveyance is subject to Part 1233 of the New York State Uniform Fire Prevention and Building Code unless the building it is located in has been officially designated as historic.

§ 170-16 Retroactive provisions.

A. 
Within one year after the effective date of this chapter, all elevators existing on, before or after the effective date of this chapter shall be equipped with the following:
(1) 
Emergency signaling and communication devices.
(2) 
Pit access, illumination and a stop switch.
(3) 
Top-of-car stop switch.
(4) 
Hoistway-door locking devices and car-door or gate electric contacts.
(5) 
Standby (emergency) lighting power source and a top-of-car electric light and convenience outlet fixture.
(6) 
Fire service function.
B. 
The administrator shall maintain and make available for inspection by the public a handbook detailing the six retroactive provisions taken from ASME/ANSI A17.1, 1993 Edition, which provisions were adopted by the State of New York, or any subsequent standards adopted by the State of New York. Retrofitting regarding the listed provisions will not require the filing of an elevator/conveyance building permit. All retrofitting must comply with ANSI A17.1, 1993 Edition.

§ 170-17 Liability.

This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, acting individually or on behalf of a business entity, owning, operating, controlling, maintaining, servicing, inspecting, erecting, constructing, installing, altering, testing or repairing any elevators or other conveyances covered by this chapter for damages to person or property caused by any defect therein, nor does the Town of Greenburgh assume any such liability or responsibility therefor or any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising thereunder.

§ 170-18 Penalties for offenses.

Any person, acting individually or on behalf of a business entity, who shall violate any provision of this chapter, upon conviction thereof, shall be fined in an amount not exceeding $1,500 or be imprisoned for a period not exceeding 15 days, or both such fine and imprisonment. Each day that a violation is found to continue to exist shall constitute a separate violation.

§ 170-19 Enforcement.

It shall be the duty of the administrator to develop an enforcement program ensuring compliance with regulations and requirements referenced in this chapter which includes, but is not limited to, the following: identifying property locations which are subject to said regulations and requirements; issuing notifications to violating property owners, operators or managing agents; overseeing that all required inspections are performed; and assisting in development of public awareness programs during the initial permitting period subsequent to enactment of this chapter and as warranted thereafter.