[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.
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.
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.
Except as otherwise expressly provided, the following words, wherever
used in this chapter, shall have the following meanings:
The head of the Department of Buildings or such Department head's
designee authorized by the Town of Greenburgh to issue building permits.
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.
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.
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to install chair lifts in the Town of Greenburgh.
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.
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.
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to inspect conveyances in the Town of Greenburgh.
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.
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.
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.
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.
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to install elevators in the Town of Greenburgh.
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.
A power-driven, inclined, continuous stairway and its related devices
used for raising or lowering passengers.
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.
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.
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.
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.
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.
To pass through or pierce the floor.
A separate residential dwelling or a separate residential unit in
a multiple-dwelling building.
The level at which passengers or freight can enter or exit the car.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
