[HISTORY: Adopted by the Town Board of the Town of Sweden 6-24-2008 by L.L. No. 5-2008. Amendments noted where applicable.]
This chapter shall be known and cited as the "Town of Sweden Conveyance Code."
It is the intent of this chapter to provide for the public health and safety through the establishment of regulations relating to the installation, alteration, maintenance, required installations, and inspections of elevators, escalators, moving walks, lifts and other conveyances in the Town of Sweden.
The provisions of this chapter shall apply to the installation, alteration, maintenance, required installations and inspections and testing of all conveyances in the Town of Sweden.
In addition to the provisions of this chapter, the Building Code of New York State and the Property Maintenance Code of New York State, henceforth referred to as Title 19 NYCRR, ANSI A17.1, ANSI A18.1 and the Americans with Disabilities Act of 1990, shall be recognized as the standards regulating all conveyances in the Town of Sweden.
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- Any major change made on existing equipment, other than repair or replacement of damaged, worn or broken parts necessary for normal operation and maintenance.
- The American National Standards Institute.
- ANSI A17.1
- The edition of the American National Standards Institute Safety Code for Elevators and Escalators (includes requirements for elevators, escalators, dumbwaiters, moving walks, material lifts, and dumbwaiters with automatic transfer devices) as supplemented by the published amendments and additions as referenced by Title 19 NYCRR of the State of New York.
- ANSI A18.1
- The Safety Standard for Platform Lifts and Stairway Chairlifts.
- CERTIFICATE OF COMPLIANCE
- The document issued by the Code Enforcement Officer/Building Inspector, which certifies each conveyance, defined herein, as being in operating order and in compliance with this chapter.
- Any elevator, escalator or other device as defined in ANSI A17.1 and ANSI A18.1.
- EXISTING INSTALLATION
- Any installation of a conveyance existing prior to the effective date of this chapter.
- NEW INSTALLATION
- Any conveyance newly installed or an existing conveyance which has been moved to a new location subsequent to the effective date of this chapter.
- INSPECTION CERTIFICATION
- A certification issued in the form of an inspection report completed by a licensed inspector/licensed inspection company certifying that periodic safety tests and inspections of a conveyance are current, which shall be filed at the required intervals with the Code Enforcement/Building Inspector by the owner, lessee, or occupant of any building or structure.
- INSPECTION REPORT
- The report of an inspection performed by a licensed inspector/inspection company certifying the conveyance has been inspected and tested as required by the Code and designating that the equipment is in operative condition, and approved for use.
- A person licensed by the Town of Sweden to witness safety tests and perform inspections on conveyances.
- A document which is issued by the Town of Sweden to an inspector or inspection agency to engage in the trade of the inspections and witnessing of safety tests of conveyances.
- SECURED INSTALLATION
- A conveyance in a vacant or occupied building which has met the requirements of the Code as an "Installation Placed out of Service."
- SIMPLE REPAIR
- The replacement of existing work with the same or like materials used in the existing work.
- TEMPORARILY OUT-OF-SERVICE INSTALLATION
- 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 chapter.
The administration and enforcement of this chapter, and the provisions of Title 19 NYCRR and ANSI A17.1 and A18.1 applicable to conveyances, shall be in accordance with the requirements of this chapter and all other applicable laws. The Sweden Conveyance Law shall be administered by Town of Sweden Building Inspectors.
In all cases where there is to be a new installation of a conveyance, or a move of an existing conveyance, a permit must be obtained by the installer or contractor. To obtain a permit, the applicant must provide plans for said installation. These plans must adequately satisfy the requirements of this code, the Building Code, and ANSI A17.1 and A18.1.
Installers must have proof of insurance coverage and provide proof of this coverage to the satisfaction of the Building Inspector.
Permits must be displayed on the job site at all times while work is in progress. Failure to display a required conveyance permit shall be grounds for the issuance of a stop-work order by the Building Inspector. The only exception to the requirement for displaying a permit is during the installation of a conveyance in a new building also under construction.
An inspector employed by a licensed conveyance inspection company licensed by the Town of Sweden to perform conveyance inspections must inspect all conveyance installations. After initial installation inspection, all conveyances shall be re-inspected at regular intervals as prescribed by Title 19 NYCRR, ANSI A17.1 (Table N1) and ANSI A18.1. All existing installations of conveyances shall be subjected to inspections by a licensed inspector employed by a licensed conveyance inspection company at intervals no longer that six months for all conveyances except those located within a dwelling unit of a single- or two-family residence. An alternate interval may be required by the Building Inspector based on a report by a licensed conveyance inspector employed by a licensed conveyance inspection company or by a complaint of possible unsafe conditions.
All conveyances must be tested at the intervals prescribed by ANSI A17.1 (Table N1) and ANSI A18.1. An inspector licensed by the Town of Sweden shall witness these tests, and documentation of the tests, from the inspector/inspection agency, shall be provided in order to receive a certificate of compliance.
An inspection report and certification must be submitted to the Building Inspector before issuance of a certificate of compliance. It shall be the responsibility of the owner, lessee or occupant to submit the inspection report and certification to the Building Inspector.
A certificate of compliance is required prior to the operation or use of any conveyance in any building or structure in the Town of Sweden.
A certificate of compliance is required for the continuing operation or use of any conveyance in any building or structure in the Town of Sweden which has been placed out of service or secured.
Any person, firm, association, partnership or corporation who or which is the owner, installer, lessee or occupant of a building or structure and who or which operates, installs, repairs, or causes to be operated therein any conveyance shall be responsible for compliance with the provisions of this chapter.
A company in the business of conveyance inspections must submit names, addresses, and current qualified elevator inspection certifications for all employees who will be performing conveyance inspections in the Town of Sweden.
A fee, established by the Town Board of the Town of Sweden and changing as deemed necessary, will be required before issuance of a license to inspect conveyances.
The conveyance inspection agency shall maintain insurance policies in full force and effect while performing inspections and submitting certificates of inspection and compliance. Said policies shall include statutory workman's compensation for its employees and work persons and public liability insurance of at least $1,000,000/$3,000,000 for personal injury, $1,000,000 for property damage, and $5,000 for excess liability. All policies must name the Town of Sweden as an additional insured, and a certificate of insurance showing coverage in the required amounts shall be submitted to the Town of Sweden. The terms of the policies shall be subject to the approval of the Town of Sweden.
All licenses shall expire on the last day of December each year, and shall be renewed annually. Renewal will require necessary fees for each licensee (conveyance inspection agency), current qualified elevator inspection certificates, and proof of insurance.
It is the responsibility of the license holder for renewal of the license. The Town will endeavor to send a renewal notice in advance, at the end of each year. However, failure to receive this notice does not relieve the license holder of its responsibility to renew the license.
If an inspection report is filed which indicates that a code violation exists, the Building Inspector shall serve or cause to be served a written notice upon the owner, lessee, and/or occupant, 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 date of personal service or mailing of the notice. Except in life safety situations, the owner will have 30 days to summit documentation from a licensed conveyance inspection agency that the conveyance is in compliance with all applicable codes.
Where the work or repairs required are in the nature of an emergency, as determined by the Building Inspector, 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 be the duty of the owner to submit documentation that the conveyance is in compliance and to obtain a new certificate of compliance.
If, upon inspection of any device covered by this chapter, the equipment is found in a dangerous condition, or if there is an immediate hazard to life, or if the design or the method of operation, in combination with devices used, is considered inherently dangerous in the opinion of the elevator inspector, he/she shall notify the owner as provided herein of such condition and seal temporarily out of service. The Building Inspector shall order such alterations or additions as may be deemed necessary to eliminate the dangerous condition. It shall be the duty of the owner to submit documentation that the conveyance is in compliance and to obtain a new certificate of compliance.
All new buildings containing medical facilities, doctor's offices, treatment areas, hospitals, nursing homes, or senior citizen living or care facilities shall be handicap accessible. If these areas are below grade or two or more stories above grade, a conveyance, in compliance with this chapter, shall be installed.
Any renovation or remodeling in the above-mentioned facilities, which is required to have building permits under Title 19 NYCRR or the Town of Sweden Building and Fire Prevention Code, must also be made handicap accessible from the grade level to the renovated or remodeled space through means of a ramp or conveyance in compliance with this chapter.
Any person who shall willfully fail to comply with this chapter, 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 a 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.
An action or proceeding in the name of the Town of Sweden, 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 chapter. Such remedy shall be in addition to penalties otherwise prescribed by law.
If any part or provision of this chapter, or the application thereof to any persons or circumstances, shall be judged invalid, such judgment shall be confined to the part or application determined to be invalid. Such decision shall not affect the validity of this chapter as a whole, or any part thereof, other than the part so decided to be invalid.
If a court of competent jurisdiction finds the application of any provision of this chapter to any building or conveyance to be invalid, in whole or part, the effect of such decision shall be limited to the building or conveyance involved, and the application of any such provisions to any other building or conveyance shall not be affected.