[HISTORY: Adopted by the Town Board of the Town of Gates 8-4-2003
by L.L. No. 2-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 70.
A.
This chapter shall be known as and cited as the "Gates
Elevator Inspection and Certification Law."
B.
It is the purpose of this chapter to provide for public
health and safety through the establishment of regulations relating to the
installation, alteration, maintenance, required installations, and inspection
of elevators, escalators, moving walks, lifts and other conveyances in the
Town of Gates.
C.
The provisions of this chapter shall apply to the installation,
alteration, maintenance, required installation and inspections of all such
conveyances in the Town of Gates.
D.
In addition to the provisions in the 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 Gates.
As used in this chapter, the following terms shall have the meanings
as 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, dumbwaiters, escalators and moving walks, as supplemented by published
amendments and additions as referenced by Title 9 NYCRR of the State of New
York.
A 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 Gates to witness and/or perform
tests and inspections on conveyances.
A document which is issued by the Town of Gates to an inspector to
engage in the trade of the inspections on 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 suspense
ropes removed from the driver, counterweights resting at the bottom of the
hoist weight, car safety permanently set, safety sling attached and hoist
weight doors permanently boarded up or barricaded on the hoist weight 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.
An elevator or other conveyance which is locked at the top floor
with its disconnect pulled and car hoist weights doors closed. Such an elevator
or other conveyance may remain out of service for not more than one year with
inspections occurring in accordance with this chapter.
A.
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 Gates Building Construction and Fire Prevention Code (Chapter 70).
B.
This chapter shall be administered and enforced by the
Town of Gates Building Inspector.
B.
In all cases where there is 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, of state or local building codes, and of the New York State Department
of Education.
C.
The installer must have proof of insurance coverage and
provide proof of this coverage to the satisfaction of the Building Inspector.
D.
Permits must be displayed at the job site at all time
while work is in progress. Failure to display the required conveyance permit
shall be grounds for the issuance of a stop-work order by the Building Inspector.
The only exception to the requirement of displaying a permit is during the
installation in a new building also under construction.
E.
All conveyances and installation must be inspected by
an Inspector licensed by the Town of Gates to perform conveyance inspections.
After the initial installation inspection, all conveyances shall be reinspected
at regular intervals as prescribed by Title 9 NYCRR and ANSI A17.1, as amended.
All existing installations and conveyances shall be subjected to an inspection
by a licensed inspector at intervals of 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 upon a report by a licensed inspector or upon receipt of a complaint
of possible unsafe condition.
F.
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.
G.
A certificate of compliance is required prior to the
operation or use of any conveyance in any building or structure in the Town
of Gates.
H.
A certificate of compliance is required for the continuing
operation or use of any conveyance in any building or structure in the Town
of Gates which has been placed out of service or secured.
I.
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.
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.
A company in the business of conveyance inspections must
submit names, addresses and current qualified inspector certificates for all
employees who will be performing conveyance inspections in the Town of Gates.
C.
A fee, established by the Town Board of the Town of Gates
and changing as deemed necessary by resolution thereof, will be required before
issuance of a license to inspect conveyances. The initial fee established
by the Town Board is $500.
D.
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 or 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
Gates as an additional insured, and a certificate of insurance showing coverage
in the required amounts shall be submitted to the Town of Gates. The terms
of the policies shall be subject to the approval of the Town of Gates.
F.
It is the responsibility of the license holder to obtain
the renewal of the license. The Town of Gates may send renewal notices in
advance at the end of each year, however, failure to receive such a notice
will not relieve the license holder of his or her responsibility to renew
the license.
A.
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 the 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.
Where the work or repairs required is in the nature of
an emergency as determined by the Building Inspector, 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.
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 or she shall notify the owner as provided herein of
such condition and seal the conveyance 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.
Fees, as set by resolution of the Gates Town Board, are required for all permits described in § 88-4A hereinabove.
B.
Fees as set by resolution of the Gates Town Board are
required for all certificates of compliance.
C.
Fees are required to be submitted with the first inspection
report and certification for all existing installations.
D.
Each inspection certification form shall be accompanied
by a filing fee before obtaining an updated certificate of compliance.
A.
When an existing building's conveyance systems are undergoing
service, alterations, or repairs and when there are two or more such conveyances,
at least one shall be maintained in service until the completion of the service,
alteration or repair.
B.
It shall be the responsibility of the owner, repair contractor,
lessee and/or occupants 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.
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 or any other
agency, as required.
A.
Any person who shall willfully fail to comply with this
chapter shall severally, for each and every violation, be punishable by a
fine not exceeding $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 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.
An action or proceeding in the name of the Town of Gates,
New York, may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the violation or any provision of
this chapter. Such remedy shall be in addition to penalties otherwise prescribed
by law.
The provisions of this chapter shall take effect upon the expiration
of all relative time periods for publication, posting, and governmental
approvals, as required by law, but no earlier than November 1, 2003.
