What Is an FS90 Elevator Violation (and How to Fix It Before Shutdown)?

If you manage or own a building in Massachusetts with an elevator, three letters can bring your operation to a halt: FS90. An FS90 violation issued by the Massachusetts Department of Public Safety (DPS) isn't just a paperwork problem — it's a formal notice that your elevator has failed to meet state safety standards and is at risk of being shut down.

The good news? Most FS90 violations are correctable — if you act quickly and work with a licensed elevator contractor. In this post, we'll break down exactly what an FS90 violation is, what triggers one, and what steps you need to take to resolve it before your elevator is taken out of service.

What Is an FS90 Violation?

An FS90 is a violation notice issued under Massachusetts General Law Chapter 143 and the Massachusetts Elevator Regulations (524 CMR). It is issued by a State Elevator Inspector following a routine inspection, a complaint-based inspection, or a follow-up to a previously failed inspection.

The "FS90" designation refers to the official form used by the DPS to document the deficiency. When an inspector identifies a code violation — whether it's a worn door component, a missing safety certificate, or a malfunctioning emergency device — they record it on this form and issue it to the building owner or property manager.

There are two categories of FS90 violations:

Immediate Shutdown (Stop Order) The elevator must cease operation immediately. This is reserved for the most serious safety hazards.

Correction Required (Time-Limited) The elevator may continue operating temporarily, but the violation must be corrected within a specified timeframe — typically 30 to 90 days.

What Triggers an FS90 Violation in Massachusetts?

FS90 violations can stem from a wide range of deficiencies. The most common causes we see at Keystone Elevator include:

•      Expired or Missing Certificate of Inspection: Massachusetts requires elevators to be inspected annually (or semi-annually for high-use units). Operating without a current, posted certificate is one of the most common — and most avoidable — FS90 triggers.

•      Door and Gate Safety Failures: Faulty door operators, worn gibs, misaligned hoistway doors, or door reversal devices that don't function correctly are among the top mechanical violations cited by inspectors.

•      Safety Device Deficiencies: This includes malfunctioning governor systems, worn or out-of-spec safeties, broken or missing pit stop switches, and non-functioning car top emergency exits.

•      Emergency Communication Failures: Massachusetts requires a functioning, hands-free, two-way communication system in every elevator cab. A dead phone or intercom system will result in an immediate violation.

•      Lighting Deficiencies: Required lighting in the car, pit, and machine room must meet minimum foot-candle levels. Burnt-out or missing lighting in these areas is a citable violation.

•      Pit and Machine Room Conditions: Water intrusion in the pit, storage of unauthorized materials in the machine room, missing fire protection, or improper temperature control can all trigger violations.

•      Oil or Hydraulic Fluid Leaks: Hydraulic elevators with active leaks in the pit or on the jack unit are a common source of violations, particularly in older buildings.

•      Out-of-Date Load Test Documentation: Massachusetts requires periodic load and safety tests. Missing or expired test records are a straightforward documentation violation that can often be resolved quickly.

What Happens If You Ignore an FS90 Violation?

Ignoring an FS90 violation is not an option — and the consequences escalate quickly. Here's what's at stake:

•      Elevator shutdown by the State: If the violation is not corrected within the required timeframe, the DPS has authority to issue a Stop Order, taking the elevator entirely out of service.

•      Civil penalties: Building owners can face fines for operating an elevator in violation of 524 CMR. Fines increase for each day the violation remains unresolved.

•      Increased liability exposure: If someone is injured on an elevator with an open FS90 violation, the building owner's legal exposure increases significantly.

•      Failed re-inspection: Re-opening a shutdown elevator requires a formal re-inspection and sign-off from a licensed inspector — a process that can take weeks and involves additional costs.

How to Resolve an FS90 Violation: Step by Step

Once you receive an FS90 violation, here is the process for getting back into compliance:

1.  Step 1: Read the Violation Notice Carefully

The FS90 form will specify the exact code section violated, the nature of the deficiency, and the required correction deadline. Note whether your elevator has been issued a Stop Order or a time-limited correction notice — this determines how urgently you need to act.

2.  Step 2: Contact a Licensed Massachusetts Elevator Contractor

Under Massachusetts law, only a licensed elevator contractor can perform repair work on a regulated elevator. Do not attempt DIY repairs — doing so can void your certificate of inspection and create additional liability. Contact your elevator contractor immediately upon receiving the notice.

3.  Step 3: Schedule a Site Evaluation

Your contractor should inspect the elevator in person to confirm the violation, assess the scope of repair, and identify any related deficiencies that should be addressed at the same time. Fixing only the cited item and missing related issues is a common cause of re-violation.

4.  Step 4: Complete Required Repairs

Your contractor will perform the necessary repairs using code-compliant parts and methods. All work should be documented with written service records that include technician credentials, parts used, and completion date.

5.  Step 5: Submit Documentation to the DPS

Depending on the type of violation, you may need to submit proof of repair to the Massachusetts DPS Elevator Program before your elevator is cleared for use. Your contractor can advise on exactly what paperwork is required.

6.  Step 6: Schedule a Re-Inspection (If Required)

For shutdown orders or certain major violations, a re-inspection by a state elevator inspector is required before the elevator can be returned to service. Your contractor can coordinate this on your behalf.

7.  Step 7: Post the Updated Certificate

Once cleared, ensure your current Certificate of Inspection is posted in a visible location within the elevator cab, as required by Massachusetts law.

⚠  Pro Tip from Keystone Elevator

When you receive an FS90 violation, photograph the notice and forward it to your elevator contractor the same day. Even a few days of delay can reduce your window for correction and increase the risk of a shutdown order.

How to Prevent FS90 Violations in the First Place

The most cost-effective approach to FS90 violations is preventing them. A proactive maintenance program — not just reactive repairs — is the foundation of elevator compliance in Massachusetts. Here's what that looks like:

•      Enroll in a full-maintenance contract: A comprehensive maintenance agreement with a licensed contractor ensures your elevator receives regular lubrication, adjustment, and parts inspection on a set schedule.

•      Schedule annual code compliance reviews: In addition to routine maintenance visits, have your contractor conduct a dedicated review of your elevator against current 524 CMR requirements, particularly when code updates take effect.

•      Track your inspection and test dates: Know when your Certificate of Inspection expires. Know when your load and safety tests are due. Don't let these lapse.

•      Address minor issues immediately: Small repairs deferred become large violations. If a technician identifies a worn part or marginal component during a maintenance visit, authorize the repair before it becomes an FS90.

•      Keep machine room and pit conditions clean: Regular pit cleanings, addressing any water intrusion, and maintaining proper lighting and temperature in the machine room go a long way toward passing inspections.

Massachusetts Elevator Compliance: Key Regulations to Know

Massachusetts elevator compliance is governed by several overlapping regulatory frameworks. Understanding the key references helps building owners stay ahead of inspections:

•      524 CMR (Code of Massachusetts Regulations): The primary state elevator safety code, adopted and enforced by the DPS. References ASME A17.1 (Safety Code for Elevators and Escalators) with Massachusetts-specific amendments.

•      Massachusetts General Law Chapter 143: Governs the inspection and licensing of elevators, escalators, and other hoisting machinery in the Commonwealth.

•      ASME A17.1 / A17.3: The national standard for new elevator construction (A17.1) and existing elevators (A17.3). Massachusetts inspectors test against these standards as interpreted by 524 CMR.

•      Annual Inspection Requirement: All elevators in Massachusetts must be inspected at minimum annually by a licensed state elevator inspector or an approved third-party inspector.

Received an FS90 Violation? Keystone Elevator Can Help.

Keystone Elevator specializes in elevator maintenance, repairs, and compliance for Massachusetts building owners and property managers. Our licensed technicians can help you move from violation to clearance as efficiently as possible.

Contact us today for a compliance evaluation: 781-340-3860  |  keystoneelevator.com

Final Thoughts

An FS90 violation is a serious matter, but it doesn't have to mean a prolonged shutdown or a stressful experience. With the right contractor in your corner, most violations can be resolved efficiently and documented properly the first time.

The best strategy is always prevention: a well-maintained elevator, properly documented, inspected on schedule, and serviced by a licensed Massachusetts elevator contractor. But when a violation does occur, respond quickly, communicate with your contractor immediately, and follow the correction process carefully.

Keystone Elevator is here when you need us — whether you're dealing with an active violation or simply want to make sure your elevator never gets one.