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.
STATE OF NEW YORK
________________________________________________________________________
6291
IN SENATE
January 20, 2012
___________
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring the licensing of
persons engaged in the design, construction, operation, 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 32 to read
2 as follows:
3 ARTICLE 32
4 ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES: LICENSING
5 Section 925. Legislative findings and declaration.
6 926. Application.
7 927. Definitions.
8 928. Licensing and permit requirements.
9 929. License and permit procedure.
10 930. Qualifications, training and continuing education.
11 931. Regulations.
12 932. Investigations and complaints; injunction.
13 933. Civil penalties; suspension and revocation of licenses.
14 934. Enforcement.
15 935. New York state elevator safety and standards board.
16 § 925. Legislative findings and declaration. The legislature hereby
17 finds and declares that the use of unsafe and defective elevators and
18 other automated people moving conveyances expose employees and the
19 public to unsafe conditions and impose substantial probability of seri-
20 ous injury. The legislature finds that the improper and uninformed
21 manner in which some contractors and their employees design, construct,
22 operate, inspect, maintain, alter and repair such conveyances creates an
23 unnecessary and preventable health and safety risk to employees and the
24 public. The protection of employees and the public, as well as the
25 prevention of such injury, is in the best interest of the people of the
26 state of New York.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10727-01-1
S. 6291 2
1 The legislature finds and declares it to be its purpose and policy to
2 reduce such hazards by requiring proper training of persons employed to
3 design, construct, operate, inspect, maintain, alter and repair eleva-
4 tors and other automated people moving conveyances and by requiring the
5 licensing of contractors and the certification of individuals involved
6 in elevator and other automated people moving conveyances projects.
7 Nothing in this article shall create, expand, diminish, limit, impair
8 or supersede any jurisdiction over work parameters a building trade may
9 have under law, regulations, contract, past practice, prior determi-
10 nations of any courts, National Labor Relations Board, arbitration or
11 otherwise. Nothing herein shall be used, construed or interpreted for
12 the purposes of resolving or settling a work jurisdictional dispute
13 between or among the various construction trades.
14 § 926. Application. 1. The design, construction, operation,
15 inspection, testing, maintenance, alteration, and repair of the follow-
16 ing equipment are covered by this article:
17 (a) Hoisting and lowering mechanisms equipped with a car or platform
18 which moves between two or more landings. This equipment includes, but
19 is not limited to elevators, platform lifts, stairway chair lifts, and
20 personnel hoists within the scope of ANSI A10.4.
21 (b) Power driven stairways and walkways for carrying persons between
22 landings. This equipment includes, but is not limited to, escalators and
23 moving walks.
24 (c) Hoisting and lowering mechanisms equipped with a car, which serves
25 two or more landings and is restricted to the carrying of material by
26 its limited size or limited access to the car. This equipment includes,
27 but is not limited to, dumbwaiters, material lifts, and dumbwaiters with
28 automatic transfer devices.
29 (d) Automatic guided transit vehicles on guideways with an exclusive
30 right of way. This equipments includes, but is not limited to, automated
31 people movers.
32 2. The following equipment is not covered by this article:
33 (a) Material hoists within the scope of ANSI A10.5;
34 (b) Manlifts within the scope of ASME A90.1;
35 (c) Mobile scaffolds, towers, and platforms within the scope of ANSI
36 A92;
37 (d) Powered platforms and equipment for exterior and interior mainte-
38 nance within the scope of ANSI 120.1;
39 (e) Conveyor and related equipment within the scope of ASME B20.1;
40 (f) Cranes, derricks, hoists, hooks, jacks and slings within the scope
41 of ASME B30;
42 (g) Industrial trucks within the scope of ASME B56;
43 (h) Portable equipment, except for portable escalators which are
44 covered by ANSI A17.1;
45 (i) Tiering and piling machines used to move materials to and from
46 storage located and operating entirely within one story;
47 (j) Equipment for feeding or positioning materials including, but not
48 limited to, machine tools and printing presses;
49 (k) Skip or furnace hoists;
50 (l) Wharf ramps;
51 (m) Railroad car lifts or dumpers; and
52 (n) Line jacks, false cars, shafters, moving platforms and similar
53 equipment used for installing an elevator by a contractor licensed in
54 this state.
55 § 927. Definitions. As used in this article, the following terms shall
56 have the following definitions:
S. 6291 3
1 1. "ASCE 21" means the American Society of Civil Engineers Automated
2 People Mover Standards.
3 2. "ASME A17.1" means the Safety Code for Elevators and Escalators, an
4 American National Standard.
5 3. "ASME A17.3" means the Safety Code for Existing Elevators and Esca-
6 lators, an American National Standard.
7 4. "ASME A18.1" means the Safety Standard for Platform Lifts and
8 Stairway Chairlifts, an American National Standard.
9 5. "Automated people mover" means an installation defined as an "auto-
10 mated people mover" in ASCE 21.
11 6. "Board" means the New York state elevator safety and standards
12 board established by section nine hundred thirty-five of this article.
13 7. "Certificate of operation" means a document issued by the commis-
14 sioner that indicates that the elevator or related conveyance has had
15 the required safety inspection and tests and that the fees required by
16 this article have been paid.
17 8. "Certificate of operation; temporary" means a document issued by
18 the commissioner which permits the temporary use of a non-compliant
19 elevator or related conveyance by the general public for a limited time,
20 not to exceed thirty days, while minor repairs are being completed.
21 9. "Conveyance" means any elevator, dumbwaiter, escalator, moving
22 sidewalk, platform lifts, stairway chairlifts and automated people
23 movers.
24 10. "Dormant elevator, dumbwaiter, or escalator" means an installation
25 placed out of service as specified in ASME A17.1 and ASME 18.1.
26 11. "Elevator" means an installation defined as an "elevator" in ASME
27 A17.1.
28 12. "Elevator contractor" means the state, a public corporation, or
29 any other governmental agency or instrumentality of the state or a
30 public corporation, self-employed person, company, unincorporated asso-
31 ciation, firm, partnership, limited liability company, corporation, or
32 any other entity, or any owner or operator of any of the foregoing enti-
33 ties, who possesses an elevator contractor's license in accordance with
34 the provisions of sections nine hundred twenty-eight and nine hundred
35 twenty-nine of this article and is engaged in the business of erecting,
36 constructing, installing, altering, servicing, repairing, or maintaining
37 elevators or other automated people moving conveyances covered by this
38 article.
39 13. "Elevator helper/apprentice" means any person who works under the
40 general direction of a licensed elevator mechanic.
41 14. "Elevator inspector" means any person who possesses an elevator
42 inspector's license in accordance with the provisions of this article.
43 15. "Elevator mechanic" means any person who possesses an elevator
44 mechanic's license in accordance with the provisions of this article.
45 16. "Escalator" means an installation defined as an "escalator" in the
46 ASME A17.1.
47 17. "Existing installation" means an installation defined as an
48 "installation, existing" in ASME A17.1.
49 18. "License" means a written license, duly issued by the commission-
50 er, authorizing the erecting, constructing, installing, altering,
51 servicing, repairing, or maintaining or performing inspections of eleva-
52 tors or other conveyances covered by this article.
53 19. "License, elevator contractor's" means a license which entitles
54 the holder thereof to engage in the business of erecting, constructing,
55 installing, altering, servicing, repairing or maintaining conveyances
56 covered by this article.
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1 20. "License, inspector's" means a license which entitles the holder
2 thereof to engage in the business of inspecting conveyances covered by
3 this article.
4 21. "License, limited elevator contractor's" means a license which
5 authorizes an elevator contractor who employes individuals to carry on a
6 business of erecting, constructing, installing, altering, servicing,
7 repairing or maintaining conveyances within any building or structure,
8 including, but not limited, to private residences.
9 22. "License, elevator mechanic's" means a license which entitles the
10 holder thereof to install, construct, alter, service, repair, test,
11 maintain, and perform work on conveyances or other automated people
12 movers covered by this article.
13 23. "Material alteration" means an "alteration" as defined in the
14 referenced national standards.
15 24. "Moving walk (sidewalk)" means an installation as defined as a
16 "moving walk" in the ASME A17.1.
17 25. "Permit" means a document issued by the commissioner of labor
18 prior to the commencement of work that indicates that the conveyance is
19 in the process of being erected, constructed, installed, or altered
20 under department approved plans pursuant to this article.
21 26. "Person" means any natural person.
22 27. "Private residence" means a separate dwelling or a separate apart-
23 ment in a multiple dwelling, which is occupied by members of a single
24 family unit.
25 28. "Repair" means a "repair" as defined in the referenced national
26 standards.
27 29. "Temporarily dormant elevator, dumbwaiter, or escalator" means an
28 installation whose power supply has been disconnected by removing fuses
29 and placing a padlock on the mainline disconnect switch in the "off"
30 position. The car is parked and the hoistway doors are in the closed and
31 latched position. A wire seal shall be installed on the mainline discon-
32 nect switch by a licensed elevator inspector. This installation shall
33 not be used again until it has been put in safe running order and is in
34 condition for use. Annual inspections shall continue for the duration of
35 the temporarily dormant status by a licensed elevator inspector. "Tempo-
36 rarily dormant" status shall be renewable on an annual basis, and shall
37 not exceed a five-year period. The inspector shall file a report with
38 the commissioner describing the current conditions. The wire seal and
39 padlock shall not be removed for any purpose without permission from the
40 elevator inspector.
41 § 928. Licensing and permit requirements. 1. It is unlawful for any
42 elevator contractor to erect, construct, alter, replace, maintain,
43 remove or dismantle any conveyance contained within buildings or struc-
44 tures in this state unless such an elevator contractor holds an elevator
45 contractor's license.
46 2. It is unlawful for any person to wire any conveyance, from the
47 mainline feeder terminals on the controller, in this state unless such
48 person has an elevator mechanic's license and is working under the
49 direct supervision of a licensed elevator contractor pursuant to this
50 article. No other license shall be required for this work. An elevator
51 contractor's license is not required for the removal or dismantling of
52 conveyances which are destroyed as a result of a complete demolition of
53 a secured building or structure or where the hoistway or wellway is
54 demolished back to the basic support structure whereby no access is
55 permitted therein to endanger the safety and welfare of a person.
S. 6291 5
1 3. It is unlawful for a person to inspect any conveyance within build-
2 ings or structures, including but not limited to private residences,
3 unless such person holds an elevator inspector's license.
4 4. It is unlawful for any elevator contractor to erect, construct,
5 install, or alter conveyances within buildings or structures within this
6 state unless a permit therefor has been issued by the commissioner
7 before work is commenced. No required permit shall be issued except to a
8 licensed elevator contractor holding a current elevator contractor's
9 license. A copy of such permit shall be kept at the construction site at
10 all times while the work is in progress.
11 5. All new conveyance installations shall be performed by an elevator
12 contractor licensed to install such conveyance. Subsequent to installa-
13 tion, the elevator contractor must certify compliance with the applica-
14 ble sections of this article. Prior to such conveyances being used, the
15 property owner or lessee must obtain a certificate of operation from the
16 commission. A fee, as set forth in this article, shall be paid for such
17 certificate of operation. It is the responsibility of the licensed
18 elevator contractor to complete and submit registrations for new instal-
19 lations. A certificate of operation shall be valid for one year, except
20 for certificates issued for platform and stairway chairlifts for private
21 residences, which shall be valid for a period of three years. Certif-
22 icates of operation must be clearly displayed on or in each conveyance
23 or in the machine room for use for the benefit of code enforcement offi-
24 cers.
25 6. The certificate of operation fee for newly installed platform lifts
26 and stairway chairlifts for private residences shall be issued only
27 subsequent to an inspection by a licensed third party inspection firm.
28 The certificate of operation fee for all new and existing platform and
29 stairway chairlifts for private residences and any renewal certificate
30 fees are hereby waived. The inspection of private residence platform and
31 stairway chairlifts shall be done at the request and consent of the
32 private residence's owner or lessees. No provisions of this article
33 shall apply to private residence owners or lessees.
34 § 929. License and permit procedure. 1. All applications for elevator
35 contractor's, elevator mechanic's, and elevator inspector's licenses and
36 required permits shall be submitted in writing on forms furnished by the
37 commissioner and shall contain such information as the commissioner may
38 require.
39 2. Such applications must include the following information:
40 (a) The name, residence address and business address of the applicant.
41 (b) The number of years the applicant has engaged in the business of
42 installing, inspecting, repairing, maintaining, or servicing conveyances
43 covered by this article.
44 (c) The approximate number of persons, if any, to be employed by an
45 elevator contractor applicant and, if applicable, satisfactory evidence
46 that the applicants have or will secure compensation and benefits pursu-
47 ant to the workers' compensation law.
48 (d) Evidence that the applicant is or will be covered by general
49 liability, personal injury and property damage insurance.
50 (e) Record of criminal convictions, if any.
51 (f) Any other information which the commissioner may require.
52 3. Upon approval of an application by the department, the commissioner
53 shall issue a license. Such license shall be valid for two years. The
54 fees for such license and renewal thereof shall be set by the commis-
55 sioner.
S. 6291 6
1 4. Where any material alteration, as defined in section nine hundred
2 twenty-seven of this article, is made, the device shall conform to
3 applicable requirements in the applicable referenced national standards
4 for alteration.
5 5. Each application for a permit shall be accompanied by copies of the
6 specifications and accurately scaled and fully dimensioned plans showing
7 the location of the installation in relation to the plans and elevation
8 of the building; the location of the machinery room and the equipment to
9 be installed, relocated or altered; and all structural supporting
10 members thereof, including foundations, and shall specify all materials
11 to be employed and all loads to be supported and conveyed. Such plans
12 and specifications shall be sufficiently complete to illustrate all
13 details of construction and design. The required fees shall accompany
14 each permit application.
15 6. Upon approval of an application by the department, the commissioner
16 shall issue a permit. If the work authorized by such permit is not
17 commenced within six months of the date of issuance, or within such
18 shorter period of time as the commissioner may specify at the time the
19 permit is issued, such permit shall expire. If after the work has been
20 started, work is suspended or abandoned for a period of sixty days, or
21 such shorter period of time as the commissioner may specify at the time
22 the permit is issued, the permit shall expire. For good cause shown,
23 the commissioner may allow extensions of the foregoing periods. The fees
24 for such permits and such extensions shall be set by the commissioner.
25 § 930. Qualifications, training and continuing education. 1. No
26 license shall be granted to any person who has not paid the required
27 application fee and demonstrated his or her qualifications and abili-
28 ties. Applicants for a mechanic license must demonstrate one of the
29 following qualifications: (a) an acceptable combination of documented
30 experience and education credits consisting of (i) not less than three
31 years work experience in the construction, maintenance and service
32 repair of elevators, as verified by current and previous employers and
33 (ii) satisfactory completion of a written examination administered by
34 the department on the most recent national, state, and local conveyances
35 codes and standards; or
36 (b) acceptable proof that he or she has worked on elevator
37 construction, maintenance or repair without direct and immediate super-
38 vision in this state for a period of not less than three years imme-
39 diately prior to the effective date of this article provided that such
40 applicant pursuant to this paragraph shall file such application within
41 one year of the effective date of this article; or
42 (c) a valid license from a state having standards substantially equal
43 to those of this state may be granted a license upon application and
44 without examination; or
45 (d) a certificate of successful completion and successfully passing
46 the mechanic examination of a nationally recognized training program for
47 the elevator industry such as, but not limited to, the National Elevator
48 Industry Educational Program or its equivalent; or
49 (e) certificate of successful completion of an apprenticeship program
50 for elevator mechanics, having standards substantially equal to those of
51 this chapter, and registered with the Bureau of Apprenticeship and
52 Training, U.S. Department of Labor or a state apprenticeship council.
53 2. Whenever an emergency exists, which imperils the health, safety or
54 welfare of an individual placing an individual in imminent danger of
55 injury or death, a licensed elevator contractor shall respond as neces-
56 sary to assure the safety of the public. When such an emergency exists
S. 6291 7
1 in the state due to a disaster, act of God or work stoppage and the
2 number of persons in the state holding licenses granted by the board is
3 insufficient to cope with such emergency, any person certified by a
4 licensed elevator contractor to have an acceptable combination of docu-
5 mented experience and education to perform elevator work without direct
6 and immediate supervision shall seek an emergency elevator mechanic
7 license from the commissioner within five business days after commencing
8 work requiring a license. The commissioner shall issue emergency eleva-
9 tor mechanic licenses to address the emergency that exists. The licensed
10 elevator contractor shall furnish proof of competency as the commission-
11 er may require. Each such license shall recite that it is valid for a
12 period of thirty days from the date thereof and for such particular
13 elevators or geographical areas as the commissioner may designate to
14 address the emergency situation and otherwise shall entitle the licensee
15 to the rights and privileges of an elevator mechanic license issued in
16 this article. The commissioner shall renew an emergency elevator mechan-
17 ic license during the existence of an emergency as needed. No fee shall
18 be charged for any emergency elevator mechanic license or renewal there-
19 of.
20 3. A licensed elevator contractor shall notify the commissioner when
21 there are no licensed personnel available to perform elevator work. The
22 licensed elevator contractor may request that the commissioner issue
23 temporary elevator mechanic licenses to persons certified by the
24 licensed elevator contractor to have an acceptable combination of docu-
25 mented experience and education to perform elevator work without direct
26 and immediate supervision. Any person certified by a licensed elevator
27 contractor to have an acceptable combination of documented experience
28 and education to perform elevator work without direct and immediate
29 supervision shall immediately seek a temporary elevator mechanic license
30 from the commissioner and shall pay such fees as the board shall deter-
31 mine. Each such license shall recite that it is valid for a period of
32 thirty days from the date of issuance and while employed by the licensed
33 elevator contractor that certified the individual as qualified. It shall
34 be renewable as long as the shortage of license holders shall continue.
35 4. Applicants for an elevator contractor's license must demonstrate to
36 the commissioner that such elevator contractor employs licensed elevator
37 mechanics who perform the work described in section nine hundred twen-
38 ty-seven of this article and have proof of compliance with the insurance
39 requirements set forth in subdivision two of section nine hundred twen-
40 ty-nine of this article.
41 5. Applicants for an elevator contractor's license who hold a valid
42 license from a state having standards substantially equal to those of
43 this state may be granted an elevator contractor's license upon proof of
44 compliance with the insurance requirements set forth in paragraph (d) of
45 subdivision two of section nine hundred twenty-nine of this article.
46 6. Any applicants for an elevator inspector's license must demonstrate
47 to the satisfaction of the commissioner that such applicant meets or
48 exceeds the current national standards for elevator inspectors as set
49 forth in ASME QEI-1, Standards for the Qualifications of Elevator
50 Inspectors. Private elevator inspectors shall maintain the same insur-
51 ance requirements as an elevator contractor.
52 7. (a) The renewal of all licenses granted under the provisions of
53 this subdivision shall be conditioned upon the submission of a certif-
54 icate of completion of a course designed to ensure the continuing educa-
55 tion of licensees on new and existing national, state, and local convey-
56 ances codes and standards. Such course shall consist of not less than
S. 6291 8
1 eight hours of instruction that shall be attended and completed within
2 one year immediately preceding any such license renewal. The commission-
3 er shall establish requirements for continuing education and training
4 programs, and shall approve such programs, as well as maintain a list of
5 approved programs which shall be made available to license applicants,
6 permit applicants, renewal applicants and other interested parties upon
7 request. The commissioner shall promulgate rules and regulations setting
8 forth the criteria for approval of such programs, the procedures to be
9 followed in applying for such approval, and other rules and regulations
10 as the commissioner deems necessary and proper to effectuate the
11 purposes of this section.
12 (b) The commissioner shall assess a fee for each training program
13 completion certificate and for each refresher training program
14 completion certificate, provided, however, that in no event shall the
15 cost of such certificates be assessed by the sponsor of such training
16 program against the participants.
17 (c) The state comptroller shall establish within the special revenue
18 fund-other an elevator and related conveyances safety program account.
19 All fees assessed and collected pursuant to the provisions of this
20 section shall be paid and deposited into the elevator and related
21 conveyances safety program account established by this paragraph for the
22 purposes of offsetting the costs incurred by the commissioner for the
23 administration of elevator and related conveyances safety programs.
24 8. 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 provisions of the regulations of the
28 elevator safety and standards board. Such course shall consist of not
29 less than eight hours of instruction that shall be attended and
30 completed within one year immediately preceding any such license
31 renewal.
32 The courses shall be taught by instructors through continuing educa-
33 tion providers that may include, but shall not be limited to, associ-
34 ation seminars, and labor training programs. The elevator safety and
35 standards board shall approve the continuing education providers. All
36 instructors shall be approved by the board and exempt from the require-
37 ments of the preceding paragraph with regard to their application for
38 license renewal provided that such applicant was qualified as an
39 instructor at any time during the one year immediately preceding the
40 scheduled date for such renewal.
41 Approved training providers shall keep uniform records, for a period
42 of ten years, of attendance of licensees following a format approved by
43 the board and such records shall be available for inspection by said
44 board at its request. Approved training providers shall be responsible
45 for the security of all attendance records and certificates of
46 completion; provided, however, that falsifying or knowingly allowing
47 another to falsify such attendance records or certificates of completion
48 shall constitute grounds for suspension or revocation of the approval
49 required under this section.
50 § 931. Regulations. 1. The commissioner shall promulgate such rules
51 and regulations as the commissioner deems necessary and proper to effec-
52 tuate the purposes and provisions of this article and comply with at a
53 minimum, the requirements of the code; the Safety Code for Elevators and
54 Escalators, ASME A17.1; the Safety Standards for Platform Lifts and
55 Stairway Chairlifts, ASME A18.1; Standard for the Qualification of
S. 6291 9
1 Elevator Inspectors, ASME QEI-1; and Automated People Mover Standards
2 ASCE 21.
3 2. Within six months of the effective date of this article, the owner
4 or lessee of every existing conveyance shall register with the commis-
5 sioner, each such elevator, dumbwaiter, platform lift and escalator or
6 device describe in twenty-six, owned and operated by them, giving the
7 type, rated load and speed, name of manufacturer, location and the
8 purpose for which it is used and such additional information as the
9 commissioner may require. Conveyances on which construction has begun
10 subsequent to the effective date of this article, shall be registered at
11 the time they are completed and placed in service.
12 3. It shall be the responsibility of licensees to ensure that instal-
13 lation, service or maintenance of conveyances is performed in compliance
14 with existing state and local building and maintenance codes.
15 4. This article shall not be construed to relieve or lessen the
16 responsibility or liability of any owner or elevator contractor owning,
17 operating, controlling, maintaining, erecting, constructing, installing,
18 altering, inspecting, testing or repairing any elevator or other related
19 mechanisms covered by this article for damages to person or property
20 caused by any defect therein, nor does the state assume any such liabil-
21 ity or responsibility therefor, or any liability to any person, by
22 reason of the enactment of this article, or any acts or omissions aris-
23 ing under this article.
24 § 932. Investigations and complaints; injunction. 1. Notwithstanding
25 any other provision of this article, the commissioner shall have the
26 authority to inspect, or cause to be inspected, ongoing or completed
27 conveyances projects and to conduct an investigation thereof upon the
28 commissioner's own initiation or upon receipt of a complaint by any
29 person or entity.
30 2. Any person or entity may make a complaint regarding an alleged
31 violation or danger pursuant to this article by giving written notice to
32 the commissioner. Such notice shall state with reasonable particularity
33 the grounds for the notice and shall be signed by the person making the
34 request. Such person's name shall not appear on any copy of such notice
35 or any record published, released, or made available.
36 3. If, upon receipt of a notice of violation or danger, the commis-
37 sioner determines that there is reasonable grounds to believe that such
38 violation or danger exists, the commissioner shall cause to be made an
39 investigation in accordance with the provisions of this article as soon
40 as practicable to determine if such violation or danger exists. If the
41 commissioner determines that there are no reasonable grounds to believe
42 that such violation or danger exists, the commissioner shall inform the
43 complaining person or entity.
44 4. If, upon investigation, the commissioner determines that such
45 violation or danger exists, the commissioner may deliver to such owner
46 or elevator contractor or its agent or representative a written notice
47 to cure or notice enjoining any further work on such installation,
48 repair or maintenance project. Such notice shall specifically enumerate
49 the dangers or violations of regulations which are occurring and shall
50 prohibit any further operation of the conveyance or work on such eleva-
51 tor installation, maintenance or repair project until such violations
52 cease and the notice rescinded by the commissioner.
53 5. Upon receipt of a written notice from the elevator contractor, or
54 its agent or representative, that such violations or dangers have been
55 corrected, the commissioner shall, within ten days, issue a determi-
56 nation as to whether such notice to cure or notice to enjoin shall be
S. 6291 10
1 rescinded. Any entity or contractor who may be adversely affected by a
2 notice or determination issued under this section may challenge the
3 validity or applicability of such notice or determination by commencing
4 a proceeding pursuant to article seventy-eight of the civil practice law
5 and rules.
6 § 933. Civil penalties; suspension and revocation of licenses. 1. A
7 license issued pursuant to this article may be suspended or revoked and
8 a licensee may be subjected to a civil penalty by the commissioner upon
9 determination that any one or more of the following causes exists:
10 (a) Any false statement as to a material matter in the application.
11 (b) Fraud, misrepresentation, or bribery in securing a license.
12 (c) Failure to notify the commissioner and the owner or lessee of a
13 conveyance of any condition not in compliance with this article.
14 (d) Violation of any provision of this article.
15 2. A permit issued pursuant to this article may be revoked by the
16 commissioner upon determination that any one or more of the following
17 causes exists:
18 (a) Any false statements or misrepresentation as to a material fact in
19 the application, plans, or specifications on which the permit was based.
20 (b) Any application which by omission or mistake fails to comply with
21 the requirements of this article.
22 (c) Any failure to perform work in accordance with the provisions of
23 the application, plans or specifications or with the requirements of
24 this article or conditions of the permit.
25 (d) A failure by the owner or elevator contractor to whom the permit
26 was issued to comply with a stop work order.
27 3. (a) The commissioner may impose a civil penalty upon an owner or
28 elevator contractor of up to one thousand five hundred dollars for the
29 initial violation of section nine hundred twenty-eight of this article
30 and up to two thousand five hundred dollars for the second or subsequent
31 violation of such section.
32 (b) If, after an investigation and a formal hearing, the commissioner
33 finds that an owner or elevator contractor has violated any provision of
34 this article, other than section nine hundred twenty-eight, or any rule
35 or regulation promulgated pursuant to this article, the commissioner
36 shall, by an order which shall describe in detail the nature of the
37 violation or violations, impose on such contractor a civil penalty of
38 not more than the greater of twenty-five percent of the monetary value
39 of the contract upon which the violation was found to have occurred or
40 five thousand dollars per violation. The commissioner shall impose on
41 any contractor who, having previously been assessed a civil penalty
42 under this section, violates any provision of this article or any rule
43 or regulation promulgated pursuant to this article a civil penalty of
44 not more than the greater of fifty percent of th monetary value of the
45 contract upon which the violation was found to have occurred or twenty-
46 five thousand dollars per violation. Each day a violation continues may
47 be considered a separate violation under this section. In assessing the
48 amount of penalty, the commissioner shall give due consideration to the
49 size of the contractor's business, the good faith of the contractor, the
50 gravity of the violation, and the contractor's history of previous
51 violations.
52 4. If, after an investigation and a formal hearing, the commissioner
53 finds that a contractor has violated any provision of this article or
54 any rule or regulation promulgated hereunder within three years of the
55 last assessment of a civil penalty against the contractor under this
56 article, or has been found to have committed serious violations of other
S. 6291 11
1 state, federal or local laws with regard to the elevator contractor's
2 project or has otherwise demonstrated a lack of responsibility in the
3 conduct of any job of such seriousness as to warrant the revocation of
4 the contractor's license, the commissioner may, by an order which
5 describes in detail the nature of the violation or violations, revoke
6 the contractor's license, whereupon such contractor shall not be eligi-
7 ble to apply for a new license for a period of up to two years.
8 5. If, after an investigation and a formal hearing, the commissioner
9 finds that a person or contractor who has been issued a permit has will-
10 fully violated any provision of this article, or any rule or regulation
11 promulgated pursuant to this article, the commissioner may, by order
12 which describes in detail the nature of the violation or violations,
13 suspend or revoke the permit of such person or contractor.
14 6. Any entity or contractor who may be adversely affected by an order
15 issued under this section may challenge the validity or applicability of
16 such order by commencing a proceeding pursuant to article seventy-eight
17 of the civil practice law and rules. The commissioner may file with the
18 county clerk of the county where the person, employer, or contractor
19 resides or has a place of business, the order containing the amount of
20 civil penalty, unless a proceeding for judicial review as provided in
21 this article shall then be pending or the time for initiation of such
22 proceeding has not expired. The filing of such order or decision shall
23 have the full force and effect of a judgment duly docketed in the office
24 of such clerk. The order or decision may be enforced by and in the name
25 of the commissioner in the same manner, and with like effect, as that
26 prescribed by the civil practice law and rules for the enforcement of a
27 money judgment.
28 § 934. Enforcement. 1. Nothing in this article shall be construed to
29 prevent cities from enacting local laws or ordinances which impose stan-
30 dards or requirements relating to conveyance safety that are more strin-
31 gent than those set forth in this article or in any rule or regulation
32 promulgated pursuant to this article.
33 2. The commissioner shall enforce the provisions of this article and
34 the rules and regulations promulgated pursuant to this article;
35 provided, however, that the provisions of this section, and sections
36 nine hundred thirty-one and nine hundred thirty-two of this article,
37 shall not be enforced with reference to entities or contractors perform-
38 ing work in a city which files with the commissioner a duly certified
39 copy of a local law or ordinance assuming full responsibility for
40 enforcing the provisions of this article and the rules and regulations
41 promulgated pursuant to this article. Such city shall have all the
42 powers of the commissioner in enforcing the provisions of this article
43 and the rules and regulations promulgated pursuant to this article,
44 including but not limited to, the collection and retention of monetary
45 penalties.
46 3. Each city which elects such local enforcement option shall submit a
47 report to the commissioner annually on or before the first day of June
48 in the manner in which this article and the rules and regulations
49 promulgated pursuant to this article have been and are being adminis-
50 tered and the results of such administration under the jurisdiction of
51 such city and shall from time to time submit to the commissioner such
52 other reports as to such other matters as the commissioner may require.
53 4. A city may file with the commissioner a duly certified copy of a
54 local law or ordinance terminating its enforcement responsibilities,
55 which shall be effective thirty days from the filing thereof.
S. 6291 12
1 § 935. New York state elevator safety and standards board. 1. An
2 elevator safety and standards board is hereby created, to consist of
3 nine members. The governor, the temporary president of the senate, and
4 the speaker of the assembly shall appoint three members each. The board
5 shall meet on a quarterly basis to advise the commissioner of labor on
6 the implementation of this article. The chairperson of the board shall
7 be designated by the governor from among the persons appointed. The
8 members shall be representative of a major elevator manufacturing compa-
9 ny, an elevator servicing company, an elevator architectural designer or
10 consultant, the general public, a building owner or manager, an elevator
11 contractor employee labor union representative, and a fire marshal. The
12 commissioners of health, labor, education, and economic development or
13 their designees shall be ex-officio members. The board shall prepare an
14 annual report for the governor and the legislature, copies of which
15 shall be sent to the commissioners of health, education, economic devel-
16 opment, and labor.
17 2. The first member appointed by the governor, the temporary president
18 of the senate, and the speaker of the assembly shall have a term of one
19 year; the second member appointed by each shall have a term of two years
20 and the remaining members shall have a term of three years. Each of such
21 appointed members shall hold office for the term for which such member
22 was appointed and until his or her successor shall have been appointed
23 or until he or she shall resign. The term of office of all successor
24 members shall be three years. The members shall serve without salary or
25 compensation, but shall be reimbursed for necessary expenses incurred in
26 the performance of their duties.
27 3. The board may consult with engineering authorities and organiza-
28 tions concerned with standard safety codes, rules and regulations
29 governing the operation, maintenance, servicing, construction, alter-
30 ation, installation, and inspection of conveyances and the adequate,
31 reasonable, and necessary qualifications of elevator mechanics, contrac-
32 tors, and inspectors. The board may be authorized by the commissioner to
33 recommend draft legislation and amendments to the legislature.
34 4. The board shall assist the commissioner and the department in
35 establishing the state regulations for equipment covered by this arti-
36 cle. Such regulations shall conform with the minimum requirements of the
37 code, the Safety Code for Elevators and Escalators, ASME A17.1; the
38 Safety Code for Existing Elevators and Escalators, ASME A17.3; the safe-
39 ty standards for platform lifts and stairway chairlifts, ASME A18.1;
40 standard for the qualification of elevator inspectors, ASME QEI-1; and
41 automated people mover standards, ASCE 21. The board shall adopt the
42 latest editions of such national standards within six months of their
43 effective date. Any modifications to such national standards, deemed
44 necessary by the board, must be justified in writing.
45 5. The board shall develop an enforcement program which will ensure
46 compliance with the regulations and requirements promulgated by the
47 commissioner pursuant to this article. Such enforcement program shall
48 include the development of policies for:
49 (a) Identifying property locations that are subject to the enforcement
50 program;
51 (b) Issuing notifications to violating property owners and operators,
52 random on-site inspections, and tests on existing installations;
53 (c) Observing inspections and testing in order to ensure satisfactory
54 performance by licensed elevator mechanics, inspectors, and contractors;
55 and
56 (d) Assisting in development of public awareness programs.
S. 6291 13
1 6. The board shall assist the commissioner in granting exceptions and
2 variances from the literal requirements of the applicable code and stan-
3 dards, regulations, and local legislation, in cases where such variances
4 would not jeopardize the public safety and welfare. The board shall hear
5 all appeals and variances.
6 7. The board shall assist the commissioner in setting fee schedules
7 for licenses, permits, and inspections. The fees shall reflect the actu-
8 al costs and expenses to conduct the duties as described in this arti-
9 cle.
10 8. The board shall assist the commissioner in any and all things
11 necessary or convenient to the commissioner's duty to carry out the
12 purpose of this article and exercise the powers given and granted in
13 this title.
14 § 2. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law, provided, however, that effective immediate-
16 ly, the addition, amendment and/or repeal of any rules or regulations
17 necessary for the implementation of this act on its effective date, and
18 the appointment of the board, are authorized and directed to be estab-
19 lished, made and completed on or before such effective date.
