A defect found on a Cat 1 test or periodic inspection has two deadlines: one to correct it, and one to confirm the correction to the NYC Department of Buildings (DOB). Missing either brings the owner a failure-to-correct violation.
Last checked Sep 30, 2026 against 1 RCNY §103-02, DOB’s Elevator Compliance page and DOB notices. General information, not legal advice.
Correct defects found on a Cat 1 test or a periodic inspection (the yearly visual inspection) within 90 days. Hazardous conditions and defects in firefighters’ Phase I and Phase II emergency operation are corrected immediately. Within 14 days of the fix, file an affirmation of correction (AOC, DOB form ELV29) in DOB NOW: Safety, DOB’s online filing system. Defects not corrected and affirmed by day 104 (90 + 14) become a failure-to-correct (FTC) violation: $3,000 per elevator in most buildings.
The rule is 1 RCNY §103-02, DOB’s elevator inspection rule.
The 90 days count from the date of the test or inspection that found the defect, even if its report was filed later. They work the same way for Cat 1 and periodic inspection defects.
| When | What’s due | Example: test on Dec 15 |
|---|---|---|
| Immediately | Correct hazardous conditions and Phase I/II firefighter-operation defects | Dec 15 |
| Day 90 | Correct all other defects | Mar 15 |
| 14 days after correction | File the AOC (ELV29) | Depends on the fix date |
| Day 104 (90 + 14) | Uncorrected or unaffirmed defects become an FTC violation | Mar 29 |
The AOC is due 14 days after the fix. A defect fixed on day 30 has its AOC due on day 44; one fixed on day 89 has its AOC due on day 103.
Cat 3 and Cat 5 defects follow a different path: an unsatisfactory result can’t be filed, so defects are fixed before the report goes in. See the Cat 5 guide.
The rule lists two kinds of defect that “shall be corrected immediately”:
Hazardous and cease-use items are not reported on the ELV3 test report. Where DOB issues a Class 1 violation for a hazardous condition, DOB re-inspects the elevator after the fix, before it returns to public use.
The AOC is the owner’s statement that every defect found and reported has been corrected. An approved agency inspector checks the correction and is named on the ELV29. DOB’s Jan 2022 notice says to file within 14 days of that inspection, “otherwise inspection must be redone.”
For defects found on a Cat 1 test only, the owner can request more time to correct and file the AOC:
DOB lists no extension for periodic inspection defects.
The owner pays, per elevator. Failure to correct costs $3,000 ($1,000 in 1–2 family homes), and the rule classes it as a “major violation.” A late AOC costs a monthly penalty. All amounts are in NYC elevator fines.
Some older DOB pages still give 120 days to correct and 60 to file the AOC; see older DOB pages.
90 days from the date of the Cat 1 test or periodic inspection that found them. Hazardous conditions and firefighter Phase I/II emergency-operation defects must be fixed immediately.
Within 14 calendar days of the fix, filed as an ELV29 in DOB NOW: Safety.
A failure-to-correct violation, issued when defects aren’t corrected and affirmed within 104 days of the inspection. It costs the owner $3,000 per elevator in commercial, mixed-use and 3+ unit buildings, or $1,000 in 1–2 family homes.
For Cat 1 defects only: up to two 45-day extensions, with proof of extraordinary circumstances or a delay beyond the owner’s control. The first request is due within 90 days of the test.
In LiftAuth, each defect is logged as an Issue against the elevator, with photos, video and a severity, and stays visible to your office and the Building Manager until it is closed. The Building Manager approves the repair Quote in the building manager web or phone app, and signs off the Job once your Technician has done the work. LiftAuth does not count down the 90- and 14-day deadlines or file the AOC in DOB NOW.
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