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A01787 Summary:

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A01787 Committee Votes:

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A01787 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1787--C
                                                                Cal. No. 573
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2015
                                       ___________
 
        Introduced  by  M. of A. WRIGHT, MILLER, BENEDETTO, ORTIZ, MOYA, COLTON,
          GALEF, MARKEY,  QUART,  SIMANOWITZ,  RAMOS,  ROZIC,  MOSLEY,  SKOUFIS,
          GUNTHER,  AUBRY,  DILAN,  GOTTFRIED,  MAYER,  BRONSON, JAFFEE, DAVILA,
          KAVANAGH, TITUS, CRESPO, TITONE, ABINANTI, STECK, HARRIS, RAIA, ROSEN-
          THAL, THIELE, GOLDFEDER, MONTESANO, PEOPLES-STOKES, BICHOTTE, LINARES,
          MALLIOTAKIS,  WALKER,  SCHIMEL,  CERETTO,  BLAKE,  O'DONNELL,  GJONAJ,
          ZEBROWSKI, SANTABARBARA, SEAWRIGHT, PICHARDO, JOYNER, MURRAY, LUPINAC-
          CI, SIMOTAS, RUSSELL, LALOR, JEAN-PIERRE, CAHILL, WALTER, KIM, HIKIND,
          WEPRIN,  FAHY,  FINCH,  McDONOUGH,  PALUMBO,  HUNTER, ABBATE, HYNDMAN,
          SALADINO, WOERNER -- Multi-Sponsored by -- M.  of  A.  ARROYO,  BRAUN-
          STEIN,  BUCHWALD,  COOK,  CROUCH, CURRAN, CUSICK, DenDEKKER, DINOWITZ,
          ENGLEBRIGHT, FARRELL, GIGLIO, GLICK, GOODELL,  GRAF,  HAWLEY,  HEVESI,
          HOOPER,  LENTOL,  LUPARDO,  MAGEE, MAGNARELLI, McDONALD, NOLAN, PERRY,
          PRETLOW, RA, RODRIGUEZ, RYAN, SEPULVEDA, SIMON, TENNEY  --  read  once
          and  referred  to the Committee on Labor -- ordered to a third reading
          -- recommitted to the Committee on Labor in accordance  with  Assembly
          Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred to the Committee on Codes -- reported  and  referred  to  the
          Committee  on Ways and Means -- reported from committee, advanced to a
          third reading, amended and ordered reprinted, retaining its  place  on
          the  order of third reading -- again amended on third reading, ordered
          reprinted, retaining its place on the order of third reading
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02916-07-6
        A. 1787--C                          2
 
     1                                 ARTICLE 33
     2                 ELEVATORS AND OTHER CONVEYANCES; LICENSING
     3  Section 950. Legislative findings and declaration.
     4          951. Application.
     5          952. Definitions.
     6          953. Licensing,  permit,  registration  and  compliance require-
     7                 ments.
     8          954. License and permit procedure.
     9          955. Qualifications, training and continuing education.
    10          956. Powers of the commissioner.
    11          957. New York state elevator safety and standards board.
    12          958. Exempt persons.
    13    § 950. Legislative findings and declaration.  The  legislature  hereby
    14  finds that the use of unsafe and defective elevators and other automated
    15  people moving conveyances may expose the public to unsafe conditions and
    16  increase the risk of injury. The legislature finds that improper design,
    17  construction,  maintenance and repair of such conveyances is preventable
    18  by requiring proper training of persons  employed  to  perform  work  on
    19  elevators and other automated people moving conveyances and by requiring
    20  the  licensing  of  contractors  and  the  certification  of individuals
    21  involved in elevator  and  other  automated  people  moving  conveyances
    22  projects.
    23    Nothing  in  this  article  is  intended  to create, expand, diminish,
    24  limit, impair, or supersede any rights under current law, rule, or regu-
    25  lation, or resulting from a determination of a  court  or  the  national
    26  labor  relations  board  with  regard to building trades and the work of
    27  such building trade. Nor is it intended to abrogate any rights or duties
    28  under any contract with regard to building trades and the work  of  such
    29  building trade.
    30    §  951.  Application. 1. The design, construction, erection, installa-
    31  tion, inspection, testing, maintenance, alteration, service, and  repair
    32  of the following equipment are covered by this article:
    33    (a)  hoisting  and lowering mechanisms equipped with a car or platform
    34  which moves between two or more landings. This equipment  includes,  but
    35  is not limited to elevators, platform lifts and stairway chair lifts;
    36    (b)  power  driven stairways and walkways for carrying persons between
    37  landings.  This equipment includes, but is not  limited  to,  escalators
    38  and moving walks;
    39    (c) hoisting and lowering mechanisms equipped with a car, which serves
    40  two  or  more  landings and is restricted to the carrying of material by
    41  its limited size or limited access to the car. This equipment  includes,
    42  but is not limited to, dumbwaiters, material lifts, and dumbwaiters with
    43  automatic  transfer devices as defined in section nine hundred fifty-two
    44  of this article; and
    45    (d) automatic guided transit vehicles on guideways with  an  exclusive
    46  right  of  way.   This equipments includes, but is not limited to, auto-
    47  mated people movers.
    48    2. The following equipment is not covered by this article:
    49    (a) material hoists;
    50    (b) manlifts;
    51    (c) mobile scaffolds, towers, and platforms;
    52    (d) powered platforms and equipment for exterior and interior  mainte-
    53  nance;
    54    (e) conveyor and related equipment;
    55    (f) cranes, derricks, hoists, hooks, jacks and slings;
    56    (g) industrial trucks;
        A. 1787--C                          3
 
     1    (h) portable  equipment, except for portable escalators;
     2    (i)  tiering  and  piling  machines used to move materials to and from
     3  storage located and operating entirely within one story;
     4    (j) equipment for feeding or positioning materials including, but  not
     5  limited to, machine tools and printing presses;
     6    (k) skip or furnace hoists;
     7    (l) wharf ramps;
     8    (m) railroad car lifts or dumpers;
     9    (n)  line  jacks,  false  cars, shafters, moving platforms and similar
    10  equipment used for installing an elevator by a  contractor  licensed  in
    11  this state.
    12    3.  The  licensing,  permitting  and  certification provisions of this
    13  article shall not apply to the owners or lessees of  private  residences
    14  who  design,  erect, construct, install, alter, repair, service or main-
    15  tain conveyances that are located or will be located in  such  owner  or
    16  lessee's  private residence. However, any person hired to design, erect,
    17  construct, install, alter, repair, service,  maintain,  or  perform  any
    18  other  work  related to such conveyances must comply with the provisions
    19  of this article.
    20    4. No license shall be required for  the  removal  or  dismantling  of
    21  conveyances.
    22    5. The provisions of this article and the rules adopted pursuant ther-
    23  eto  shall  be  the  minimum  standard  required and shall supersede any
    24  special law or local ordinance  inconsistent  therewith,  and  no  local
    25  ordinance  inconsistent  therewith  shall be adopted, but nothing herein
    26  contained shall prevent the enactment by local law or ordinance of addi-
    27  tional requirements and restrictions.
    28    § 952. Definitions. As used in this article, the following terms shall
    29  have the following definitions:
    30    1. "Automated people mover" means a guided  transit  mode  with  fully
    31  automated  operation,  featuring vehicles that operate on guideways with
    32  exclusive right-of-way.
    33    2. "Board" means the New York  state  elevator  safety  and  standards
    34  board established by section nine hundred fifty-seven of this article.
    35    3.  "Certificate  of operation" means a document issued by the commis-
    36  sioner that indicates that the elevator or related  conveyance  has  had
    37  the  required  safety inspection and tests and that the fees required by
    38  this article have been paid.
    39    4. "Temporary certificate of operation" means a document issued by the
    40  commissioner which permits the temporary use of a non-compliant elevator
    41  or related conveyance by the general public for a limited time,  not  to
    42  exceed thirty days, while minor repairs are being completed.
    43    5.  "Conveyance"  means  any  elevator,  dumbwaiter, escalator, moving
    44  sidewalk, platform  lifts,  stairway  chairlifts  and  automated  people
    45  movers.
    46    6.  "Dormant elevator, dumbwaiter, or escalator" means an installation
    47  placed out of service under the following  circumstances:  (a)  when  an
    48  installation's  power  has  been  disconnected  and (i) when an electric
    49  elevator, dumbwaiter, or material lift whose suspension ropes have  been
    50  removed, whose car and counterweight rest at the bottom of the hoistway,
    51  and  whose  hoistway doors have been permanently barricaded or sealed in
    52  the closed position on the hoistway side; or (ii) a hydraulic  elevator,
    53  dumbwaiter, or material lift whose car rests at the bottom of the hoist-
    54  way  and  whose  doors are permanently barricaded or sealed; or (iii) an
    55  escalator or moving walk whose entrances have been permanently barricad-
        A. 1787--C                          4
 
     1  ed; or (b) as determined by state or local law,  code,  rule,  or  regu-
     2  lations.
     3    7. "Elevator" means a hoisting and lowering mechanism, equipped with a
     4  car, that moves within guides and serves two or more landings.
     5    8. "Elevator contractor" means, a public corporation, or instrumental-
     6  ity  of  a public corporation, self-employed person, company, unincorpo-
     7  rated association, firm, partnership, limited liability company,  corpo-
     8  ration,  or  any  other  entity,  or any owner or operator of any of the
     9  foregoing entities, who possesses an elevator  contractor's  license  in
    10  accordance  with the provisions of sections nine hundred fifty-three and
    11  nine hundred fifty-four of this article and is engaged in  the  business
    12  of  designing,  erecting, constructing, installing, altering, repairing,
    13  servicing or maintaining elevators  or  other  automated  people  moving
    14  conveyances covered by this article.
    15    9.  "Elevator  helper/apprentice/assistant  mechanic" means any person
    16  who works under the general direction of a licensed elevator mechanic.
    17    10. "Elevator inspector" means any person who  possesses  an  elevator
    18  inspector's license in accordance with the provisions of this article.
    19    11.  "Elevator  mechanic"  means  any person who possesses an elevator
    20  mechanic's license in accordance with the provisions of this article.
    21    12. "Escalator" means power-driven, inclined, continuous stairway used
    22  for raising or lowering passengers.
    23    13. "Existing  installation"  means  an  installation  that  has  been
    24  completed  or  is under construction prior to the effective date of this
    25  article.
    26    14. "License" means a license duly issued by the commissioner, author-
    27  izing the  design,  erection,  construction,  installation,  alteration,
    28  repair,  service,  maintenance,  or  inspection  of  elevators  or other
    29  conveyances covered by this article.
    30    15. "Elevator contractor's license" means a license which entitles the
    31  holder thereof  to  engage  in  the  business  of  designing,  erecting,
    32  constructing,  installing, altering, repairing, servicing or maintaining
    33  conveyances covered by this article.
    34    16. "Elevator inspector's license" means a license which entitles  the
    35  holder  thereof  to  engage  in  the  business  of inspecting or testing
    36  conveyances covered by this article.
    37    17. "Elevator mechanic's license" means a license which  entitles  the
    38  holder  thereof  to  install,  construct,  alter, service, repair, test,
    39  maintain, and perform work on  conveyances  or  other  automated  people
    40  movers covered by this article.
    41    18.  "Moving  walk/sidewalk" means a type of passenger-carrying device
    42  on which passengers stand or walk, and in which  the  passenger-carrying
    43  surface  remains  parallel  to  its  direction of motion and is uninter-
    44  rupted.
    45    19. "Permit" means a document issued by the commissioner prior to  the
    46  commencement   of   work  that  permits  a  conveyance  to  be  erected,
    47  constructed, installed, or altered under plans approved by  the  commis-
    48  sioner pursuant to this article.
    49    20. "Person" means any natural person.
    50    21. "Private residence" means a separate dwelling or a separate apart-
    51  ment  in  a  multiple dwelling, which is occupied by members of a single
    52  family unit.
    53    22. "Repair" means reconditioning or  renewal  of  parts,  components,
    54  and/or  subsystems necessary to keep equipment in compliance with appli-
    55  cable code requirements.
        A. 1787--C                          5
 
     1    23. "Alteration" means any change to equipment, including  its  parts,
     2  components,  and/or  subsystems,  other  than  maintenance,  repair,  or
     3  replacement, but shall not include the professional  services  of  engi-
     4  neering  or  architecture as defined in sections seventy-two hundred one
     5  and seventy-three hundred one of the education law.
     6    24.  "Design"  means the act or process of planning the repair, alter-
     7  ation or construction of any  conveyance,  but  shall  not  include  the
     8  professional  services  of  engineering  or  architecture  as defined in
     9  sections seventy-two hundred one and seventy-three hundred  one  of  the
    10  education law.
    11    25.  "Construction"  means  the  act  or  process  of constructing any
    12  conveyance.
    13    26. "Inspection" means a critical examination, observation  or  evalu-
    14  ation of quality and code compliance of any conveyance.
    15    27. "Testing" means a process or trial of operation of any conveyance.
    16    28. "Maintenance" means a process of routine examination, lubrication,
    17  cleaning, and adjustment of parts, components, and/or subsystems for the
    18  purpose  of  ensuring performance in accordance with any applicable code
    19  requirements.
    20    29. "Service or servicing" means a service call or  other  unscheduled
    21  visit,  not  including  routine maintenance or a repair, from a licensed
    22  elevator mechanic to troubleshoot, adjust or repair an improperly  func-
    23  tioning or an otherwise shut down conveyance.
    24    30.  "Temporarily dormant elevator, dumbwaiter, or escalator" means an
    25  installation temporarily placed  out  of  service  under  the  following
    26  circumstances:  (a)  (i)  when such installation's power supply has been
    27  disconnected; and (ii) the car is parked and any doors  are  closed  and
    28  latched;  and  (iii) a wire seal is installed on the mainline disconnect
    29  switch by a licensed elevator inspector; or (b) as determined  by  state
    30  or local law, code, rule, or regulation.
    31    31. "Erect" means to vertically construct or connect any conveyance or
    32  part or system thereof.
    33    32.  "Installation"  means  to  place or fix any conveyance or part or
    34  system thereof, in position for operation.
    35    Temporarily dormant installations shall not be used until such instal-
    36  lation has been restored to a safe running order  and  is  in  condition
    37  suitable  for  use  in accordance with all applicable laws, codes, rules
    38  and regulations. Such temporarily dormant installation shall be  subject
    39  to  continued  inspections for the duration of the "temporarily dormant"
    40  status by a licensed elevator inspector. Such  inspector  shall  file  a
    41  report with the commissioner describing the conditions of such temporar-
    42  ily  dormant installation. The report shall be filed annually or more or
    43  less frequent as determined by the commissioner.  "Temporarily  dormant"
    44  status  shall  be  renewable  on an annual basis, but shall not exceed a
    45  five-year period.
    46    No person shall remove the wire seal and padlock for any purpose with-
    47  out the express permission of the elevator inspector.
    48    § 953. Licensing, permit, registration and compliance requirements. 1.
    49  Except as otherwise provided for  in  subdivisions  three  and  four  of
    50  section  nine hundred fifty-one of this article, it shall be a violation
    51  of this article for any elevator contractor to design, erect, construct,
    52  install, alter, replace, service, or maintain, any conveyance  contained
    53  within  buildings  or  structures  in  this  state  unless such elevator
    54  contractor holds an elevator contractor's license.
    55    2. Except as otherwise provided for in subdivisions three and four  of
    56  section  nine hundred fifty-one of this article, it shall be a violation
        A. 1787--C                          6
 
     1  of this article for any person to wire any conveyance, from the mainline
     2  feeder terminals on the controller, in this state unless such person has
     3  an elevator mechanic's license and is working under  the  direct  super-
     4  vision  of  a  licensed elevator contractor pursuant to this article. No
     5  other license shall be required for this work, excluding  the  installa-
     6  tion of branch circuits and wiring terminations for machine room and pit
     7  lighting,  receptacles  and HVAC as described in the NFPA National Elec-
     8  tric Code 620.23 and 620.24 as well  as  fire  and  heat  detectors  and
     9  alarms,  may  be  performed  by a licensed electrical contractor.  Addi-
    10  tionally, within New York city, the installation of branch circuits  and
    11  wiring  terminations  for  the  car  fan,  lights  and  receptacles,  as
    12  described in the NFPA National Electric Code 620.22, and  intercoms  and
    13  voice  communications as well as signal equipment or systems, as defined
    14  in NFPA Article 620.2, that is not directly associated with  the  opera-
    15  tion  or  safety of any conveyance, may be performed by a licensed elec-
    16  trical contractor.
    17    3. Except as otherwise provided for in subdivision  three  of  section
    18  nine  hundred fifty-one of this article, it shall be a violation of this
    19  article for any person to inspect or test any conveyance  within  build-
    20  ings  or  structures  unless  such  person holds an elevator inspector's
    21  license.
    22    4. Except as otherwise provided for in subdivisions three and four  of
    23  section  nine hundred fifty-one of this article, it shall be a violation
    24  of this  article  for  any  elevator  contractor  to  erect,  construct,
    25  install, or alter conveyances within buildings or structures within this
    26  state  unless  a  permit  therefor  has  been issued by the commissioner
    27  before work is commenced. No permit shall be issued except to  a  person
    28  holding  a  valid  elevator  contractor's license. A copy of such permit
    29  shall be kept at the construction site at all times while the work is in
    30  progress.
    31    5. Except as otherwise provided in subdivision three of  section  nine
    32  hundred  fifty-one  of  this  article,  all new conveyance installations
    33  shall be performed by an elevator contractor licensed  to  install  such
    34  conveyance.  Subsequent  to  installation,  the elevator contractor must
    35  certify compliance to the commissioner with the applicable  sections  of
    36  this  article  as  well as any other applicable law, rule, regulation or
    37  code.   Prior to such conveyances being  used,  the  property  owner  or
    38  lessee  must  obtain a certificate of operation from the commissioner. A
    39  fee, as set forth in this article, shall be paid for such certificate of
    40  operation, however, no such fee shall be  required  for  conveyances  in
    41  private  residences.  It  is the responsibility of the licensed elevator
    42  contractor to complete and submit registrations for  new  installations.
    43  A  certificate  of  operation  shall  be  valid for one year, except for
    44  certificates issued for platform and  stairway  chairlifts  for  private
    45  residences,  which  shall  be valid for a period of three years. Certif-
    46  icates of operation must be clearly and conspicuously displayed  on,  in
    47  or  around  each  conveyance  and be accessible to the state or locality
    48  inspecting or enforcing any applicable law, rule, regulation or code.
    49    6. Except as otherwise provided in subdivision three of  section  nine
    50  hundred  fifty-one  of  this  article,  the certificate of operation for
    51  newly installed platform lifts and stairway chairlifts for private resi-
    52  dences shall be issued only subsequent to an inspection  by  a  licensed
    53  third  party  inspection  firm. The certificate of operation fee for all
    54  new and existing platform and stairway chairlifts for private residences
    55  and any renewal certificate fees are hereby waived.  The  inspection  of
        A. 1787--C                          7
 
     1  private  residence platform and stairway chairlifts shall be done at the
     2  request and consent of the private residence's owner or lessees.
     3    7.  It  shall  be  the  responsibility of licensees to ensure that the
     4  installation, service or maintenance  of  conveyances  is  performed  in
     5  compliance with existing state and local building and maintenance codes.
     6    §  954.  License  and  permit procedure. All applications for elevator
     7  contractor's, elevator mechanic's, and elevator inspector's licenses and
     8  required permits shall be submitted to  the  department  in  writing  on
     9  forms  furnished  by  the commissioner and shall contain the information
    10  set forth in this section as well as any additional information that the
    11  commissioner may require. The  commissioner  shall  also  set  fees  for
    12  licensing and permitting under this section.
    13    1.  Applications  for  licenses. Every application for a license under
    14  this article shall include the following:
    15    (a) the name, residence address and business address of the applicant;
    16    (b) the number of years the applicant has engaged in the  business  or
    17  practice  of  designing, constructing, erecting, installing, inspecting,
    18  testing, repairing,  altering,  maintaining,  or  servicing  conveyances
    19  covered by this article;
    20    (c)  the  approximate number of persons, if any, to be employed by the
    21  applicant for an elevator contractor's license;
    22    (d) evidence that the applicant is  or  will  be  covered  by  general
    23  liability, personal injury and property damage insurance; and
    24    (e) any other information which the commissioner may require.
    25    Upon  approval  of an application for a license the commissioner shall
    26  issue such license which shall be valid for two years. The fees for such
    27  license and renewal thereof shall be set by the commissioner. Any denial
    28  for such application shall set forth the reasons therefor.
    29    2. Application for permits. Every application for a permit under  this
    30  article  shall  include plans and specifications stamped and signed by a
    31  professional engineer and/or an architect licensed pursuant  to  article
    32  one  hundred  forty-five  and/or  article one hundred forty-seven of the
    33  education law.  Every application for a permit under this article  shall
    34  include the following:
    35    (a)  copies  of  the  specifications  and  accurately scaled and fully
    36  dimensioned plans showing the location of the installation  in  relation
    37  to the plans and elevation of the building;
    38    (b)  the  location  of  the  machinery  room  and  the equipment to be
    39  installed, relocated or altered;
    40    (c) all structural supporting members thereof, including foundations;
    41    (d) a list of all materials  to  be  employed  and  all  loads  to  be
    42  supported and conveyed;
    43    (e)  any other information that the commissioner may require to ensure
    44  that such plans and specifications are sufficiently complete and  illus-
    45  trate all details of construction and design; and
    46    (f)  any  required  permitting  fees, which are subject to return upon
    47  denial of a permit application.
    48    Upon approval of an application for a permit  the  commissioner  shall
    49  issue  such  permit.  Such permit shall state the time by which the work
    50  shall commence and also when such permit expires. If after the work  has
    51  been started, work is suspended or abandoned for a period of sixty days,
    52  or  such  shorter  period of time as the commissioner may specify at the
    53  time the permit is issued, the permit shall expire.  Upon expiration  of
    54  a  permit  for  which  work has not been completed, the commissioner may
    55  extend such permit.
        A. 1787--C                          8
 
     1    3. Licensing and permitting exemptions. Whenever an  emergency  exists
     2  in  this  state  due  to  a  disaster  or act of God, which imperils the
     3  health, safety or welfare of an individual or  individuals  and  placing
     4  such individual or individuals in imminent danger of injury or death and
     5  the number of persons in the state holding licenses granted by the board
     6  is  insufficient  to cope with such emergency, any person certified by a
     7  licensed elevator contractor to have an acceptable combination of  docu-
     8  mented experience and education to perform elevator work with direct and
     9  immediate  supervision  shall  seek  an  emergency  elevator  mechanic's
    10  license from the commissioner within five business days after commencing
    11  work requiring a license.  The commissioner shall issue emergency eleva-
    12  tor mechanic's licenses  to  address  the  emergency  that  exists.  The
    13  licensed  elevator  contractor  shall furnish proof of competency as the
    14  commissioner may require. Each such license  shall  recite  that  it  is
    15  valid  for  a  period of fifteen days from the date thereof and for such
    16  particular elevators or  geographical  areas  as  the  commissioner  may
    17  designate to address the emergency situation and otherwise shall entitle
    18  the  licensee  to  the  rights  and privileges of an elevator mechanic's
    19  license issued in this article.  The commissioner shall renew  an  emer-
    20  gency  elevator  mechanic's license during the existence of an emergency
    21  as needed. No fee shall be charged for any emergency elevator mechanic's
    22  license or renewal thereof.
    23    § 955.  Qualifications,  training  and  continuing  education.  1.  No
    24  license  shall  be  granted  to any person who has not paid the required
    25  application fee and demonstrated his or her  qualifications  and  abili-
    26  ties.  Applicants  for  a mechanic's license must demonstrate one of the
    27  following qualifications: (a) an acceptable  combination  of  documented
    28  experience  and  education  credits consisting of (i) not less than four
    29  years work experience  in  the  construction,  maintenance  and  service
    30  repair  of  elevators, as verified by current and previous employers and
    31  (ii) satisfactory completion of a written examination,  administered  by
    32  the  commissioner, on the most recent national, state, and local convey-
    33  ances codes and standards; or
    34    (b)  acceptable  proof  that  he  or  she  has  worked   on   elevator
    35  construction,  maintenance  or  repair  with direct and immediate super-
    36  vision in this state for a period of not less than four years immediate-
    37  ly prior to the effective date  of  this  article,  provided  that  such
    38  applicant  shall  file such application within one year of the effective
    39  date of this article; or
    40    (c) a certificate of successful completion  and  successfully  passing
    41  the mechanic examination of a nationally recognized training program for
    42  the elevator industry including, but not limited to, the national eleva-
    43  tor industry educational program or its equivalent; or
    44    (d)  certificate  of successful completion of the joint apprentice and
    45  training committee of the elevator industry of local 3, IBEW,  EE  divi-
    46  sion  training program or an apprenticeship program for elevator mechan-
    47  ics, having standards substantially equal to those of this chapter,  and
    48  registered  with the bureau of apprenticeship and training, U.S. depart-
    49  ment of labor or a state apprenticeship council.
    50    (e) The commissioner shall upon application and  without  examination,
    51  issue  a  license  to  any person over the age of eighteen years who has
    52  been duly  licensed by any other state of the United States to engage in
    53  the business of construction, operation, inspection, maintenance, alter-
    54  ation and repair of  elevators  as  verified  by  current  and  previous
    55  employers, upon compliance with standards and requirements not lower, in
    56  the  judgement  of  the commissioner than those of this state, provided,
        A. 1787--C                          9
 
     1  however, that such state extends the same reciprocity to  the  licensees
     2  of  this  state.  Such  application shall be accompanied by the required
     3  license fee.
     4    2. Applicants for an elevator contractor's license must demonstrate to
     5  the commissioner that such elevator contractor employs licensed elevator
     6  mechanics  who perform the work described in section nine hundred fifty-
     7  one of this article and have proof  of  compliance  with  the  insurance
     8  requirements  set  forth  in paragraph (d) of subdivision one of section
     9  nine hundred fifty-four of this article.
    10    3. Any applicants for an elevator inspector's license must demonstrate
    11  to the satisfaction of the commissioner that  such  applicant  meets  or
    12  exceeds applicable national standards. Private elevator inspectors shall
    13  maintain the same insurance requirements as an elevator contractor.
    14    4.  (a)  The  renewal  of all licenses granted under the provisions of
    15  this subdivision shall be conditioned upon the submission of  a  certif-
    16  icate of completion of a course designed to ensure the continuing educa-
    17  tion of licensees on new and existing national, state, and local convey-
    18  ances  codes  and  standards. Such course shall consist of not less than
    19  eight hours of instruction that shall be attended annually and completed
    20  preceding any such license renewal.  The  commissioner  shall  establish
    21  requirements  for  continuing education and training programs, and shall
    22  approve such programs, as well as maintain a list of  approved  programs
    23  which  shall be made available to license applicants, permit applicants,
    24  renewal applicants  and  other  interested  parties  upon  request.  The
    25  commissioner  shall  promulgate  rules and regulations setting forth the
    26  criteria for approval of such programs, the procedures to be followed in
    27  applying for such approval, and  other  rules  and  regulations  as  the
    28  commissioner  deems  necessary  and proper to effectuate the purposes of
    29  this section.
    30    (b) The commissioner shall assess a  fee  for  each  training  program
    31  completion   certificate   and   for  each  refresher  training  program
    32  completion certificate, provided, however, that in no  event  shall  the
    33  cost  of  such  certificates be assessed by the sponsor of such training
    34  program against the participants.
    35    5. The renewal of all licenses granted under the  provisions  of  this
    36  section  shall  be  conditioned  upon the submission of a certificate of
    37  completion of a course designed to ensure the  continuing  education  of
    38  licensees on new and existing regulations of the department. Such course
    39  shall  consist of not less than eight hours of instruction that shall be
    40  attended and completed annually prior to any such license renewal.
    41    The courses shall be taught by instructors through  continuing  educa-
    42  tion  providers  that  may include, but shall not be limited to, associ-
    43  ation seminars, and labor  training  programs.  The  commissioner  shall
    44  approve  the  continuing  education  providers. All instructors shall be
    45  exempt from the requirements of the preceding paragraph with  regard  to
    46  their  application  for license renewal provided that such applicant was
    47  qualified as an instructor at any time during the one  year  immediately
    48  preceding the scheduled date for such renewal.
    49    Approved  training  providers shall keep uniform records, for a period
    50  of six years, of attendance of licensees following a format approved  by
    51  the  commissioner  and such records shall be available for inspection by
    52  the commissioner at his or her request.    Approved  training  providers
    53  shall  be  responsible  for  the  security of all attendance records and
    54  certificates of completion; provided, however, that falsifying or  know-
    55  ingly  allowing  another  to  falsify such attendance records or certif-
        A. 1787--C                         10
 
     1  icates of completion shall constitute grounds for suspension or  revoca-
     2  tion of the approval required under this section.
     3    § 956. Powers of the commissioner.  1. The commissioner shall have the
     4  authority  to  inspect,  or  cause to be inspected, ongoing or completed
     5  conveyances projects and to conduct an investigation  thereof  upon  the
     6  commissioner's  own  initiation  or  upon  receipt of a complaint by any
     7  person or entity. However, nothing in this subdivision shall permit  the
     8  commissioner to enter a private residence.
     9    2.  If, upon receipt of a complaint alleging a violation of this arti-
    10  cle, the commissioner reasonable believes that such violation exists, he
    11  or she shall investigate as soon as practicable  to  determine  if  such
    12  violation  exists.  If  the commissioner determines that no violation or
    13  danger exists, the commissioner shall inform the complaining  person  or
    14  entity.
    15    3.  If,  upon  investigation,  the  commissioner  determines  that the
    16  alleged violation exists, the commissioner may deliver to such owner  or
    17  elevator  contractor  or  his  or  her agent or representative a written
    18  order to cure such violation and may order that their permit to work  on
    19  such  installation,  repair  or  maintenance  project shall be suspended
    20  until such violation is cured. Such order shall  specifically  enumerate
    21  the  violations which constitute the basis of the order to cure or order
    22  of suspension and shall specify the corrective action to be  taken.  The
    23  commissioner may allow the permit to toll during the time of such order.
    24    4.  Upon  receipt of a written notice from the elevator contractor, or
    25  his or her  agent  or  representative,  that  such  violation  has  been
    26  corrected,  the  commissioner  shall,  within ten days, issue a determi-
    27  nation as to whether such order to cure  has  been  satisfied  and  such
    28  order of suspension, if any, shall be lifted. If the commissioner deter-
    29  mines  that  the  order  to  cure  has  not been satisfied he or she may
    30  continue such order for a reasonable period of time upon the consent  of
    31  the  contractor,  or  his or her agent or representative. If the commis-
    32  sioner does not continue the order, or if the contractor, or his or  her
    33  agent  or  representative  does  not  consent  to such continuation, the
    34  contractor shall have the right to a hearing to determine if such  order
    35  shall  be lifted. Any entity or contractor who may be adversely affected
    36  by a notice, suspension, or determination issued under this section  may
    37  commence  a  proceeding  pursuant  to article seventy-eight of the civil
    38  practice law and rules.
    39    5. The commissioner may, after a notice and hearing, suspend or revoke
    40  a license issued under this  article  based  on  any  of  the  following
    41  violations:
    42    (a) any false statement as to a material matter in the application;
    43    (b) fraud, or misrepresentation, in securing a license;
    44    (c)  failure  to  notify the commissioner and the owner or lessee of a
    45  conveyance of any condition not in compliance with this article;
    46    (d) a violation of section nine hundred fifty-three of  this  article;
    47  or
    48    (e)  a finding by the commissioner that a contractor has violated this
    49  article or any rule or regulation promulgated thereunder twice within  a
    50  period  of three years, or that a contractor has violated a provision of
    51  this article and such violation resulted in  a  serious  threat  to  the
    52  health  or safety of an individual or individuals. The commissioner may,
    53  in addition to ordering that such contractor's license be  revoked,  bar
    54  such  individual  from  being eligible to reapply for such license for a
    55  period not to exceed two years.
        A. 1787--C                         11
 
     1    6. The commissioner may, after notice and  hearing,  revoke  a  permit
     2  issued under this article based on any of the following violations:
     3    (a) any false statements or misrepresentation as to a material fact in
     4  the application, plans, or specifications on which the permit was based;
     5    (b)  any application which by omission or mistake fails to comply with
     6  the requirements of this article;
     7    (c) any failure to perform work in accordance with the  provisions  of
     8  the  application,  plans  or  specifications or with the requirements of
     9  this article or conditions of the permit;
    10    (d) a failure by the owner or elevator contractor to whom  the  permit
    11  was  issued  to comply with an order issued pursuant to subdivision four
    12  of this section; or
    13    (e) a finding by the commissioner that an individual or contractor who
    14  has been issued a permit has violated any provision under  section  nine
    15  hundred fifty-three of this article.
    16    7. (a) Except as provided in paragraph (b) of this subdivision, if the
    17  commissioner  finds,  after  notice  and hearing, that an individual has
    18  violated any provision of this article, he or she  may  impose  a  civil
    19  penalty not to exceed one thousand dollars for each such violation. Upon
    20  a second or subsequent violation within three years of the determination
    21  of a prior violation, the commissioner may impose a civil penalty not to
    22  exceed two thousand dollars.
    23    (b)  The penalty provided for in paragraph (a) of this subdivision may
    24  be increased to an amount not to exceed five  thousand  dollars  if  the
    25  violation  resulted  in  a  serious threat to the health or safety of an
    26  individual or individuals.
    27    8. Any entity or contractor who may be adversely affected by an  order
    28  issued  under this section may commence a proceeding pursuant to article
    29  seventy-eight of the civil practice law and rules.
    30    9. The commissioner may bring an action in a court of competent juris-
    31  diction to enjoin any conduct that violates the provisions of this arti-
    32  cle.
    33    10. The commissioner may promulgate rules and regulations necessary to
    34  carry out and effectuate the provisions of this article.
    35    § 957. New York state elevator  safety  and  standards  board.  1.  An
    36  elevator  safety  and  standards  board is hereby created, to consist of
    37  nine members. The governor, the temporary president of the  senate,  and
    38  the speaker of the assembly shall each appoint three members. The gover-
    39  nor's  appointees  shall  be  comprised  of  a representative of a major
    40  elevator manufacturing company, a member of the  general  public  and  a
    41  building  owner,  manager  or representative; the temporary president of
    42  the senate's appointees shall be  comprised  of  an  elevator  servicing
    43  company, an elevator architectural designer or consultant, and an eleva-
    44  tor  inspector;  the  speaker  of  the  assembly's  appointees  shall be
    45  comprised of an elevator contractor employee labor  union,  an  elevator
    46  mechanic, and a fire marshal. The commissioners of health, labor, educa-
    47  tion,  and  economic  development or their designees shall be ex-officio
    48  members. The board shall meet on  an  as  needed  basis  to  advise  the
    49  commissioner  on  the  implementation  of  this article. The board shall
    50  elect a chairperson to serve for the term of their  appointment  to  the
    51  board.    The  board shall prepare an annual report for the governor and
    52  the legislature, copies of which shall be sent to the  commissioners  of
    53  health, education, economic development, and labor.
    54    2. The first member appointed by the governor, the temporary president
    55  of  the senate, and the speaker of the assembly shall have a term of one
    56  year; the second member appointed by each shall have a term of two years
        A. 1787--C                         12
 
     1  and the remaining members shall have a term of three years. Each of such
     2  appointed members shall hold office for the term for which  such  member
     3  was  appointed  and until his or her successor shall have been appointed
     4  or  until  he  or she shall resign.  The term of office of all successor
     5  members shall be three years. The members shall serve without salary  or
     6  compensation, but shall be reimbursed for necessary expenses incurred in
     7  the performance of their duties.
     8    3.  The  board  may consult with engineering authorities and organiza-
     9  tions concerned  with  standard  safety  codes,  rules  and  regulations
    10  governing  the  operation,  maintenance, servicing, construction, alter-
    11  ation, installation, and inspection of  conveyances  and  the  adequate,
    12  reasonable, and necessary qualifications of elevator mechanics, contrac-
    13  tors, and inspectors.
    14    4. The duties of the board are as follows:
    15    (a)  assist  the  commissioner  and the department in establishing the
    16  state regulations for equipment covered by this article;
    17    (b) develop recommendations for  an  enforcement  program  which  will
    18  ensure  compliance  with the regulations and requirements promulgated by
    19  the commissioner pursuant to this article;
    20    (c) assist the commissioner in granting exceptions and variances  from
    21  the  literal  requirements  of  the applicable code and standards, regu-
    22  lations, and local legislation, in cases where such variances would  not
    23  jeopardize the public safety and welfare;
    24    (d)  assist  the  commissioner  in setting fee schedules for licenses,
    25  permits, and inspections. The fees shall reflect the  actual  costs  and
    26  expenses to conduct the duties as described in this article; and
    27    (e) assist the commissioner in any and all things necessary or conven-
    28  ient  to the commissioner's duty to carry out the purposes of this arti-
    29  cle.
    30    § 958. Exempt persons. This article shall not be construed to apply to
    31  the practice, conduct, activities, or services by a person  licensed  to
    32  practice  architecture within this state pursuant to article one hundred
    33  forty-seven of the education law or engineering within this state pursu-
    34  ant to article one hundred forty-five of the education law.
    35    § 2. The state finance law is amended by adding a new section  97-pppp
    36  to read as follows:
    37    §  97-pppp.  Elevator  and related conveyances safety program account.
    38  1. There is hereby established in the custody of the  state  comptroller
    39  the elevator and related conveyances safety program account.
    40    2.  Such  fund  shall  consist  of  moneys  collected  pursuant to the
    41  provisions of article thirty-three of the labor law.
    42    3. Moneys of the fund shall be available to the commissioner of  labor
    43  for  purposes  of  offsetting  the costs incurred by the commissioner of
    44  labor for the administration of article thirty-three of the  labor  law,
    45  including  the administration of elevator and related conveyances safety
    46  programs, the administration of licenses and permits, and  the  adminis-
    47  tration  of certificates of operation as set forth in such article thir-
    48  ty-three.
    49    4. The moneys shall be paid out of the fund on the audit  and  warrant
    50  of the comptroller on vouchers certified or approved by the commissioner
    51  or his or her designee.
    52    5.  Notwithstanding  the  provisions of any general or special law, no
    53  moneys shall be available from the fund until  a  certificate  of  allo-
    54  cation  and  a  schedule  of amounts to be available therefor shall have
    55  been issued by the director of the budget, and a copy  of  such  certif-
    56  icate  filed  with the comptroller. Such certificate may be amended from
        A. 1787--C                         13
 
     1  time to time by the director of the budget  and  a  copy  of  each  such
     2  amendment shall be filed with the comptroller.
     3    § 3. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law, provided, however, that effective immediate-
     5  ly,  the  addition,  amendment and/or repeal of any rules or regulations
     6  necessary for the implementation of this act on its effective date,  and
     7  the  appointment  of  the  New  York state elevator safety and standards
     8  board, are authorized and directed to be established, made and completed
     9  on or before such effective date.