[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Editor's Note: This ordinance repealed former Ch. 175, Elevators,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.
ADMINISTRATOR
CONVEYANCE
DORMANT ELEVATOR, DUMBWAITER or ESCALATOR
ELEVATOR
ELEVATOR INSPECTOR
ELEVATOR INSTALLER
ESCALATOR
INSPECTOR'S LICENSE
INSTALLER'S LICENSE
LICENSE
LICENSEE
LIMITED INSTALLER'S LICENSE
MATERIAL ALTERATION
MOVING SIDEWALK
PENETRATE A FLOOR
PRIVATE RESIDENCE
STOP
Except as otherwise expressly provided, the following
words, whenever used in this chapter, shall have the following meanings:
The Director of the Division of Buildings and Codes in the Department
of Fire, Emergency and Building Services.
Any elevator, dumbwaiter, escalator, moving sidewalk or wheelchair
lift, including vertical wheelchair lifts, inclined wheelchair lifts and inclined
stairway chair lifts.
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.
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.
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.
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.
A power-driven, inclined, continuous stairway used for raising or
lowering passengers.
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.
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.
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.
The elevator inspector and/or elevator installer.
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.
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.
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.
To pass through or pierce a 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 only by members of a single-family unit.
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:
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.
