City of Albany, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Albany 3-15-1999 by Ord. No. 60.121.98.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 133.
Commercial standards — See Ch. 151.
Electricity — See Ch. 171.
Fire prevention — See Ch. 197.
Housing — See Ch. 231.
[1]
Editor's Note: This ordinance repealed former Ch. 175, Elevators, adopted 7-18-1983 by L.L. No. 2-1983 as Ch. IXA of the 1983 Code. Said ordinance also stated that it shall take effect 30 days after it shall become law.
A. 
Except as otherwise expressly provided, the following words, whenever used in this chapter, shall have the following meanings:
ADMINISTRATOR
The Director of the Division of Buildings and Codes in the Department of Fire, Emergency and Building Services.
CONVEYANCE
Any elevator, dumbwaiter, escalator, moving sidewalk or wheelchair lift, including vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chair lifts.
DORMANT ELEVATOR, DUMBWAITER or ESCALATOR
An elevator or dumbwaiter 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 disconnected or a hydraulic elevator whose operating fluid (oil, water, etc.) has been removed from the system and the supply line broken and capped.
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 American Society of Mechanical Engineers (ASME) A17.1.
ELEVATOR INSPECTOR
Any person who possesses an elevator inspector's license in accordance with the provisions of this chapter and who is engaged in the business of inspecting elevators or related mechanisms covered by this chapter.
ELEVATOR INSTALLER
Any person who possesses an elevator installer's license 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.
ESCALATOR
A power-driven, inclined, continuous stairway used for raising or lowering passengers.
INSPECTOR'S LICENSE
A license which is issued to an elevator inspector who has proven his or her qualifications and ability and has been authorized by the Administrator 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.
INSTALLER'S LICENSE
A license which is issued to an elevator installer who has proven his or her qualifications and ability and has been authorized by the Administrator 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 mechanisms covered by this chapter.
LICENSE
A written license, duly issued by the Administrator, authorizing a person, firm or company to carry on the business of either erecting, constructing, installing, altering, servicing, repairing or maintaining or performing inspections of elevators and other related mechanisms covered under this chapter.
LICENSEE
The elevator inspector and/or elevator installer.
LIMITED INSTALLER'S LICENSE
A written license duly issued by the Administrator authorizing a person, firm or company to carry on the business of erecting constructing, installing, altering, servicing, repairing or maintaining vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chair lifts within any building or structure, including but not limited to private residences. The aforementioned wheelchair lifts and chair lift must conform to the requirements of ASME A17.1, Part XX, Sections 2000-2002, and may not exceed 10 feet nor penetrate a floor for private residences and conform to the requirements of ASME A17.1, Part XXI, Sections 2100-2102, and may not exceed 12 feet nor penetrate a floor for conveyances other than in private residences.
MATERIAL ALTERATION
Includes 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 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.
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 ASME A17.1.
PENETRATE A FLOOR
To pass through or pierce a floor in such a way that the rectangular opening has four contiguous sides.
PRIVATE RESIDENCE
A separate dwelling or a separate apartment in a multiple dwelling which is occupied only by members of a single-family unit.
STOP
The level at which passengers or freight can enter or exit the car.
B. 
All other vertical transportation terms are defined in the most current edition of ASME A17.1.
C. 
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.
A. 
No person, firm or company shall erect, construct, alter, install, service, repair, replace, maintain, remove or dismantle any conveyance contained within buildings or structures within the City of Albany or structurally a part thereof unless an installer's license has been issued as described herein or working under the direct day-to-day supervision of a person, firm or company who is licensed pursuant to this chapter. A licensed installer is not required for removing or dismantling dormant conveyances or 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. 
No person, firm or company shall inspect any conveyance contained within buildings or structures, including but not limited to private residences, within the City of Albany or structurally a part thereof unless an inspector's license has been issued as described herein.
A. 
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 Albany shall make application for a license to install or service elevators with the Administrator on a form to be provided by the Administrator.
B. 
Any person, firm or company wishing to engage in the business of elevator, dumbwaiter, escalator or moving sidewalk, vertical wheelchair lift, inclined wheelchair lift or inclined stairway chair lift inspections within the City of Albany shall make application for a license to inspect elevators with the Administrator on a form to be provided by the Administrator.
C. 
Any person, firm or company wishing to engage in the business of elevator, dumbwaiter, escalator or moving sidewalk, vertical wheelchair lift, inclined wheelchair lift or inclined stairway chair lift installation, alteration, service, replacement or maintenance within the City of Albany shall make application for a limited installer's license with the Administrator on a form to be provided by the Administrator.
D. 
Said applications shall contain information for the following provisions:
(1) 
If a person, the name, residence and business address of the applicant.
(2) 
If a partnership, the name, residence and business address of each partner.
(3) 
If a domestic corporation, the name and business address of the corporation and the name and residence 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 or of official notices.
(4) 
The number of years the applicant has engaged in the business of installing, inspecting and/or maintaining or servicing elevators.
(5) 
The approximate number of persons, if any, to be employed by the applicant and, if applicable, satisfactory evidence that employees are or will be covered by workers' compensation insurance.
(6) 
Satisfactory evidence that the applicant is or will be covered by general liability, personal injury and property damage insurance.
(7) 
Criminal record, if any, as verified by the Commissioner of Police.
(8) 
Such other information as the Administrator may require.
No such license shall be granted to any person, firm or company unless he, she or it shall prove to the satisfaction of the Administrator that he/she or it can meet the current ANSI/ASME QEI standard for the qualification of elevator inspectors or other relevant criteria established by the Administrator which evaluates the qualifications of elevator installers and/or inspectors herein. If the applicant is found by the Administrator to be qualified, the Administrator shall grant a license. Licenses shall be issued for one year.
[Amended 5-19-2008 by Ord. No. 25.42.08]
The following fees shall be paid by the applicant prior to the issuance of any license or permit required herein:
A. 
Permit application fees; replacement elevators.
Value
Fee
Up to $ 1,000
$75
$1,001 to $5,000
$75, plus $13 per $1,000
$5,001 to $10,000
$115, plus $8 per $1,000
Over $10,000
$150, plus $6 per $1,000
B. 
Registration fees (annual).
Type
Fee
Traction/drum elevators, hydraulic elevators and escalators
$125
Dumbwaiters, conveyors, sidewalk elevators
$75
Casket lifts, auto lifts and miscellaneous hoisting equipment
$75
C. 
License fees (installers/inspectors) (annual): $250.
A license issued pursuant to this chapter may be suspended or revoked by the Administrator upon certification that any one or more of the following reasons exist:
A. 
Any false statement as to material matter in the application.
B. 
Fraud, misrepresentation or bribery in securing a license.
C. 
Violation of any provision of this chapter.
No license shall be suspended or revoked until after a hearing before the Administrator 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 the hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The Administrator 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 of Zoning Appeals within 30 days thereafter. The Board shall, within 30 days after such hearing, issue a decision.
Within 30 days after the effective date of this chapter, the owner or lessee of every existing conveyance shall register with the Administrator each such elevator, dumbwaiter and escalator owned or operated by him, giving type, rated load and speed, name of manufacturer, its location and the purpose for which it is used and such other information as the Administrator may require. Elevators, dumbwaiters, escalators and moving sidewalks or other conveyances, the erection of which is begun subsequent to the effective date of this chapter, shall be registered within not more than seven days after they are completed and placed in service.
A. 
It shall be the responsibility of individuals, firms or companies licensed as described herein to ensure that installation and/or service and maintenance of elevators is performed in compliance with provisions contained in Part 1062 of the New York State Uniform Fire Prevention and Building Code and/or in accord with generally accepted standards referenced in Part 1250.3 of said code and to be prepared to certify such compliance.
B. 
Whenever a provision of this chapter is found to be inconsistent with any provision of applicable local or state law, code or regulation, the state law shall prevail. This chapter is not intended to establish more stringent or more restrictive standards than standards set forth in applicable state law.
No conveyance shall be erected, constructed, installed or materially altered within buildings or structures within the City of Albany unless a construction permit has been obtained from the Division of Building and Codes 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 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.
A. 
Installations; certificate of operation required. All new conveyance installations must 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 to the owner and/or the Administrator compliance with all applicable sections of this chapter. Prior to any conveyance being used, a certificate of operation must be obtained from the Administrator by the property owner or manager for each newly installed conveyance. The required fee as set forth in this chapter shall be paid for said certificate of operation. The certificate of operation fee for newly installed wheelchair lifts and inclined stairway chair lifts for private residences shall be waived upon proof to the satisfaction of the Administrator or his designee that the lift otherwise meets the requirements of this chapter.
B. 
Semiannual inspections; certificate of operation required. All conveyances existing in any building or structure must be inspected semiannually 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 to the owner and/or the Administrator compliance with applicable sections of this chapter and, prior to use, a certificate of operation must be obtained by the property owner or manager from the Administrator in accordance with the fees set forth therein. The certificate of operation fee for existing wheelchair lifts and inclined stairway chair lifts for private residences and any renewal certificate fees shall be waived. The Administrator or his designee shall inspect, in accordance with the fees set forth therein, 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 install or service conveyances has been issued.
C. 
Display of certificate of operation. Certificates of operation referenced in Subsections A and B above are renewable annually except for certificates issued for wheelchair lifts and inclined stairway chair lifts for private residences, which shall be valid for a period of three years. Certificates of operation must be clearly displayed on each elevator or in the elevator maintenance room for use for the benefit of City code enforcement staff.
A. 
Any person, firm or corporation who shall install, service, repair, replace or maintain any conveyance contained within buildings or structures within the City of Albany shall submit to the Administrator 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 for any number of persons in any one occurrence, with coverage of at least $500,000 for property damage in any one occurrence and the statutory workers' compensation insurance coverage.
B. 
Any person, firm or corporation who shall inspect any conveyance contained within buildings or structures within the City of Albany shall submit to the Administrator 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 $2,000,000 for injury or death for any number of persons in any one occurrence, with coverage of at least $500,000 for property damage in any one occurrence and the statutory worker's compensation insurance coverage.
C. 
Such policies, or duly certified copies thereof, or an appropriate certificate of insurance, approved as to form and sufficiency by the Corporation Counsel, shall be delivered to the Administrator before or at the time of issuance of a license. In the event of any material alteration or cancellation of any policy, at least 30 days' notice thereof shall be given to the Administrator, City Hall, Albany, New York 12207.
It shall be the duty of the Administrator to develop an enforcement program which will ensure compliance with regulations and requirements set forth herein. This will include but 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 in order to ensure satisfactory performance by licensed individuals, firms or companies; and assisting in development of public awareness programs during the initial licensing period subsequent to enactment of this chapter and as warranted thereafter. Within 30 days following the one-year anniversary of the enactment of this chapter, the Administrator shall report to the Common Council on its implementation and operation.
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 elevators or other related mechanisms covered by this chapter for damages to person or property caused by any defect therein, nor does the City of Albany 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.