DOB Issued Updates On 2023 Elevator Filing Penalties

The DOB released two Service Notices focused on 2023 elevator filing penalties, with a reminder for 2022 cycle penalties. Read on to see what’s happening this summer for elevator filings and fines:

Penalties For 2023 Coming In August

The DOB’s latest Service Notice outlines when to expect penalties for the 2023 elevator filing cycle. Per the Department, violations for failure to file Category 1 Elevator Test Reports and Periodic Inspection Reports for last year’s cycle will be issued in August 2024. The DOB will also issue violations in August for failure to file Affirmations of Correction for 2023 – if they weren’t filed by April 14, 2024.

How Do I Correct Elevator Violations?

To dismiss violations for failure to file, civil penalties must be paid (or waived), and a current Cat 1 Test Report, Periodic Inspection Report, and/or Affirmation of Correction must be on file, as applicable. Payments or requests to waive civil penalties must be submitted in DOB NOW: Safety. In-person/mail payments are not accepted.

Penalties for all the referenced violations – failure to file and failure to correct – are $3,000 per noncompliant device.

Reminder: No Penalties In Certain Cases

Per our blog post earlier this year, and a reminder Service Notice, the DOB will not require owners to pay a civil penalty for failure to file Affirmations of Correction by the standard due date for defects found in 2022 and 2023 – provided that the AOC was submitted by April 14, 2023 (for 2022 filings) or April 14, 2024 (for 2023 filings). 

Here’s the standard timeframe and due date for filing an Affirmation of Correction on a Category 1 Elevator Inspection (or Periodic Inspection):

Defects identified on CAT1 tests and on periodic inspections must be corrected within 90 days after the initial inspection identifying defects and filed within 14 days from the date of correction. Defects not corrected and filed within 104 days after the initial inspection date will result in Failure to Correct (FTC) violations.

With their update in early Spring, the DOB essentially made an extended grace period for these filings in 2022 and 2023. That said, extensions aren’t guaranteed going forward. It’s important to communicate with your elevator vendor and ensure corrections are filed on time to avoid future penalties.

2022 Cycle

The DOB has dismissed any violations issued to owners for failure to file Affirmations of Correction in 2022 if the Affirmation of Correction was submitted by April 14, 2023. You’ll be able to see the status of these violations in your SiteCompli account on the DOB Violations page, filtered for “Elevator 1-Year” type inspections. These violations are also tagged as FTC, or Failure to Correct.

If you already paid fines for violations that were dismissed due to the April 14th extension, you can request a refund from the DOB by following these instructions.

2023 Cycle

For the 2023 cycle, the DOB will not issue FTC violations for Affirmations filed by April 14, 2024.

Questions about devices in your account? We’re happy to help! Reach out to support@sitecompli.com.

 

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About the Author

Kristen Hariton

Kristen Hariton is the Vice President, Product Engagement at SiteCompli, focused on exploring new solutions and innovations in property operations tech. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.