GENERAL PROVISIONS

Memphis Code of Ordinances tit. 14, ch. 14-16, art. 1

in effect

Memphis Code of Ordinances § 14-16-1 Definitions.

Sec. 14-16-1. - Definitions. Except as otherwise expressly provided, the following words, wherever used in this chapter, shall have the following meanings: Amusement device means such devices as have fixed parts or frames, in which are movable parts, which carry persons up or down or in a vertical, oblique or more or less circular direction in any plane, or which give motion or acceleration to such persons, as a mode of amusement. Board means the city board of elevator rules. Director means the director of Memphis and Shelby County office of planning and development. Division means the Memphis and Shelby County office of planning and development. Dumbwaiter means a hoisting and lowering mechanism equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total compartment height of which does not exceed four feet, the capacity of which does not exceed 500 pounds, and which is used exclusively for carrying freight. The term "dumbwaiter" shall not include a dumbwaiter installation placed out of active service. Elevator means a hoisting and lowering mechanism equipped with a car or platform which moves in guides in a substantially vertical direction and which serves two or more floors of a building or structure. Elevator inspector means the elevator safety engineer or other safety engineer employed by Shelby County who is licensed to inspect elevators. Escalator means a power-driven, inclined, continuous stairway used for raising or lowering passengers. Freight elevator means an elevator used primarily for carrying freight and on which only the operator and the persons necessary for loading and unloading are permitted to ride. Hoistway means a shaftway for the travel of one or more elevators or dumbwaiters. It includes the pit and terminates at the underside of the overhead machinery space, floor or grating, or at the underside of the roof where the hoistway does not penetrate the roof. For the purpose of this chapter, the term "elevator" and the term "dumbwaiter" shall also include their hoistways together with hoistway enclosures and hoistway doors or gates giving entrance thereto and the elevator or dumbwaiter machinery enclosures. Inspection includes all tests as required by the rules and regulations prescribed under this chapter. Installation placed out of active service means an elevator or dumbwaiter whose suspension ropes have been removed, whose car and counterweight rest at the bottom of the hoistway and whose hoistway doors are permanently boarded up or barricaded on the hoistway side, or an escalator whose power feed lines have been disconnected and whose top and bottom entrances have been permanently boarded up or barricaded. Licensed elevator inspector means an elevator inspector who has been issued a license to inspect elevators, dumbwaiters and escalators as provided in this chapter. New installation: new elevator, dumbwaiter or escalator means a complete elevator, dumbwaiter or escalator installation, the application for the permit for the installation or relocation of which is filed on or after January 1, 1961. All other elevators, dumbwaiters or escalators shall be deemed to be existing installations. Passenger elevator means an elevator that is used to carry persons other than the operator and persons necessary for loading and unloading. Sidewalk elevator or hoist means a freight elevator which operates between a sidewalk or other area exterior to the building and floor levels inside the building area, which has no landing opening into the building at its upper limit of travel, and is within the space on a street or public way usually intended for the sidewalk. Terms not defined. Terms other than listed above shall have the same meaning as defined in the Elevator Safety Code referred to in section 14-16-43. (Code 1967, § 49-1; Code 1985, § 46-1)

Memphis Code of Ordinances § 14-16-2 Applicability.

Sec. 14-16-2. - Applicability. This chapter is adopted for the regulation of elevators, dumbwaiters and escalators, and their hoistways, and amusement devices. (Code 1967, § 49-2; Code 1985, § 46-2)

Memphis Code of Ordinances § 14-16-3 Enforcement of chapter.

Sec. 14-16-3. - Enforcement of chapter. A. Except where otherwise provided, the office of planning and development shall have the power and it shall be its duty to enforce the provisions of this chapter and the rules and regulations recommended by the board of elevator rules and adopted by the city council. B. It shall be the duty of the director of planning and development to direct the enforcement of this chapter through the personnel of the Memphis and Shelby County office of construction code enforcement. (Code 1967, § 49-3; Code 1985, § 46-3)

Memphis Code of Ordinances § 14-16-4 City inspector generally.

Sec. 14-16-4. - City inspector generally. A. The city elevator inspector shall be either a mechanical engineer, elevator constructor or machinist, licensed elevator inspector, or an operating engineer experienced in the use, operation and repair of machinery and shall have a knowledge of the strength of the materials. He or she shall have had at least five years' practica1 experience in the erection, operation, or repair of such machinery or equipment. B. The city elevator inspector shall be bonded by good and lawful security to insure the faithful performance of his or her duties, in the penalty of such amounts as the city council shall determine. C. The city elevator inspector shall make inspection of all elevators, dumbwaiters, escalators and amusement devices as provided for in this chapter. He or she shall make daily, monthly and annual reports as the director of planning and development may require. (Code 1967, § 49-4; Code 1985, § 46-4)

Memphis Code of Ordinances § 14-16-5 Inspector's license.

Sec. 14-16-5. - Inspector's license. A. No person shall be licensed as an elevator inspector to inspect elevators, escalators or new or altered dumbwaiters unless he or she is an employee of Shelby County authorized to inspect elevators, escalators, and dumbwaiters, or an employee authorized to inspect elevators, escalators, and dumbwaiters for any insurance company insuring such elevators, escalators and dumbwaiters in the city; provided, however, he or she has satisfied the board of elevator rules that he or she has had experience in inspecting elevators, dumbwaiters and escalators, has satisfactorily passed a written examination given by the board testing his or her knowledge of this chapter and the rules and regulations adopted by the board. The board may license a person as an elevator inspector without such examination, if he or she holds a license as an inspector of elevators for a state or city that has a standard of examination substantially equal to that provided for in this section. A written application for such examination and license shall be made upon a form to be supplied by the board upon request, and shall be accompanied by a statement of the applicant's experience together with an examination fee of $5.00. Such examination shall be given not more than six months from the date when the applicant makes such application. If the applicant has the experience and successfully passes the examinations herein specified, he or she shall, upon payment to the board of a license fee of $10.00, be entitled to a license as an elevator inspector as a matter of right and such licenses shall be renewable annually at a fee of $10.00. B. There shall be no limit to the number of times an applicant may seek a license as herein provided, except that a rejected applicant may not make a new application within six months from the date on which he or she was notified that he or she has failed to qualify. A fee of $5.00 shall be paid to the board for each subsequent examination. C. If the board has reason to believe that a licensed inspector is no longer qualified to hold his or her license, it shall give such inspector reasonable notice of the time and place of a hearing at which the board shall inquire into the inspector's fitness and competency to act as an elevator inspector. If the board shall find that such inspector is no longer qualified to act as an inspector, it shall revoke his or her license forthwith, and such inspector shall not thereafter make any inspection required under this chapter. (Code 1967, § 49-5; Code 1985, § 46-5; Ord. No. 2346, § 1(1), 12-16-1975; Ord. No. 3018, § 1(1), 6-9-1980)

Memphis Code of Ordinances § 14-16-6 Construction permit for elevators, escalators and dumbwaiters.

Sec. 14-16-6. - Construction permit for elevators, escalators and dumbwaiters. A. A construction permit shall be obtained from the office of planning and development before erecting or constructing new elevators, dumbwaiters, and escalators, moving such apparatus from one hoistway to another, or before making alterations to existing equipment. The owner, or his or her authorized agent, shall submit an application for such permit accompanied by plans and specifications in duplicate, in such form as the division may prescribe. Where such plans and specifications indicate compliance with this chapter, the director shall issue a construction permit. No permit shall be required for repairs and replacements normally necessary for maintenance and made with parts of equivalent materials, strength and design. B. A construction permit shall be issued by the division or its authorized representative for every new elevator, dumbwaiter or escalator installation or alteration before the installation thereof is started. The division or its authorized representative shall issue such permit if the plans and specifications required under subsection A of this section indicate compliance with the applicable rules and regulations of this chapter. If such plans and specifications indicate failure to comply with the applicable rules and regulations of this chapter, the division or its authorized representative shall give notice to the person filing the application of changes necessary for compliance therewith. After such changes have been made, the division or its authorized representative shall issue a construction permit. No permit shall be required for repairs or replacements normally necessary for maintenance. C. The fee for construction permits required by this section shall be $15.00 for the first $1,000.00 evaluation based upon installation costs, and $8.00 for each additional $1,000.00 of evaluation or fraction thereof over the first $1,000.00. (Code 1967, § 49-6; Code 1985, § 46-6; Ord. No. 276, § 1, 9-3-1968; Ord. No. 2346, § 1(2), 12-16-1975; Ord. No. 3018, § 1(2), 6-9-1980)

Memphis Code of Ordinances § 14-16-7 Supervision of installation, relocation, alteration or repair of equipment.

Sec. 14-16-7. - Supervision of installation, relocation, alteration or repair of equipment. The installation, relocation, alteration or repair of all elevators, dumbwaiters and escalators must be performed under the supervision of an electric elevator installer licensed by the city. (Code 1967, § 49-7; Code 1985, § 46-7)

Memphis Code of Ordinances § 14-16-8 Responsibility of person installing, relocating or altering equipment.

Sec. 14-16-8. - Responsibility of person installing, relocating or altering equipment. The person or firm installing, relocating or altering an elevator, dumbwaiter or escalator shall be responsible for its operation and maintenance until the operating permit therefor has been issued by the director of planning and development, except during the period when any limited operating permit, as defined in section 14-16-42 shall be in effect, and shall also be responsible for all tests of new, relocated and altered equipment until the operating permit therefor has been issued by the director. (Code 1967, § 49-8; Code 1985, § 46-8)

Memphis Code of Ordinances § 14-16-9 Registration of elevators, escalators and dumbwaiters.

Sec. 14-16-9. - Registration of elevators, escalators and dumbwaiters. The owner or lessee of every elevator, escalator, and dumbwaiter shall register with the office of planning and development each such elevator, escalator or dumbwaiter owned or operated by him or her, giving type, contract load and speed, name of manufacturer, its location and the purpose for which it is used and such other information as the division may require. Such registration shall be made on a form to be furnished by the division on request. (Code 1967, § 49-9; Code 1985, § 46-9)

Memphis Code of Ordinances § 14-16-10 Requirements for elevator operators.

Sec. 14-16-10. - Requirements for elevator operators. A. Before any person may operate an elevator, except automatic operation and continuous pressure operation elevators, he or she shall be at least 18 years of age and properly qualified by passing an examination prescribed by the director of planning and development. No person shall employ or permit any person to operate any elevator who is not so qualified. B. A fee of $1.00 shall be charged for each qualifying elevator operator who shall be issued an elevator operator's card. No such card will be issued unless the fee is included with the application. (Code 1967, § 49-10; Code 1985, § 46-10)

Memphis Code of Ordinances § 14-16-11 Requirements for amusement device operators.

Sec. 14-16-11. - Requirements for amusement device operators. Amusement devices shall be in the charge of competent persons of responsible age. (Code 1967, § 49-11; Code 1985, § 46-11)

Memphis Code of Ordinances § 14-16-12 Notice of cancellation, expiration or placing of insurance on elevators.

Sec. 14-16-12. - Notice of cancellation, expiration or placing of insurance on elevators. In case an insurance company cancels insurance upon any elevator or the policy expires and is not renewed, notice shall immediately be given to the city elevator inspector. An insurance company shall likewise notify the city elevator inspector immediately upon placing of insurance upon an elevator. (Code 1967, § 49-12; Code 1985, § 46-12)

Memphis Code of Ordinances § 14-16-13 Elevator, dumbwaiter and escalator accidents.

Sec. 14-16-13. - Elevator, dumbwaiter and escalator accidents. A. The owner of an elevator, dumbwaiter or escalator, or his or her duly authorized agent, shall immediately notify the director of planning and development of each and every accident to a person requiring the service of a physician or disability exceeding one day, or damage exceeding $100.00 to the elevator, dumbwaiter or escalator or its hoistway or its hoistway enclosure or doors, and shall afford the director every facility for investigating and inspecting such accident or damage. The director shall, without delay, after being notified, make an investigation and shall have placed on file a full and complete report of such accident. B. Such report shall give in detail all material facts and information available and the cause or causes, so far as they can be determined, which shall be open to the public inspection at all reasonable hours. When an accident involves the failure or destruction of any part of the construction or the operating mechanism of such a device, the use of such device is forbidden until it has been made safe and until it has been reinspected and any repairs, changes or alterations have been approved by the director and a permit in such form as the director may prescribe has been issued. The removal of any part of the damaged construction or operating mechanism from the premises is for-bidden until permission to do so has been granted by the director. (Code 1967, § 49-13; Code 1985, § 46-13)

Memphis Code of Ordinances § 14-16-14 Institution of prosecutions under chapter.

Sec. 14-16-14. - Institution of prosecutions under chapter. Prosecutions for violations of the provisions of this chapter shall be instituted by the city elevator inspector or his or her duly authorized deputy. (Code 1967, § 49-14; Code 1985, § 46-14)

Memphis Code of Ordinances § 14-16-15 Penalty for violations of chapter—Continuing violations.

Sec. 14-16-15. - Penalty for violations of chapter—Continuing violations. Any person, including the owner, agent, contractor, mechanic, or worker violating any of the terms or provisions of this chapter, or failing to obey any order of the director or the city elevator inspector issued in pursuance of the enforcement of this chapter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in section 1-24-1 and, where such violation is of continuing nature, each day such person violates any such provision or fails to conform to any such provision of this chapter or any such order of the director or of the city elevator inspector, shall be deemed a separate offense. (Code 1967, § 49-15; Code 1985, § 46-15)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT14BUCO_CH14-16ELDUESAMDE_ART1GEPRFetched: 10/28/2026