The DOB announced approval of a rule outlining specific elevator penalties waived following recent changes. Here’s what you need to know:
What’s Changing: Waived Penalties
Specific penalties for failure to file Affirmations of Correction (AOCs) are being waived for the past 2 cycles of elevator inspection filings.
According to the text of the final rule,
to allow building owners to have more time to adjust to the timelines and requirements to file elevator affirmations of correction that went into effect on January 15, 2022, Rule 103-02 is now amended to specify that penalties for failure to file an affirmation of correction will not be assessed for affirmations due with respect to defects identified during the 2022 and 2023 inspection and test cycles for owners who submitted affirmations of correction by April 14, 2023 for conditions discovered during the 2022 cycle or by April 14, 2024 for conditions discovered during the 2023 cycle
To sum up, as long as AOCs were submitted for devices by April 14, 2023 for the 2022 cycle, or April 14, 2024 for the 2023 cycle, penalties will not be assessed. As of publish time, owners have a little less than 2 weeks to submit any remaining Affirmations of Correction for the 2023 cycle. Per the notes of the rule, monthly penalties for late filings will still apply.
What’s Not Changing: Corrective Timeframes
This waiver is going into effect to give owners and managers more time to adjust to the new, shortened filing and penalty timelines that went into effect in 2022 – and, as of now, aren’t being adjusted.
Shorter timeframes may have had significant impact on coordination between vendors, owners, and managers citywide. That said, starting this cycle (2024), penalties for not adhering to the newer, shorter timeframes will be in full effect.
As a reminder, here are elevator correction timeframes – the third column showing current requirements:
| Requirement | Old Timeframe | New Timeframe (Since 2022) |
|---|---|---|
| Correct Defects | 120 Days | 90 Days |
| Submit Correction | 60 Days | 14 Days |
Takeways?
- Make sure you’ve submitted any outstanding AOCs for the 2023 cycle before April 14, 2024
- Continue to coordinate with your trusted elevator experts and consultants to ensure corrective filings meet the new timeframes
- Reach out to our team at support@sitecompli.com if you have any questions about elevator information for your portfolio, or next steps in any process
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