The DOB just adopted new rules for elevators and other vertical transport devices, including requirements owners must abide by during extended outages.
While there are a number of other updates included in the DOB’s rule, we’ll focus on the ones that might have the biggest impact: Cease Use Orders and Alternative Accommodations for Extended Outages.
Cease Use Orders
A cease use order will be issued for any elevator, escalator, personnel hoist, or moving walk that is or may be dangerous to life, health, or safety. Equipment subject to a cease use order must be tagged as unsafe, and that tag cannot be removed without DOB approval.
To return a device to service, owners must pay a $65 fee and have the DOB formally rescind the order.
The rule now uses the term “dangerous” (rather than “imminently hazardous”) to align with Section 28-207.5 of the Administrative Code. Specific dangerous conditions listed in the rule include elevators running with open doors, broken limit switches, missing gibs, inoperable governors, non-functioning interlocks, and more.
Importantly, daily enforcement action may now be taken for these conditions. This would come after the issuance of an immediately hazardous (Class 1 DOB-OATH) violation.
Alternative Accommodations For Extended Outages
This is one of the more significant additions in the new rule for residential building owners. When all elevators are out of service in a building or building section, and that outage extends beyond 14 days, owners are now required to provide alternative accommodations for tenants.
Acceptable accommodations include:
- Installing a temporary vertical transportation device
- Relocating tenants to portions of the building that don’t require elevator access – with a specific requirement that individuals with disabilities must be relocated to an accessible space on the ground floor
- Relocating tenants to another building with elevator service
- Reimbursing tenant hotel or lodging costs
Owners must also post a notice of tenants’ rights to alternative accommodations adjacent to the elevator hall call buttons on each floor where elevators are out of service. Any details on the notice including format and/or language are still to come.
For outages beyond 14 days, owners must submit proof of a practical difficulty and an elevator restoration schedule to the DOB. Acceptable proof includes letters from part manufacturers or authorized part distributors. The DOB outlines many conditions that could constitute a practical difficulty in the text of the approved law, linked here.
Other parts of the new law reference inspection appointments (and penalties for missing or cancelling late), increased pre-inspection clearance fees, and temporary use certificate renewals. We recommend connecting with your elevator vendor and/or consultant if you have any questions about these, or the changes above.
All of these rules go into effect on June 11, 2026.
Elevators In Your Account
Don’t forget – you can view information related to elevators (including required filings, complaints, and violations – DOB and DOB-OATH) in your SiteCompli or InCheck accounts. Our team is happy to help direct you to the right page, or set up a recurring report for the elevator details you need.
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