Enforcement of
Elevator and Related
Equipment Inspections
2010-MS-6
Thomas P. DiNapoli
Table of Contents
Page
AUTHORITY LETTER 2
EXECUTIVE SUMMARY 3
INTRODUCTION 5
Background 5
Objective 6
Scope and Methodology 6
Comments of Local Officials 6
September 2010
A top priority of the Office of the State Comptroller is to help local government officials manage
government resources efficiently and effectively and, by so doing, provide accountability for tax
dollars spent to support government operations. The Comptroller oversees the fiscal affairs of
local governments statewide, as well as compliance with relevant statutes and observance of good
business practices. This fiscal oversight is accomplished, in part, through our audits, which
identify opportunities for improving operations and City Council governance. Audits also can
identify strategies to reduce costs and to strengthen controls intended to safeguard local government
assets.
Following is a report of our audit titled Enforcement of Elevator and Related Equipment
Inspections. This audit was conducted pursuant to Article V, Section 1 of the State Constitution
and the State Comptroller’s authority as set forth in Article 3 of the General Municipal Law.
This audit’s results and recommendations are resources for local government officials to use in
effectively managing operations and in meeting the expectations of their constituents. If you have
questions about this report, please feel free to contact the local regional office for your county, as
listed at the end of this report.
Respectfully submitted,
There are an estimated 700,000 elevators and 35,000 escalators in the United States.1 Incidents
involving elevators and escalators kill about 30 and seriously injure about 17,000 people each year
in the United States.2 Many of the deaths could have been prevented if adequate maintenance and
inspection procedures had been in place in the involved buildings.
New York State Property Maintenance Code Section 606.1 (Code) requires that all elevators,
dumbwaiters and escalators be maintained to safely carry all imposed loads, that they operate
properly, and that they be free from physical and fire hazards. The Code specifies that elevator
inspections be performed every six months by a qualified elevator inspector (QEI).3 In addition,
Article 18 of the New York State Uniform Fire Prevention and Building Code Act (Article 18)
requires local governments to enforce the Code and ensure that property owners meet schedules
for inspections and tests set forth in the Code.
The objective of our audit was to determine whether local governments are ensuring that all
elevators and related equipment are being properly inspected and tested in accordance with
Code requirements for the period January 1, 2009 through April 6, 2010. Our audit addressed the
following related question:
• Are local governments ensuring that public elevators and escalators are being inspected
and tested by certified QEIs as scheduled in the Code?
Audit Results
Five of the six cities audited are not ensuring that public elevators and related equipment are
inspected as required by the Code. Only Buffalo has a tracking system in place that enables it
to successfully enforce compliance with the Code. While not in compliance, Elmira verifies that
building owners provide for annual on-site inspections (the Code requires inspections every six
months). However, we found that Binghamton, Troy, Poughkeepsie and Utica do not ensure that
property owners have their elevators and related equipment properly inspected and/or tested
in accordance with Code. These cities had no systems to inventory and track elevators and
related equipment4 subject to inspection requirements, and to monitor compliance with Code
1
According to the Elevator Escalator Safety Foundation at http://eesf.org
2
According to the U.S. Bureau of Labor Statistics and the Consumer Product Safety Commission
3
A QEI meets the qualification requirements of the American Society of Mechanical Engineers.
4
Escalators, dumbwaiters and lifts are considered related equipment.
Since municipal officials often do not enforce the Code, we conducted tests to determine if
building owners complied with the Code’s provisions on their own. Our tests of 476 elevators in
192 properties (148 private properties and 44 city-owned buildings) found that, while inspection
compliance rates were excellent in Buffalo (100 percent) and Elmira (97 percent), compliance
rates ranged from 0 percent to 50 percent in the other four cities. In these four cities, only 63
of 213 (30 percent) of the elevators tested were QEI-inspected; further, none of the elevators in
these cities’ municipal buildings were inspected. Many building owners whose elevators were not
inspected as required told us that they did not know they were not following the Code, or that their
elevator maintenance companies informed them that the city did not require compliance with the
Code. The failure to enforce required elevator inspections in all buildings – including city-owned
buildings – puts public safety at risk.
The results of our audit and recommendations have been discussed with city officials and their
comments have been considered in preparing this report.
5
According to the Elevator Escalator Safety Foundation at http://eesf.org
6
According to the U.S. Bureau of Labor Statistics and the Consumer Product
Safety Commission
7
A QEI meets the qualification requirements of the American Society of
Mechanical Engineers.
Scope and Methodology For the period January 1, 2009 through April 6, 2010, we
interviewed municipal officials and examined records related
to the enforcement of elevator and escalator inspections, as
scheduled in the Code, in six cities.
Comments of Local The results of our audit and recommendations have been
Officials discussed with city officials and their comments have been
considered in preparing this report.
8
Escalators, dumbwaiters and lifts are considered related equipment.
Buildings Percent
City Elevators QEI-inspected
Tested Compliance
Binghamton 27 62 17 27%
Buffalo 56 197 197 100%
Elmira 29 66 64 97%
Poughkeepsie 21 30 0 0%
Troy 20 59 30 50%
Utica 39 62 16 25%
Total 192 476 324
In the four cities that did not monitor for inspections and enforce
compliance with the Code, we found that only 63 of 213 (30
percent) of elevators tested were QEI-inspected, as required by
Code. Even worse, none of the 28 elevators located in 19 city-
owned buildings in these four cities were QEI-inspected.
10
The buildings were owned by a total of 72 property owners/managers,
comprising 12 owners (including the municipality) in each city.
Recommendations 1. City officials should ensure that all elevators and related
equipment in city buildings are being inspected and tested in
compliance with Code.
We provided a draft copy of this global report to officials in each of the six cities we audited and
requested responses. We received response letters from the Cities of Binghamton, Buffalo, Elmira
and Utica. We provided the Cities of Troy and Poughkeepsie with an opportunity to respond, but
they chose not to respond to the draft global report within the designated timeframe.
Officials in the four cities agreed with our audit conclusions and recommendations, as indicated in
the following excerpts from their response letters.
City of Binghamton officials: “It is our intention to implement all five recommendations as soon
as possible after we receive the final report.”
City of Buffalo officials: “…we are delighted with the findings of the auditors and therefore have
no issues with the report.”
City of Elmira officials: “…we are very happy with our final outcome and the items pointed out to us
during this audit were helpful and have given us direction to hopefully improve our performance.”
City of Utica officials: “…policies and procedures consistent with these recommendations will be
established with the goal of attaining 100% compliance.” However, Utica officials also stated that
the comment we included from building owners, specifically that “elevator maintenance companies
informed them the city did not require compliance with the code” (page 10, paragraph 3), was hearsay.
OSC’s Comment
We visited buildings in each city to verify compliance with code requirements and to report the
building owners’ reasons for non-compliance. The reasons, as told to us by the building owners,
are properly attributed to the owners in our report.
We interviewed officials in the six cities to gain an understanding of the internal controls over the
monitoring and enforcement of the inspection of elevators in the cities. We reviewed relevant laws
and the building Code to familiarize ourselves with the statutes that impact the authorities having
jurisdiction over the enforcement of the inspections of elevators. We reviewed City records for
evidence of inspection and performed on-site visits to selected building owners/managers in the
Cities’ jurisdiction to review applicable records and determine if the elevators were being tested
and inspected in accordance with the Code.
• Familiarity with the Code and the prescribed review schedule pertaining to elevators,
escalators and associated equipment
• Responsible for maintaining an inventory of all elevators and associated equipment in the
City
• If there are local laws and/or policies and procedures in place for the oversight, review, and
monitoring of elevators and related equipment in the City
In reviewing city records to ascertain monitoring efforts over public elevators and escalators being
inspected and tested in accordance with the Code, we:
• Determined whether elevators and related equipment within the City that are housed
in zoned commercial property and would be subject to compliance with code had been
identified
• Chose 12 building owners from each City, from the inventory list (if one existed) and from
known area buildings with elevators such as hospitals/medical facilities, nursing homes,
private colleges, high-rise office buildings, apartments, and hotels through research
• Reviewed the elevators and related equipment information to determine compliance with
Code schedules. The on-site information from the locations were then compared with
available records at the City. Specific questions included:
o If the inspector was employed by or authorized by the City (the AHJ Authority
having jurisdiction)
o If a copy of the inspection report (or certificate), prepared by the QEI, was on file
with the City.
We conducted our performance audit in accordance with generally accepted government auditing
standards (GAGAS). Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions
based on our audit objective. We believe that the evidence obtained provides a reasonable basis for
our findings and conclusions based on our audit objective.
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