As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION
Any major change made on existing equipment other than the repair or replacement of damaged, worn or broken parts necessary for normal operation and maintenance.[1]
ASME
American Society of Mechanical Engineers.
[Added 1-18-2022 by Ord. No. 2022-12]
ASME A17.1
The edition of the ASME Safety Code for Elevators and Escalators, as supplemented by published amendments and additions as referenced by the New York State Uniform Fire Prevention and Building Code.
[Amended 10-21-2003 by Ord. No. 2003-342; 1-18-2022 by Ord. No. 2022-12[2]]
CERTIFICATE OF INSPECTION
The document issued by the Commissioner which certifies each conveyance defined herein as being in operating order and in compliance with this chapter.[3]
COMMISSIONER
The Commissioner of Neighborhood and Business Development of the City of Rochester or the Commissioner's duly designated representative.
[Amended 6-16-2009 by Ord. No. 2009-179]
CONDITIONAL CERTIFICATION
A document issued by the Commissioner which allows for use of a noncompliant conveyance by the general public for a limited time while repairs are being completed.
CONVEYANCE
Any elevator, escalator or other device as defined in ASME A17.1.
[Amended 1-18-2022 by Ord. No. 2022-12[4]]
EXISTING INSTALLATION
Any installation or alteration of a conveyance certified by the City prior to the effective date of this chapter.
INSPECTION CERTIFICATION
A form completed by a licensed inspector certifying the periodic safety tests and inspections of a conveyance which is filed at required intervals with the Commissioner by the owner, lessee or occupant of any building or structure.[5]
INSPECTION REPORT
The report of a conveyance inspection performed by a licensed inspector certifying full use of the pieces of equipment and designating that the equipment is maintained in operative condition, ready for service at all times.
[Amended 1-18-2022 by Ord. No. 2022-12]
INSPECTOR
A person witnessing tests and conducting inspections on conveyances.
[Amended 6-15-1993 by Ord. No. 93-185]
INSTALL
To erect, construct, install, alter, maintain, repair and/or replace conveyances in the City of Rochester.[6]
[Added 6-15-1993 by Ord. No. 93-185]
LICENSED
Describing an occupation, business or category of work or inspection of conveyances that is performed by an individual or business that possesses the appropriate classification of the state license required by Article 33 of the NYS Labor Law.
[Amended 3-22-2011 by Ord. No. 2011-58; 1-18-2022 by Ord. No. 2022-12[7]]
NEW INSTALLATION
Any conveyance not previously certified by the Commissioner or an existing conveyance which has been moved to a new location subsequent to the effective date of this chapter.
SECURED INSTALLATION
An installation whose power feed lines have been disconnected from the mainline disconnect switch and:
[Amended 3-22-2011 by Ord. No. 2011-58]
A. 
An electric elevator, dumbwaiter, or material lift whose suspension ropes have been removed, whose car and counterweight rest at the bottom of the hoistway, and whose hoistway doors have been permanently barricaded or sealed in the closed position on the hoistway side.
B. 
An hydraulic elevator, dumbwaiter or material lift whose car rests at the bottom of the hoistway; whose pressure piping has been disassembled and a section removed from the premises; whose hoistway doors have been permanently barricaded or sealed in the closed position from the hoistway side; suspension ropes removed and counterweights, if provided, landed at the bottom of the hoistway.
C. 
An escalator or moving walk whose entrances have been permanently barricaded.
SIMPLE REPAIR
The replacement of existing work with the same or like materials used in the existing work.
TAMPERING
Any unauthorized use or alteration of a conveyance.
TEMPORARILY OUT OF SERVICE
A conveyance which is locked at the top floor with its disconnect pulled and car and hoistway doors closed. Such a conveyance may remain out of service for not more than one year with inspections occurring in accordance with this code.
TEMPORARY USE PERMIT
A document issued by the Commissioner which allows for use of a noncompliant conveyance prior to certification for use by the general public.
[1]
Editor's Note: The former definition of "abandoned license/registration," which immediately preceded this definition, and the former definition of "ANSI," which immediately followed this definition, were repealed 1-18-2022 by Ord. No. 2022-12.
[2]
Editor's Note: This ordinance also repealed the former definition of "Board," which immediately followed this definition.
[3]
Editor's Note: The former definition of "certificate of registration," as amended, which immediately followed this definition, was repealed 1-18-2022 by Ord. No. 2022-12.
[4]
Editor's Note: This ordinance also repealed the former definition of "elevator mechanic," added 2-15-1994 by Ord. No. 94-45, which immediately followed this definition.
[5]
Editor's Note: The former definition of "inspection company," added 8-21-2012 by Ord. No. 2012-325, was repealed 1-18-2022 by Ord. No. 2022-12.
[6]
Editor's Note: The former definitions of "installer," as amended, "lapsed license/registration," and "late license/registration," which immediately followed this definition, were repealed 1-18-2022 by Ord. No. 2022-12.
[7]
Editor's Note: This ordinance also repealed the former definition of "mechanic," added 6-15-1993 by Ord. No. 93-185, which immediately followed this definition.
[Added 1-18-2022 by Ord. No. 2022-12[1]]
Businesses and individuals that engage in design, construction, installation, inspection, testing, maintenance, alteration, service, and repair of conveyances shall possess the appropriate classification of state license that is required by Article 33 of the NYS Labor Law.
[1]
Editor's Note: This ordinance also repealed former § 50-4, Elevator Examining Board.
[Amended 2-14-2006 by Ord. No. 2006-22; 6-16-2009 by Ord. No. 2009-179; 8-21-2012 by Ord. No. 2012-325; 1-18-2022 by Ord. No. 2022-12]
In addition to the powers and duties set forth in §§ 10-2A and 10-7 of the Charter of the City of Rochester and Chapter 39 of the Municipal Code, the Commissioner of Neighborhood and Business Development shall have the authority and responsibility to:
A. 
Enforce all provisions of applicable state, county and local laws, ordinances and regulations regulating the installation, reinstallation or alteration of conveyances in the City.
B. 
Provide for the orderly administration of all applicable state, county and local laws, ordinances and regulations regulating the installation, reinstallation or alteration of conveyances in the City. This administration shall include the receiving of applications, reviewing of plans and specifications and issuing of permits for all work performed in the City which is regulated by this chapter, for the purpose of ensuring compliance with all applicable laws, ordinances and regulations. The Commissioner shall review plans and specifications with specific emphasis on the appropriate code's public health and life safety provisions.
C. 
Make all inspections which are necessary or proper for the carrying out of these duties, except that the Commissioner may accept written reports of inspections from other qualified employees of the Department or may, in the Commissioner's discretion, accept and rely on written reports by a licensed inspector.
D. 
Maintain records of the Department's activities, including applications for permits, permits issued, fees collected, inspection reports, notices and orders issued and certificates issued.
E. 
Based on information derived from the implementation of this chanter, notify the state licensing agency when:
(1) 
A licensed business or individual performs conveyance work or proffers an inspection that materially violates, or authorizes a material violation of, this chapter, the New York State Uniform Fire Prevention and Building Code, including Chapter 30 of the Building Code of New York State, Section 606 of the Property Maintenance Code of New York State and ASME A17.1, and any code or standard contained or referenced therein; or
(2) 
A business or individual performs conveyance work or proffers an inspection report without possessing a valid state license required by Article 33 of the NYS Labor Law.
The individual or business that is the subject of the notification to the state licensing agency shall be provided with a copy immediately by first-class mail with delivery confirmation to the subject's last known mailing address.
[Amended 10-21-2003 by Ord. No. 2003-342; 1-18-2022 by Ord. No. 2022-12]
A. 
Objective. It is the intent of this section to provide a definite and orderly administrative appeal process which will prevent unnecessary delay or litigation.
B. 
Procedure.
(1) 
An owner or owner's agent may appeal the Commissioner's decision or interpretation involving this chapter by requesting a hearing before the Commissioner by filing a written request within 30 days after the Commissioner's decision or interpretation. The Commissioner shall conduct a hearing within 15 days of receipt of the appeal and render a decision within 15 days of completing the hearing. If no decision is rendered within that time, the appeal will be deemed denied.
(2) 
If the Commissioner decides against the appellant or the appeal is deemed denied, the appellant may appeal within 30 days of the decision or expiration of the decision deadline by filing a petition with the Supreme Court, State of New York, pursuant to Article 78 of the Civil Practice Law and Rules, unless the appeal requests a variance or interpretation of the New York State Uniform Fire Prevention and Building Code. In the latter event, the appellant shall appeal to a New York State Board of Review, in accordance with § 381 of the NYS Executive Law and regulations set forth in Title 19 NYCRR, Part 1205.