A10720 Summary:
| BILL NO | A10720 |
| SAME AS | SAME AS S08126 |
| SPONSOR | Wright |
| COSPNSR | |
| MLTSPNSR | |
| Amd §§954, 955 & 957, Lab L (as proposed in S.1945-B and A.1787-C) | |
| Makes technical amendments to a chapter of the laws of 2016 requiring the licensing of persons engaged in the design, construction, operation, inspection, maintenance, alteration and repair of elevators and other automatic people moving devices. | |
A10720 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 10720 IN ASSEMBLY June 13, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Wright) -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to the licensing of persons engaged in the design, construction, inspection, maintenance, alter- ation, and repair of elevators The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 954 of the labor law, as added by a chapter of the 2 laws of 2016 amending the labor law and the state finance law relating 3 to requiring the licensing of persons engaged in the design, 4 construction, inspection, maintenance, alteration, and repair of eleva- 5 tors and other automated moving people devices, as proposed in legisla- 6 tive bills numbers S.1945-B and A.1787-C, is amended by adding a new 7 subdivision 4 to read as follows: 8 4. Restricted License. A restricted class of lift mechanic license 9 shall be known as "Accessibility Technician". Such class of license 10 shall be restricted to performing work involving platform lifts and 11 stairway chairlifts including those installed in private residences 12 which are covered by the provisions of ASME A18.1-2005. An applicant for 13 such restricted license shall complete an application approved by the 14 board and shall have at least three years verified work experience in 15 constructing, maintaining and repairing those lifts covered by ASME 16 A18.1-2005 and shall provide to the commissioner a certificate of 17 completion of an accessibility training program for lifts under the 18 scope of A18.1-2005 such as the Certified Accessibility Training (CAT), 19 or an equivalent program as deemed by the department. 20 § 2. Section 955 of the labor law, as added by a chapter of the laws 21 of 2016 amending the labor law and the state finance law relating to 22 requiring the licensing of persons engaged in the design, construction, 23 inspection, maintenance, alteration, and repair of elevators and other 24 automated moving people devices, as proposed in legislative bills 25 numbers S.1945-B and A.1787-C, is amended to read as follows: 26 § 955. Qualifications, training and continuing education. 1. No 27 license shall be granted to any person who has not paid the required EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15870-01-6A. 10720 2 1 application fee and demonstrated his or her qualifications and abili- 2 ties. Applicants for a mechanic's license must demonstrate one of the 3 following qualifications: (a) an acceptable combination of documented 4 experience and education credits consisting of (i) not less than four 5 years work experience in the construction, maintenance and service 6 repair of elevators, as verified by current and previous employers and 7 (ii) satisfactory completion of a written examination, administered or 8 accepted by the commissioner, on the most recent national, state, and 9 local conveyances codes and standards; or 10 (b) acceptable proof that he or she has worked on elevator 11 construction, maintenance or repair with direct and immediate super- 12 vision in this state for a period of not less than four years immediate- 13 ly prior to the effective date of this article, provided that such 14 applicant shall file such application within one year of [the effective15date of this article] release and access to the licensing application 16 as defined in this article; or 17 (c) a certificate of successful completion and successfully passing 18 the mechanic examination of a nationally recognized training program for 19 the elevator industry including, but not limited to, the national eleva- 20 tor industry educational program or its equivalent; or 21 (d) certificate of successful completion of the joint apprentice and 22 training committee of the elevator industry of local 3, IBEW, EE divi- 23 sion training program or an apprenticeship program for elevator mechan- 24 ics, having standards substantially equal to those of this chapter, and 25 registered with the bureau of apprenticeship and training, U.S. depart- 26 ment of labor or a state apprenticeship council; or 27 (e) Industry educational program, The National Association of Elevator 28 Contractors (NAEC) Certified Elevator Technician (CET), or their equiv- 29 alent. 30 (f) The commissioner shall upon application and without examination, 31 issue a license to any person over the age of eighteen years who has 32 been duly licensed by any other state of the United States to engage in 33 the business of construction, operation, inspection, maintenance, alter- 34 ation and repair of elevators as verified by current and previous 35 employers, upon compliance with standards and requirements not lower, in 36 the judgement of the commissioner than those of this state, provided, 37 however, that such state extends the same reciprocity to the licensees 38 of this state. Such application shall be accompanied by the required 39 license fee. 40 2. Applicants for an elevator contractor's license must demonstrate to 41 the commissioner that such elevator contractor employs licensed elevator 42 mechanics who perform the work described in section nine hundred fifty- 43 one of this article and have proof of compliance with the insurance 44 requirements set forth in paragraph (d) of subdivision one of section 45 nine hundred fifty-four of this article. 46 3. Any applicants for an elevator inspector's license must demonstrate 47 to the satisfaction of the commissioner that such applicant meets or 48 exceeds applicable [national] standards such as Qualified Elevator 49 Inspector (QEI) or its equivalent. Private elevator inspectors shall 50 maintain the same insurance requirements as an elevator contractor. 51 4. (a) The renewal of all licenses granted under the provisions of 52 this subdivision shall be conditioned upon the submission of a certif- 53 icate of completion of a course designed to ensure the continuing educa- 54 tion of licensees on new and existing national, state, and local convey- 55 ances codes and standards, technology, technical education and workplace 56 safety. Such course shall consist of not less than eight contact hoursA. 10720 3 1 [of instruction that shall be attended] (.8 CEU) annually and completed 2 preceding any such license renewal. The commissioner shall establish 3 requirements for continuing education and training programs, and shall 4 approve such programs, as well as maintain a list of approved programs 5 which shall be made available to license applicants, permit applicants, 6 renewal applicants and other interested parties upon request. The 7 commissioner shall promulgate rules and regulations setting forth the 8 criteria for approval of such programs, the procedures to be followed in 9 applying for such approval, and other rules and regulations as the 10 commissioner deems necessary and proper to effectuate the purposes of 11 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 the15cost of such certificates be assessed by the sponsor of such training16program against the participants]. 17 5. The renewal of all licenses granted under the provisions of this 18 section shall be conditioned upon the submission of a certificate of 19 completion of a course designed to ensure the continuing education of 20 licensees on new and existing regulations of the department. Such course 21 shall consist of not less than eight contact hours (.8 CEU) of instruc- 22 tion that shall be attended and completed annually prior to any such 23 license renewal. 24 The courses shall be taught [by instructors] through continuing educa- 25 tion providers that may include, but shall not be limited to, associ- 26 ation seminars, and labor training programs or programs that deliver 27 approved apprenticeship and are registered with the department or the 28 New York State Apprenticeship Training Council. The commissioner shall 29 approve the continuing education providers. All instructors shall be 30 exempt from the requirements of the preceding paragraph with regard to 31 their application for license renewal provided that such applicant was 32 qualified as an instructor at any time during the one year immediately 33 preceding the scheduled date for such renewal. 34 Approved training providers shall keep uniform records, for a period 35 of six years, of attendance of licensees following a format approved by 36 the commissioner and such records shall be available for inspection by 37 the commissioner at his or her request. Approved training providers 38 shall be responsible for the security of all attendance records and 39 certificates of completion; provided, however, that falsifying or know- 40 ingly allowing another to falsify such attendance records or certif- 41 icates of completion shall constitute grounds for suspension or revoca- 42 tion of the approval required under this section. 43 § 3. Subdivision 1 of section 957 of the labor law, as added by a 44 chapter of the laws the 2016 amending the labor law and the state 45 finance law relating to requiring the licensing of persons engaged in 46 the design, construction, inspection, maintenance, alteration, and 47 repair of elevators and other automated moving people devices, as 48 proposed in legislative bills numbers S.1945-B and A.1787-C, is amended 49 to read as follows: 50 1. An elevator safety and standards board is hereby created, to 51 consist of nine members. The governor, the temporary president of the 52 senate, and the speaker of the assembly shall each appoint three 53 members. The governor's appointees shall be comprised of a represen- 54 tative of a major elevator manufacturing company, [a member of the55general public] an elevator inspector and a building owner, manager or 56 representative; the temporary president of the senate's appointees shallA. 10720 4 1 be comprised of an elevator servicing company, an elevator architectural 2 designer or consultant, and an [elevator inspector] individual of an 3 elevator industry association; the speaker of the assembly's appointees 4 shall be comprised of an elevator contractor employee labor union, an 5 elevator mechanic, and a fire marshal. The commissioners of health, 6 labor, education, and economic development or their designees shall be 7 ex-officio members. The board shall meet on an as needed basis to advise 8 the commissioner on the implementation of this article. The board shall 9 elect a chairperson to serve for the term of their appointment to the 10 board. The board shall prepare an annual report for the governor and 11 the legislature, copies of which shall be sent to the commissioners of 12 health, education, economic development, and labor. 13 § 4. This act shall take effect on the same date and the same manner 14 as a chapter of the laws of 2016 amending the labor law and the state 15 finance law relating to requiring the licensing of persons engaged in 16 the design, construction, inspection, maintenance, alteration, and 17 repair of elevators and other automated moving people devices, as 18 proposed in legislative bills numbers S.1945-B and A.1787-C, takes 19 effect.