Elevator Removed Without Permit

DOB issued a violation notice to landlord in 2002 for removing a freight elevator at its building without first obtaining a permit. Landlord stated that it had hired a company to remove the elevator in 1993. The company obtained a permit to dismantle the elevator instead of a permit to remove it. Landlord also claimed that, over the years, DOB inspectors performed annual inspections and never told him that he had gotten the wrong permit. The ALJ ruled against landlord and find it $500. Landlord appealed, claimed that there was no difference between dismantling and removing the elevator. ECB ruled against landlord. The Building Code defines these terms differently. A dismantled elevator is disconnected and sits at the bottom of the hoistway. Removal of an elevator involves removal of the elevator car, guide rails, counterweight, and cable. Although DOB inspectors didn't advise landlord that he needed a different permit to remove the elevator, landlord was responsible for getting the right permit.

M. Slavin & Sons, Ltd.: ECB App. No. 42438 (5/1/08) [2-pg. doc.]