OCTOBER 2010
Professional FOR NEW YORK CO-OP & CONDO PROPERTY MANAGERS
The Ups and Downs of Elevator Codes A LOOMING DEADLINE HAS CO-OP AND CONDO BOARDS SCRAMBLING TO AVOID HEAVY FINES IN DECEMBER.
What you need to knowabout the costly new code.
T
here are 60,000 elevators in this city, and many older ones will run afoul of the law on December 14 – the deadline for complying with the city’s new “Safety Code for Existing Elevators and Escalators.” Property managers and their co-op and condo boards can be excused for moaning, SPONSORED BY
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The Ups and Downs of Elevator Codes “Not again!” Since the city revised its building code in 2008, changes have seemed to come in waves. Here’s what you need to know: THREE CATEGORIES OF ELEVATOR CATEGORY 1 ELEVATORS (all types, plus escalators and moving sidewalks) need annual inspections. CATEGORY 3 ELEVATORS (hydraulic) require inspections every three years. CATEGORY 5 ELEVATORS (all types, this time excluding escalators and moving sidewalks) must be inspected every five years. DEADLINES For all three types, the filing deadline for inspection and test reports comes 45 days after the actual inspection. Within that period, the owner must also correct any violations found. Once the deadline has passed, the owner of the building has 15 additional SPONSORED BY
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The Ups and Downs of Elevator Codes days to file the correct paperwork to prove that all violations have been corrected. Late filings of inspections and paperwork with corrections are accepted, but only after the correct fees have been paid. If 12 months pass before the paperwork is filed and the penalties are paid, the test results are invalid, and the tests must be performed again. The fees must still be paid. THE FEES AND PENALTIES all follow the same basic pattern, but are broken down into categories. First, they are divided by building size, then type of paperwork. For example, in a building with only two or more residential units: (1) Failure to file a Category 1 inspection and test report within 12 months of the inspection dates can mean a fine of $3,000 per elevator. Failing to file a Category 3 or 5 inspection or test report within 12 months can cost $5,000 per elevator.
(2) Late filing of a Category 1 inspection report results in a penalty of $150 per elevator per month, not exceeding $1,800 per elevator (that equals 12 months’ worth of fees). Late filing of a Category 3 or 5 inspection report results in a penalty of $250 per month per elevator but not exceeding $3,000 per elevator. (3) Failure to file the affirmation of correction (for all three categories) within 12 months of the due date can lead to a fine of $3,000 per elevator. (4) Late filing of the affirmation of correction (for all three categories) results in a penalty of $150 per elevator per month, not exceeding $1,800 per elevator. If the building is being incorrectly charged late fees, the penalties can be challenged, as long as you have copies of the reports, all of your forms, and front and back copies of all cancelled checks. Challenges must be made 30 days from the date the violation was served. SPONSORED BY
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The Ups and Downs of Elevator Codes cycle in which the report was due, the owner of the building may obtain a waiver for the penalties incurred from not filing a second set of reports.
WAIVERS The deadlines and penalties associated with the new “Safety Code for Existing Elevators and Escalators” may seem daunting. There is, however, an opportunity for obtaining a waiver. That is in the “Elevator Status” category, which offers three chances for a waiver: if the elevator has been removed; if a new elevator has been installed; or if the elevator has been renovated.
(C) If the elevator is part of a work in progress and inspection and test reports are not filed, the owner of the building may obtain a waiver of fees. However, he or she must submit a projected date of completion for the work and must have the elevator inspected and tested at the completion of the work and file the necessary paperwork then. Each of these sets of circumstances fall under the discretion of the Department of Buildings. It is also very important to note that the waiver of fees and penalties does not mean the dismissal of the original violation;
Here’s what the rules say: (A) If the elevator was supposed to be tested and wasn’t because it had been removed or dismantled, the owner may obtain a waiver for the penalties resulting from not filing a test report. (B) If the report of inspection and testing was issued as part of a new or replacement installation during the PROFESSIONAL
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The Ups and Downs of Elevator Codes it only refers to the money to be paid after correcting the violation. (There are two other categories – “Owner Status” and “Building Status” – where waivers are available, but do not apply to co-ops and condos. The first category deals with ownership of the building. Since most coops and condos are not owned by a person but a non-profit corporation, most will not qualify for these waivers. For example, a co-op corporation will generally not have transferred ownership of the building or have applied for bankruptcy, two of the contingencies accounted for under the “Owner Status” category. The corporation is also not likely to own a building recently ordered sealed or vacated by a government agency, one of two contingencies under the “Building Status” category.) n
NYC Elevator Companies BP Elevator Company
Otis Elevator Company
Midland Elevator Company
American Elevator & Machine Corp.
1400 Parker Street Bronx, NY 10462 P 212-807-8200 F 718-409-2484 www.bpelevator.com
48 Lake Street White Plains, NY 10603 P 914-997-8300 F 914-997-8432 www.midlandelevator.com
Ver-Tech Elevator Company 100-01 91st Avenue Richmond Hill, NY 11418 P 212-375-1900 F 718-850-9533 www.ver-techelevator.com
Gotham Elevator Inspection
521 Fifth Avenue, Suite 1700 New York, NY 10175 P 212-292-4225 F 914-835-0084 www.gothamelevatorinspection.com
450 West 33rd Street New York, NY 10001 P 917-339-9600 F 917-339-9680 www.otis.com
36-26 31st Street Long Island City, NY 11106 P 718-784-0101 F 718-482-9346
Tri-State Elevator
511 Fifth Avenue Pelham, NY 10803 P 718-220-1500 F 914-738-7166 www.tri-stateelevator.com
ThyssenKrupp Elevator
519 Eighth Avenue, Sixth Floor New York, NY 10018 P 347-226-5246 F 917-3442090 www.thyssenkruppelevator.com
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