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City of Yonkers, NY
Westchester County
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Table of Contents
Table of Contents
A. 
No passenger or freight elevator or escalator shall hereafter be installed or altered in any building without a permit. The owner or lessee or the agent, architect or contractor, or any of them, shall submit to the Department the approval of the State Labor Department, where the same is applicable, and an application, accompanied by plans and drawings in duplicate, showing the proposed construction and mode of operation. If the application is approved by the Department, then a permit shall be issued by the Department. Repairs to elevators may be made without filing a permit application, except when such repairs include a change in the type of elevator or of its motive power or when any change in safety devices or operating mechanism is made.
[Amended 7-18-1996 by L.L. No. 5-1996]
B. 
Every elevator, dumbwaiter, escalator or moving walk device shall be constructed, installed, maintained and operated in compliance with the applicable provisions of the New York Uniform Code.
C. 
No elevator or escalator shall be put in operation unless a certificate of compliance is applied for and issued by the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996]
[Amended 6-11-1991 by L.L. No. 5-1991; 7-18-1996 by L.L. No. 5-1996; 7-18-1996 by L.L. No. 6-1996; 5-10-2005 by L.L. No. 3-2005; 5-22-2007 by L.L. No. 5-2007; 6-20-2009 by L.L. No. 3-2009]
A. 
Fees for a permit to construct or alter any elevator or escalator shall be based on cost and shall be in the amount specified in § 56-19A.
B. 
The fee for a certificate of compliance for each elevator or escalator shall be $200 plus payment of the required fee for permit to operate as described in Subsection C.
[Amended 5-14-2019 by L.L. No. 5-2019]
C. 
No elevator or escalator shall be operated unless an annual permit to operate is issued by the Commissioner. The owner, agent or lessee shall make an application for a permit to operate on a form approved by the Commissioner. A permit to operate shall be issued, provided that all applicable requirements are met and an annual fee of $350 is paid for each elevator and when a five-year test is performed there shall be an additional fee of $400 for each elevator or an annual fee of $400 for each escalator. Said fee(s) shall be paid within 30 days after the billing date. Failure to pay within the required time is a violation of this chapter, and a penalty of $750 shall be required for any payment received after that time. The permit to operate for a newly constructed or altered elevator or escalator issued in the last quarter of the year shall be applied to the next calendar year. The provisions of this subsection shall not apply to and no fee shall be payable in the case of premises solely and exclusively devoted to charitable, religious or educational purposes which are exempt from real property taxes collected by the City of Yonkers.
[Amended 6-26-2012 by L.L. No. 11-2012; 5-14-2019 by L.L. No. 5-2019]
D. 
Auto lifts. The annual fee for the approval to operate all auto lifts within the City of Yonkers shall be $150 for the first auto lift plus $75 for each additional. An application is to be filed in the Department of Housing and Buildings and approved prior to use.
[Amended 5-14-2019 by L.L. No. 5-2019]
E. 
The initial re-inspection fee, and/or inspection fee to clear violation, shall be $250 plus administrative penalty fee of $125 per violation. Each subsequent reinspection fee shall be $500.
[Added 5-14-2019 by L.L. No. 5-2019]
[Amended 7-18-1996 by L.L. No. 5-1996]
Whenever a passenger or freight elevator or escalator is hereafter installed or constructed, it shall be unlawful for the owner or lessee to operate or permit the operation or use of the same until a certificate shall have been obtained from the State Labor Department, where the same is applicable, that such elevator or escalator has been inspected and has been found to be safe. Nothing herein contained shall prevent the temporary use under a certificate issued by the Department of any elevator during construction, provided that a notice is conspicuously posted on or in connection with such elevator to the effect that such elevator has not been officially approved.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Department shall cause an inspection of passenger elevators and escalators to be made at least once in every six months and of freight elevators at least once every 12 months. Upon notice from the Department or its duly authorized representatives, any repairs found necessary to such elevators or escalators shall be made without delay by the owner or lessee; and in case defects are found to exist which in the continued use of such elevator or escalator are dangerous to life or limb, then the use of such elevator or escalator shall cease, and it shall not again be used until a certificate shall be first obtained from the Department that such elevator or escalator has been made safe. After every inspection which shows any elevator or escalator to be safe, in conformity with the requirements of this article, any applicable rules and the provisions of the New York Uniform Code, the Department shall issue a certificate to that effect.
[Amended 7-18-1996 by L.L. No. 5-1996]
Every passenger elevator shall be given a serial number for the purpose of identification. In the case of elevators hereafter installed, such serial number shall be assigned when the first certificate is issued and, in the case of existing elevators, as soon as inspection can be made for that purpose. A docket of all passenger elevators shall be kept, giving under the corresponding serial number a description of its location sufficient for identification, together with such other information as type of construction, motive power, rise, rated speed, inspection, etc., as the Department may deem desirable. The owner or lessee or agent of either shall cause such number, together with the capacity of the elevator, to be attached or posted in the elevator car in the manner prescribed by the Commissioner. The size and material of the sign bearing the identification number, together with the capacity of the elevator and its location, shall be approved by the Commissioner. The most recent certificate of inspection shall be posted in the motor room in a manner and place approved by the Commissioner.
[Amended 7-18-1996 by L.L. No. 5-1996]
The owner or lessee or person in charge of any passenger or freight elevator or escalator shall immediately notify the Department of each and every accident to a person or damage to apparatus on or about or in connection with such elevator or escalator and shall afford the Department or its representatives every facility for investigating such accident or damage. The Department shall, without delay, after being notified, make an investigation and shall place on file with the Commissioner a full and complete report of such investigation. Such report shall give in detail all material facts and information available and the cause or causes, so far as they can be determined, and shall be open to public inspection at all reasonable hours. When an accident involves the failure or destruction of any part of the construction or operating mechanism of a passenger elevator or escalator, said passenger elevator or escalator shall not be used until it has been made safe, and the Department may, if deemed necessary, order the discontinuance of the same until a certificate has been issued by the Department for its use. No part of the damaged construction or operating mechanism shall be removed from the premises until permission to do so has been granted by the Department or its representative.
Effective January l, 1972, all passenger elevators in any building within the City of Yonkers shall be equipped with a mirror, which shall be securely fastened in the upper corner opposite the elevator entrance so that, prior to entry, any passenger shall have a full view of the interior of the elevator. It shall be the duty of the landlord of any building in which a passenger elevator is located to comply with this section.
[Added 5-14-2019 by L.L. No. 5-2019]
A. 
No person shall engage within the City of Yonkers in the business of elevator or escalator installation or in the business of elevator or escalator maintenance without having obtained from the Commissioner a license to conduct such business. Such license shall not be issued until after application therefor has been approved by the Commissioner. Application for a license shall be made on forms prescribed and furnished by the Commissioner, who shall examine such applicant at such time and place as he shall designate as to his qualifications and competency to ensure compliance with the terms of this chapter and other applicable law.
B. 
The examination shall be conducted by the Commissioner or an agent or representative designated by him and shall be practical and elementary in character but sufficient to test the qualifications of the applicant in the most approved methods in connection with said business. Such license shall not be transferable and may be revoked by the Commissioner if the licensee violates any of the provisions of this chapter. When a license is revoked, a new license shall not be granted to the same licensee for at least 90 days.
C. 
The initial fee for such license shall be $1,200 to be paid to the Comptroller, and the license shall expire on the last day of June of the calendar year following the date of issuance. The fee for each annual renewal of such license shall be $600. If such renewal fee is paid after the expiration date, then a late fee of $500 will be assessed for a period of 60 days from the expiration date, after which a licensee must pay the initial fee of $500.