[HISTORY: Adopted by the Common Council of the City of Buffalo 4-24-1990,[1] effective 5-8-1990; amended in its entirety 7-25-2000, effective 8-7-2000. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Building construction and demolition; fire prevention — See Ch. 103.
Fees — See Ch. 175.
[1]
Editor's Note: This ordinance repealed former Ch. 167,
Elevators, derived from Art. X of Ch. XI of the Charter and Ordinances,
1974, of the City of Buffalo.
A.Â
Equipment covered by this chapter: all equipment in accordance with,
and contained within, Sub-Chapter G, Part 1250, Generally Accepted
Referenced Standards, of the current edition of the New York State
Uniform Fire Prevention and Building Code.
B.Â
Applicability.
(1)Â
This chapter covers the design, construction, operation, inspection,
testing, maintenance, alteration, and repair of all listed equipment,
its associated parts, and its hoistways, when located in or adjacent
to a building or structure.
(2)Â
Compliance with the applicable provisions of a generally accepted
referenced standard shall constitute compliance with this chapter
and the Codes of New York State.
[Amended 12-9-2003, effective 12-19-2003]
C.Â
Purpose and exceptions.
(1)Â
The purpose of this chapter is to provide for the health and safety
of the general public and to protect the public welfare.
(2)Â
The provisions of this chapter are not intended to prevent the use
of systems, methods or devices of equivalent or superior quality,
strength, fire resistance, RS-60, ASME-ANSI A17.1 Code effectiveness,
durability and safety to those prescribed by the A17.1 Code, provided
that there is technical documentation to demonstrate the equivalency
of such system, method or device.
(3)Â
The specific requirements of the ASME-ANSI A17.1 Code may be modified
by the authority having jurisdiction based upon technical documentation
or physical performance verification to allow alternative arrangements
that will assure safety equivalent to that which would be provided
by conformance to the corresponding requirements of the ASME-ANSI
A17.1 Code.
D.Â
ADMINISTRATORS
ASME-ANSI A17.1 ELEVATOR SAFETY CODE (ALSO KNOWN AS "REFERENCED
STANDARD-60" AND/OR "RS-60")
BOARD
CERTIFICATE OF OPERATION
CONVEYANCE
DORMANT ELEVATOR, DUMBWAITER OR ESCALATOR
ELEVATOR
ELEVATOR INSTALLER
ESCALATOR
EXISTING INSTALLATION
GENERALLY ACCEPTED REFERENCED STANDARDS
INDIVIDUAL LIMITED INSTALLER'S LICENSE
INSPECTOR'S LICENSE
INSTALLATION
INSTALLER'S LICENSE
LICENSE
LICENSEE
LIMITED INSTALLER'S LICENSE
A written license, duly issued by the Commissioner of Permit
and Inspection Services, authorizing a person, firm or company who
employs a licensed individual installer to carry on the business of
erecting, constructing, installing, altering, servicing, repairing
or maintaining vertical wheelchair lifts, inclined wheelchair lifts
and inclined stairway chairlifts within any building or structure,
including but not limited to private residences. The aforementioned
wheelchair lifts and chairlifts shall conform to the requirements
of ANSI A17.1, Part XXI, Sections 2100 - 2202, and may not exceed
10 feet nor penetrate a floor for private residences and conform to
the requirements of ASME A18.1-2001, Safety Standard for Platform
Lifts and Stairway Chairlifts
MATERIAL ALTERATION
MATERIAL LIFT INSTALLER'S LICENSE
MOVING SIDEWALK
NEW INSTALLATION
PENETRATE A FLOOR
PRIVATE RESIDENCE
QUALIFIED ELEVATOR INSPECTOR (QEI)
REPAIR
STOP
Definitions. Except as otherwise expressly provided, the following
words, wherever used in this chapter, shall have the following meanings:
The Commissioner of Permit and Inspection Services and the
Commissioner of Public Works, Parks and Streets or their designees.
[Amended 12-9-2003, effective 12-19-2003]
The National Safety Code for Elevators and Escalators, produced
by the American Society of Mechanical Engineers, in conjunction with
the American National Standard Institute, as adopted by the New York
State Department of State. (See Title 19, NYCRR of the Codes of New
York State.)
[Amended 12-9-2003, effective 12-19-2003]
The Elevator Safety Review Board described in § 167-3 of this chapter.
A document issued to property owners that indicates that
the elevating equipment on the premises complies with the provisions
of this chapter and the Codes of New York State.
[Amended 12-9-2003, effective 12-19-2003]
Any equipment listed in the current adopted edition of the
ANSI A17.1, Elevator/Escalator Safety Code, including but not limited
to any elevator, dumbwaiter, escalator, moving sidewalk or wheelchair
lift, including vertical wheelchair lifts, inclined wheelchair lifts
and inclined stairway chairlifts.
[Amended 12-9-2003, effective 12-19-2003]
Any elevator or dumbwaiter whose cables have been removed,
whose car and counterweight rests 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 disconnected,
or a hydraulic elevator whose operating fluids (oil, water, etc.)
have been removed from the system and the supply line broken and capped.
A hoisting or lowering mechanism, equipped with a car or platform, which moves in guide rails and serves two or more landings as covered in § 167-1A of this chapter.
Any person, firm or corporation who possesses an elevator installer's license in accordance with the provisions of § 167-6 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related mechanisms covered by this chapter.
A power-driven, inclined, continuous stairway used for raising
or lowering passengers.
An installation that has been completed or is under construction
prior to the effective date of this chapter.
A specification, code, rule, guide or procedure in the field
of construction, or field related thereto, recognized as authoritative.
Compliance with the applicable provisions of a referenced standard
shall constitute compliance with this chapter and the Codes of New
York State.
[Amended 12-9-2003, effective 12-19-2003]
A written license which is issued to an individual, self-employed or employed by a licensed firm or company, who has proven his/her qualifications and ability through examination. The license shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining vertical and inclined wheelchair lifts and inclined stairway chairlifts within any structure, including but not limited to private residences. Fees as set forth in Chapter 175, Fees, shall be paid for said license.
A license which is issued to a QEI certified elevator inspector
who has proven his/her qualifications and ability and has been authorized
by the Elevator Safety Review Board to possess this type of license.
It shall entitle the holder thereof to engage in the business of inspecting
elevators or related mechanisms covered by this chapter.
A complete elevator, dumbwaiter, escalator, material lift,
inclined lift or moving walk, including its hoistway, hoistway enclosures
and related construction, and all machinery and equipment necessary
for its operation.
A license which is issued to an elevator installer who has
proven his/her qualifications and ability and has been authorized
by the Elevator Safety Review Board to possess this type of license.
It shall entitle the holder thereof to engage in the business of erecting,
constructing, installing, altering, servicing, repairing or maintaining
elevators or related equipment covered by this chapter.
A written license, duly issued by the Commissioner of Permit
and Inspection Services, authorizing a person, firm or company to
carry on the business of erecting, constructing, installing, altering,
servicing, repairing or maintaining or performing inspections of elevators
or related mechanisms covered by this chapter.
The elevator inspector, elevator installer and/or limited
installer.
[Amended 12-9-2003, effective 12-19-2003]
In accordance with the requirements contained in the RS-60 Standard, includes but is not limited to an increase in rated load or speed, an increase in dead weight of the 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, a change in type of operation in hydraulic elevators or a change in type of control; requires a full final acceptance inspection in accordance with the latest NYS adopted edition of ANSI A17.1 Code. (See the permit fee schedule for material alterations as set forth in Chapter 175, Fees.)
[Amended 12-9-2003, effective 12-19-2003]
A written license, duly issued by the Commissioner of Permit
and Inspection Services, authorizing a person, firm, or company who
employs a licensed individual lift installer to carry on the business
of erecting, constructing, installing, altering, servicing, repairing
or maintaining material lifts and within any building or structure.
The aforementioned material lifts/conveyances shall conform to the
requirements of RS 61-3 ASME/ANSI Safety Standard for Conveyors and
Related Equipment, B20.1-93.
[Added 9-18-2001, effective 10-1-2001]
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
A17.1
Any installation not classified as an existing installation
by definition, or an existing elevator, dumbwaiter, escalator, material
lift, inclined lift or moving walk moved to a new location subsequent
to the effective date of this chapter.
To pass through or pierce the floor in such a way that the
rectangular opening has four contiguous sides.
A separate dwelling or a separate apartment in a multiple
dwelling which is occupied by members of a single-family unit.
Any person, certified in accordance with the ASME QEI-1,
Standard for the Qualification of Elevator Inspectors, and who possesses
an elevator inspector's license in accordance with the provisions
of this chapter and the RS-60 Standard, and any person, firm or company
who is engaged in the business of inspecting elevators or related
mechanisms covered by this chapter.
[Amended 12-9-2003, effective 12-19-2003]
The process of rehabilitation or replacement of parts that
are basically the same as the original for the purpose of ensuring
performance in accordance with the applicable Code requirements.
The level at which passengers or freight can enter or exit
the car.
E.Â
All other vertical transportation terms are defined in the most current
adopted edition of ANSI A 17.1 Code.
F.Â
For the purpose of this chapter, the term "elevator" and the term
"dumbwaiter" shall also include their hoistways, together with hoistway
enclosures and the hoistway door or gates giving entrance thereto
and the elevator or dumbwaiter machinery enclosures.
G.Â
Maintenance of existing elevators and conveyances in commercial occupancies.
[Added 9-18-2001, effective 10-1-2001]
(1)Â
Elevators and conveyances existing in any commercial structure shall
be maintained to safely sustain the loads to which they are subject,
to operate properly and to be free of physical and fire hazards.
(2)Â
No elevator or conveyance in an existing commercial structure shall
be permanently removed from service without prior written approval
from the City of Buffalo Elevator Safety Review Board.
A.Â
No person, firm or company shall erect, construct, alter or replace,
maintain, remove or dismantle any conveyance contained within buildings
or structures within the City of Buffalo or structurally a part thereof
unless an installer's license has been issued as described herein
or working under the direct on-site supervision of a person, firm
or company who is licensed pursuant to this chapter. A licensed installer
is not required for removing or dismantling conveyances which are
destroyed as a result of a complete demolition of a secured building
or structure whereby no access is permitted therein to endanger the
safety and welfare of a person.
B.Â
No person, firm or company shall inspect any conveyance within buildings
or structures, including but not limited to private residences, within
the City of Buffalo or structurally a part thereof unless an inspector's
license has been issued as described herein.
C.Â
It shall be unlawful for any license holder to utilize both the installer's
license and the inspector's license at the same time on any conveyance
in order to avoid potential conflicts of interest.
[Amended 12-9-2003, effective 12-19-2003]
A.Â
There is hereby created the Elevator Safety Review Board, herein
referred to as the "Board" consisting of nine members, one of whom
shall be the Commissioner of Public Works, Parks and Streets or his
delegate, one of whom shall be the Commissioner of Permit and Inspection
Services or his delegate, and one of whom shall be the Commissioner
of Fire or his delegate. The Mayor shall appoint the remaining six
members of the Board as follows: one representative from a major elevator
manufacturing company or its authorized distributor; one representative
from an elevator servicing company; one representative from an insurance
company; one representative of the architectural design profession;
one representative of the Building Owners and Managers Association
(BOMA); and one representative of labor involved in the installation,
maintenance and repair of elevators.
B.Â
The members constituting such Board shall serve for terms of three
years, excluding the Commissioner of Permit and Inspection Services,
the Commissioner of Public Works, Parks and Streets and the Commissioner
of Fire who shall serve continuously. The members shall serve without
salary. The Mayor shall appoint one of the members to serve as Chairman.
The Chairman shall be the deciding vote in the event of a tie vote.
The Board shall meet and organize within 10 days after the appointment
of its members and at such meeting shall elect one Secretary of the
Board to serve during the term to be fixed by the rules and regulations
to be adopted by the Board. The Board shall meet regularly once in
each month at a time and place to be fixed by it and at such times
as it is deemed necessary for the consideration of appeals for licenses
and for the transaction of such other business as properly may come
before it. Special meetings shall be called as in the rules and regulations
provided. Any appointed Board Member absent from three consecutive
meetings without being excused by the Chairman may be removed after
a hearing before the Mayor.
A.Â
The Board shall be authorized to consult with engineering authorities
and organizations concerned with standard safety codes; rules and
regulations governing the operation, maintenance, construction, alteration,
installation and/or servicing/inspection of elevators, dumbwaiters,
escalators, etc., and the qualifications which are adequate, reasonable
and necessary for the installers and inspectors. Therefore, the Board
shall be authorized to recommend the amendments of applicable legislation,
when appropriate, to legislators.
B.Â
The Board shall also have the authority to grant exceptions and variances from the literal requirements of applicable code and standards, regulations and/or local legislation in cases where such variances would not jeopardize the public safety and welfare. The Board shall have the authority to hear appeals, hold hearings and decide upon such appeals, as set forth in § 167-11.
A.Â
Installer. Any person, firm or company wishing to engage in the business
of elevator, dumbwaiter, escalator or moving sidewalk installation,
alteration, service, replacement or maintenance within the City of
Buffalo shall make application for a license to install or service
conveyances to the Commissioner of Permit and Inspection Services
on a form provided by the Commissioner.
B.Â
Inspector. Any person, firm or company wishing to engage in the business
of elevator, dumbwaiter, escalator, moving sidewalk, vertical wheelchair
lift, inclined wheelchair lift or inclined stairway chairlift inspections
within the City of Buffalo, upon proof of QEI certification shall
make application for a license to the Commissioner of Permit and Inspection
Services on a form to be provided by the Commissioner.
C.Â
Limited installer. Any person, firm or company wishing to engage
in the business of vertical wheelchair lift, inclined wheelchair lift,
or inclined stairway chairlift installation, alteration, service,
replacement or maintenance within the City of Buffalo shall make application
for a license to the Commissioner of Permit and Inspection Services
on a form provided by the Commissioner.
D.Â
Material lift installer. Any person, firm or company wishing to engage
in the business of material lift/conveyor installation, alteration,
service, replacement or maintenance within the City of Buffalo shall
make application for a license with the Commissioner of Permit and
Inspection Services on a form provided by the Commissioner.
[Added 9-18-2001, effective 10-1-2001[1]]
[1]
Editor's Note: This ordinance also redesignated former
Subsection D as Subsection E.
E.Â
Said applications shall contain information for the following provisions:
(1)Â
If a person, the name, residence and business address of the applicant.
(2)Â
If a partnership, the name, residence and business address of each
partner.
(3)Â
If a domestic corporation, the name and business address of the corporation
and the name and residence address of the principal officer of said
corporation; if a corporation other than a domestic corporation, the
name and address of an agent located locally who shall be authorized
to accept service of process and/or official notices.
(4)Â
The number of years the applicant has engaged in the business of
installing, inspecting and/or maintaining or servicing elevators and/or
wheelchair lifts.
(5)Â
The approximate number of persons, if any, to be employed by the
applicant and, if applicable, satisfactory evidence that the employees
are or will be covered by workers' compensation insurance.
(6)Â
Satisfactory evidence that the applicant is or will be covered by
general liability, personal injury and property damage insurance.
(7)Â
Criminal records, if any, as verified by the Commissioner of Police.
(8)Â
Such other information as the Commissioner of Permit and Inspection
Services may reasonably require.
A.Â
Qualifications of inspectors. No inspector's license shall be
granted to any person, firm or company unless he or it shall prove
to the satisfaction of the Commissioner of Permit and Inspection Services
and Commissioner of Public Works, Parks and Streets, hereinafter referred
to as the "administrators," that he or it meets the current ANSI QEI
Standards for the Qualifications of Elevator Inspectors. It is not
the function or duty of inspectors to make any repairs or adjustments
to the equipment nor to recommend methods or procedures for correction
of deficiencies. The Commissioner of Permit and Inspection Services
shall grant all licenses to be issued for two years.
[Amended 12-9-2003, effective 12-19-2003]
B.Â
Qualifications of installers. No license shall be granted to any
person, firm or company who has not proven his/its qualifications
and abilities. Applicants for elevator installers must demonstrate
the following qualifications:
(1)Â
An acceptable combination of experience and education credits or
seven years' (1,750 hours/year) work experience in the elevator
industry in construction, maintenance and service/repair, as verified
by current and previous employers.
(2)Â
Certificates of completion of National Elevator Industry Educational
Program (NEIEP) modules, or two-year/four-year degree in electronics,
engineering or other relevant fields.
(3)Â
A mechanic's certificate.
(4)Â
Satisfactory completion of a written examination administered by
the City of Buffalo.
(5)Â
Evidence of insurability as previously established by the Commissioner
of Permit and Inspection Services.
(6)Â
Advance payment of all application fees as previously established
by the Commissioner of Permit and Inspection Services.
C.Â
Qualifications of limited installers. No license shall be granted
to any person, firm or company who has not proven his/its qualifications
and abilities. Applicants for individual limited installer's
license must demonstrate the following qualifications:
(1)Â
An acceptable combination of experience and education credits or
five years' (1,750 hours/year) work experience in the wheelchair
lift industry in construction, maintenance and service/repair, as
verified by current and previous employers and previous employers
of inclined stairway chair lifts and inclined and vertical wheelchair
lifts.
[Amended 9-18-2001, effective 10-1-2001]
(2)Â
Satisfactory completion of a written examination administered by
the City of Buffalo.
(3)Â
Evidence of insurability as previously established by the Commissioner
of Permit and Inspection Services.
(4)Â
Advance payment of all application fees as previously established
by the Commissioner of Permit and Inspection Services.
D.Â
Qualifications of material lift installers. No license shall be granted
to any person, firm or company who has not proven his/its qualifications
and abilities. Applicants for material lift installer's license
must demonstrate the following qualifications:
[Added 9-18-2001, effective 10-1-2001]
(1)Â
An acceptable combination of experience and education credits or
five years' (1,750 hours/year) work experience in the material
lift industry in construction, maintenance and service/repair, as
verified by current and previous employers and previous employers
of material lifts/conveyors.
(2)Â
Satisfactory completion of a written examination administered by
the City of Buffalo.
(3)Â
Evidence of insurability as previously established by the Commissioner
of Permit and Inspection Services.
(4)Â
Advance payment of all application fees as previously established
by the Commissioner of Permit and Inspection Services.
Upon approval of an application by the administrators, the Commissioner of Permit and Inspection Services may issue a license which shall be renewable biennially. The fee for such license or for any renewal thereafter shall be set forth in Chapter 175, Fees.
A license issued pursuant to this chapter may be suspended or
revoked by the administrators upon verification that any one or more
of the following reasons exist:
A.Â
Any false statement as to material matter in the application.
B.Â
Fraud, misrepresentation or bribery in securing a license.
C.Â
Failure to notify the Commissioner of Permit and Inspection Services
and the owner or lessee of an elevator or related mechanisms of any
condition not in compliance with this chapter.
D.Â
Violation of any provisions of this chapter.
No license shall be suspended or revoked until after a hearing
before the administrators upon notice to the licensee of at least
10 days at the last known address appearing on the license, served
personally or by registered mail. The notice shall state the date,
hour and place of hearing and set forth a statement of facts constituting
the grounds for the charges against the licensee. The administrators
shall suspend or revoke the license or dismiss the proceeding.
Any person whose license is revoked or suspended may appeal
from such determination to the Board, which shall, within 30 days
thereafter, hold a hearing, of which at least 15 days' written
notice shall be given to all interested parties. The Board shall,
within 30 days after such hearing, issue a decision.
Within 30 days after the date of the appointment of the Board,
the owner or lessee of every existing conveyance shall register with
the Commissioner of Permit and Inspection Services each such elevator,
dumbwaiter, wheelchair lift and escalator owned and operated by him,
giving the type, rated load and speed, name of manufacturer, its location
and the purpose for which it is used and such information as the Commissioner
of Permit and Inspection Services may require. Elevators, dumbwaiters,
wheelchair lifts, escalators and moving sidewalks or other conveyances
upon which construction has begun subsequent to the date of the creation
of the Board shall be registered within not more than seven days after
they are completed and placed in service.
[Amended 12-9-2003, effective 12-19-2003]
A.Â
It shall be the responsibility of property owners, individuals, firms or companies licensed as described above to ensure that installation, service, operation and maintenance of elevators is in accordance with the provisions contained in The Building Code, Chapter 35, Referenced Standards contained within the Codes of New York State - The Collection; publication date, May 2002, First Printing.
B.Â
Whenever a provision in this chapter is found to be inconsistent
with any provision of the applicable local or state law, code or regulation,
the state law shall prevail. This chapter, unless specifically stated
otherwise, is not intended to establish more stringent or more restrictive
standards than standards set forth in the applicable state law.
A.Â
No conveyance, including wheelchair lifts, shall be erected, constructed,
installed or materially altered within buildings or structures within
the City of Buffalo unless a construction permit has been obtained
from the Commissioner of Permit and Inspection Services before the
work is commenced. Where any material alteration, as defined herein,
is made, the conveyance shall conform to all existing requirements.
No permit required hereunder shall be issued except to a person, firm
or corporation holding a current installer's license, or limited
installer's license, duly issued pursuant to this chapter. A
copy of such permit shall be kept at the construction site at all
times while the work is in progress.
B.Â
The permit fee for erection, construction or installation shall be as set forth in Chapter 175, Fees. The permit fee for material alteration shall be set forth in Chapter 175, Fees. Any fee collected regarding an expired or revoked permit is nonrefundable. Commercial inclined wheelchair lifts shall be considered two stops regardless of travel distance.
C.Â
Permit requirements.
(1)Â
Each application for a permit shall be accompanied by triplicate
copies of specifications and accurately sealed and fully dimensioned
plans showing the location of the installation in relation to the
plans and elevation of the building; the location of the machinery
room and the equipment to be installed, relocated or altered; and
all structural supporting members thereof, including foundations;
and shall specify all materials to be employed and all loads to be
supported or conveyed. Such plans and specifications shall be sufficiently
complete to illustrate all details of construction and design.
(2)Â
Each permit application shall be accompanied by the applicable fees.
(3)Â
Repair permits are not required when the process of rehabilitation
or replacement of parts that are basically the same as the original
for the purpose of ensuring performance in accordance with the applicable
code requirements are used.
D.Â
Revocation of permits. Permits may be revoked for the following reasons:
(1)Â
Where any false statements or misrepresentation as to the material
facts in the application, plans or specifications on which the permit
was based.
(2)Â
Where the permit was issued in error and should not have been issued
in accordance with the code.
(3)Â
Where the work detailed under the permit is not being performed in
accordance with the provisions of the application, plans or specifications
or with the code or conditions of the permit.
(4)Â
Where the installer to whom the permit was issued fails or refuses
to comply with a stop-work order.
E.Â
Expiration of permits. Permits shall expire:
(1)Â
If the work authorized by such permit is not commenced within six
months after the date of issuance, or within a shorter period of time
as the Commissioner of Permit and Inspection Services or his duly
authorized representative in his discretion may specify at the time
the permit is issued.
(2)Â
If the work is suspended or abandoned for a period of 60 days, or
such shorter period of time as the Commissioner of Permit and Inspection
Services or his duly authorized representative in his discretion may
specify at the time the permit is issued, after the work has been
started. For good cause, the Commissioner of Permit and Inspection
Services or his representative may allow an extension of the foregoing
period at his discretion.
A.Â
Installations: certificate of operation required.
(1)Â
All new conveyance installations shall be performed by a person, firm or company to which a license to install or service conveyances has been issued. Subsequent to installation, said licensed person, firm or company must certify compliance with the applicable sections of Chapter 167. Prior to any conveyance being used, a certificate of operation must be obtained from the Commissioner of Permit and Inspection Services by the property owner or lessee. A fee as set forth in Chapter 175, Fees, shall be paid for said certificate of operation. It shall be the responsibility of the licensed installer to complete and submit first-time registration(s) for new installations.
(2)Â
The certificate of operation fee for newly installed wheelchair lifts
and inclined stairway chair lifts for private residences shall be
subsequent to an inspection by a licensed third-party inspection firm.
B.Â
Annual inspections: certificate of operation required. All conveyances existing in any building or structure must be inspected annually by a person, firm or company to which a license to inspect conveyances has been issued. Subsequent to inspection, said licensed person, firm or company must certify compliance with applicable sections of Chapter 167 referenced in § 167-2 above, and prior to use, a certificate of operation must be obtained by the property owner or manager from the Commissioner of Permit and Inspection Services in accordance with the fees set forth in Chapter 175, Fees. The certificate of operation fee for existing wheelchair lifts and inclined stairway chair lifts for private residences and any renewal certificate shall be waived. After an initial inspection, there shall be no subsequent annual inspection required for interior and exterior inclined and vertical wheelchair or stairway lifts in a private residence. The Commissioner of Permit and Inspection Services or his designee shall approve all newly installed and existing wheelchair lifts and inclined stairway chair lifts for private residences subsequent to an inspection by a person, firm or company to which a license to inspect conveyances has been issued. Inspection companies must supply the property owner or lessee and the City of Buffalo with a written inspection report describing any and all code violations. If the Commissioner is satisfied with the inspection, a certificate of operation shall be issued.
C.Â
Temporary certificate of operation. A temporary certificate of operation
may be issued which will permit the temporary use of a conveyance
for a limited time not to exceed 30 days while minor repairs are being
completed.
D.Â
Display certificate of operation. Certificates of operation referenced in Subsection A through C (above) are renewable annually except for certificates issued for wheelchair lifts and inclined stairway chairlifts for private residences, which shall be valid for a period of three years. Certificates of operation must be clearly displayed on each elevator.
[Amended 2-5-2002, effective 2-14-2002]
A.Â
Any person, firm or corporation who shall install, service, repair,
replace or maintain any conveyance contained within buildings or structures
within the City of Buffalo shall submit to the Commissioner of Permit
and Inspection Services an insurance policy or certified copy thereof,
issued by an insurance company authorized to do business in the State
of New York, to provide general liability coverage of at least $1,000,000
for injury or death of any one person and $1,000,000 for injury or
death of any number of persons in any one occurrence, with the coverage
of at least $500,000 for property damage in any one occurrence and
the statutory workers' compensation insurance coverage.
B.Â
Any person, firm or corporation who shall inspect any conveyance
contained within buildings or structures within the City of Buffalo
shall submit to the Commissioner of Permit and Inspection Services
an insurance policy or certified copy thereof, issued by an insurance
company authorized to do business in the State of New York, to provide
general liability coverage of at least $1,000,000 for injury or death
of any one person and $1,000,000 for injury or death of any number
of persons in any one occurrence, with the coverage of at least $500,000
for property damage in any one occurrence and the statutory workers
compensation insurance coverage.
C.Â
Such policies, or duly certified copies thereof, or an appropriate
certificate of insurance, approved as to form by the Corporation Counsel
and as to sufficiency by the Comptroller, shall be delivered to the
Commissioner of Permit and Inspection Services before or at the time
of the issuance of a license. In the event of any material alteration
or cancellation of any policy, at least 10 days' notice thereof
shall be given to the Commissioner of Permit and Inspection Services,
City Hall, Buffalo, New York 14202.
It shall be the duty of the Commissioner of Permit and Inspection Services to develop an enforcement program which will ensure compliance with regulations and requirements referenced in §§ 167-1 through 167-24. This will include but will not be limited to identification of property locations which are subject to said regulations and requirements; issuing notifications to violating property owners or operators; random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, firms or companies; and assist in development of public awareness programs during the initial licensing period subsequent to enactment of this chapter and as warranted thereafter.
This chapter shall not be construed to relieve or lessen the
responsibility or liability of any person, firm or corporation owning,
operating, controlling, maintaining, erecting, constructing, installing,
altering, testing or repairing any elevator or other related mechanisms
covered by this chapter for damages to person or property caused by
any defect therein, nor does the City of Buffalo 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 owner or lessee who shall violate any of the provisions
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.
The provisions of this chapter are not retroactive, so that
equipment shall be required to comply with the applicable code at
the date of its installation and any subsequent alteration except
as specifically provided hereunder, unless a building has been officially
designated as historic and is subject to Part 1233 of the New York
State Uniform Fire Prevention and Building Code; and except further
that if, upon inspection of any device covered by this chapter, the
equipment is found 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 devices used is considered
inherently dangerous in the opinion of the Commissioner of Permit
and Inspection Services, he shall notify the owner as provided herein
of such condition and shall order such alterations or additions as
may be deemed necessary to eliminate the dangerous condition.
[1]
Editor's Note: Former § 167-21, Retroactive
provisions, was repealed 12-9-2003, effective 12-19-2003.
A.Â
It shall be the responsibility of all property owners, licensed individuals,
firms or companies as described in this chapter, to ensure that the
required five-year inspection and testing are performed at the required
intervals in compliance with the most current adopted edition of ASME
ANSI A17.1, the most current adopted edition of ASME ANSI A17.2, Inspector's
Manual for Elevators and Escalators; and the most current adopted
edition of ASME ANSI A17, Safety Code for Existing Elevators and Escalators.
[Amended 12-9-2003, effective 12-19-2003]
B.Â
All five-year full-load safety tests and speed governor tests shall
be witnessed by a licensed third-party inspection company QEI inspector.
Upon completion of the witnessing of tests, the inspection company
shall submit to the City of Buffalo and to the equipment owner a statement
certifying that the witnessing/inspection of the test has been completed.
[Amended 12-9-2003, effective 12-19-2003]
C.Â
A metal tag shall be affixed to the equipment as required and in
accordance with the ANSI A17.1 Code. Only the actual test shall be
witnessed and not the preparation work associated with any unit being
tested.
A.Â
Inspection and testing of the main machine gear box in accordance
with ANSI A17.1 Code requirements. The inspection, replacement and/or
repair of electric elevator main machine gearbox shall include, but
not be limited to:
[Amended 12-9-2003, effective 12-19-2003]
(1)Â
Inspection and or replacement of worm and ring gears due to wear
and tear.
(2)Â
Inspection and/or replacement of bolts that hold ring gear to spider
gear. The bolt type or grade replacement shall be in accordance with
manufacturer's specifications, i.e., torquing of ring gear nuts
and bolts shall be in accordance with manufacturer's specifications.
(3)Â
All five-year tests and inspection of the main gear box shall be
witnessed by a licensed third-party QEI inspection company inspector.
B.Â
The inspection, testing or repair of an electric elevator's
main machine gear box shall be completed in conjunction and at the
same time of the required five-year inspection and testing.
A.Â
All hydraulic elevator pressure relief valve tests shall be witnessed
by a licensed third-party inspection company QEI inspector in accordance
with ANSI A17.1 Code, Periodic Inspection and Test, requirements.
[Amended 12-9-2003, effective 12-19-2003]
B.Â
The aforementioned test shall be completed on an annual basis; however,
the test needs to be witnessed by a QEI inspector every three years.
Ultimately it is the equipment owner's responsibility to have
these tests completed.
[1]
Editor's Note: Former § 167-25, Maintenance
of fire fighter service test logs, was repealed 12-9-2003, effective
12-19-2003.
[Amended 9-18-2001, effective 10-1-2001; 10-2-2001, effective 10-15-2001; 7-20-2004, effective 8-2-2004]
A.Â
Fire lockbox location switch key (fire lockbox) shall be installed
on the exterior of all buildings. Compliance shall include but is
not limited to those buildings having a fire alarm system or fire
suppression system, commercial buildings, businesses, mercantile occupancies
and multifamily structures having three or more dwelling units.
(1)Â
For specific box type, location and contents, property owners should
be directed to the City of Buffalo, Bureau of Fire Prevention, Room
321, City Hall, Buffalo, New York 14202 at 851-5707.
(2)Â
All Knox - box installations shall:
(a)Â
Be installed on the exterior of the building within 10 feet
of the entrance door normally used by the Fire Department to access
the building.
(b)Â
The top of the box shall be installed no higher than six feet
nor lower than five feet from the adjacent ground level.
(c)Â
The box must be installed in such a manner as to be clearly
visible and free from any obstruction, including trees, bushes, etc.
(d)Â
If the box is equipped with a tamper switch, the letter "A,"
in either yellow or white shall be placed on the door of the box.
(e)Â
The box shall not be painted, as this hampers and in some cases
prohibits, entry into the box. Boxes that have be painted must be
replaced.
(f)Â
The red reflective Knox - box decal shall be placed on the entrance
door of the site normally used by the Fire Department, five feet above
the adjacent ground level.
(g)Â
All keys placed inside the box must be marked with a metal tag
or stamped identification on the key identifying access or which device
it operates.
(3)Â
QEI elevator inspectors shall verify only that an approved box has
been installed and the contents include keys for hoistway access and
elevator recall.
B.Â
The fire lockbox shall contain keys for access to the following areas:
(1)Â
All points of ingress and egress, whether doors are on the interior
or exterior of the building.
(2)Â
Keys for the main entrance to suites;
(3)Â
Padlock keys for personnel and vehicular gates;
(4)Â
Keys for mechanical, plumbing;
(5)Â
Keys for control valves;
(6)Â
Keys for breakaway padlocks;
(7)Â
Keys for fire alarm panels;
(8)Â
Keys for roof hatches;
(9)Â
Keys for phase I and II fire fighter service;
(10)Â
Keys for hoistway access;
(11)Â
Keys for hoistway locking devices;
(12)Â
All common areas of the building which may be secured.
A.Â
An installation whose power supply has been disconnected by removing
fuses and placing a padlock on the mainline disconnect switch in the
"Off" position shall be considered dormant. The car is parked and
the hoistway doors are in the closed and latched position. A wire
seal shall be installed on the mainline disconnect switch by a licensed
elevator inspector. This installation shall not be used again until
it has been put in safe running order and is in condition for use.
Annual inspections shall continue for the duration of the temporary
dormant status by a licensed elevator inspector.
B.Â
"Temporarily dormant" status shall be renewable on an annual basis
and shall not exceed a five-year period. The inspector shall file
a report with the City of Buffalo describing the current conditions.
The wire seal and padlock shall not be removed for any purpose without
permission from the City of Buffalo Elevator Code Enforcement Officer.