How to Handle an Elevator Violation (E)
E is the elevator code in a Department of Buildings violation number. The types page gives that letter one meaning: elevator. It does not split E into test types or permit types. The notice states the condition. The Elevator Unit covers elevators and other vertical-transportation devices, including escalators, moving walks, personnel hoists, and amusement rides.
Read the notice
Check that the number uses E, and not a longer elevator mark. EIT is elevator safety test. LL10/81 is Local Law 10 of 1981, also an elevator safety-test label. VEW and VECW are elevator work without a permit. VEWL and VWL add an elevator lien. Those are different codes. An asterisk means the types page marks the item dismissed.
Older summonses say ECB. Current pages call that path an OATH summons. OATH holds the hearing. OATH is not part of the Department of Buildings and does not issue the summons. A DOB violation is a notice that the property is out of compliance, plus an order to correct. There is no court appearance. The Department names failure to file a required annual elevator report as one DOB violation that can include a fine.
If a class is printed, Class 1 is immediately hazardous, Class 2 is major, and Class 3 is lesser. The class is severity, not a second elevator type. The letter E does not set it. On a summons, read the hearing date and any cure date. Where a cure is allowed, an acceptable certificate of correction is still required. A cure is an admission. Paying the penalty does not close the Department record.
What the city is requiring
Follow the condition on the notice. Elevators must be inspected and tested twice a year. The periodic inspection is a visual inspection. Category 1 is an annual no-load safety test. Category 5 is a rated-load test on a five-year cycle. Permits are required for new installations or major upgrades. The compliance page states late-filing amounts that differ by device and by test. They are not reprinted here.
Filings missed by the stated January deadlines will not be accepted, and failure-to-file violations will be issued, for periodic, Category 1, and Category 5 reports. Defects on Category 1 tests and periodic inspections must be corrected within 90 days and filed within 14 days of correction. Defects not corrected and filed within 104 days result in failure-to-correct violations.
The Department says the most common elevator violations come from failure to maintain a building device, issued when defects are found during testing. A DOB violation of that kind must be corrected within 10 calendar days. Failure may lead to criminal proceedings. Use those clocks only when your paper is that kind of elevator violation.
PVT items are separate. If the condition is hazardous, or there was no access to the device or the machine room, a certified elevator inspection company requests a Department re-inspection. If it is not hazardous, the company may re-inspect and file an Affirmation of Correction, form ELV29. That split applies when the paper is a PVT item, not because the number contains E.
What S & M Expediting handles
S & M Expediting researches whether the paper is a DOB violation or an OATH summons. We prepare and file the certificate of correction and the related Department filings, and we follow them. When the paper is a summons, we can appear at the OATH hearing.
S & M Expediting is a Class 2 filing representative. We will work with the elevator contractor you have, or if not, we will recommend one from our network. See our DOB violation removal service.
Who does the corrective work
A certified elevator inspection company, or the licensed elevator contractor the notice requires, does the test, the repair, and any affirmation the paper names. We will work with the elevator contractor you have, or if not, we will recommend one from our network.
Call us at 718-833-2333 or email info@sandmexpediting.com. Bring the notice and any inspection or test report you already have. S & M Expediting is a New York City certified minority- and women-owned business.