City of Rochester, NY Article IV Inspections, Tests and Violations [1]

[1] Editor's Note: Former Art. IV, Registration of Installers and Inspection Companies, as amended, was repealed 1-18-2022 by Ord. No. 2022-12, which ordinance also redesignated former Art. VIII as this Art. IV and renumbered the sections therein accordingly.

§ 50-9 Filing.

An inspection certification form, with an inspection report, shall be filed with the Commissioner before the last day of the month in which the certificate expires. An inspection certification form shall be filed:

A. For each existing conveyance in any building or structure in the City within the required inspection interval set forth in § 50-15 for each such conveyance.

[Amended 1-18-2022 by Ord. No. 2022-12]

B. For any conveyance in any building or structure in the City which has been installed, constructed or altered.

C. Prior to the subsequent operation and use of any such conveyance which has been placed out of service or secured.

§ 50-10 Inspection time.

[Amended 1-18-2022 by Ord. No. 2022-12]

The inspection certification and inspection report shall be based upon an inspection performed by a licensed inspector within 30 days prior to the date of filing said documents.

§ 50-11 Code violations.

A. If an inspection report is filed which indicates that a code violation exists, the Commissioner shall serve or cause to be served a written notice upon the owner, either personally or by regular mail. The notice shall specify the property address and each conveyance to be repaired and shall require that the repairs listed be performed within the specified time limit from the date of personal service or mailing of the notice. Except in life safety situations, the owner will have 30 days to submit documentation that the conveyance is in compliance with all applicable codes.

B. Where the work or repairs required is in the nature of an emergency, the neglect of which would endanger human life, the equipment shall be sealed temporarily out of service, and such work or repairs shall be ordered to be done at once. After serving such notice, it shall be the duty of the owner to make such repairs or changes as are necessary to place said conveyance in a safe condition.

C. If, upon inspection of any device covered by this code, the equipment is found in a dangerous condition or if 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 devices used is considered inherently dangerous in the opinion of the Commissioner, he or she shall notify the owner as provided herein of such condition and shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition.

[Amended 2-14-2006 by Ord. No. 2006-22]

§ 50-12 Certification of correction of Code violations.

[Amended 1-18-2022 by Ord. No. 2022-12]

Certification from a licensed conveyance installer or a licensed inspector may be submitted as evidence of compliance.

§ 50-13 Fees.

[Amended 6-18-1991 by Ord. No. 91-257; 9-11-1991 by Ord. No. 91-421; 12-21-2004 by Ord. No. 2004-388]

A. Each inspection certification form shall be accompanied by a filing fee of $110 for each conveyance.

[Amended 3-22-2011 by Ord. No. 2011-58; 6-19-2018 by Ord. No. 2018-165]

B. For any conveyance which has not filed for an inspection certificate within the time frame as outlined in § 50-9, there shall be a charge of $75, in addition to the filing fee.

[Amended 1-18-2022 by Ord. No. 2022-12]

§ 50-14 Certificates of inspection.

A. Issuance. The Commissioner shall issue certificates of inspection for conveyances regulated by this chapter within 10 days of the filing of a completed inspection certification form and inspection report for each such conveyance which indicates that the conveyance is in operating order and in compliance with this chapter.

B. Validity. A certificate of inspection shall remain valid for one year from the date of issuance. Such validity shall terminate at an earlier date if the conveyance fails to remain in compliance with the provisions of this chapter and all other applicable laws or upon revocation by the Commissioner as provided herein.

[Amended 3-22-2011 by Ord. No. 2011-58[1]]

[1] Editor's Note: This ordinance provided that it take effect 5-1-2011.

C. Conditional certification. If code violations exist which prevent issuance of an inspection certification but do not involve a life safety concern, a conditional certification may be issued for the conveyance. The conditional certification is valid for 30 days. The Commissioner may permit renewal of the conditional certification up to an additional 30 days if the conveyance owner supplies documentation of unique circumstances which prevent the correction of code violations within the original thirty-day period. A conditional certification can be denied if deemed a life safety concern by the licensed inspector.

D. Inspections. Notwithstanding the existence of a valid certificate of inspection, the Commissioner may cause any conveyance to be inspected as often as may be necessary for the purpose of ascertaining and causing to be corrected any violations of the provisions of the laws to enforce and to ensure safe operation of the conveyance.

E. Revocation. The Commissioner may at any time revoke any valid certificate of inspection for any conveyance which is unsafe, dangerous or in violation of this chapter or any other provisions pertaining to the installation, operation, maintenance or alteration of any conveyance as defined herein.

F. Discontinuance of use. The Commissioner may order temporarily out of service any conveyance which does not have a valid certificate of inspection or which is in an unsafe condition:

(1) Immediately, without notice, for any conveyance in an unsafe condition.

(2) Upon five day's written notice to the owner, by return receipt, for any conveyance which does not have a valid certificate of inspection and is not in an unsafe condition.

G. Retention of certificate. The most current certificate of inspection issued by the Commissioner shall be retained by the owner and shall be made available for inspection during normal business hours upon demand by the Commissioner or his or her designee.

[Amended 3-22-2011 by Ord. No. 2011-58[2]]

[2] Editor's Note: This ordinance provided that it take effect 5-1-2011.

H. Posting of certificate. A copy of the most current certificate of inspection indicating the expiration date shall be posted in the conveyance maintenance room.

[Amended 3-22-2011 by Ord. No. 2011-58]

I. Filing. A record of all certificates of inspection shall be kept in the office of the Commissioner.

§ 50-15 Periodic inspections and tests.

A. Inspections.

(1) Basic requirements. All existing installations of conveyances in any type of building shall be subjected to inspections, in accordance with ASME A17.1, by a licensed inspector at intervals no longer than:

[Amended 1-18-2022 by Ord. No. 2022-12]

(a) Six months for all conveyances, except those located within a dwelling unit of a single- or two-family residence.

(b) An alternate interval required by the Commissioner for any conveyance pursuant to Subsection D herein.

B. Periodic safety tests; basic requirements. All existing installations of conveyances in any type of building (except private residences) shall be subjected to periodic safety tests, in accordance with ASME A17.1 and ASME A18.1. Tests shall be witnessed by a licensed inspector.

[Amended 3-22-2011 by Ord. No. 2011-58; 1-18-2022 by Ord. No. 2022-12]

C. Other tests and repairs.

[Amended 3-22-2011 by Ord. No. 2011-58]

(1) The Commissioner may, as the result of the licensed inspector's report of unsafe conditions, require that:

(a) Additional inspections and/or repairs be made to any conveyance and inspection reports be submitted to the Commissioner within a time specified by the Commissioner.

(b) Full-load overspeed tests be performed on any elevator equipped with car and/or counterweight safeties.

(c) Load tests be performed on any escalator and/or moving walk.

(2) If the load tests required by the Commissioner pursuant to Subsection B herein are not performed within the time prescribed, the Commissioner may cause such tests to be performed, and the costs of such tests will be charged to the owner of the real property as prescribed by § 6-94 of the Charter and § 14-10 of the Code of the City of Rochester.

D. Alternate inspection intervals. The licensed inspector shall submit to the Commissioner by the end of each calendar quarter, or as conditions necessitate, a list of those conveyances inspected by the agency in which conditions indicate an inspection interval more frequent than the intervals set forth in Subsection A(1)(a) and (b) herein to ensure the safe operation of such conveyances. The Commissioner shall review such lists and may, where deemed appropriate, require an alternative inspection interval for any such conveyance.

E. Inspection reports. All inspection reports resulting from inspections required by this section shall be submitted electronically or otherwise made available to the City within seven days of the inspection being performed.

[Added 3-22-2011 by Ord. No. 2011-58; amended 8-21-2012 by Ord. No. 2012-325]