As used in this chapter, the following terms
shall have the meanings indicated:
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]
American Society of Mechanical Engineers.
[Added 1-18-2022 by Ord. No. 2022-12]
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.
The document issued by the Commissioner which certifies each
conveyance defined herein as being in operating order and in compliance
with this chapter.[3]
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]
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.
Any elevator, escalator or other device as defined in ASME
A17.1.
[Amended 1-18-2022 by Ord. No. 2022-12[4]]
Any installation or alteration of a conveyance certified
by the City prior to the effective date of this chapter.
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]
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]
A person witnessing tests and conducting inspections on conveyances.
[Amended 6-15-1993 by Ord. No. 93-185]
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]
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.
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.
An installation whose power feed lines have been disconnected
from the mainline disconnect switch and:
[Amended 3-22-2011 by Ord. No. 2011-58]
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.
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.
An escalator or moving walk whose entrances have been permanently
barricaded.
The replacement of existing work with the same or like materials
used in the existing work.
Any unauthorized use or alteration of a conveyance.
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.
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.
