ISSUANCE #629
OPERATIONS POLICY AND PROCEDURE NOTICE #2/03
TO:Distribution
FROM: Robert LiMandri, Deputy Commissioner Operations
DATE: March 27, 2003
SUBJECT:Private Certified Elevator Inspection Company Non-Hazardous Violation Dismissal Program
EFFECTIVE:April 15, 2003
BACKGROUND:
There shall be established a procedure authorizing certified elevator inspection companies, on behalf of the owners, to perform re-inspections and submit affirmations of correction to dismiss non-hazardous violations (PVTs.) issued by any private elevator companies contracted by the Department of Buildings to perform periodic inspections.
PURPOSE:
The authority to submit an executed affirmation of correction to dismiss the violations will improve the DOB’s efficiency and productivity in its inspection response time for complaints, requests to lift “cease use” orders, and Certificate of Occupancy (C of O) inspections, and will also serve to reduce the time frame for scheduled elevator appointments.
The procedures outlined herein are intended to ensure the accuracy and credibility of the violation dismissal program and to serve to lessen corruption-related opportunities.
SPECIFICS:
The documentation affirming correction and requesting dismissal of the PVT violation must be signed by the owner of the property, the certified elevator inspection agency director, and the certified elevator inspector who performed the inspection and must include the agency director’s and inspector’s certification number after the respective signatures. See attached Affirmation of Correction form # ELV-2(03/03).
The DOB, pursuant to Administrative Code section 26-213(c), reserves the right to perform a fee-generating re-inspection at any time on any open violation(s).
A minimum of 20% of the affirmations submitted by the certified elevator inspection companies will be audited. Any discrepancies discovered during the audit, may result in the issuance of an Environmental Control Board (ECB) violation(s) against the owner and a complaint against the certified elevator inspection agency director and inspector that will be referred to the DOB Investigations and Disciplinary Unit (IAD). This audit inspection will take place within 45 days of the submission of the affirmation of correction.
In addition to the (IAD) referral, the owner and/or certified elevator inspection agency director and inspector may be charged with a violation of the Administrative Code section 26-124, for knowingly falsifying or allowing to be falsified any “certificate, form, signed statement, application, report, or certification of the correction of a violation.”
Private elevator companies contracted by DOB to perform periodic inspections and the inspectors employed by these companies, whether or not they perform the contracted periodic inspections, are not permitted to participate in this program.