FOR NEW YORK CO-OP & CONDO PROPERTY MANAGERS

ProfessionalOCTOBER 2010

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A LOOMING DEADLINE HAS CO-OP AND CONDO BOARDS SCRAMBLING TO AVOID HEAVY FINES IN DECEMBER.

The Ups and Downs of Elevator CodesWhat you need to know-about the costly new code.

There are 60,000 eleva-tors 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 Escala-tors.” Property managers and their co-op and condo boards can be excused for moaning,

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“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 ELEVATORCATEGORY 1 ELEVATORS (all types, plus

escalators and moving sidewalks) need an-nual 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.

DEADLINESFor all three types, the filing deadline for

inspection and test reports comes 45 days after the actual inspection. Within that pe-riod, the owner must also correct any viola-tions found. Once the deadline has passed, the owner of the building has 15 additional

The Ups and Downs of Elevator Codes

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days to file the correct paperwork to prove that all vio-lations have been corrected. Late filings of inspections and paperwork with corrections are ac-cepted, but only after the correct fees have been paid. If 12 months pass be-fore the paperwork is filed and the pen-alties are paid, the test results are in-valid, 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 residen-tial 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 re-sults 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 correc-tion (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 correc-tion (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.

The Ups and Downs of Elevator Codes

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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.

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

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.

(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;

The Ups and Downs of Elevator Codes

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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 co-ops 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

BP Elevator Company1400 Parker StreetBronx, NY 10462P 212-807-8200F 718-409-2484www.bpelevator.com

Midland Elevator Company48 Lake StreetWhite Plains, NY 10603P 914-997-8300F 914-997-8432www.midlandelevator.com

Ver-Tech Elevator Company100-01 91st AvenueRichmond Hill, NY 11418P 212-375-1900F 718-850-9533www.ver-techelevator.com

Gotham Elevator Inspection521 Fifth Avenue, Suite 1700New York, NY 10175P 212-292-4225F 914-835-0084www.gothamelevatorinspection.com

Otis Elevator Company450 West 33rd StreetNew York, NY 10001P 917-339-9600F 917-339-9680www.otis.com

American Elevator & Machine Corp.36-26 31st StreetLong Island City, NY 11106P 718-784-0101F 718-482-9346

Tri-State Elevator511 Fifth AvenuePelham, NY 10803P 718-220-1500F 914-738-7166www.tri-stateelevator.com

ThyssenKrupp Elevator519 Eighth Avenue, Sixth FloorNew York, NY 10018P 347-226-5246F 917-3442090www.thyssenkruppelevator.com

The Ups and Downs of Elevator Codes NYC Elevator Companies