[HISTORY: Adopted by the Town Board of the
Town of Greece 12-3-1991 by L.L. No. 8-1991. Amendments noted where
applicable.]
A.Â
This chapter shall be known and cited as the "Greece
Conveyance Law."
B.Â
It is the intent of this chapter to provide for the
public health and safety through the establishment of regulations
relating to the installation, alteration, maintenance, required installations
and inspections of elevators, escalators, moving walks, lifts and
other conveyances in the Town of Greece.
C.Â
The provisions of this chapter shall apply to the
installation, alteration, maintenance, required installations and
inspections of all conveyances in the Town of Greece.
D.Â
In addition to the provisions of this chapter, the
New York State Fire Prevention and Building Code, henceforth referred
to as "Title 9 NYCRR, ANSI A17.1," and the Americans With Disabilities
Act of 1990 shall be recognized as the standards regulating all conveyances
in the Town of Greece.
As used in this chapter, the following terms
shall have the meanings indicated:
Any major change made on existing equipment other than the
repair or replacement of damaged, worn or broken parts necessary for
normal operation and maintenance.
The American National Standards Institute.
The edition of the American National Standards Institute
Code for elevators, dumb waiters, escalators and moving walks, as
supplemented by published amendments and additions as referenced by
Title 9 NYCRR of the State of New York.
The document issued by the Building Inspector which certifies
each conveyance defined herein as being in operating order and in
compliance with this chapter.
Any elevator, escalator or other device as defined in ANSI
A17.1.
Any installation of a conveyance existing prior to the effective
date of this chapter.
A form completed by a licensed inspector certifying the periodic
safety tests and inspections of a conveyance which is filed at required
intervals with the Building Inspector by the owner, lessee or occupant
of any building or structure.
The report of an inspection performed by a licensed inspector
certifying full use of the pieces of equipment and designating that
the equipment is maintained in operative condition, ready for service
at all times.
A person licensed by the Town of Greece to witness and/or
perform tests and inspections on conveyances.
A document which is issued by the Town of Greece to an inspector
to engage in the trade of the inspection of conveyances.
Any conveyance newly installed or an existing conveyance
which has been moved to a new location subsequent to the effective
date of this chapter.
An elevator in a vacant or occupied building which has its
suspension ropes removed from the driver, counterweights resting at
the bottom of the hoistway, car safeties permanently set, safety sling
attached and hoistway doors permanently boarded up or barricaded on
the hoistway side; or an escalator which has its power feed lines
disconnected and top and bottom entrances boarded up or barricaded.
The replacement of existing work with the same or like materials
used in the existing work.
Any unauthorized use or alteration of a conveyance.
A conveyance which is locked at the top floor with its disconnect
pulled and car and hoistway doors closed. Such a conveyance may remain
out of service for not more than one year with inspections occurring
in accordance with this chapter.
A.Â
The administration and enforcement of this chapter, and the provisions of Title 9 NYCRR and ANSI A17.1 applicable to conveyances, shall be in accordance with the requirements of this chapter and those of the Greece Building Construction and Fire Prevention Code (Chapter 114).
B.Â
This chapter shall be administered and enforced by
the Town of Greece Building Inspector. The Building Inspector may
be assisted by one or more assistants who shall have the power to
act generally for and on behalf of the Building Inspector.
A.Â
In all cases where there is to be a new installation
of a conveyance, or a move of an existing conveyance, a permit must
be obtained by the installer or contractor. To obtain a permit, the
applicant must provide plans for said installation. These plans must
adequately satisfy the requirements of this chapter, the building
codes and the New York State Department of Education.
B.Â
Installers must have proof of insurance coverage and
provide proof of this coverage to the satisfaction of the Building
Inspector.
C.Â
Permits must be displayed on the job site at all times
while work is in progress. Failure to display a required conveyance
permit shall be grounds for the issuance of a stop-work order by the
Building Inspector. The only exception to the requirement for displaying
a permit is during the installation of a conveyance in a new building
also under construction.
D.Â
All conveyance installations must be inspected by
an inspector licensed by the Town of Greece to perform conveyance
inspections. After initial installation inspection, all conveyances
shall be reinspected at regular intervals as prescribed by Title 9
NYCRR and ANSI A17.1. All existing installations of conveyances shall
be subjected to inspections by a licensed inspector at intervals no
longer than six months for all conveyances except those located within
a dwelling unit of a single- or two-family residence. An alternate
interval may be required by the Building Inspector based on a report
by a licensed inspector or by a complaint of possible unsafe conditions.
E.Â
An inspection report and certification must be submitted
to the Building Inspector before issuance of a certificate of compliance.
It shall be the responsibility of the owner, lessee or occupant to
submit the inspection report and certification to the Building Inspector.
F.Â
A certificate of compliance is required prior to the
operation or use of any conveyance in any building or structure in
the Town of Greece.
G.Â
A certificate of compliance is required for the continuing
operation or use of any conveyance in any building or structure in
the Town of Greece which has been placed out of service or secured.
H.Â
Any person, firm, association, partnership or corporation
who is the owner, installer, lessee or occupant of a building or structure
and who operates, installs, repairs or causes to be operated therein
any conveyance shall be responsible for compliance with the provisions
of this chapter.
A.Â
Every applicant for an inspector's license shall make
application to the Building Inspector, detailing appropriate experience
and current qualified elevator inspector (QEI) certification along
with name, address and business name, if applicable.
B.Â
A company in the business of conveyance inspections
must submit names, addresses and current qualified elevator inspection
certificates for all employees who will be performing conveyance inspections
in the Town of Greece.
C.Â
A fee, established by the Town Board of the Town of
Greece and changing as deemed necessary, will be required before issuance
of a license to inspect conveyances.
D.Â
The elevator inspector shall maintain insurance policies
in full force and effect while performing inspections and submitting
certificates of inspection and compliance. Said policies shall include
statutory workmen's compensation for his/her employees and workmen
and public liability insurance of at least $1,000,000/$3,000,000 for
personal injury, $100,000 for property damage and $5,000 for excess
liability. All policies must name the Town of Greece as an additional
insured, and a certificate of insurance showing coverage in the required
amounts shall be submitted to the Town of Greece. The terms of the
policies shall be subject to the approval of the Town of Greece.
E.Â
All licenses shall expire on the last day of December
each year and shall be renewed annually. Renewal will require necessary
fees for each licensee, current qualified elevator inspection certificates
and proof of insurance.
F.Â
It is the responsibility of the license holder for
renewal of the license. The Town will endeavor to send a renewal notice
in advance, at the end of each year. However, failure to receive this
notice does not relieve the license holder of his/her responsibility
to renew the license.
A.Â
If an inspection report is filed which indicates that
a code violation exists, the Building Inspector shall serve or cause
to be served a written notice upon the owner, lessee and/or occupant,
either personally or by regular mail. The notice shall specify the
property address and each conveyance to be repaired and shall require
that the repairs listed be performed within the specified time limit
from date of personal service or mailing of the notice. Except in
life safety situations, the owner will have 30 days to submit documentation
that the conveyance is in compliance with all applicable codes.
B.Â
Where the work or repairs required is in the nature
of an emergency as determined by the Building Inspector, the neglect
of which would endanger life, the equipment shall be sealed temporarily
out of service, and such work or repairs shall be ordered to be done
at once. After service of notice, it shall be the duty of the owner
to make such repairs or changes as are necessary to place said conveyance
in a safe condition. It shall also be the duty of the owner to submit
documentation that the conveyance is in compliance and to obtain a
new certificate of compliance.
C.Â
If, upon inspection of any device covered by this
chapter, the equipment is found in a dangerous condition or if there
is an immediate hazard to life or if the design or the method of operation
in combination with devices used is considered inherently dangerous
in the opinion of the Building Inspector, he/she shall notify the
owner as provided herein of such condition and seal temporarily out
of service. The Building Inspector shall order such alterations or
additions as may be deemed necessary to eliminate the dangerous condition.
It shall be the duty of the owner to submit documentation that the
conveyance is in compliance and to obtain a new certificate of compliance.
A.Â
Fees, as set by the Town Board, are required for permits
for new installations, permits to place back in service secured installations,
permits to place back in service a temporarily out of service conveyance
and alterations.
B.Â
Fees are required to be submitted with the first inspection
report and certification for all existing installations.
C.Â
Each inspection certification form shall be accompanied
by a filing fee before obtaining an updated certificate of compliance.
A.Â
All new buildings containing medical facilities, doctors'
offices, treatment areas, hospitals, hospices, nursing homes, senior
citizen living or care facilities shall be handicap accessible. If
these areas are below grade or two or more stories above grade, a
conveyance, in compliance with this chapter, shall be installed.
B.Â
Any renovation or remodeling in the above-mentioned
facilities which are required to have a building permit, under Title
9 NYCRR or the Town of Greece Building Construction and Fire Prevention
Code,[1] must also be made handicap accessible from the grade level
to the renovated or remodeled space through means of a ramp or conveyance
in compliance with this chapter.
A.Â
When an existing building's conveyance service is
undergoing service, alterations or repairs and when there are two
or more conveyances, at least one shall be maintained in service until
the completion of the service, alteration or repair.
B.Â
It shall be the responsibility of the owner, repair
contractor, lessee and/or occupant to provide safety barricades, signs
and additional precautions as necessary for the general safety of
the public while any conveyance is installed, serviced or repaired
and to maintain adequate safety precautions until the conveyance is
operational and ready for public use as determined by a licensed inspector.
C.Â
It shall be the duty of the owner, repair contractor,
lessee and/or occupant of any conveyance to report any accident which
causes injury or damage to the conveyance which may hinder the safe
operation of the conveyance to the Building Inspector within 24 hours
of the accident. Upon occurrence of such an accident, the conveyance
shall be taken out of service and shall not be returned to service
until a new certificate of compliance is obtained. The owner, repair
contractor, lessee and/or occupant shall also cooperate, during any
investigation, with the Building Inspector, Public Safety Director
or any other agency, as required.
A.Â
Any person who shall willfully fail to comply with
this chapter shall severally, for each and every such violation, be
punishable by a fine of not more than $1,000 per day of violation
or imprisonment not exceeding one year, or both. The imposition of
one penalty for any violation shall not excuse the violation nor permit
it to continue, and all such persons shall be required to correct
or remedy such violation or defects within a reasonable time, and
when not otherwise specified, each day that the prohibited condition(s)
or violation(s) continues shall constitute a separate offense. The
imposition of any such penalty shall not be held to prohibit the enforced
removal of prohibited conditions by any appropriate remedy.
B.Â
An action or proceeding in the name of the Town of
Greece, New York, may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of this chapter. Such remedy shall be in addition
to penalties otherwise prescribed by law.
