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Amendment of Penalties for failure to file Elevator Affirmations of Correction related to the 2022 & 2023 inspection cycles

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Rule status: Adopted

Agency: DOB

Effective date: May 2, 2024

Proposed Rule Full Text
Proposed-Rule-Amendment-of-Penalties-for-failure-to-file-Elevator-Affirmations-of-Correction-related-to-the-2022-and-2023-inspection-cycles.pdf

Adopted Rule Full Text
Final-Rule-Amendment-of-Penalties-for-failure-to-file-Elevator-Affirmations-of-Correction-related-to-the-2022-and-2023-inspection-cycles.pdf

Adopted rule summary:

The Department of Buildings (“the Department”) amends paragraph (3) of subdivision (h) and paragraph (3) of subdivision (i) of section 103-02 of subchapter C of chapter 100 of Title 1 of the Rules of the City of New York to allow building owners to have more time to adjust to the timelines and requirements to file elevator affirmations of correction that went into effect on January 15, 2022.

To allow building owners to have more time to adjust to the timelines and requirements to file elevator affirmations of correction that went into effect on January 15, 2022, Rule 103-02 is now amended to specify that penalties for failure to file an affirmation of correction will not be assessed for affirmations due with respect to defects identified during the 2022 and 2023 inspection and test cycles for owners who submitted affirmations of correction by April 14, 2023 for conditions discovered during the 2022 cycle or by April 14, 2024 for conditions discovered during the 2023 cycle. This is being done to give owners more time to adjust to the new filing and penalty timelines. Penalties for late filings will still apply. The existing timeframes for filing reports and affirmations of correction apply beginning with the 2024 inspection and test cycles.

Comments are now closed.

Online comments: 6

  • START ELEVATOR

    We want to be able to upload the 2022 AOC and pay the late filing but not the $3,000 penalty. Also, the 2023 AOC allow us a little more time to file with late fine without being maxed out after 90 days. For example, give a timeline of April 30, 2024, all AOC for 2023 be filed before a $3,000 fine is issued.

    Comment added February 27, 2024 2:25pm

  • John M

    The city used to inspect the elevators three times a year. Now the building needs to pay thousands of dollars each year for private inspections and they can get fined $3,000-$5,000 if they do not properly understand the inspections necessary or do not conduct them in a timely manor. This is an unjust financial burden on the buildings for something that for years the city had the resources to provide through their taxes and filing fees. The city should handle these internally.

    Comment added March 11, 2024 4:20pm

  • John Morgan

    As per code if during a category 1 inspection if a hazardous violation is found the elevator is left immediately shut down until it is corrected. All other deficiencies are non-hazardous (The listed Violating condition) and therefore the fines being issued in the name of safety are misguided.

    By far the people most likely to get injured by an elevator are the technicians that work on them.
    By rushing them to finish the work with such rigid penalty deadlines, it is a disregard for the safety of the technicians working on these devices. They need to be allowed the proper time for the job to ensure safety. Therefore, penalties should not be enforced due to timeline of resolution.

    FINES SHOULD FOCUS ON SAFETY AND SHOULD BE FOR HAZARDOUS CONDITIONS ONLY!

    Comment added March 12, 2024 8:19am

  • Dana Dinolfo

    Please note that buildings are not able to renew their TCO’s while these violations are being resolved. This is putting owners in a bad position with tenants whose leases require this. Please resolve immediately so building owners can get in compliance with their leases.

    Comment added March 12, 2024 3:29pm

  • Douglas Considine

    Due to inspectors not going to the buildings in a timely manner, buildings are getting violations for having inspection certificates that are full that only the city can provide. This is in essence extortion since the city will not provide them to the contractor to put in for the building nor will they visit the building to provide it.

    Comment added March 12, 2024 4:00pm

  • Philip Grone

    Please find attached the written comment of the National Elevator Industry, Inc. concerning the Amendment of Penalties for failure to file Elevator Affirmations of Correction related to the 2022 & 2023 inspection cycles.

    Comment attachment
    NYC-DOB-1-RCNY-103-02-03132024.docx
    Comment added March 13, 2024 10:56am