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§ 11-03 Cease Use Orders for Elevators, Personnel Hoists, Escalators and Moving Walks.
A cease use order should be issued for all elevators, personnel hoists, escalators, and moving walks pursuant to § 26-127 of the Administrative Code of the City of New York whenever an imminently hazardous condition exists. In addition, the device should be tagged as unsafe. This tag may not be removed without prior approval from the Department of Buildings. Such imminently hazardous conditions include but are not limited to:
   (a)   Elevator running with an open hoistway door or car gate/door.
   (b)   Elevator running with broken or non-functioning upper or lower final hoistway or machine limit switches.
   (c)   Hoistway or car door vision glass and grille guard missing.
   (d)   Unravelling or broken hoist, counterweight, governor or compensation cables.
   (e)   Missing hoistway door or car door gibs.
   (f)   Inoperable governor.
   (g)   Elevator running with non-functioning interlock.
   (h)   Emergency top exit cover missing (passenger elevator).
   (i)   Side emergency exit door open (passenger elevator).
   (j)   Emergency stop switch not working (automatic elevator, escalator or moving walk).
   (k)   Directional switch not working (escalator or moving walk).
   (l)   Other imminently hazardous conditions as observed by the inspector.
§ 11-04 Separability.
If any of the provisions of these rules are found by a court of competent jurisdiction to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions that are expressly stated in the decision to be invalid or ineffective, and all other provisions of these rules shall continue to be separately and fully effective.
§ 11-05 Certification of Completion of Work After Issuance of Temporary Use Permit for an Elevator, Escalator, and Other Device, Except Amusement Devices, Listed in § 27-185(b) or § 27-982 of the Administrative Code. [Repealed]
(Repealed City Record 11/7/2022, eff. 12/7/2022)
§ 11-06 Elevators, Escalators or Other Devices, Except Amusement Devices, Listed in § 27-185(b) or § 27-982 of the Administrative Code Renewal of Temporary Use Permits and Fees.
   (a)   Renewal of a temporary use permit for an elevator, escalator, or other device, except amusement devices, listed in § 27-185(b) or § 27-982 of the Administrative Code.
      (1)   A temporary use permit issued pursuant to § 27-188 of the Administrative Code for an elevator, escalator or other device listed in § 27-185(b) or § 27-982 of the Administrative Code may be renewed subject to the following:
         (i)   Each renewal application shall be submitted on forms furnished by the department not later than five business days prior to the expiration date of the temporary use permit;
         (ii)   Such application shall state the reason for renewal and be accompanied by the required fee as set forth in subdivision (3) of this section; and
         (iii)   Such application shall be submitted on behalf of the owner and signed by the owner or its authorized representative.
      (2)   The commissioner will automatically renew a temporary use permit every thirty days for up to 120 days unless informed otherwise by the applicant. After 120 days, a renewal application must be filed and accompanied by the required fee.
      (3)   The department may require a department inspection prior to the issuance of a renewal.
      (4)   Each application for renewal shall be accompanied by a fee of $100 per device.
   (b)   Failure to keep or be prepared for scheduled appointment.
      (1)   Scheduled appointments for the inspection or tests of an elevator, escalator or other device listed in § 27-185(b) and § 27-982 of the Administrative Code may be canceled provided that notice of cancellation is received by the department no later than 3 business days prior to the scheduled appointment.
      (2)   Where a department inspector arrives at the site of a scheduled inspection or test and is unable to perform the scheduled inspection or witness the test because the owner or its authorized representative has failed to keep or is unprepared for the scheduled appointment, then the department shall impose a fee for the missed appointment in the amount of $200. The fee shall be due and payable within thirty days after the date of the missed appointment or prior to the scheduling of a new appointment, whichever is earlier.
   (c)   Pre-inspection clearance.
      (1)   An owner or its authorized representative may request the department to perform a pre-inspection clearance of an elevator, escalator, or other device listed in § 27-185(b) and § 27-982 of the Administrative Code within five business days of the department's receipt of such request and payment of the required fees set forth in subdivision (2) of this section. The department reserves the right to schedule the requested pre-inspection clearance during non-regular or off-peak hours.
      (2)   A request for a pre-inspection clearance shall be accompanied by a non-refundable fee in the amount of $200 per device.
   (d)   This section shall not apply to amusement devices.