S01945 Summary:
BILL NO | S01945B |
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SAME AS | SAME AS A01787-C |
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SPONSOR | BONACIC |
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COSPNSR | SAVINO, ADDABBO, AKSHAR, AVELLA, BOYLE, BRESLIN, CARLUCCI, COMRIE, DILAN, ESPAILLAT, FLANAGAN, FUNKE, GALLIVAN, GIANARIS, GOLDEN, GRIFFO, HAMILTON, HANNON, HASSELL-THOMPSON, HOYLMAN, KAMINSKY, KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER, LITTLE, MARTINS, MONTGOMERY, MURPHY, ORTT, PANEPINTO, PARKER, PERALTA, PERKINS, PERSAUD, RANZENHOFER, RITCHIE, RIVERA, ROBACH, SANDERS, SERRANO, SQUADRON, STAVISKY, VALESKY, VENDITTO |
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MLTSPNSR | |
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Add Art 33 §§950 - 958, Lab L; add §97-pppp, St Fin L | |
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Requires the licensing of persons engaged in the design, construction, operation, inspection, maintenance, alteration and repair of elevators and other automatic people moving devices and creates the New York state elevator safety and standards board and the elevator and related conveyances safety program account. |
S01945 Actions:
BILL NO | S01945B | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/15/2015 | REFERRED TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
05/18/2015 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/06/2016 | REFERRED TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2016 | AMEND AND RECOMMIT TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2016 | PRINT NUMBER 1945A | |||||||||||||||||||||||||||||||||||||||||||||||||
05/03/2016 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/18/2016 | AMEND AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/18/2016 | PRINT NUMBER 1945B |
S01945 Memo:
Memo not availableGo to top
S01945 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1945--B 2015-2016 Regular Sessions IN SENATE January 15, 2015 ___________ Introduced by Sens. BONACIC, SAVINO, ADDABBO, AKSHAR, AVELLA, BOYLE, BRESLIN, CARLUCCI, COMRIE, DILAN, ESPAILLAT, FLANAGAN, FUNKE, GALLI- VAN, GIANARIS, GOLDEN, GRIFFO, HAMILTON, HANNON, HASSELL-THOMPSON, HOYLMAN, KAMINSKY, KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER, LITTLE, MARTINS, MONTGOMERY, MURPHY, ORTT, PANEPINTO, PARKER, PERALTA, PERKINS, PERSAUD, RANZENHOFER, RITCHIE, RIVERA, ROBACH, SANDERS, SERRANO, SQUADRON, STAVISKY, VALESKY, VENDITTO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law and the state finance law, in relation to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new article 33 to read 2 as follows: 3 ARTICLE 33 4 ELEVATORS AND OTHER CONVEYANCES; LICENSING 5 Section 950. Legislative findings and declaration. 6 951. Application. 7 952. Definitions. 8 953. Licensing, permit, registration and compliance require- 9 ments. 10 954. License and permit procedure. 11 955. Qualifications, training and continuing education. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02916-06-6S. 1945--B 2 1 956. Powers of the commissioner. 2 957. New York state elevator safety and standards board. 3 958. Exempt persons. 4 § 950. Legislative findings and declaration. The legislature hereby 5 finds that the use of unsafe and defective elevators and other automated 6 people moving conveyances may expose the public to unsafe conditions and 7 increase the risk of injury. The legislature finds that improper design, 8 construction, maintenance and repair of such conveyances is preventable 9 by requiring proper training of persons employed to perform work on 10 elevators and other automated people moving conveyances and by requiring 11 the licensing of contractors and the certification of individuals 12 involved in elevator and other automated people moving conveyances 13 projects. 14 Nothing in this article is intended to create, expand, diminish, 15 limit, impair, or supersede any rights under current law, rule, or regu- 16 lation, or resulting from a determination of a court or the national 17 labor relations board with regard to building trades and the work of 18 such building trade. Nor is it intended to abrogate any rights or duties 19 under any contract with regard to building trades and the work of such 20 building trade. 21 § 951. Application. 1. The design, construction, erection, installa- 22 tion, inspection, testing, maintenance, alteration, service, and repair 23 of the following equipment are covered by this article: 24 (a) hoisting and lowering mechanisms equipped with a car or platform 25 which moves between two or more landings. This equipment includes, but 26 is not limited to elevators, platform lifts and stairway chair lifts; 27 (b) power driven stairways and walkways for carrying persons between 28 landings. This equipment includes, but is not limited to, escalators 29 and moving walks; 30 (c) hoisting and lowering mechanisms equipped with a car, which serves 31 two or more landings and is restricted to the carrying of material by 32 its limited size or limited access to the car. This equipment includes, 33 but is not limited to, dumbwaiters, material lifts, and dumbwaiters with 34 automatic transfer devices as defined in section nine hundred fifty-two 35 of this article; and 36 (d) automatic guided transit vehicles on guideways with an exclusive 37 right of way. This equipments includes, but is not limited to, auto- 38 mated people movers. 39 2. The following equipment is not covered by this article: 40 (a) material hoists; 41 (b) manlifts; 42 (c) mobile scaffolds, towers, and platforms; 43 (d) powered platforms and equipment for exterior and interior mainte- 44 nance; 45 (e) conveyor and related equipment; 46 (f) cranes, derricks, hoists, hooks, jacks and slings; 47 (g) industrial trucks; 48 (h) portable equipment, except for portable escalators; 49 (i) tiering and piling machines used to move materials to and from 50 storage located and operating entirely within one story; 51 (j) equipment for feeding or positioning materials including, but not 52 limited to, machine tools and printing presses; 53 (k) skip or furnace hoists; 54 (l) wharf ramps; 55 (m) railroad car lifts or dumpers;S. 1945--B 3 1 (n) line jacks, false cars, shafters, moving platforms and similar 2 equipment used for installing an elevator by a contractor licensed in 3 this state. 4 3. The licensing, permitting and certification provisions of this 5 article shall not apply to the owners or lessees of private residences 6 who design, erect, construct, install, alter, repair, service or main- 7 tain conveyances that are located or will be located in such owner or 8 lessee's private residence. However, any person hired to design, erect, 9 construct, install, alter, repair, service, maintain, or perform any 10 other work related to such conveyances must comply with the provisions 11 of this article. 12 4. No license shall be required for the removal or dismantling of 13 conveyances. 14 5. The provisions of this article and the rules adopted pursuant ther- 15 eto shall be the minimum standard required and shall supersede any 16 special law or local ordinance inconsistent therewith, and no local 17 ordinance inconsistent therewith shall be adopted, but nothing herein 18 contained shall prevent the enactment by local law or ordinance of addi- 19 tional requirements and restrictions. 20 § 952. Definitions. As used in this article, the following terms shall 21 have the following definitions: 22 1. "Automated people mover" means a guided transit mode with fully 23 automated operation, featuring vehicles that operate on guideways with 24 exclusive right-of-way. 25 2. "Board" means the New York state elevator safety and standards 26 board established by section nine hundred fifty-seven of this article. 27 3. "Certificate of operation" means a document issued by the commis- 28 sioner that indicates that the elevator or related conveyance has had 29 the required safety inspection and tests and that the fees required by 30 this article have been paid. 31 4. "Temporary certificate of operation" means a document issued by the 32 commissioner which permits the temporary use of a non-compliant elevator 33 or related conveyance by the general public for a limited time, not to 34 exceed thirty days, while minor repairs are being completed. 35 5. "Conveyance" means any elevator, dumbwaiter, escalator, moving 36 sidewalk, platform lifts, stairway chairlifts and automated people 37 movers. 38 6. "Dormant elevator, dumbwaiter, or escalator" means an installation 39 placed out of service under the following circumstances: (a) when an 40 installation's power has been disconnected and (i) when an electric 41 elevator, dumbwaiter, or material lift whose suspension ropes have been 42 removed, whose car and counterweight rest at the bottom of the hoistway, 43 and whose hoistway doors have been permanently barricaded or sealed in 44 the closed position on the hoistway side; or (ii) a hydraulic elevator, 45 dumbwaiter, or material lift whose car rests at the bottom of the hoist- 46 way and whose doors are permanently barricaded or sealed; or (iii) an 47 escalator or moving walk whose entrances have been permanently barricad- 48 ed; or (b) as determined by state or local law, code, rule, or regu- 49 lations. 50 7. "Elevator" means a hoisting and lowering mechanism, equipped with a 51 car, that moves within guides and serves two or more landings. 52 8. "Elevator contractor" means, a public corporation, or instrumental- 53 ity of a public corporation, self-employed person, company, unincorpo- 54 rated association, firm, partnership, limited liability company, corpo- 55 ration, or any other entity, or any owner or operator of any of the 56 foregoing entities, who possesses an elevator contractor's license inS. 1945--B 4 1 accordance with the provisions of sections nine hundred fifty-three and 2 nine hundred fifty-four of this article and is engaged in the business 3 of designing, erecting, constructing, installing, altering, repairing, 4 servicing or maintaining elevators or other automated people moving 5 conveyances covered by this article. 6 9. "Elevator helper/apprentice/assistant mechanic" means any person 7 who works under the general direction of a licensed elevator mechanic. 8 10. "Elevator inspector" means any person who possesses an elevator 9 inspector's license in accordance with the provisions of this article. 10 11. "Elevator mechanic" means any person who possesses an elevator 11 mechanic's license in accordance with the provisions of this article. 12 12. "Escalator" means power-driven, inclined, continuous stairway used 13 for raising or lowering passengers. 14 13. "Existing installation" means an installation that has been 15 completed or is under construction prior to the effective date of this 16 article. 17 14. "License" means a license duly issued by the commissioner, author- 18 izing the design, erection, construction, installation, alteration, 19 repair, service, maintenance, or inspection of elevators or other 20 conveyances covered by this article. 21 15. "Elevator contractor's license" means a license which entitles the 22 holder thereof to engage in the business of designing, erecting, 23 constructing, installing, altering, repairing, servicing or maintaining 24 conveyances covered by this article. 25 16. "Elevator inspector's license" means a license which entitles the 26 holder thereof to engage in the business of inspecting or testing 27 conveyances covered by this article. 28 17. "Elevator mechanic's license" means a license which entitles the 29 holder thereof to install, construct, alter, service, repair, test, 30 maintain, and perform work on conveyances or other automated people 31 movers covered by this article. 32 18. "Moving walk/sidewalk" means a type of passenger-carrying device 33 on which passengers stand or walk, and in which the passenger-carrying 34 surface remains parallel to its direction of motion and is uninter- 35 rupted. 36 19. "Permit" means a document issued by the commissioner prior to the 37 commencement of work that permits a conveyance to be erected, 38 constructed, installed, or altered under plans approved by the commis- 39 sioner pursuant to this article. 40 20. "Person" means any natural person. 41 21. "Private residence" means a separate dwelling or a separate apart- 42 ment in a multiple dwelling, which is occupied by members of a single 43 family unit. 44 22. "Repair" means reconditioning or renewal of parts, components, 45 and/or subsystems necessary to keep equipment in compliance with appli- 46 cable code requirements. 47 23. "Alteration" means any change to equipment, including its parts, 48 components, and/or subsystems, other than maintenance, repair, or 49 replacement, but shall not include the professional services of engi- 50 neering or architecture as defined in sections seventy-two hundred one 51 and seventy-three hundred one of the education law. 52 24. "Design" means the act or process of planning the repair, alter- 53 ation or construction of any conveyance, but shall not include the 54 professional services of engineering or architecture as defined in 55 sections seventy-two hundred one and seventy-three hundred one of the 56 education law.S. 1945--B 5 1 25. "Construction" means the act or process of constructing any 2 conveyance. 3 26. "Inspection" means a critical examination, observation or evalu- 4 ation of quality and code compliance of any conveyance. 5 27. "Testing" means a process or trial of operation of any conveyance. 6 28. "Maintenance" means a process of routine examination, lubrication, 7 cleaning, and adjustment of parts, components, and/or subsystems for the 8 purpose of ensuring performance in accordance with any applicable code 9 requirements. 10 29. "Service or servicing" means a service call or other unscheduled 11 visit, not including routine maintenance or a repair, from a licensed 12 elevator mechanic to troubleshoot, adjust or repair an improperly func- 13 tioning or an otherwise shut down conveyance. 14 30. "Temporarily dormant elevator, dumbwaiter, or escalator" means an 15 installation temporarily placed out of service under the following 16 circumstances: (a) (i) when such installation's power supply has been 17 disconnected; and (ii) the car is parked and any doors are closed and 18 latched; and (iii) a wire seal is installed on the mainline disconnect 19 switch by a licensed elevator inspector; or (b) as determined by state 20 or local law, code, rule, or regulation. 21 31. "Erect" means to vertically construct or connect any conveyance or 22 part or system thereof. 23 32. "Installation" means to place or fix any conveyance or part or 24 system thereof, in position for operation. 25 Temporarily dormant installations shall not be used until such instal- 26 lation has been restored to a safe running order and is in condition 27 suitable for use in accordance with all applicable laws, codes, rules 28 and regulations. Such temporarily dormant installation shall be subject 29 to continued inspections for the duration of the "temporarily dormant" 30 status by a licensed elevator inspector. Such inspector shall file a 31 report with the commissioner describing the conditions of such temporar- 32 ily dormant installation. The report shall be filed annually or more or 33 less frequent as determined by the commissioner. "Temporarily dormant" 34 status shall be renewable on an annual basis, but shall not exceed a 35 five-year period. 36 No person shall remove the wire seal and padlock for any purpose with- 37 out the express permission of the elevator inspector. 38 § 953. Licensing, permit, registration and compliance requirements. 1. 39 Except as otherwise provided for in subdivisions three and four of 40 section nine hundred fifty-one of this article, it shall be a violation 41 of this article for any elevator contractor to design, erect, construct, 42 install, alter, replace, service, or maintain, any conveyance contained 43 within buildings or structures in this state unless such elevator 44 contractor holds an elevator contractor's license. 45 2. Except as otherwise provided for in subdivisions three and four of 46 section nine hundred fifty-one of this article, it shall be a violation 47 of this article for any person to wire any conveyance, from the mainline 48 feeder terminals on the controller, in this state unless such person has 49 an elevator mechanic's license and is working under the direct super- 50 vision of a licensed elevator contractor pursuant to this article. No 51 other license shall be required for this work, excluding the installa- 52 tion of branch circuits and wiring terminations for machine room and pit 53 lighting, receptacles and HVAC as described in the NFPA National Elec- 54 tric Code 620.23 and 620.24 as well as fire and heat detectors and 55 alarms, may be performed by a licensed electrical contractor. Addi- 56 tionally, within New York city, the installation of branch circuits andS. 1945--B 6 1 wiring terminations for the car fan, lights and receptacles, as 2 described in the NFPA National Electric Code 620.22, and intercoms and 3 voice communications as well as signal equipment or systems, as defined 4 in NFPA Article 620.2, that is not directly associated with the opera- 5 tion or safety of any conveyance, may be performed by a licensed elec- 6 trical contractor. 7 3. Except as otherwise provided for in subdivision three of section 8 nine hundred fifty-one of this article, it shall be a violation of this 9 article for any person to inspect or test any conveyance within build- 10 ings or structures unless such person holds an elevator inspector's 11 license. 12 4. Except as otherwise provided for in subdivisions three and four of 13 section nine hundred fifty-one of this article, it shall be a violation 14 of this article for any elevator contractor to erect, construct, 15 install, or alter conveyances within buildings or structures within this 16 state unless a permit therefor has been issued by the commissioner 17 before work is commenced. No permit shall be issued except to a person 18 holding a valid elevator contractor's license. A copy of such permit 19 shall be kept at the construction site at all times while the work is in 20 progress. 21 5. Except as otherwise provided in subdivision three of section nine 22 hundred fifty-one of this article, all new conveyance installations 23 shall be performed by an elevator contractor licensed to install such 24 conveyance. Subsequent to installation, the elevator contractor must 25 certify compliance to the commissioner with the applicable sections of 26 this article as well as any other applicable law, rule, regulation or 27 code. Prior to such conveyances being used, the property owner or 28 lessee must obtain a certificate of operation from the commissioner. A 29 fee, as set forth in this article, shall be paid for such certificate of 30 operation, however, no such fee shall be required for conveyances in 31 private residences. It is the responsibility of the licensed elevator 32 contractor to complete and submit registrations for new installations. 33 A certificate of operation shall be valid for one year, except for 34 certificates issued for platform and stairway chairlifts for private 35 residences, which shall be valid for a period of three years. Certif- 36 icates of operation must be clearly and conspicuously displayed on, in 37 or around each conveyance and be accessible to the state or locality 38 inspecting or enforcing any applicable law, rule, regulation or code. 39 6. Except as otherwise provided in subdivision three of section nine 40 hundred fifty-one of this article, the certificate of operation for 41 newly installed platform lifts and stairway chairlifts for private resi- 42 dences shall be issued only subsequent to an inspection by a licensed 43 third party inspection firm. The certificate of operation fee for all 44 new and existing platform and stairway chairlifts for private residences 45 and any renewal certificate fees are hereby waived. The inspection of 46 private residence platform and stairway chairlifts shall be done at the 47 request and consent of the private residence's owner or lessees. 48 7. It shall be the responsibility of licensees to ensure that the 49 installation, service or maintenance of conveyances is performed in 50 compliance with existing state and local building and maintenance codes. 51 § 954. License and permit procedure. All applications for elevator 52 contractor's, elevator mechanic's, and elevator inspector's licenses and 53 required permits shall be submitted to the department in writing on 54 forms furnished by the commissioner and shall contain the information 55 set forth in this section as well as any additional information that theS. 1945--B 7 1 commissioner may require. The commissioner shall also set fees for 2 licensing and permitting under this section. 3 1. Applications for licenses. Every application for a license under 4 this article shall include the following: 5 (a) the name, residence address and business address of the applicant; 6 (b) the number of years the applicant has engaged in the business or 7 practice of designing, constructing, erecting, installing, inspecting, 8 testing, repairing, altering, maintaining, or servicing conveyances 9 covered by this article; 10 (c) the approximate number of persons, if any, to be employed by the 11 applicant for an elevator contractor's license; 12 (d) evidence that the applicant is or will be covered by general 13 liability, personal injury and property damage insurance; and 14 (e) any other information which the commissioner may require. 15 Upon approval of an application for a license the commissioner shall 16 issue such license which shall be valid for two years. The fees for such 17 license and renewal thereof shall be set by the commissioner. Any denial 18 for such application shall set forth the reasons therefor. 19 2. Application for permits. Every application for a permit under this 20 article shall include plans and specifications stamped and signed by a 21 professional engineer and/or an architect licensed pursuant to article 22 one hundred forty-five and/or article one hundred forty-seven of the 23 education law. Every application for a permit under this article shall 24 include the following: 25 (a) copies of the specifications and accurately scaled and fully 26 dimensioned plans showing the location of the installation in relation 27 to the plans and elevation of the building; 28 (b) the location of the machinery room and the equipment to be 29 installed, relocated or altered; 30 (c) all structural supporting members thereof, including foundations; 31 (d) a list of all materials to be employed and all loads to be 32 supported and conveyed; 33 (e) any other information that the commissioner may require to ensure 34 that such plans and specifications are sufficiently complete and illus- 35 trate all details of construction and design; and 36 (f) any required permitting fees, which are subject to return upon 37 denial of a permit application. 38 Upon approval of an application for a permit the commissioner shall 39 issue such permit. Such permit shall state the time by which the work 40 shall commence and also when such permit expires. If after the work has 41 been started, work is suspended or abandoned for a period of sixty days, 42 or such shorter period of time as the commissioner may specify at the 43 time the permit is issued, the permit shall expire. Upon expiration of 44 a permit for which work has not been completed, the commissioner may 45 extend such permit. 46 3. Licensing and permitting exemptions. Whenever an emergency exists 47 in this state due to a disaster or act of God, which imperils the 48 health, safety or welfare of an individual or individuals and placing 49 such individual or individuals in imminent danger of injury or death and 50 the number of persons in the state holding licenses granted by the board 51 is insufficient to cope with such emergency, any person certified by a 52 licensed elevator contractor to have an acceptable combination of docu- 53 mented experience and education to perform elevator work with direct and 54 immediate supervision shall seek an emergency elevator mechanic's 55 license from the commissioner within five business days after commencing 56 work requiring a license. The commissioner shall issue emergency eleva-S. 1945--B 8 1 tor mechanic's licenses to address the emergency that exists. The 2 licensed elevator contractor shall furnish proof of competency as the 3 commissioner may require. Each such license shall recite that it is 4 valid for a period of fifteen days from the date thereof and for such 5 particular elevators or geographical areas as the commissioner may 6 designate to address the emergency situation and otherwise shall entitle 7 the licensee to the rights and privileges of an elevator mechanic's 8 license issued in this article. The commissioner shall renew an emer- 9 gency elevator mechanic's license during the existence of an emergency 10 as needed. No fee shall be charged for any emergency elevator mechanic's 11 license or renewal thereof. 12 § 955. Qualifications, training and continuing education. 1. No 13 license shall be granted to any person who has not paid the required 14 application fee and demonstrated his or her qualifications and abili- 15 ties. Applicants for a mechanic's license must demonstrate one of the 16 following qualifications: (a) an acceptable combination of documented 17 experience and education credits consisting of (i) not less than four 18 years work experience in the construction, maintenance and service 19 repair of elevators, as verified by current and previous employers and 20 (ii) satisfactory completion of a written examination, administered by 21 the commissioner, on the most recent national, state, and local convey- 22 ances codes and standards; or 23 (b) acceptable proof that he or she has worked on elevator 24 construction, maintenance or repair with direct and immediate super- 25 vision in this state for a period of not less than four years immediate- 26 ly prior to the effective date of this article, provided that such 27 applicant shall file such application within one year of the effective 28 date of this article; or 29 (c) a certificate of successful completion and successfully passing 30 the mechanic examination of a nationally recognized training program for 31 the elevator industry including, but not limited to, the national eleva- 32 tor industry educational program or its equivalent; or 33 (d) certificate of successful completion of the joint apprentice and 34 training committee of the elevator industry of local 3, IBEW, EE divi- 35 sion training program or an apprenticeship program for elevator mechan- 36 ics, having standards substantially equal to those of this chapter, and 37 registered with the bureau of apprenticeship and training, U.S. depart- 38 ment of labor or a state apprenticeship council. 39 (e) The commissioner shall upon application and without examination, 40 issue a license to any person over the age of eighteen years who has 41 been duly licensed by any other state of the United States to engage in 42 the business of construction, operation, inspection, maintenance, alter- 43 ation and repair of elevators as verified by current and previous 44 employers, upon compliance with standards and requirements not lower, in 45 the judgement of the commissioner than those of this state, provided, 46 however, that such state extends the same reciprocity to the licensees 47 of this state. Such application shall be accompanied by the required 48 license fee. 49 2. Applicants for an elevator contractor's license must demonstrate to 50 the commissioner that such elevator contractor employs licensed elevator 51 mechanics who perform the work described in section nine hundred fifty- 52 one of this article and have proof of compliance with the insurance 53 requirements set forth in paragraph (d) of subdivision one of section 54 nine hundred fifty-four of this article. 55 3. Any applicants for an elevator inspector's license must demonstrate 56 to the satisfaction of the commissioner that such applicant meets orS. 1945--B 9 1 exceeds applicable national standards. Private elevator inspectors shall 2 maintain the same insurance requirements as an elevator contractor. 3 4. (a) The renewal of all licenses granted under the provisions of 4 this subdivision shall be conditioned upon the submission of a certif- 5 icate of completion of a course designed to ensure the continuing educa- 6 tion of licensees on new and existing national, state, and local convey- 7 ances codes and standards. Such course shall consist of not less than 8 eight hours of instruction that shall be attended annually and completed 9 preceding any such license renewal. The commissioner shall establish 10 requirements for continuing education and training programs, and shall 11 approve such programs, as well as maintain a list of approved programs 12 which shall be made available to license applicants, permit applicants, 13 renewal applicants and other interested parties upon request. The 14 commissioner shall promulgate rules and regulations setting forth the 15 criteria for approval of such programs, the procedures to be followed in 16 applying for such approval, and other rules and regulations as the 17 commissioner deems necessary and proper to effectuate the purposes of 18 this section. 19 (b) The commissioner shall assess a fee for each training program 20 completion certificate and for each refresher training program 21 completion certificate, provided, however, that in no event shall the 22 cost of such certificates be assessed by the sponsor of such training 23 program against the participants. 24 5. The renewal of all licenses granted under the provisions of this 25 section shall be conditioned upon the submission of a certificate of 26 completion of a course designed to ensure the continuing education of 27 licensees on new and existing regulations of the department. Such course 28 shall consist of not less than eight hours of instruction that shall be 29 attended and completed annually prior to any such license renewal. 30 The courses shall be taught by instructors through continuing educa- 31 tion providers that may include, but shall not be limited to, associ- 32 ation seminars, and labor training programs. The commissioner shall 33 approve the continuing education providers. All instructors shall be 34 exempt from the requirements of the preceding paragraph with regard to 35 their application for license renewal provided that such applicant was 36 qualified as an instructor at any time during the one year immediately 37 preceding the scheduled date for such renewal. 38 Approved training providers shall keep uniform records, for a period 39 of six years, of attendance of licensees following a format approved by 40 the commissioner and such records shall be available for inspection by 41 the commissioner at his or her request. Approved training providers 42 shall be responsible for the security of all attendance records and 43 certificates of completion; provided, however, that falsifying or know- 44 ingly allowing another to falsify such attendance records or certif- 45 icates of completion shall constitute grounds for suspension or revoca- 46 tion of the approval required under this section. 47 § 956. Powers of the commissioner. 1. The commissioner shall have the 48 authority to inspect, or cause to be inspected, ongoing or completed 49 conveyances projects and to conduct an investigation thereof upon the 50 commissioner's own initiation or upon receipt of a complaint by any 51 person or entity. However, nothing in this subdivision shall permit the 52 commissioner to enter a private residence. 53 2. If, upon receipt of a complaint alleging a violation of this arti- 54 cle, the commissioner reasonable believes that such violation exists, he 55 or she shall investigate as soon as practicable to determine if such 56 violation exists. If the commissioner determines that no violation orS. 1945--B 10 1 danger exists, the commissioner shall inform the complaining person or 2 entity. 3 3. If, upon investigation, the commissioner determines that the 4 alleged violation exists, the commissioner may deliver to such owner or 5 elevator contractor or his or her agent or representative a written 6 order to cure such violation and may order that their permit to work on 7 such installation, repair or maintenance project shall be suspended 8 until such violation is cured. Such order shall specifically enumerate 9 the violations which constitute the basis of the order to cure or order 10 of suspension and shall specify the corrective action to be taken. The 11 commissioner may allow the permit to toll during the time of such order. 12 4. Upon receipt of a written notice from the elevator contractor, or 13 his or her agent or representative, that such violation has been 14 corrected, the commissioner shall, within ten days, issue a determi- 15 nation as to whether such order to cure has been satisfied and such 16 order of suspension, if any, shall be lifted. If the commissioner deter- 17 mines that the order to cure has not been satisfied he or she may 18 continue such order for a reasonable period of time upon the consent of 19 the contractor, or his or her agent or representative. If the commis- 20 sioner does not continue the order, or if the contractor, or his or her 21 agent or representative does not consent to such continuation, the 22 contractor shall have the right to a hearing to determine if such order 23 shall be lifted. Any entity or contractor who may be adversely affected 24 by a notice, suspension, or determination issued under this section may 25 commence a proceeding pursuant to article seventy-eight of the civil 26 practice law and rules. 27 5. The commissioner may, after a notice and hearing, suspend or revoke 28 a license issued under this article based on any of the following 29 violations: 30 (a) any false statement as to a material matter in the application; 31 (b) fraud, or misrepresentation, in securing a license; 32 (c) failure to notify the commissioner and the owner or lessee of a 33 conveyance of any condition not in compliance with this article; 34 (d) a violation of section nine hundred fifty-three of this article; 35 or 36 (e) a finding by the commissioner that a contractor has violated this 37 article or any rule or regulation promulgated thereunder twice within a 38 period of three years, or that a contractor has violated a provision of 39 this article and such violation resulted in a serious threat to the 40 health or safety of an individual or individuals. The commissioner may, 41 in addition to ordering that such contractor's license be revoked, bar 42 such individual from being eligible to reapply for such license for a 43 period not to exceed two years. 44 6. The commissioner may, after notice and hearing, revoke a permit 45 issued under this article based on any of the following violations: 46 (a) any false statements or misrepresentation as to a material fact in 47 the application, plans, or specifications on which the permit was based; 48 (b) any application which by omission or mistake fails to comply with 49 the requirements of this article; 50 (c) any failure to perform work in accordance with the provisions of 51 the application, plans or specifications or with the requirements of 52 this article or conditions of the permit; 53 (d) a failure by the owner or elevator contractor to whom the permit 54 was issued to comply with an order issued pursuant to subdivision four 55 of this section; orS. 1945--B 11 1 (e) a finding by the commissioner that an individual or contractor who 2 has been issued a permit has violated any provision under section nine 3 hundred fifty-three of this article. 4 7. (a) Except as provided in paragraph (b) of this subdivision, if the 5 commissioner finds, after notice and hearing, that an individual has 6 violated any provision of this article, he or she may impose a civil 7 penalty not to exceed one thousand dollars for each such violation. Upon 8 a second or subsequent violation within three years of the determination 9 of a prior violation, the commissioner may impose a civil penalty not to 10 exceed two thousand dollars. 11 (b) The penalty provided for in paragraph (a) of this subdivision may 12 be increased to an amount not to exceed five thousand dollars if the 13 violation resulted in a serious threat to the health or safety of an 14 individual or individuals. 15 8. Any entity or contractor who may be adversely affected by an order 16 issued under this section may commence a proceeding pursuant to article 17 seventy-eight of the civil practice law and rules. 18 9. The commissioner may bring an action in a court of competent juris- 19 diction to enjoin any conduct that violates the provisions of this arti- 20 cle. 21 10. The commissioner may promulgate rules and regulations necessary to 22 carry out and effectuate the provisions of this article. 23 § 957. New York state elevator safety and standards board. 1. An 24 elevator safety and standards board is hereby created, to consist of 25 nine members. The governor, the temporary president of the senate, and 26 the speaker of the assembly shall each appoint three members. The gover- 27 nor's appointees shall be comprised of a representative of a major 28 elevator manufacturing company, a member of the general public and a 29 building owner, manager or representative; the temporary president of 30 the senate's appointees shall be comprised of an elevator servicing 31 company, an elevator architectural designer or consultant, and an eleva- 32 tor inspector; the speaker of the assembly's appointees shall be 33 comprised of an elevator contractor employee labor union, an elevator 34 mechanic, and a fire marshal. The commissioners of health, labor, educa- 35 tion, and economic development or their designees shall be ex-officio 36 members. The board shall meet on an as needed basis to advise the 37 commissioner on the implementation of this article. The board shall 38 elect a chairperson to serve for the term of their appointment to the 39 board. The board shall prepare an annual report for the governor and 40 the legislature, copies of which shall be sent to the commissioners of 41 health, education, economic development, and labor. 42 2. The first member appointed by the governor, the temporary president 43 of the senate, and the speaker of the assembly shall have a term of one 44 year; the second member appointed by each shall have a term of two years 45 and the remaining members shall have a term of three years. Each of such 46 appointed members shall hold office for the term for which such member 47 was appointed and until his or her successor shall have been appointed 48 or until he or she shall resign. The term of office of all successor 49 members shall be three years. The members shall serve without salary or 50 compensation, but shall be reimbursed for necessary expenses incurred in 51 the performance of their duties. 52 3. The board may consult with engineering authorities and organiza- 53 tions concerned with standard safety codes, rules and regulations 54 governing the operation, maintenance, servicing, construction, alter- 55 ation, installation, and inspection of conveyances and the adequate,S. 1945--B 12 1 reasonable, and necessary qualifications of elevator mechanics, contrac- 2 tors, and inspectors. 3 4. The duties of the board are as follows: 4 (a) assist the commissioner and the department in establishing the 5 state regulations for equipment covered by this article; 6 (b) develop recommendations for an enforcement program which will 7 ensure compliance with the regulations and requirements promulgated by 8 the commissioner pursuant to this article; 9 (c) assist the commissioner in granting exceptions and variances from 10 the literal requirements of the applicable code and standards, regu- 11 lations, and local legislation, in cases where such variances would not 12 jeopardize the public safety and welfare; 13 (d) assist the commissioner in setting fee schedules for licenses, 14 permits, and inspections. The fees shall reflect the actual costs and 15 expenses to conduct the duties as described in this article; and 16 (e) assist the commissioner in any and all things necessary or conven- 17 ient to the commissioner's duty to carry out the purposes of this arti- 18 cle. 19 § 958. Exempt persons. This article shall not be construed to apply to 20 the practice, conduct, activities, or services by a person licensed to 21 practice architecture within this state pursuant to article one hundred 22 forty-seven of the education law or engineering within this state pursu- 23 ant to article one hundred forty-five of the education law. 24 § 2. The state finance law is amended by adding a new section 97-pppp 25 to read as follows: 26 § 97-pppp. Elevator and related conveyances safety program account. 27 1. There is hereby established in the custody of the state comptroller 28 the elevator and related conveyances safety program account. 29 2. Such fund shall consist of moneys collected pursuant to the 30 provisions of article thirty-three of the labor law. 31 3. Moneys of the fund shall be available to the commissioner of labor 32 for purposes of offsetting the costs incurred by the commissioner of 33 labor for the administration of article thirty-three of the labor law, 34 including the administration of elevator and related conveyances safety 35 programs, the administration of licenses and permits, and the adminis- 36 tration of certificates of operation as set forth in such article thir- 37 ty-three. 38 4. The moneys shall be paid out of the fund on the audit and warrant 39 of the comptroller on vouchers certified or approved by the commissioner 40 or his or her designee. 41 5. Notwithstanding the provisions of any general or special law, no 42 moneys shall be available from the fund until a certificate of allo- 43 cation and a schedule of amounts to be available therefor shall have 44 been issued by the director of the budget, and a copy of such certif- 45 icate filed with the comptroller. Such certificate may be amended from 46 time to time by the director of the budget and a copy of each such 47 amendment shall be filed with the comptroller. 48 § 3. This act shall take effect on the one hundred eightieth day after 49 it shall have become a law, provided, however, that effective immediate- 50 ly, the addition, amendment and/or repeal of any rules or regulations 51 necessary for the implementation of this act on its effective date, and 52 the appointment of the New York state elevator safety and standards 53 board, are authorized and directed to be established, made and completed 54 on or before such effective date.