[HISTORY: Adopted by the Town Board of the Town of Greece 12-3-1991 by L.L. No. 8-1991. Amendments noted where applicable.]
This chapter shall be known and cited as the "Greece Conveyance Law."
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.
The provisions of this chapter shall apply to the installation, alteration, maintenance, required installations and inspections of all conveyances in the Town of Greece.
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.
- ANSI A17.1
- 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.
- CERTIFICATE OF COMPLIANCE
- 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.
- EXISTING INSTALLATION
- Any installation of a conveyance existing prior to the effective date of this chapter.
- INSPECTION CERTIFICATION
- 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.
- INSPECTION REPORT
- 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.
- NEW INSTALLATION
- Any conveyance newly installed or an existing conveyance which has been moved to a new location subsequent to the effective date of this chapter.
- SECURED INSTALLATION
- 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.
- SIMPLE REPAIR
- The replacement of existing work with the same or like materials used in the existing work.
- Any unauthorized use or alteration of a conveyance.
- TEMPORARILY OUT OF SERVICE
- 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.
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).
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.
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.
Installers must have proof of insurance coverage and provide proof of this coverage to the satisfaction of the Building Inspector.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Fees are required to be submitted with the first inspection report and certification for all existing installations.
Each inspection certification form shall be accompanied by a filing fee before obtaining an updated certificate of compliance.
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.
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, 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.
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.
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.
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.
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.
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.