The purpose of this chapter is to provide reasonable safety for life
and limb in the use of elevators and other conveyances by overseeing the regulation
of their installation, alteration and operation.
Except as may be otherwise provided by statute, the provisions of this
chapter shall control the regulation, installation and operation of all elevators
and other conveyances located at a fixed location in all buildings and structures
for more than 30 days. The provisions of this chapter shall not apply to portable
elevating devices located and operated entirely within one story. All such
equipment shall be constructed, operated and maintained in compliance with
accepted engineering practice.
Except as otherwise expressly provided, the following words, wherever
used in this chapter, shall have the following meanings:
ADMINISTRATOR
The head of the Department of Buildings or such Department head's
designee authorized by the Town of Greenburgh to issue building permits.
CHAIR LIFT
A type of conveyance and its related mechanisms used to assist physically
handicapped individuals in gaining access to exterior and interior portions
of a building by vertical or inclined wheelchair lift or inclined stairway
chair lift.
CHAIR LIFT INSTALLER
Any person who has proven to have the necessary qualifications and
ability to erect, construct, install, alter, service, repair or maintain vertical
wheelchair lifts, inclined wheelchair lifts and inclined stairway chair lifts
within any building or structure, including but not limited to private residences,
and who possesses a chair lift installer's permit in accordance with the provisions
of this chapter and is engaged in the business of installing chair lifts or
related mechanisms covered by this chapter, but is not engaged in the business
of inspecting the erection, construction, installation, alteration, service,
repair or maintenance of chair lifts in the Town of Greenburgh.
CHAIR LIFT INSTALLER'S PERMIT
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to install chair lifts in the Town of Greenburgh.
CONVEYANCE
Any elevator, dumbwaiter, escalator, moving sidewalk or chair lift,
including vertical wheelchair lifts, inclined wheelchair lifts and inclined
stairway chair lifts, and its related mechanisms located at a fixed location
for more than 30 days.
CONVEYANCE INSPECTOR
Any person who has proven to have the necessary qualifications and
ability to perform inspections of the erection, construction, installation,
alteration, service, repair or maintenance of conveyances, including but not
limited to private residences, and who possesses a conveyance inspector's
permit in accordance with the provisions of this chapter and is engaged in
the business of inspecting conveyances covered by this chapter, but is not
engaged in the business of erecting, constructing, installing, altering, servicing,
repairing or maintaining conveyances in the Town of Greenburgh.
CONVEYANCE INSPECTOR'S PERMIT
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to inspect conveyances in the Town of Greenburgh.
DORMANT ELEVATOR, DUMBWAITER OR ESCALATOR
An elevator, dumbwaiter or escalator whose cables have been removed,
whose car and counterweight rest 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 removed or a hydraulic elevator whose
operating fluid (oil, water, etc.) has been removed from the system and the
supply line broken and capped.
DUMBWAITER
A nonpassenger hoisting and lowering mechanism which serves two or
more landings. For the purpose of this chapter, the term "dumbwaiter" shall
also include hoistways, hoistway enclosures, hoistway doors or gates giving
entrance thereto and the dumbwaiter machinery enclosures.
ELEVATOR
A hoisting and lowering mechanism equipped with a car or platform
which moves in guide rails and serves two or more landings as described in
ASME/ANSI and its related devices. For the purpose of this chapter, the term
"elevator" shall also include hoistways, hoistway enclosures, hoistway doors
or gates giving entrance thereto and the elevator machinery enclosures.
ELEVATOR INSTALLER
Any person who possesses an elevator installer's permit in accordance
with the provisions of this chapter and who is engaged in the business of
erecting, constructing, installing, altering, servicing, repairing or maintaining
elevators or related mechanisms covered by this chapter, but is not engaged
in the business of inspecting elevators in the Town of Greenburgh.
ELEVATOR INSTALLER'S PERMIT
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to install elevators in the Town of Greenburgh.
ELEVATOR/CONVEYANCE BUILDING PERMIT
A written permit, duly issued by the administrator, authorizing a
person, individually or acting under a business entity, to erect, construct,
install or materially alter elevators or other conveyances at a specified
location.
ESCALATOR
A power-driven, inclined, continuous stairway and its related devices
used for raising or lowering passengers.
FIRE SERVICE FUNCTION
The Emergency Operation described in the New York State Building
and Fire Prevention Code § 1062.7(b) and as subsequently amended
or replaced by the State of New York shall also be referred to as the "fire
service function." A Yale No. 2642 keyed lock shall be the only fire service
method for overriding normal operating controls and is deemed the only suitable
key for use by the Fire Department or other authorized personnel.
LIMITED CONVEYANCE INSTALLER
Any person who has proven to have the necessary qualifications and
ability to erect, construct, install, alter, service, repair or maintain conveyances
other than elevators and chair lifts, including but not limited to private
residences, and who possesses a conveyance installer's permit in accordance
with the provisions of this chapter and is engaged in the business of installing
conveyances covered by this chapter, but is not engaged in the business of
inspecting the erection, construction, installation, alteration, service,
repair or maintenance of conveyances in the Town of Greenburgh.
LIMITED CONVEYANCE INSTALLER'S PERMIT
A written permit, duly issued by the administrator, which shall entitle
the holder thereof to install conveyances other than elevators and chair lifts
in the Town of Greenburgh.
MATERIAL ALTERATION
A material alteration shall include, but is not limited to: an increase
in rated load or speed; an increase in dead weight of a 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; or a change in
type of operation in hydraulic elevators or a change in type of control.
MOVING SIDEWALK
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 Article 17.1.
PRIVATE RESIDENCE
A separate residential dwelling or a separate residential unit in
a multiple-dwelling building.
STOP
The level at which passengers or freight can enter or exit the car.
No conveyance inspector's permit shall be granted to any person unless
said person shall prove to the satisfaction of the administrator that all
current ASME/ANSI Qualified Elevator Inspector (QEI) standards for qualification
are met, a certificate has been issued and the necessary experience to perform
inspections is shown. No installer's permit shall be granted to any person
unless said person shall prove to the satisfaction of the administrator that
he or she possesses a working knowledge of current ASME/ANSI standards per
the type of installation to be performed and has the necessary experience
to perform such installation. No person, individually or acting under a business
entity, shall hold both an installer and inspector permit at the same time
in the Town of Greenburgh.
Upon approval of an installer's or inspector's application, the administrator shall issue the appropriate permit. Upon approval, the permit shall be renewable annually. The fee for such permit and for any renewal thereafter shall be determined as set forth in §
100-5 of the Greenburgh Town Code. If an application is made for more than one type of installer's permit, only one fee shall be paid for such permits and any subsequent renewal.
Once a permit or certificate issued pursuant to this chapter is suspended,
a hearing before the administrator shall be scheduled within 30 days of the
date of suspension. Notice to the suspended permit or certificate holder,
served personally or by registered mail, shall be given at least 10 days prior
to the hearing date at the last known address appearing on the permit or certificate
of operation. The notice shall state the date, hour and place of hearing and
set forth a statement of facts constituting the grounds for the suspension
and possible revocation of the permit or certificate. The administrator, within
10 days of said hearing, shall issue a written determination to either revoke
the permit or certificate, to dismiss the proceeding and lift the suspension
on the permit or certificate or, for an elevator/conveyance building permit
or certificate of operation, to continue the suspension until such time as
conditions enumerated in the decision are met.
Within 90 days after the effective date of this chapter, the owner,
lessee or managing agent of every existing elevator or conveyance shall register
with the Town of Greenburgh Department of Building each such elevator or other
conveyance owned or operated by said person(s). The type, rated load and speed,
location, name of manufacturer, number of stories in the building the elevator
or other conveyance services, the purpose for which such elevator or other
conveyance is used and such other information as the administrator may require
shall be provided on the registration form. Elevators and all other conveyances
whose installation or material alteration is commenced after the effective
date of this chapter shall be registered within not more than seven days after
the work is completed and prior to such elevator or other conveyance being
placed in service for use and operation.
The provisions of this chapter, excepting §
170-16, are not retroactive. Any elevator or other conveyance shall be required to comply with the applicable code as of the date of its installation unless, upon inspection of any device covered by this chapter, the equipment is found to be 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 the devices utilized is considered inherently dangerous in the opinion of the administrator. Any subsequent material alteration to an existing elevator or other conveyance is subject to Part 1233 of the New York State Uniform Fire Prevention and Building Code unless the building it is located in has been officially designated as historic.
This chapter shall not be construed to relieve or lessen the responsibility
or liability of any person, acting individually or on behalf of a business
entity, owning, operating, controlling, maintaining, servicing, inspecting,
erecting, constructing, installing, altering, testing or repairing any elevators
or other conveyances covered by this chapter for damages to person or property
caused by any defect therein, nor does the Town of Greenburgh 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 person, acting individually or on behalf of a business entity, who
shall violate any provision 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. Each day that a violation
is found to continue to exist shall constitute a separate violation.
It shall be the duty of the administrator to develop an enforcement
program ensuring compliance with regulations and requirements referenced in
this chapter which includes, but is not limited to, the following: identifying
property locations which are subject to said regulations and requirements;
issuing notifications to violating property owners, operators or managing
agents; overseeing that all required inspections are performed; and assisting
in development of public awareness programs during the initial permitting
period subsequent to enactment of this chapter and as warranted thereafter.