The NYC Cat 1 deadline: test by Dec 31, file by Jan 21

Key dates each year

Each test also sets its own deadlines:

• Day 21: the report is due. Filed later, it is late and costs a monthly penalty, until Jan 21.
• Day 90: defects must be corrected. Hazardous conditions are corrected immediately.
• 14 days after the fix: the affirmation of correction is due.
• Day 104 (90 + 14): defects not corrected and affirmed become a failure-to-correct violation.

For example, a test on Dec 15 is due Jan 5, and DOB NOW stops accepting it after Jan 21. Its defects must be corrected by Mar 15. See defect deadlines.

How to finish the year on time

1. Check what DOB has on file

Search the DOB NOW public portal for each elevator you maintain. You can search by:

• address;
• Building Identification Number (BIN);
• block and lot;
• device number.

Filed reports appear under “Safety: Compliance Filings”. List every elevator without a Cat 1 for the current year.

2. Book witnesses first

Every contractor in the city books from the same witnessing agencies, and they fill up toward the end of the year. Book the elevators that need a witness before the others.

3. Check each elevator’s periodic inspection date

DOB NOW rejects a Cat 1 dated less than 90 days from the elevator’s periodic inspection, or less than 6 months from another Cat 1. Before booking, look up the year’s periodic inspection date:

• If it was less than 90 days before Dec 31, no Cat 1 date is left in the year.
• If the elevator still needs both, the two must be 90 days apart within the year, so the first must be done by Oct 2. After that, only one fits, and the other gets a $3,000 failure-to-file penalty. Agree with the owner which one to do.

4. Arrange access with each building

The elevator is out of service during the test, and the witness needs machine-room access. Agree on the date with the managing agent or super when you book the witness.

5. File reports that found defects

A Cat 1 can be filed with unsatisfactory results. File it within 21 days; the defects then have their own 90 days.

6. Don’t count on an extension

The rule offers no routine extension of the Dec 31 test deadline. The two 45-day extensions cover correcting Cat 1 defects; see defect deadlines.

7. File as you go

File each report within its 21 days. A December test has little room: DOB NOW does not accept it after Jan 21.

What happens after Jan 21

DOB NOW stops accepting the previous year’s Cat 1 reports and issues failure-to-file violations. The owner pays the penalty and still needs a new test and report; see late and expired filings. Paying alone doesn’t clear the violation; see NYC elevator fines.

Sources

1. 1 RCNY §103-02, Elevator inspections and tests (DOB, PDF) — cycle, filing deadlines, correction, penalties.
2. DOB, Elevator Compliance — Jan 21 and Jan 14 last filing days, failure to correct at 104 days.
3. DOB Industry Notice, Changes to Elevator Inspections in DOB NOW: Safety (Jan 2022, PDF) — 6-month and 90-day spacing, extensions.
4. DOB Service Update, New Requirements for Category Testing of Elevators (Dec 30, 2021, PDF) — 45-day extensions.
5. DOB NOW: Safety Elevator FAQs — public portal search.