[Adopted 9-24-2003 by L.L. No. 16-2003]
As used in this article, the following terms
shall have the meanings indicated:
Any elevator, escalator or other device as defined in ANSI/ASME
A17.1.
It shall be the responsibility of property owners
to ensure that the installation, service, operation, maintenance,
testing and inspection of conveyances is in accordance with the requirements
of the New York State Uniform Fire Prevention and Building Code.
[Amended 2-13-2008 by L.L. No. 1-2008]
The Fire Marshal shall have the authority to
issue permits for conveyances which currently comply with the provisions
of this article. Said permits shall be in a form as approved by the
Fire Marshal, and shall be accompanied by payment of a fee as set
by resolution of the Town Board. Inspection of conveyances, including
acceptance, periodic and routine inspections, as these terms are defined
in ANSI/ASME A17.1, shall be conducted as required by the New York
State Uniform Fire Prevention and Building Code for the conveyance.
Conveyance inspectors shall be certified by an organization accredited
by ASME in accordance with the requirements of ASME QEI-1.
[Amended 2-13-2008 by L.L. No. 1-2008]
It shall be the responsibility of the property
owner to obtain a permit for each conveyance, to maintain a valid
permit for each conveyance, and to ensure that an inspection report
is submitted to the Building and Planning Department following each
required inspection and prior to the date of expiration of the most
recent inspection on file in the Building and Planning Department.
The date of expiration shall be based on inspection intervals as required
by New York State Uniform Fire Prevention and Building Code.
It shall be the responsibility of property owners,
within 30 days of the date of adoption of this article, to submit
a valid inspection report and certification, prepared by a certified
inspector, to the Building and Planning Department for all conveyances
existing on the date of adoption of this article.
A.
If an inspection report is filed which indicates that
a code violation exists, the Commissioner of Public Works or designee
may serve or cause to be served a written notice upon the property
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 a 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 are in the nature
of an emergency as determined by the Commissioner of Public Works
or designee, the neglect of which would endanger life, the equipment
shall be sealed temporarily out of service, and such work or repairs
shall be ordered to be done at once. After service of 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. It shall also be the
duty of the owner to submit an inspection report and certification
to document that the conveyance is in compliance with all code requirements.
C.
Failure to comply with the requirements of any section
of this article shall constitute a violation thereof.
A.
Any person who shall willfully fail to comply with
the article shall severally, for each and every such violation, be
punishable by a fine of not more than $1,000 per day of violation
or imprisonment not exceeding one year, or both. The imposition of
one penalty for any violation shall not excuse the violation nor permit
it to continue, and all such persons shall be required to correct
or remedy such violation or defects within reasonable time, and when
not otherwise specified, each day that the prohibited condition(s)
or violation(s) continues shall constitute a separate offense. The
imposition of any such penalty shall not be held to prohibit the enforced
removal of prohibited conditions by any appropriate remedy.
B.
An action or proceeding in the name of the Town of
Brighton, New York, may be commenced in any court of competent jurisdiction
to compel compliance with or restrain by injunction the violation
of any provision of this article. Such remedy shall be in addition
to penalties otherwise prescribed by law.
This article shall not be construed to relieve
or lessen the responsibility or liability of any person, firm or corporation
owning, operating, controlling, maintaining, erecting, construction,
installing, altering, testing or repairing any elevator or other related
mechanisms covered by this article for damages to person or property
caused by any defect therein, nor does the Town of Brighton assume
any such liability or responsibility therefor or any liability to
any person for whatever reason whatsoever by the adoption of this
article or any acts or omissions arising thereunder.
Whenever a provision in this article is found
to be inconsistent with any provision of the applicable state law,
code or regulation, the state law shall prevail. This article, unless
specifically stated otherwise, is not intended to establish more stringent
or more restrictive standards than standards set forth in the applicable
state law.
