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Village of Malverne, NY
Nassau County
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Table of Contents
Table of Contents
A. 
Every elevator, escalator, freight conveyor or amusement device within the Village of Malverne, in addition to conforming to all provisions of the Labor Law, Building Code or other laws or ordinances as are applicable thereto, shall comply with the requirements of the rules outlined in the New York State Building Code.
B. 
Existing and future installations shall at all times be maintained by the owner in a safe condition and in conformity with the requirements of the rules of the New York State Building Code.
As used in this article, the following terms shall have the meanings indicated:
ALTERATION
Includes any essential change to the elevator car, counterweights, rails, machinery, safeties or other equipment or direct motive power, except that any repair work made necessary by the ordinary operation of the elevator shall not be deemed an alteration.
AMUSEMENT DEVICE
Includes all mechanically operated devices which are used to convey persons in any direction as a form of amusement.
DUMBWAITER
Shall apply to such special form of freight elevator, whether power-driven or manually operated, the dimensions of which do not exceed nine square feet in horizontal section nor four feet in height.
ELEVATOR
Any device within or in connection with a building or structure used for carrying persons or things upward or downward.
ESCALATOR
Shall apply to a moving, continuously inclined stairway or runway designed for elevating or lowering passengers.
EXISTING INSTALLATIONS
Shall apply to an elevator, machinery or equipment used in connection therewith, either already installed, in process of installation or for which plans are on file with the Superintendent of Buildings prior to August 26, 1918.
FREIGHT CONVEYOR
Shall apply to a device used for elevating or lowering freight in a vertical or inclined direction on a continuously moving carrier, without the services of an operator thereon.
FREIGHT ELEVATOR
Includes any elevator designed and used for the carrying of things and of such persons only as are necessary for its safe operation or the handling of things carried by it.
FUTURE INSTALLATIONS
Shall apply to any elevator, machinery or equipment used in connection therewith installed after these rules become effective.
HAND-POWER ELEVATOR
Shall apply to such forms of passenger or freight elevators which are manually operated, the dimensions of which exceed nine square feet in horizontal section.
PASSENGER ELEVATOR
Includes any elevator designed and used for carrying persons, other than those necessary for its safe operation or for the handling of things carried by it.
POWER-DRIVEN ELEVATOR
Shall apply to any form of elevator except those operated by hand power, gravity in both directions or through friction grip on the pull rope.
SIDEWALK-TYPE ELEVATOR
Shall apply to such special form of freight elevator, either power-driven or manually operated, the platform of which does not exceed 50 square feet in area and is suspended or supported at one or more points on the underside.
No passenger or freight elevator shall hereafter be installed or altered in any building nor shall any amusement device be hereafter constructed or altered until the owner or lessee, or agent, architect or contractor of either shall have submitted to the Superintendent of Buildings, in such form as the Superintendent of Buildings may prescribe, an application accompanied by plans and drawings showing the proposed construction and mode of operation, and such application has been approved by the Superintendent and a permit has been issued by him. Repairs to elevators and amusement devices may be made without filing such 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.
Whenever a passenger or freight elevator or an amusement device 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 Superintendent of Buildings that such elevator or amusement device has been inspected and has been found to be safe. The Superintendent of Buildings shall, within a reasonable time after being requested to do so, inspect or cause to be inspected any elevator or amusement device hereafter installed or constructed, and if the same is found to be safe and in conformity to the requirements of this article and the rules adopted hereunder, shall issue a certificate to that effect. Nothing herein contained shall prevent the temporary use, under a certificate issued by the Superintendent of Buildings, of any elevator during construction, provided a notice is conspicuously posted on or in connection with such elevator to the effect that such elevator has not been officially approved.
Every passenger elevator shall be given a serial number for purposes 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, a type of construction, together with such other information as the Superintendent of Buildings may deem desirable, such as type of construction, motive power, rise, rated speed, inspection, etc. The owner or lessee or agent of either shall cause such number, together with the most recent certificate of inspection, to be attached or posted in the elevator car in the manner prescribed in the rules.
The Superintendent of Buildings shall cause an inspection of all passenger elevators to be made at least once in every three months, and of freight elevators and amusement devices at least twice in each year. Upon notice from the Superintendent of Buildings, or his duly authorized representative, any repairs found necessary to such elevators or amusement devices shall be made without delay by the owner or lessee and, in case defects are found to exist in the continued use of such elevator or amusement device as are dangerous to life or limb, then the use of such elevator or amusement device shall cease, and it shall not again be used until a certificate shall be first obtained from said Superintendent of Buildings that such elevator or amusement device has been made safe. After every inspection which shows any elevator or amusement device to be safe and in conformity with the requirements of this article and the rules adopted hereunder, the Superintendent of Buildings shall issue a certificate to that effect.
It shall be unlawful for any person, other than the operator or those necessary to handle freight, to ride on, or for the owner or lessee of any elevator knowingly permit any person to ride on, any elevator other than a passenger elevator. Every freight elevator shall have a notice posted conspicuously thereon as follows: "This is not a passenger elevator. It is unlawful for any person other than the operator or those necessary to handle freight to ride on this elevator."
Except as may be specifically provided in any other law or ordinance, every passenger elevator, except full automatic push-button elevators and escalators, must be in charge of a competent operator of reliable and industrious habits, not less than 18 years of age, with sufficient previous experience in running an elevator under the instruction of a competent person. No operators of amusement devices known as electrically operated scenic railroads shall be employed who have not attained the age of 21 years and who have not secured a certificate of competency from the Superintendent of Buildings. If the Superintendent shall find that the person engaged in running an elevator is incompetent or not qualified, the owner or lessee of such elevator shall, upon notice from the Superintendent of Buildings, at once discontinue the operation of such elevator by such operator. No person shall employ or permit any person to operate any passenger elevator who does not possess the qualifications prescribed therefor by this or any other law.
The owner or lessee, or person in charge of any passenger or freight elevator or amusement device shall immediately notify the Superintendent of Buildings of each and every accident to a person or damage to apparatus on, about or in connection with such elevator or amusement device, and shall afford the Superintendent of Buildings or his representative every facility for investigating such accident or damage. The Superintendent of Buildings shall, without delay, after being notified, make an investigation, and shall place on file in the Department of Buildings 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 amusement device, said passenger elevator or amusement device shall not be used until it has been made safe, and the Superintendent of Buildings may, if deemed necessary, order the discontinuance of the same until a certificate has been issued by him for its use, but 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 Superintendent of Buildings or his representative.
A. 
In making alterations to existing installations, the parts changed or altered must conform in every respect to the rules governing future installations, and where parts of the elevator are damaged from any cause, the damaged parts must be completely renewed, at the discretion of the Superintendent of Buildings.
B. 
Where hand-power elevators are changed to power-driven elevators, they shall conform to every rule governing power-driven elevators, except in accordance with the state codes.
A. 
In future, no freight elevator shall be used for passenger service unless such elevator conforms to the rules governing future installations of passenger elevators insofar as they relate to safety equipment, hoist ropes, carrying capacity, car enclosures, including gates and emergency exit shaft openings and doors and motive power.
B. 
In existing installations where such change of classification is made and the hatchway is unenclosed, a substantial enclosure of lawful partitions extending from floor to ceiling and flush with the hatchway shall be constructed, with all openings protected by proper shaft doors.