City of Buffalo, NY Chapter 167 Elevators and Conveyances

[HISTORY: Adopted by the Common Council of the City of Buffalo 4-24-1990,[1] effective 5-8-1990; amended in its entirety 7-25-2000, effective 8-7-2000. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Building construction and demolition; fire prevention — See Ch. 103.

Fees — See Ch. 175.

[1] Editor's Note: This ordinance repealed former Ch. 167, Elevators, derived from Art. X of Ch. XI of the Charter and Ordinances, 1974, of the City of Buffalo.

§ 167-1 General provisions.

A. Equipment covered by this chapter: all equipment in accordance with, and contained within, Sub-Chapter G, Part 1250, Generally Accepted Referenced Standards, of the current edition of the New York State Uniform Fire Prevention and Building Code.

B. Applicability.

(1) This chapter covers the design, construction, operation, inspection, testing, maintenance, alteration, and repair of all listed equipment, its associated parts, and its hoistways, when located in or adjacent to a building or structure.

(2) Compliance with the applicable provisions of a generally accepted referenced standard shall constitute compliance with this chapter and the Codes of New York State.

[Amended 12-9-2003, effective 12-19-2003]

C. Purpose and exceptions.

(1) The purpose of this chapter is to provide for the health and safety of the general public and to protect the public welfare.

(2) The provisions of this chapter are not intended to prevent the use of systems, methods or devices of equivalent or superior quality, strength, fire resistance, RS-60, ASME-ANSI A17.1 Code effectiveness, durability and safety to those prescribed by the A17.1 Code, provided that there is technical documentation to demonstrate the equivalency of such system, method or device.

(3) The specific requirements of the ASME-ANSI A17.1 Code may be modified by the authority having jurisdiction based upon technical documentation or physical performance verification to allow alternative arrangements that will assure safety equivalent to that which would be provided by conformance to the corresponding requirements of the ASME-ANSI A17.1 Code.

D. Definitions. Except as otherwise expressly provided, the following words, wherever used in this chapter, shall have the following meanings:

ADMINISTRATORS

The Commissioner of Permit and Inspection Services and the Commissioner of Public Works, Parks and Streets or their designees.

[Amended 12-9-2003, effective 12-19-2003]

ASME-ANSI A17.1 ELEVATOR SAFETY CODE (ALSO KNOWN AS "REFERENCED STANDARD-60" AND/OR "RS-60")

The National Safety Code for Elevators and Escalators, produced by the American Society of Mechanical Engineers, in conjunction with the American National Standard Institute, as adopted by the New York State Department of State. (See Title 19, NYCRR of the Codes of New York State.)

[Amended 12-9-2003, effective 12-19-2003]

BOARD

The Elevator Safety Review Board described in § 167-3 of this chapter.

CERTIFICATE OF OPERATION

A document issued to property owners that indicates that the elevating equipment on the premises complies with the provisions of this chapter and the Codes of New York State.

[Amended 12-9-2003, effective 12-19-2003]

CONVEYANCE

Any equipment listed in the current adopted edition of the ANSI A17.1, Elevator/Escalator Safety Code, including but not limited to any elevator, dumbwaiter, escalator, moving sidewalk or wheelchair lift, including vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chairlifts.

[Amended 12-9-2003, effective 12-19-2003]

DORMANT ELEVATOR, DUMBWAITER OR ESCALATOR

Any elevator or dumbwaiter whose cables have been removed, whose car and counterweight rests at the bottom of the shaftway and whose shaftway doors are permanently boarded up or barricaded on the inside, or an escalator whose main power feed lines have been disconnected, or a hydraulic elevator whose operating fluids (oil, water, etc.) have been removed from the system and the supply line broken and capped.

ELEVATOR

A hoisting or lowering mechanism, equipped with a car or platform, which moves in guide rails and serves two or more landings as covered in § 167-1A of this chapter.

ELEVATOR INSTALLER

Any person, firm or corporation who possesses an elevator installer's license in accordance with the provisions of § 167-6 and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related mechanisms covered by this chapter.

ESCALATOR

A power-driven, inclined, continuous stairway used for raising or lowering passengers.

EXISTING INSTALLATION

An installation that has been completed or is under construction prior to the effective date of this chapter.

GENERALLY ACCEPTED REFERENCED STANDARDS

A specification, code, rule, guide or procedure in the field of construction, or field related thereto, recognized as authoritative. Compliance with the applicable provisions of a referenced standard shall constitute compliance with this chapter and the Codes of New York State.

[Amended 12-9-2003, effective 12-19-2003]

INDIVIDUAL LIMITED INSTALLER'S LICENSE

A written license which is issued to an individual, self-employed or employed by a licensed firm or company, who has proven his/her qualifications and ability through examination. The license shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining vertical and inclined wheelchair lifts and inclined stairway chairlifts within any structure, including but not limited to private residences. Fees as set forth in Chapter 175, Fees, shall be paid for said license.

INSPECTOR'S LICENSE

A license which is issued to a QEI certified elevator inspector who has proven his/her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of inspecting elevators or related mechanisms covered by this chapter.

INSTALLATION

A complete elevator, dumbwaiter, escalator, material lift, inclined lift or moving walk, including its hoistway, hoistway enclosures and related construction, and all machinery and equipment necessary for its operation.

INSTALLER'S LICENSE

A license which is issued to an elevator installer who has proven his/her qualifications and ability and has been authorized by the Elevator Safety Review Board to possess this type of license. It shall entitle the holder thereof to engage in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related equipment covered by this chapter.

LICENSE

A written license, duly issued by the Commissioner of Permit and Inspection Services, authorizing a person, firm or company to carry on the business of erecting, constructing, installing, altering, servicing, repairing or maintaining or performing inspections of elevators or related mechanisms covered by this chapter.

LICENSEE

The elevator inspector, elevator installer and/or limited installer.

LIMITED INSTALLER'S LICENSE

A written license, duly issued by the Commissioner of Permit and Inspection Services, authorizing a person, firm or company who employs a licensed individual installer to carry on the business of erecting, constructing, installing, altering, servicing, repairing or maintaining vertical wheelchair lifts, inclined wheelchair lifts and inclined stairway chairlifts within any building or structure, including but not limited to private residences. The aforementioned wheelchair lifts and chairlifts shall conform to the requirements of ANSI A17.1, Part XXI, Sections 2100 - 2202, and may not exceed 10 feet nor penetrate a floor for private residences and conform to the requirements of ASME A18.1-2001, Safety Standard for Platform Lifts and Stairway Chairlifts

[Amended 12-9-2003, effective 12-19-2003]

MATERIAL ALTERATION

In accordance with the requirements contained in the RS-60 Standard, includes but is not limited to an increase in rated load or speed, an increase in dead weight of the car by more than 10%, an increase in rate of travel, a change in the type of operation or control, a change in classification from freight to passenger service, an increase in working pressure of more than 10% in hydraulic elevators, a change in type of operation in hydraulic elevators or a change in type of control; requires a full final acceptance inspection in accordance with the latest NYS adopted edition of ANSI A17.1 Code. (See the permit fee schedule for material alterations as set forth in Chapter 175, Fees.)

[Amended 12-9-2003, effective 12-19-2003]

MATERIAL LIFT INSTALLER'S LICENSE

A written license, duly issued by the Commissioner of Permit and Inspection Services, authorizing a person, firm, or company who employs a licensed individual lift installer to carry on the business of erecting, constructing, installing, altering, servicing, repairing or maintaining material lifts and within any building or structure. The aforementioned material lifts/conveyances shall conform to the requirements of RS 61-3 ASME/ANSI Safety Standard for Conveyors and Related Equipment, B20.1-93.

[Added 9-18-2001, effective 10-1-2001]

MOVING SIDEWALK

A type of passenger carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to this direction of motion and is uninterrupted as described in ANSI A17.1

NEW INSTALLATION

Any installation not classified as an existing installation by definition, or an existing elevator, dumbwaiter, escalator, material lift, inclined lift or moving walk moved to a new location subsequent to the effective date of this chapter.

PENETRATE A FLOOR

To pass through or pierce the floor in such a way that the rectangular opening has four contiguous sides.

PRIVATE RESIDENCE

A separate dwelling or a separate apartment in a multiple dwelling which is occupied by members of a single-family unit.

QUALIFIED ELEVATOR INSPECTOR (QEI)

Any person, certified in accordance with the ASME QEI-1, Standard for the Qualification of Elevator Inspectors, and who possesses an elevator inspector's license in accordance with the provisions of this chapter and the RS-60 Standard, and any person, firm or company who is engaged in the business of inspecting elevators or related mechanisms covered by this chapter.

[Amended 12-9-2003, effective 12-19-2003]

REPAIR

The process of rehabilitation or replacement of parts that are basically the same as the original for the purpose of ensuring performance in accordance with the applicable Code requirements.

STOP

The level at which passengers or freight can enter or exit the car.

E. All other vertical transportation terms are defined in the most current adopted edition of ANSI A 17.1 Code.

F. For the purpose of this chapter, the term "elevator" and the term "dumbwaiter" shall also include their hoistways, together with hoistway enclosures and the hoistway door or gates giving entrance thereto and the elevator or dumbwaiter machinery enclosures.

G. Maintenance of existing elevators and conveyances in commercial occupancies.

[Added 9-18-2001, effective 10-1-2001]

(1) Elevators and conveyances existing in any commercial structure shall be maintained to safely sustain the loads to which they are subject, to operate properly and to be free of physical and fire hazards.

(2) No elevator or conveyance in an existing commercial structure shall be permanently removed from service without prior written approval from the City of Buffalo Elevator Safety Review Board.

§ 167-2 License required.

A. No person, firm or company shall erect, construct, alter or replace, maintain, remove or dismantle any conveyance contained within buildings or structures within the City of Buffalo or structurally a part thereof unless an installer's license has been issued as described herein or working under the direct on-site supervision of a person, firm or company who is licensed pursuant to this chapter. A licensed installer is not required for removing or dismantling conveyances which are destroyed as a result of a complete demolition of a secured building or structure whereby no access is permitted therein to endanger the safety and welfare of a person.

B. No person, firm or company shall inspect any conveyance within buildings or structures, including but not limited to private residences, within the City of Buffalo or structurally a part thereof unless an inspector's license has been issued as described herein.

C. It shall be unlawful for any license holder to utilize both the installer's license and the inspector's license at the same time on any conveyance in order to avoid potential conflicts of interest.

§ 167-3 Elevator Safety Review Board.

[Amended 12-9-2003, effective 12-19-2003]

A. There is hereby created the Elevator Safety Review Board, herein referred to as the "Board" consisting of nine members, one of whom shall be the Commissioner of Public Works, Parks and Streets or his delegate, one of whom shall be the Commissioner of Permit and Inspection Services or his delegate, and one of whom shall be the Commissioner of Fire or his delegate. The Mayor shall appoint the remaining six members of the Board as follows: one representative from a major elevator manufacturing company or its authorized distributor; one representative from an elevator servicing company; one representative from an insurance company; one representative of the architectural design profession; one representative of the Building Owners and Managers Association (BOMA); and one representative of labor involved in the installation, maintenance and repair of elevators.

B. The members constituting such Board shall serve for terms of three years, excluding the Commissioner of Permit and Inspection Services, the Commissioner of Public Works, Parks and Streets and the Commissioner of Fire who shall serve continuously. The members shall serve without salary. The Mayor shall appoint one of the members to serve as Chairman. The Chairman shall be the deciding vote in the event of a tie vote.

§ 167-4 Meeting of Board.

The Board shall meet and organize within 10 days after the appointment of its members and at such meeting shall elect one Secretary of the Board to serve during the term to be fixed by the rules and regulations to be adopted by the Board. The Board shall meet regularly once in each month at a time and place to be fixed by it and at such times as it is deemed necessary for the consideration of appeals for licenses and for the transaction of such other business as properly may come before it. Special meetings shall be called as in the rules and regulations provided. Any appointed Board Member absent from three consecutive meetings without being excused by the Chairman may be removed after a hearing before the Mayor.

§ 167-5 Powers of Board.

A. The Board shall be authorized to consult with engineering authorities and organizations concerned with standard safety codes; rules and regulations governing the operation, maintenance, construction, alteration, installation and/or servicing/inspection of elevators, dumbwaiters, escalators, etc., and the qualifications which are adequate, reasonable and necessary for the installers and inspectors. Therefore, the Board shall be authorized to recommend the amendments of applicable legislation, when appropriate, to legislators.

B. The Board shall also have the authority to grant exceptions and variances from the literal requirements of applicable code and standards, regulations and/or local legislation in cases where such variances would not jeopardize the public safety and welfare. The Board shall have the authority to hear appeals, hold hearings and decide upon such appeals, as set forth in § 167-11.

§ 167-6 Application for installer's or inspector's license.

A. Installer. Any person, firm or company wishing to engage in the business of elevator, dumbwaiter, escalator or moving sidewalk installation, alteration, service, replacement or maintenance within the City of Buffalo shall make application for a license to install or service conveyances to the Commissioner of Permit and Inspection Services on a form provided by the Commissioner.

B. Inspector. Any person, firm or company wishing to engage in the business of elevator, dumbwaiter, escalator, moving sidewalk, vertical wheelchair lift, inclined wheelchair lift or inclined stairway chairlift inspections within the City of Buffalo, upon proof of QEI certification shall make application for a license to the Commissioner of Permit and Inspection Services on a form to be provided by the Commissioner.

C. Limited installer. Any person, firm or company wishing to engage in the business of vertical wheelchair lift, inclined wheelchair lift, or inclined stairway chairlift installation, alteration, service, replacement or maintenance within the City of Buffalo shall make application for a license to the Commissioner of Permit and Inspection Services on a form provided by the Commissioner.

D. Material lift installer. Any person, firm or company wishing to engage in the business of material lift/conveyor installation, alteration, service, replacement or maintenance within the City of Buffalo shall make application for a license with the Commissioner of Permit and Inspection Services on a form provided by the Commissioner.

[Added 9-18-2001, effective 10-1-2001[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection D as Subsection E.

E. Said applications shall contain information for the following provisions:

(1) If a person, the name, residence and business address of the applicant.

(2) If a partnership, the name, residence and business address of each partner.

(3) If a domestic corporation, the name and business address of the corporation and the name and residence address of the principal officer of said corporation; if a corporation other than a domestic corporation, the name and address of an agent located locally who shall be authorized to accept service of process and/or official notices.

(4) The number of years the applicant has engaged in the business of installing, inspecting and/or maintaining or servicing elevators and/or wheelchair lifts.

(5) The approximate number of persons, if any, to be employed by the applicant and, if applicable, satisfactory evidence that the employees are or will be covered by workers' compensation insurance.

(6) Satisfactory evidence that the applicant is or will be covered by general liability, personal injury and property damage insurance.

(7) Criminal records, if any, as verified by the Commissioner of Police.

(8) Such other information as the Commissioner of Permit and Inspection Services may reasonably require.

§ 167-7 Qualifications of installers and inspectors.

A. Qualifications of inspectors. No inspector's license shall be granted to any person, firm or company unless he or it shall prove to the satisfaction of the Commissioner of Permit and Inspection Services and Commissioner of Public Works, Parks and Streets, hereinafter referred to as the "administrators," that he or it meets the current ANSI QEI Standards for the Qualifications of Elevator Inspectors. It is not the function or duty of inspectors to make any repairs or adjustments to the equipment nor to recommend methods or procedures for correction of deficiencies. The Commissioner of Permit and Inspection Services shall grant all licenses to be issued for two years.

[Amended 12-9-2003, effective 12-19-2003]

B. Qualifications of installers. No license shall be granted to any person, firm or company who has not proven his/its qualifications and abilities. Applicants for elevator installers must demonstrate the following qualifications:

(1) An acceptable combination of experience and education credits or seven years' (1,750 hours/year) work experience in the elevator industry in construction, maintenance and service/repair, as verified by current and previous employers.

(2) Certificates of completion of National Elevator Industry Educational Program (NEIEP) modules, or two-year/four-year degree in electronics, engineering or other relevant fields.

(3) A mechanic's certificate.

(4) Satisfactory completion of a written examination administered by the City of Buffalo.

(5) Evidence of insurability as previously established by the Commissioner of Permit and Inspection Services.

(6) Advance payment of all application fees as previously established by the Commissioner of Permit and Inspection Services.

C. Qualifications of limited installers. No license shall be granted to any person, firm or company who has not proven his/its qualifications and abilities. Applicants for individual limited installer's license must demonstrate the following qualifications:

(1) An acceptable combination of experience and education credits or five years' (1,750 hours/year) work experience in the wheelchair lift industry in construction, maintenance and service/repair, as verified by current and previous employers and previous employers of inclined stairway chair lifts and inclined and vertical wheelchair lifts.

[Amended 9-18-2001, effective 10-1-2001]

(2) Satisfactory completion of a written examination administered by the City of Buffalo.

(3) Evidence of insurability as previously established by the Commissioner of Permit and Inspection Services.

(4) Advance payment of all application fees as previously established by the Commissioner of Permit and Inspection Services.

D. Qualifications of material lift installers. No license shall be granted to any person, firm or company who has not proven his/its qualifications and abilities. Applicants for material lift installer's license must demonstrate the following qualifications:

[Added 9-18-2001, effective 10-1-2001]

(1) An acceptable combination of experience and education credits or five years' (1,750 hours/year) work experience in the material lift industry in construction, maintenance and service/repair, as verified by current and previous employers and previous employers of material lifts/conveyors.

(2) Satisfactory completion of a written examination administered by the City of Buffalo.

(3) Evidence of insurability as previously established by the Commissioner of Permit and Inspection Services.

(4) Advance payment of all application fees as previously established by the Commissioner of Permit and Inspection Services.

§ 167-8 Issuance and renewal of licenses; fees.

Upon approval of an application by the administrators, the Commissioner of Permit and Inspection Services may issue a license which shall be renewable biennially. The fee for such license or for any renewal thereafter shall be set forth in Chapter 175, Fees.

§ 167-9 Suspension and revocation of licenses.

A license issued pursuant to this chapter may be suspended or revoked by the administrators upon verification that any one or more of the following reasons exist:

A. Any false statement as to material matter in the application.

B. Fraud, misrepresentation or bribery in securing a license.

C. Failure to notify the Commissioner of Permit and Inspection Services and the owner or lessee of an elevator or related mechanisms of any condition not in compliance with this chapter.

D. Violation of any provisions of this chapter.

§ 167-10 Hearing on charges; decision.

No license shall be suspended or revoked until after a hearing before the administrators upon notice to the licensee of at least 10 days at the last known address appearing on the license, served personally or by registered mail. The notice shall state the date, hour and place of hearing and set forth a statement of facts constituting the grounds for the charges against the licensee. The administrators shall suspend or revoke the license or dismiss the proceeding.

§ 167-11 Appeals.

Any person whose license is revoked or suspended may appeal from such determination to the Board, which shall, within 30 days thereafter, hold a hearing, of which at least 15 days' written notice shall be given to all interested parties. The Board shall, within 30 days after such hearing, issue a decision.

§ 167-12 Registration of existing elevators, wheelchair lifts, dumbwaiters, escalators, moving sidewalks and any other conveyance.

Within 30 days after the date of the appointment of the Board, the owner or lessee of every existing conveyance shall register with the Commissioner of Permit and Inspection Services each such elevator, dumbwaiter, wheelchair lift and escalator owned and operated by him, giving the type, rated load and speed, name of manufacturer, its location and the purpose for which it is used and such information as the Commissioner of Permit and Inspection Services may require. Elevators, dumbwaiters, wheelchair lifts, escalators and moving sidewalks or other conveyances upon which construction has begun subsequent to the date of the creation of the Board shall be registered within not more than seven days after they are completed and placed in service.

§ 167-13 Compliance with the Codes of New York State.

[Amended 12-9-2003, effective 12-19-2003]

A. It shall be the responsibility of property owners, individuals, firms or companies licensed as described above to ensure that installation, service, operation and maintenance of elevators is in accordance with the provisions contained in The Building Code, Chapter 35, Referenced Standards contained within the Codes of New York State - The Collection; publication date, May 2002, First Printing.

B. Whenever a provision in this chapter is found to be inconsistent with any provision of the applicable local or state law, code or regulation, the state law shall prevail. This chapter, unless specifically stated otherwise, is not intended to establish more stringent or more restrictive standards than standards set forth in the applicable state law.

§ 167-14 Permits.

A. No conveyance, including wheelchair lifts, shall be erected, constructed, installed or materially altered within buildings or structures within the City of Buffalo unless a construction permit has been obtained from the Commissioner of Permit and Inspection Services before the work is commenced. Where any material alteration, as defined herein, is made, the conveyance shall conform to all existing requirements. No permit required hereunder shall be issued except to a person, firm or corporation holding a current installer's license, or limited installer's license, duly issued pursuant to this chapter. A copy of such permit shall be kept at the construction site at all times while the work is in progress.

B. The permit fee for erection, construction or installation shall be as set forth in Chapter 175, Fees. The permit fee for material alteration shall be set forth in Chapter 175, Fees. Any fee collected regarding an expired or revoked permit is nonrefundable. Commercial inclined wheelchair lifts shall be considered two stops regardless of travel distance.

C. Permit requirements.

(1) Each application for a permit shall be accompanied by triplicate copies of specifications and accurately sealed and fully dimensioned plans showing the location of the installation in relation to the plans and elevation of the building; the location of the machinery room and the equipment to be installed, relocated or altered; and all structural supporting members thereof, including foundations; and shall specify all materials to be employed and all loads to be supported or conveyed. Such plans and specifications shall be sufficiently complete to illustrate all details of construction and design.

(2) Each permit application shall be accompanied by the applicable fees.

(3) Repair permits are not required when the process of rehabilitation or replacement of parts that are basically the same as the original for the purpose of ensuring performance in accordance with the applicable code requirements are used.

D. Revocation of permits. Permits may be revoked for the following reasons:

(1) Where any false statements or misrepresentation as to the material facts in the application, plans or specifications on which the permit was based.

(2) Where the permit was issued in error and should not have been issued in accordance with the code.

(3) Where the work detailed under the permit is not being performed in accordance with the provisions of the application, plans or specifications or with the code or conditions of the permit.

(4) Where the installer to whom the permit was issued fails or refuses to comply with a stop-work order.

E. Expiration of permits. Permits shall expire:

(1) If the work authorized by such permit is not commenced within six months after the date of issuance, or within a shorter period of time as the Commissioner of Permit and Inspection Services or his duly authorized representative in his discretion may specify at the time the permit is issued.

(2) If the work is suspended or abandoned for a period of 60 days, or such shorter period of time as the Commissioner of Permit and Inspection Services or his duly authorized representative in his discretion may specify at the time the permit is issued, after the work has been started. For good cause, the Commissioner of Permit and Inspection Services or his representative may allow an extension of the foregoing period at his discretion.

§ 167-15 New installations: annual inspections and registrations.

A. Installations: certificate of operation required.

(1) All new conveyance installations shall be performed by a person, firm or company to which a license to install or service conveyances has been issued. Subsequent to installation, said licensed person, firm or company must certify compliance with the applicable sections of Chapter 167. Prior to any conveyance being used, a certificate of operation must be obtained from the Commissioner of Permit and Inspection Services by the property owner or lessee. A fee as set forth in Chapter 175, Fees, shall be paid for said certificate of operation. It shall be the responsibility of the licensed installer to complete and submit first-time registration(s) for new installations.

(2) The certificate of operation fee for newly installed wheelchair lifts and inclined stairway chair lifts for private residences shall be subsequent to an inspection by a licensed third-party inspection firm.

B. Annual inspections: certificate of operation required. All conveyances existing in any building or structure must be inspected annually by a person, firm or company to which a license to inspect conveyances has been issued. Subsequent to inspection, said licensed person, firm or company must certify compliance with applicable sections of Chapter 167 referenced in § 167-2 above, and prior to use, a certificate of operation must be obtained by the property owner or manager from the Commissioner of Permit and Inspection Services in accordance with the fees set forth in Chapter 175, Fees. The certificate of operation fee for existing wheelchair lifts and inclined stairway chair lifts for private residences and any renewal certificate shall be waived. After an initial inspection, there shall be no subsequent annual inspection required for interior and exterior inclined and vertical wheelchair or stairway lifts in a private residence. The Commissioner of Permit and Inspection Services or his designee shall approve all newly installed and existing wheelchair lifts and inclined stairway chair lifts for private residences subsequent to an inspection by a person, firm or company to which a license to inspect conveyances has been issued. Inspection companies must supply the property owner or lessee and the City of Buffalo with a written inspection report describing any and all code violations. If the Commissioner is satisfied with the inspection, a certificate of operation shall be issued.

C. Temporary certificate of operation. A temporary certificate of operation may be issued which will permit the temporary use of a conveyance for a limited time not to exceed 30 days while minor repairs are being completed.

D. Display certificate of operation. Certificates of operation referenced in Subsection A through C (above) are renewable annually except for certificates issued for wheelchair lifts and inclined stairway chairlifts for private residences, which shall be valid for a period of three years. Certificates of operation must be clearly displayed on each elevator.

[Amended 2-5-2002, effective 2-14-2002]

§ 167-16 Insurance requirements.

A. Any person, firm or corporation who shall install, service, repair, replace or maintain any conveyance contained within buildings or structures within the City of Buffalo shall submit to the Commissioner of Permit and Inspection Services an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the State of New York, to provide general liability coverage of at least $1,000,000 for injury or death of any one person and $1,000,000 for injury or death of any number of persons in any one occurrence, with the coverage of at least $500,000 for property damage in any one occurrence and the statutory workers' compensation insurance coverage.

B. Any person, firm or corporation who shall inspect any conveyance contained within buildings or structures within the City of Buffalo shall submit to the Commissioner of Permit and Inspection Services an insurance policy or certified copy thereof, issued by an insurance company authorized to do business in the State of New York, to provide general liability coverage of at least $1,000,000 for injury or death of any one person and $1,000,000 for injury or death of any number of persons in any one occurrence, with the coverage of at least $500,000 for property damage in any one occurrence and the statutory workers compensation insurance coverage.

C. Such policies, or duly certified copies thereof, or an appropriate certificate of insurance, approved as to form by the Corporation Counsel and as to sufficiency by the Comptroller, shall be delivered to the Commissioner of Permit and Inspection Services before or at the time of the issuance of a license. In the event of any material alteration or cancellation of any policy, at least 10 days' notice thereof shall be given to the Commissioner of Permit and Inspection Services, City Hall, Buffalo, New York 14202.

§ 167-17 Enforcement.

It shall be the duty of the Commissioner of Permit and Inspection Services to develop an enforcement program which will ensure compliance with regulations and requirements referenced in §§ 167-1 through 167-24. This will include but will not be limited to identification of property locations which are subject to said regulations and requirements; issuing notifications to violating property owners or operators; random on-site inspections and tests on existing installations; witnessing periodic inspections and testing in order to ensure satisfactory performance by licensed persons, firms or companies; and assist in development of public awareness programs during the initial licensing period subsequent to enactment of this chapter and as warranted thereafter.

§ 167-18 Liability.

This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing or repairing any elevator or other related mechanisms covered by this chapter for damages to person or property caused by any defect therein, nor does the City of Buffalo assume any such liability or responsibility therefor or any liability to any person for whatever reason whatsoever by the adoption of this chapter or any acts or omissions arising thereunder.

§ 167-19 Penalties for offenses.

Any owner or lessee who shall violate any of the provisions of this chapter, upon conviction thereof, shall be fined in an amount not exceeding $1,500 or be imprisoned for a period not exceeding 15 days, or both such fine and imprisonment.

§ 167-20 Provisions not retroactive.

The provisions of this chapter are not retroactive, so that equipment shall be required to comply with the applicable code at the date of its installation and any subsequent alteration except as specifically provided hereunder, unless a building has been officially designated as historic and is subject to Part 1233 of the New York State Uniform Fire Prevention and Building Code; and except further that if, upon inspection of any device covered by this chapter, the equipment is found in a dangerous condition or 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 of Permit and Inspection Services, he 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.

§ 167-21 (Reserved) [1]

[1] Editor's Note: Former § 167-21, Retroactive provisions, was repealed 12-9-2003, effective 12-19-2003.

§ 167-22 Five-year inspection and testing of speed governors and safeties.

A. It shall be the responsibility of all property owners, licensed individuals, firms or companies as described in this chapter, to ensure that the required five-year inspection and testing are performed at the required intervals in compliance with the most current adopted edition of ASME ANSI A17.1, the most current adopted edition of ASME ANSI A17.2, Inspector's Manual for Elevators and Escalators; and the most current adopted edition of ASME ANSI A17, Safety Code for Existing Elevators and Escalators.

[Amended 12-9-2003, effective 12-19-2003]

B. All five-year full-load safety tests and speed governor tests shall be witnessed by a licensed third-party inspection company QEI inspector. Upon completion of the witnessing of tests, the inspection company shall submit to the City of Buffalo and to the equipment owner a statement certifying that the witnessing/inspection of the test has been completed.

[Amended 12-9-2003, effective 12-19-2003]

C. A metal tag shall be affixed to the equipment as required and in accordance with the ANSI A17.1 Code. Only the actual test shall be witnessed and not the preparation work associated with any unit being tested.

§ 167-23 Inspection and testing of main machine gear box on electric elevators.

A. Inspection and testing of the main machine gear box in accordance with ANSI A17.1 Code requirements. The inspection, replacement and/or repair of electric elevator main machine gearbox shall include, but not be limited to:

[Amended 12-9-2003, effective 12-19-2003]

(1) Inspection and or replacement of worm and ring gears due to wear and tear.

(2) Inspection and/or replacement of bolts that hold ring gear to spider gear. The bolt type or grade replacement shall be in accordance with manufacturer's specifications, i.e., torquing of ring gear nuts and bolts shall be in accordance with manufacturer's specifications.

(3) All five-year tests and inspection of the main gear box shall be witnessed by a licensed third-party QEI inspection company inspector.

B. The inspection, testing or repair of an electric elevator's main machine gear box shall be completed in conjunction and at the same time of the required five-year inspection and testing.

§ 167-24 Three-year inspection and testing of pressure relief valve on hydraulic elevators.

A. All hydraulic elevator pressure relief valve tests shall be witnessed by a licensed third-party inspection company QEI inspector in accordance with ANSI A17.1 Code, Periodic Inspection and Test, requirements.

[Amended 12-9-2003, effective 12-19-2003]

B. The aforementioned test shall be completed on an annual basis; however, the test needs to be witnessed by a QEI inspector every three years. Ultimately it is the equipment owner's responsibility to have these tests completed.

§ 167-25 (Reserved) [1]

[1] Editor's Note: Former § 167-25, Maintenance of fire fighter service test logs, was repealed 12-9-2003, effective 12-19-2003.

§ 167-26 Knox fire lockboxes.

[Amended 9-18-2001, effective 10-1-2001; 10-2-2001, effective 10-15-2001; 7-20-2004, effective 8-2-2004]

A. Fire lockbox location switch key (fire lockbox) shall be installed on the exterior of all buildings. Compliance shall include but is not limited to those buildings having a fire alarm system or fire suppression system, commercial buildings, businesses, mercantile occupancies and multifamily structures having three or more dwelling units.

(1) For specific box type, location and contents, property owners should be directed to the City of Buffalo, Bureau of Fire Prevention, Room 321, City Hall, Buffalo, New York 14202 at 851-5707.

(2) All Knox - box installations shall:

(a) Be installed on the exterior of the building within 10 feet of the entrance door normally used by the Fire Department to access the building.

(b) The top of the box shall be installed no higher than six feet nor lower than five feet from the adjacent ground level.

(c) The box must be installed in such a manner as to be clearly visible and free from any obstruction, including trees, bushes, etc.

(d) If the box is equipped with a tamper switch, the letter "A," in either yellow or white shall be placed on the door of the box.

(e) The box shall not be painted, as this hampers and in some cases prohibits, entry into the box. Boxes that have be painted must be replaced.

(f) The red reflective Knox - box decal shall be placed on the entrance door of the site normally used by the Fire Department, five feet above the adjacent ground level.

(g) All keys placed inside the box must be marked with a metal tag or stamped identification on the key identifying access or which device it operates.

(3) QEI elevator inspectors shall verify only that an approved box has been installed and the contents include keys for hoistway access and elevator recall.

B. The fire lockbox shall contain keys for access to the following areas:

(1) All points of ingress and egress, whether doors are on the interior or exterior of the building.

(2) Keys for the main entrance to suites;

(3) Padlock keys for personnel and vehicular gates;

(4) Keys for mechanical, plumbing;

(5) Keys for control valves;

(6) Keys for breakaway padlocks;

(7) Keys for fire alarm panels;

(8) Keys for roof hatches;

(9) Keys for phase I and II fire fighter service;

(10) Keys for hoistway access;

(11) Keys for hoistway locking devices;

(12) All common areas of the building which may be secured.

§ 167-27 Temporary dormant elevator, dumbwaiter or escalator.

A. An installation whose power supply has been disconnected by removing fuses and placing a padlock on the mainline disconnect switch in the "Off" position shall be considered dormant. The car is parked and the hoistway doors are in the closed and latched position. A wire seal shall be installed on the mainline disconnect switch by a licensed elevator inspector. This installation shall not be used again until it has been put in safe running order and is in condition for use. Annual inspections shall continue for the duration of the temporary dormant status by a licensed elevator inspector.

B. "Temporarily dormant" status shall be renewable on an annual basis and shall not exceed a five-year period. The inspector shall file a report with the City of Buffalo describing the current conditions. The wire seal and padlock shall not be removed for any purpose without permission from the City of Buffalo Elevator Code Enforcement Officer.