Elevator Frequently Asked Questions - Buildings

Buildings


Construction SafetyTrainingInspectionsEnforcement

Inspection Units
Specialty Units

Inspection Units

Specialty Units


Elevator FAQs

Expand AllCollapse All

Click a topic, or press the enter key on a topic, to reveal its answer.

General Elevator Q & A

What is my elevator device number?

Your elevator device number is located on the inspection certificate located either in the elevator or in the building manager's office. It identifies the type of elevator, the borough location and the number assigned to the device by the Department of Buildings.

Do I have any violations on my elevator?

Research information through DOB NOW: Safety. See the June 2020 Service Notice for more information. Also review Resolving DOB Elevator Violations.

Do I need a permit to install an elevator or boiler? ?

Yes. An elevator application permit must be filed through DOB NOW: Build. A boiler application (PW1) should be filed at 280 Broadway, 1st Floor, by your Contractor/boiler-installer.

Do I need to file with Buildings for an installation of any elevator 'device' if it is in a private residence?

Yes. You need to file with the Department of Buildings and have an initial inspection.

Do I need a permit to renovate, remodel or remove an elevator?

Yes. An application permit must be filed through DOB NOW: Build.

Where do I get the application forms to file for elevators/boilers?

The application to file for elevators is found in DOB NOW: Build. Application forms for boilers can be obtained at 280 Broadway, 1st Floor or at any borough office.

How do I get my elevator inspected and when will the inspectors arrive?

The NYC Building Code requires three inspections within two years. Inspections are performed through a computerized routing system; specific inspection dates are not given to the public or owner. To register a complaint about an elevator, call 311.

I need someone to fix/repair my elevator. When will DOB get here?

The Department of Buildings does not repair elevators; it only inspects them. To register a complaint about an elevator that is not working properly, call 311.

When submitting an Affirmation of Correction (AOC) in DOB NOW: Safety I am prompted to upload a Notarized Sworn and Affirmed Statement document and a Supporting document. Do I need to provide these documents?

No. A future system enhancement will remove these required documents. In the meantime, upload any documents so that you can proceed. The documents will not be reviewed as part of the submission.

Elevator Violation Q & A

Why did I receive a notice of an elevator violation?

Department of Buildings records indicate that an approved elevator inspection agency did not submit a required Category 1(CAT1) or Category 5 (CAT5) inspection/test report.

For CAT1 filings accepted with defects, a subsequent Affirmation of Correction (AOC) must be filed with the Department. If the Department of Buildings does not have an AOC on record, it will result in the issuance of a failure to correct defects violation. All defects found on a CAT 1 are required to be corrected within 120 days. Within 60 days of the date of correction, an AOC is required to be filed with the Department.

Category 1 is a no-load safety test of an elevator device that must be performed between January 1st and December 31st of each calendar year. The filing deadline is 60 days from the date of the inspection and test.

Untimely filings are subject to civil penalties/late fees. Reports not filed within 12 months from the date of the inspection are considered expired and will not be accepted by DOB.

Category 5 is a rated, load and speed safety test that must be performed within five years from the month of issuance of a final certificate for a new elevator or within five years from the month of the most recent CAT5 inspection/test on an existing elevator. The five-year inspection/test is required for the various elevator device types listed in Table N1 of the 2014 NYC Building Code.

See NYC Administrative Code §28-304.6 for more information on inspection and test requirements.

How do I find out how much I owe and pay the violation?

Effective June 17, 2020, CAT1 and CAT5 violation payments must be paid in DOB NOW: Safety. This includes both Failure to File and Failure to File an Affirmation of Correction violation types. DOB NOW: Safety will calculate the penalties owed and contains all elevator violation and inspection report data from the Building Information System (BIS) and DOB NOW. To search and pay for a violation, follow these steps:

You need an NYC.ID account to login at nyc.gov/dobnow. If you need to create an NYC.ID account, visit nyc.gov/dobnowtips.

Select DOB NOW: Safety and then the Violations portal.

From the dashboard select +Violation Search/Payment.

Search by Violation Number, Device Number, Address or BIN. When a device number, address or BIN is entered, all active violations will appear along with the amount of the civil penalty due for each violation.

Select the violation for which you want to pay. Only one violation can be paid at a time.

Click Save. The respondent information on the request is populated from the information found in the profile of the account that was used to log into DOB NOW.

Complete the Statements & Signature section and click Save again.

Select Proceed to Pay. You will then be taken to the CityPay portal to complete payment.

Once payment is made, how does it get dismissed?

Payments made in DOB NOW: Safety by credit card will be processed immediately and the violation(s) status will change to dismissed in the Buildings Information System (BIS). Payments made by eCheck will take up to 10 days to be processed. An email notification will be sent when the payment has processed and the violation has been dismissed.

Violations from 2017 or later require a current CAT1 or CAT5 inspection report in accepted status to have been filed in DOB NOW: Safety. Once payment has been made, the violation will not be dismissed unless an accepted inspection report has been submitted. If an inspection report is submitted, an email notification will be sent and the violation will be updated to dismissed status in BIS within 24 hours.

Is there a deadline to pay the violation?

No, there is no deadline to pay the full civil penalty. Violations stay on the property until the civil penalty is paid and a current inspection/test report has been filed. There is no accrued interest. Open violations will stop issuance of a final certificate of occupancy and will negatively affect attempts to re-finance or sell a property.

Can I get the violation waived?

Most violations for failure to file an elevator inspection report cannot be dismissed without payment of the full civil penalty. In addition, a current elevator inspection report must be on file to clear violations from prior years. If you are a new owner or the elevator has been removed or is no longer required to file you may be eligible for a waiver.

To submit a waiver request, follow the below steps:

You need an NYC.ID account to login at nyc.gov/dobnow. If you need to create an NYC.ID, visit nyc.gov/dobnowtips or see the DOB NOW Account Registration for Owners guide.

Select DOB NOW: Safety and then the Violations portal.

From the dashboard select +Civil Penalty Waiver.

Search by Violation Number, Device Number, Address or BIN. When a device number, address or BIN is entered, all active violations will appear. Select the device number and then the specific associated violation(s) for which you want to submit a waiver request and press the +Add button. Only one device can be submitted per application and only five violations can be submitted per device. If there are more than five violations on a device, multiple applications will need to be submitted.

Select the Waiver Request Reason. See 1 RCNY §103-02 for waiver information.

Save the application to proceed. The respondent information on the request is populated from the information found in the eFiling account that was used to log into DOB NOW.

Upload any required supporting documentation on the Documents tab.

Complete the Statements & Signature section and Save the application again.

Select the Pay Now button to submit the payment of $35.00 in DOB NOW portal.

The last step is to select the Submit button. The request will not be reviewed by DOB staff until the Submit button is selected. Payments made by eCheck will take up to 10 days to be processed. An email notification will be sent when the payment has processed, and the request has been sent to DOB staff for review.

An email notification will be sent with the status of the review. If the waiver is granted for all the violations on the device and a current inspection report has been filed (if required), the violation status in BIS will be updated to dismissed.

What documents do I need to upload with my waiver request?

See 1 RCNY §103-02 for specific information about waiver reasons and the proof that needs to be provided for New Owner, Bankruptcy, and Government Ownership waivers.

I am a new owner and didn't own the property at the time of violation. Can the violation be waived?

The Department of Buildings does not grant automatic waivers of elevator violations issued to a prior owner. There are limited circumstances, and all conditions must be met. A final decision will be at the discretion of the Department. You may submit an Elevator Waiver of Civil Penalties request in DOB NOW: Safety. See Can I get the violation waived? for instructions on submitting a waiver if one of the below reasons applies:

A new owner may be granted a waiver of penalties contingent upon the department's acceptance of the owner's proof that transfer of ownership to the new owner occurred after penalties were incurred. Such waiver is limited to one of the following circumstances:

The new owner submits a complete Bargain and Sale Deed that includes the recording and endorsement cover page. The documents need to show proof of payment and should be submitted with the NYC Real Property Transfer Tax, NYS Estate Transfer Tax with Exhibits, and the Real Property Transfer Report with the full sale price and signed Certifications; or

The new owner submits proof to the department (such as a certificate from the Department of Housing Preservation and Development) that he or she took the title to the property as part of an economic development program sponsored by the government agency.

Government ownership. An owner may be granted a waiver of penalties upon submission of official documentation from a government entity affirming that the premises was owned in its entirety by the entity during the period for which a waiver is requested.

Bankruptcy. An owner may be granted waiver of penalties upon submission of a copy of a bankruptcy petition, together with proof that either the department or the New York City Law Department was served with a Notice of Bar Date.

Can I request a waiver if the device I received a violation for was removed, dismantled, new, replaced or work was in progress?

Yes, an owner may be granted a waiver of penalties contingent upon the department acceptance of proof of the following:

Removed or dismantled. That a permit was issued by the department for the removal or dismantling of the elevator(s) and that there was department sign-off, for removal only, indicating that the elevator was removed or dismantled prior to the inspection and test cycle for which the report was due.

New or replaced. That a final certificate was issued by the Department as part of a new installation during the inspection and test cycle for which the report was due.

Work in progress. That there was work in progress for the replacement or installation of a new elevator or major renovation requiring that the elevator be deactivated during the work. For the purposes of this subparagraph, proof shall mean the filing of an elevator application including a projected date of completion of work. Upon completion of work, a new Category 1 inspection and test report shall be filed in accordance with this section.

See Can I get the violation waived? for instructions on submitting an Elevator Waiver of Civil Penalties request.

I received a violation for a device that was located at a property that was demolished. How do I get the violation waived?

An owner may be granted a waiver of civil penalties contingent upon the Department's confirmation of the following:

Demolished. That the full demolition of the building occurred prior to the inspection and test cycle for which the report was due and that such demolition was signed-off by the department and/or that a new building permit has been issued for the property.

Sealed or vacated. That the building was ordered to be sealed or vacated by a government agency (i.e., DOB, HPD, FDNY or OEM) or by court order prior to the expiration of the inspection and test cycle for which the report was due.

See Can I get the violation waived? for instructions on submitting an Elevator Waiver of Civil Penalties request.

If I need more assistance with submitting an elevator violation payment or waiver, who do I contact?

If you need additional information with the elevator violations portal, submit an inquiry at nyc.gov/dobnowhelp.

I filed an elevator inspection report, but I received a violation. How do I get the violation removed?

See Can I get the violation waived? for instructions on submitting an Elevator Waiver of Civil Penalties request.

If the elevator inspection report was submitted on paper, upload a time-stamped copy of the report and proof of payment of the filing fee (if applicable) with the waiver request.

If the elevator inspection report was submitted online, search DOB records to see if your elevator company submitted an inspection report for the year the violation was issued. Go to DOB NOW and enter your address and click search. At the bottom of the screen select SAFETY: Compliance Filings, Compliance Type: Elevators. View the device details and obtain the Tracking Number of a filing with the same Inspection Type as the violation and a Compliance Report Status as Accepted or Accepted with Defects. Provide this tracking number in the waiver request Comments section

How do I find out if my property has an open work without a permit, failure to maintain or cease use elevator violation?

Go to the Buildings Information System (BIS). Select Building Information Search and use the Search by Property section to find your property. Toward the end of the Property Profile Overview page, select Violations-DOB or Violations-OATH/ECB.

How do I correct a work without a permit, failure to maintain or cease use elevator violation?

If you received an OATH summons for an audit/complaint inspection, you must correct the violating condition(s) and certify correction with the Department. See Resolve an OATH Summons for more information.

How do I correct an Elevator PVT Violation?

For Class 1 hazardous violations resulting in a Cease use of the device, a Certified Elevator Inspection Company must submit a letter, by mail or in-person to the Elevator Unit indicating the corrections made and request a re-inspection of the device.

If the violation is non-hazardous, (device kept in service) the certified elevator company may itself perform the re-inspection, once all listed defects have been corrected, and then submit an Affirmation of Correction (ELV29 Form) along with a copy of the violation to the Elevator Unit.

Download the ELV29 Form

Download the ELV29 Instructions

The Department only accepts paper ELV29/AOC Forms for the correction of PVT violations. AOCs for annual inspections/tests/CAT1s are required to be submitted in DOB NOW: Safety.

Where can I find elevator violations issued on a property?

Beginning with 2018-2022 failure to file category 1 elevator test reports that were issued in August 2023, elevator violations will only be found in DOB NOW and will not be available in BIS. For a complete record of violations on a property, search in DOB NOW.

I received a violation but don’t recognize the number format. What changed?

Beginning with 2018-2022 failure to file category 1 elevator test reports that were issued in August 2023, the violation number format changed and are only found in DOB NOW. For example, the old format indicated the issuance date, violation type, and sequence number and the new format includes the violation type, cycle end month, and sequence number. See the below example:

Old format example: 091517EVCAT104786 [issuance date] [violation type] [sequence number]

New format example: VIO-FTF-VT-CAT1-201812-0004321 [violation type]-[cycle end month]-[sequence number]

Helpful Links

Resolving DOB Elevator Violation

Amusement Ride Safety

Top Elevator Offenders