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Elevators and Conveying Systems

NYC Admin. Code tit. 28, ch. 3, art. 304
in effect

NYC Admin. Code § 28-304.1 General.

§ 28-304.1 General. Elevators and conveying systems shall be maintained in a safe condition and in accordance with ASME A17.1, as modified by Appendix K of the New York city building code. Every new and existing elevator or conveying system shall be inspected and tested in accordance with this article. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.2 Elevators, escalators, moving walkways, material lifts, man lifts and dumbwaiters.

§ 28-304.2 Elevators, escalators, moving walkways, material lifts, man lifts and dumbwaiters. Elevators, escalators, moving walkways, material lifts, man lifts and dumbwaiters shall be inspected and tested in accordance with section 28-304.6, chapter 30 of the New York city building code, and the schedule set forth in Table N1 of ASME A17.1 as modified by chapter K1 of appendix K of the New York city building code. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/008 and L.L. 2021/126.

NYC Admin. Code § 28-304.3 Platform lifts, stairway chair lifts and vertical reciprocating conveyors (VRCs).

§ 28-304.3 Platform lifts, stairway chair lifts and vertical reciprocating conveyors (VRCs). Platform lifts, stairway chair lifts and VRCs shall be inspected and tested at intervals not exceeding one year. Inspections and tests shall be performed in accordance with Table N1. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.4 Amusement devices.

§ 28-304.4 Amusement devices. Amusement devices shall be inspected and tested in accordance with department rules.

NYC Admin. Code § 28-304.5 Frequency of inspection and testing.

§ 28-304.5 Frequency of inspection and testing. Elevators and other conveying systems may be subject to more frequent inspection and testing as the commissioner finds necessary to protect public safety.

NYC Admin. Code § 28-304.6 Inspection and testing process.

§ 28-304.6 Inspection and testing process. All devices shall be inspected and tested in accordance with Table N1 of ASME A17.1 as modified by chapter K1 of appendix K of the New York city building code and, where applicable, department rules and with sections 28-304.6.1 through 28-304.6.6 of this code. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.1 Inspection and testing entities.

§ 28-304.6.1 Inspection and testing entities. The required category tests and periodic inspections in Table N1 of ASME A17.1 as modified by chapter K1 of appendix K of the New York City building code shall be performed on behalf of the owner by an approved elevator agency in accordance with this code and department rules. Where indicated in Table N1, tests shall be witnessed by an approved elevator agency not affiliated with the agency performing the test, and not affiliated with the agency performing the elevator work. Where indicated in Table N1, inspections shall be performed by an approved elevator agency not affiliated with the agency performing the maintenance. Not affiliated, as used in this section, shall mean the approved elevator agency owners, directors and inspectors shall be independent of all relative approved elevator agencies, maintenance firms or other entities providing any associated services to the device owner. Such other tests and inspections shall comply with the timeframes established as follows: 1. Category 1 tests shall be performed between January 1st and December 31st of each year at a minimal time interval of six months from the date of the previous Category 1 testing. Category 1 tests are required on new installations the calendar year following final acceptance test. 2. Category 3 tests for water hydraulics shall be performed every three years on or before the anniversary month of the last Category 3 testing. 3. Category 5 tests shall be performed every five years on or before the month of the final acceptance test for new elevators or the anniversary month of the last Category 5 testing. 4. Periodic inspections shall be performed between January 1 and December 31 of each year at a minimum of three months from the date of any Category 1 testing or previous periodic inspection. Initial periodic inspections on new installations shall be performed in the calendar year following the final acceptance test. For private residence elevators, the periodic inspection and category testing may be performed on the same date. (Am. 2019 N.Y. Laws Ch. 750, 1/1/2020, eff. 1/1/2022; Am. 2020 N.Y. Laws Ch. 55, 4/3/2020, eff. 1/1/2022; Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.1.1 Department notification.

§ 28-304.6.1.1 Department notification. The department shall be notified by the agency performing the test at least five days prior to the Category 1 testing of escalators, Category 3 testing of water hydraulic elevators and Category 5 testing of elevators, pursuant to the rules of the department. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.2 Scope.

§ 28-304.6.2 Scope. During periodic inspection and category testing, in addition to any other requirements prescribed by this code, all parts of the equipment shall be inspected to determine that they are in safe operating condition and that parts subject to wear have not worn to such an extent as to affect the safe and reliable operation of the installation (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.3 Reporting an unsafe or hazardous condition.

§ 28-304.6.3 Reporting an unsafe or hazardous condition. If a periodic inspection or category test reveals that any elevator or other conveying system is unsafe or hazardous to life and safety, the device is to be taken out of service immediately by the agency performing the inspection or test and the building owner notified immediately. The performing agency shall notify the department by telephone, electronically or in writing within 24 hours. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.4 Periodic inspection and category testing reports and notations on the inspection certificate.

§ 28-304.6.4 Periodic inspection and category testing reports and notations on the inspection certificate. Periodic inspection and category testing reports and notations on the inspection certificate shall comply with the requirements of sections 28-304.6.4.1, 28-304.6.4.2, and 28-304.6.4.3. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126 and L.L. 2023/077.

NYC Admin. Code § 28-304.6.4.1 Periodic inspections.

§ 28-304.6.4.1 Periodic inspections. For the periodic inspections listed in Table N1 of ASME A17.1, as modified by chapter K1 of appendix K of the New York city building code, the performing inspector shall, on the day of each inspection: (i) complete the periodic inspection report, documenting all violating conditions, if any, and affix his or her signature; (ii) provide a copy of such report to the owner or owner's representative; and (iii) affix the date and his or her signature over a stamp identifying his or her approved elevator agency and his or her approval number on the inspection certificate issued by the department attesting to completion of items (i) and (ii). No witnessing agency is required to witness the periodic inspections. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.4.2 Category testing when a witnessing agency is required.

§ 28-304.6.4.2 Category testing when a witnessing agency is required. When a witnessing agency is required to witness category tests listed in Table N1 of ASME A17.1, as modified by chapter K1 of appendix K of the New York city building code, the performing inspector shall, on the day of each test complete the category test report, documenting all violating conditions, if any, and affix his or her signature; and provide a copy of such report to the owner or owner's representative with the witnessing agency inspector signature. The witnessing agency inspector shall, on the day of each test: (i) review and confirm the category test report and also affix his or her signature to it; (ii) confirm that a copy of such report was provided to the owner or owner's representative; and (iii) affix the date and his or her signature over a stamp identifying his or her approved elevator agency and his or her approval number on the inspection certificate issued by the department attesting to the completion of items (i) and (ii). (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.4.3 Category testing when no witnessing agency is required.

§ 28-304.6.4.3 Category testing when no witnessing agency is required. When no witnessing agency is required to witness the category tests listed in Table N1 of ASME A17.1, as modified by chapter K1 of appendix K of the New York city building code, the performing inspector shall, on the day of each test: (i) complete the category test report, documenting all violating conditions, if any, and affix his or her signature; (ii) provide a copy of such report to the owner or owner's representative; and (iii) affix the date and his or her signature over a stamp identifying his or her approved elevator agency and his or her approval number on the inspection certificate issued by the department attesting to completion of items (i) and (ii). (L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.5 Periodic inspection or category test reports submission.

§ 28-304.6.5 Periodic inspection or category test reports submission. Periodic inspection or category test reports shall be submitted to the department on such forms and in such manner as required by the commissioner. Such reports shall comply with the following and department rules. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.5.1 Periodic inspection reports.

§ 28-304.6.5.1 Periodic inspection reports. Reports of periodic inspections shall comply with the following: 1. The reports shall contain the signatures of (i) the performing agency director, and (ii) the building owner. 2. The reports, with all applicable signatures, shall be filed with the department within 14 days after the date of the inspection. (L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.5.2 Category test reports.

§ 28-304.6.5.2 Category test reports. Reports of category tests shall comply with the following: 1. The reports shall contain signatures of (i) the performing agency inspector and director, (ii) the witnessing agency director, if required under Table N1 of ASME A17.1 as modified by chapter K1 of appendix K of the New York city building code, and (iii) the building owner. 2. The completed reports, with all applicable signatures, shall be filed with the department within 21 days after the date of the test. Exception: Reports are not required to be submitted to the department for private residence wheelchair lifts and private residence dumbwaiters devices. However, the owner shall maintain an inspection and test log to be available to the department upon request. (L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.6 Periodic inspection and category testing repair.

§ 28-304.6.6 Periodic inspection and category testing repair. All defects as found in periodic inspection and category testing reports shall be corrected in accordance with the requirements of sections 28-304.6.6.1 and 28-304.6.6.2 of this code, except that all hazardous conditions and defects related to firefighters' Phase I emergency recall operations or Phase II emergency in-car operation as required by section 3003.2 of the New York city building code shall be corrected immediately. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.6.1 Category test repair.

§ 28-304.6.6.1 Category test repair. All defects as found in such category test report shall be corrected within 90 days after the date of inspection. The department may grant an extension of 45 days upon submission of an application by the owner demonstrating a practical difficulty in complying within the 90 day timeframe. In no case shall more than two such extensions be granted for a specific defect. An affirmation of correction shall be filed within 14 days after the date of correction. (L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.6.6.2 Periodic inspection repair.

§ 28-304.6.6.2 Periodic inspection repair. Editor's note: this section has been amended by L.L. 2026/042, 1/17/2026, eff. 1/1/2027. All defects as found in such periodic inspection report shall be corrected within 90 days after the date of test. An affirmation of correction shall be filed within 14 days of the date of correction. (L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.7 Required contract.

§ 28-304.7 Required contract. The owner of all new and existing passenger elevators, freight elevators, and escalators shall have a contract with an approved elevator agency to perform elevator and escalator maintenance, repair and replacement work as defined by ASME A17.1 as modified by chapter K1 of appendix K of the New York city building code. The name, address and telephone number of such agency shall be maintained at each premises, on the mainline disconnect switch and in a location readily accessible to employees of the department and to maintenance and custodial staff at the premises. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.8 Fees.

§ 28-304.8 Fees. Editor's note: this section has been amended by L.L. 2026/042, 1/17/2026, eff. 1/1/2027. Every owner of elevators and other devices shall pay to the department a report filing fee for each elevator or device in the amount prescribed by the department's rules. (Am. L.L. 2021/126, 11/7/2021, eff. 1/1/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-304.9 Additional inspections.

§ 28-304.9 Additional inspections. The commissioner may make such additional inspections as required to enforce the provisions of this code. No fee shall be charged for such additional inspections.

NYC Admin. Code § 28-304.10 Occupant notification for elevator work.

§ 28-304.10 Occupant notification for elevator work. In occupancy groups R-1 and R-2, when an elevator is to be out of service, a notice identifying the type of work to be performed and the expected start and end dates for such outage shall be provided in English, Spanish, and such other languages as the department may provide by rule, in accordance with sections 28-304.10.1 and 28-304.10.2. (Am. L.L. 2015/047, 6/2/2015, eff. 9/30/2015)

NYC Admin. Code § 28-304.10.1 Occupant notification for alteration work.

§ 28-304.10.1 Occupant notification for alteration work. When an elevator is to be out of service for alteration work, notice shall be given to the residential occupants no fewer than 10 business days before the start of the work, except in case of emergency repairs. This notification requirement does not apply to minor alterations and ordinary repairs. (L.L. 2015/047, 6/2/2015, eff. 9/30/2015)

NYC Admin. Code § 28-304.10.2 Occupant notification for other elevator service outages.

§ 28-304.10.2 Occupant notification for other elevator service outages. When all elevators servicing a building or any section of a building are expected to be out of service for two or more hours, notice shall be posted at least twenty-four hours before the start of the work. When all elevators servicing a building or any section of a building are expected to be out of service for less than two hours, or are out of service as the result of emergency work, notice is not required to be posted, except that where such outage lasts for two or more hours, notice shall be posted as soon as practicable after the commencement of such service outage. (L.L. 2015/047, 6/2/2015, eff. 9/30/2015)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-158072Fetched: 10/24/2026

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