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Amherst, NY Building Safety: Elevator Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
Amherst Code § 151-81
Certificate
Current inspection certificate must be displayed
Minimum service
1 elevator running when building occupied
Exception
Sole elevator may pause for testing/servicing
Enforcing agency
Building Commissioner (code official)
Penalty
Up to $250 fine or 15 days jail per day

Summary

Amherst's Property Maintenance Code requires elevators, dumbwaiters, and escalators to be kept free of physical and fire hazards and to safely sustain all imposed loads under § 151-81, with a current inspection certificate posted or available on request. Buildings with passenger elevators must keep at least one running whenever occupied, except during testing or servicing of a sole elevator.

Elevators, dumbwaiters and escalators shall be maintained to sustain safely all imposed loads, to operate properly and to be free from physical and fire hazards. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. ... In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing.

Full Breakdown

Section 151-81A requires that elevators, dumbwaiters, and escalators be maintained to sustain safely all imposed loads, operate properly, and remain free from physical and fire hazards, and that the most current certificate of inspection be displayed at or on the equipment, or kept available for public inspection in the building operator's office. Section 151-81B then imposes a service-continuity rule: in buildings equipped with passenger elevators, at least one elevator must be kept in operation at all times the building is occupied, with a narrow exception for buildings that have only one elevator, which may be taken temporarily out of service for testing or servicing.

These duties fall on the owner as part of Article VII's general maintenance obligations (§ 151-48B), enforced by the code official, the Commissioner of Building. A violation follows the § 151-53 notice process, requiring written notice describing the defect and a reasonable correction period, served personally, by mail, or posted on the property. Because elevators, escalators, and dumbwaiters sit within the mechanical/facilities portion of Article VII rather than the fire-safety article, a lapsed certificate or an inoperable elevator in an occupied multi-elevator building is treated the same as any other Article VII maintenance violation for penalty purposes.

Violations & Fines

Failing to keep required equipment safe, failing to display a current inspection certificate, or leaving an occupied building without at least one working passenger elevator, after notice under § 151-53, is punishable under § 151-52D by a fine of up to $250 or up to 15 days in jail, or both, with each day of continued violation a separate offense.

Frequently Asked Questions

What condition must Amherst elevators be kept in?
Section 151-81A requires elevators, dumbwaiters, and escalators to safely sustain all imposed loads, operate properly, and be free from physical and fire hazards, with a current inspection certificate posted or available on request.
Must a building always have a working elevator?
Yes, under § 151-81B, buildings with passenger elevators must keep at least one running whenever the building is occupied, except that a building with only one elevator may take it out of service temporarily for testing or servicing.
Who inspects and enforces Amherst's elevator rule?
The code official, the Commissioner of Building, enforces § 151-81 as part of Article VII of the Property Maintenance Code, following the notice procedure in § 151-53 when a violation is found.
What is the penalty for an unsafe or out-of-service elevator?
After notice under § 151-53 is not corrected, § 151-52D allows a fine up to $250 or up to 15 days in jail, or both, for each day the violation continues.

Sources & Official References

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