Bill Text: NY A04509 | 2019-2020 | General Assembly | Amended


Bill Title: Requires the licensing of persons engaged in the design, construction, operation, inspection, maintenance, alteration and repair of elevators and other automated people moving devices and creates the New York state elevator safety and standards board and the elevator and related conveyances safety program account, in cities with a population of less than one million (Part A); relates to the licensing of approved elevator agency directors, inspectors, and technicians performing elevator work in the city of New York (Part B).

Spectrum: Moderate Partisan Bill (Democrat 50-7)

Status: (Introduced) 2019-06-20 - substituted by s4080c [A04509 Detail]

Download: New_York-2019-A04509-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4509--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced by M. of A. CRESPO, OTIS, DE LA ROSA, BUTTENSCHON, RODRIGUEZ,
          WALLACE,  D'URSO,  PICHARDO,  REYES,  ARROYO,  BRONSON, PHEFFER AMATO,
          ROZIC, SIMOTAS, GRIFFIN, COOK,  COLTON,  ABBATE,  MAGNARELLI,  JOYNER,
          BARNWELL,  SOLAGES,  ORTIZ,  ABINANTI, STECK, SEAWRIGHT, M. G. MILLER,
          MOSLEY, MORINELLO, BENEDETTO, SIMON, STIRPE, RYAN, WOERNER,  JACOBSON,
          NIOU,  ROMEO,  TAYLOR,  JAFFEE,  DICKENS,  LAVINE,  AUBRY, McDONALD --
          Multi-Sponsored by -- M. of A. DenDEKKER, DINOWITZ, ENGLEBRIGHT, PRET-
          LOW, RAMOS -- read once and referred to  the  Committee  on  Labor  --
          reported   and  referred  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the labor law and the state finance law, in relation  to
          requiring   the   licensing   of   persons   engaged  in  the  design,
          construction,  inspection,  maintenance,  alteration,  and  repair  of
          elevators  and  other automated people moving devices (Part A); and to
          amend the administrative code of the city of New York, in relation  to
          the  licensing  of approved elevator agency directors, inspectors, and
          technicians performing elevator work in the city of New York;  and  to
          repeal the definition of private elevator inspection agency in section
          28-401.3 of the administrative code of the city of New York (Part B)

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act enacts into law legislation providing for elevator
     2  safety. Each component is wholly contained within a Part  identified  as
     3  Parts  A  through  B.  The  effective date for each particular provision
     4  contained within such Part is set forth in  the  last  section  of  such
     5  Part.  Any  provision  in any section contained within a Part, including
     6  the effective date of the Part, which makes reference to a  section  "of
     7  this act", when used in connection with that particular component, shall
     8  be  deemed to mean and refer to the corresponding section of the Part in
     9  which it is found. Section four of  this  act  sets  forth  the  general
    10  effective date of this act.
    11    §  2.  Legislative  findings  and  declaration. The legislature hereby
    12  finds that the use of unsafe and defective elevators and other automated

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05563-11-9

        A. 4509--A                          2

     1  people moving conveyances may expose the public to unsafe conditions and
     2  increase the risk of injury. The legislature finds that improper design,
     3  construction, maintenance and repair of such conveyances is  preventable
     4  by  requiring  proper  training  of  persons employed to perform work on
     5  elevators and other automated people moving conveyances and by requiring
     6  the licensing  of  contractors  and  the  certification  of  individuals
     7  involved  in  elevator  and  other  automated  people moving conveyances
     8  projects.
     9    Nothing in this act is intended to create,  expand,  diminish,  limit,
    10  impair,  or supersede any rights under current law, rule, or regulation,
    11  or resulting from a determination of  a  court  or  the  national  labor
    12  relations  board  with  regard  to  building trades and the work of such
    13  building trade. Nor is it intended to  abrogate  any  rights  or  duties
    14  under  any  contract with regard to building trades and the work of such
    15  building trade.

    16                                   PART A

    17    Section 1. The labor law is amended by adding a new article 33 to read
    18  as follows:
    19                                 ARTICLE 33
    20                 ELEVATORS AND OTHER CONVEYANCES; LICENSING
    21  Section 950. Application.
    22          951. Definitions.
    23          952. Licensing, permit,  registration  and  compliance  require-
    24                 ments.
    25          953. License and permit procedure.
    26          954. Qualifications, training and continuing education.
    27          955. Powers of the commissioner.
    28          956. New York state elevator safety and standards board.
    29          957. Exempt persons.
    30    §  950.  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 non-residential stairway
    36  chair lifts;
    37    (b)  power  driven stairways and walkways for carrying persons between
    38  landings.  This equipment includes, but is not  limited  to,  escalators
    39  and moving walks;
    40    (c) hoisting and lowering mechanisms equipped with a car, which serves
    41  two  or  more  landings and is restricted to the carrying of material by
    42  its limited size or limited access to the car. This equipment  includes,
    43  but is not limited to, dumbwaiters, material lifts, and dumbwaiters with
    44  automatic  transfer devices as defined in section nine hundred fifty-one
    45  of this article; and
    46    (d) automatic guided transit vehicles on guideways with  an  exclusive
    47  right  of  way.   This equipments includes, but is not limited to, auto-
    48  mated people movers.
    49    2. The following equipment is not covered by this article:
    50    (a) personnel and material hoists;
    51    (b) manlifts;
    52    (c) mobile scaffolds, towers, and platforms;
    53    (d) powered platforms and equipment for exterior and interior  mainte-
    54  nance;

        A. 4509--A                          3

     1    (e) conveyor and related equipment;
     2    (f) cranes, derricks, hoists, hooks, jacks and slings;
     3    (g) industrial trucks;
     4    (h) portable  equipment, except for portable escalators;
     5    (i)  tiering  and  piling  machines used to move materials to and from
     6  storage located and operating entirely within one story;
     7    (j) equipment for feeding or positioning materials including, but  not
     8  limited to, machine tools and printing presses;
     9    (k) skip or furnace hoists;
    10    (l) wharf ramps;
    11    (m) railroad car lifts or dumpers;
    12    (n) stairway chairlifts for private residences;
    13    (o)  line  jacks,  false  cars, shafters, moving platforms and similar
    14  equipment used for installing an elevator by a  contractor  licensed  in
    15  this state;
    16    (p) operation of inside cars (elevators); and
    17    (q) operation of an elevator that has received a temporary certificate
    18  of occupancy.
    19    3.  The  licensing,  permitting  and  certification provisions of this
    20  article shall not apply to the owners or lessees of  private  residences
    21  who  design,  erect, construct, install, alter, repair, service or main-
    22  tain conveyances that are located or will be located in  such  owner  or
    23  lessee's  private residence. However, any person hired to design, erect,
    24  construct, install, alter, repair, service,  maintain,  or  perform  any
    25  other  work  related to such conveyances must comply with the provisions
    26  of this article.
    27    4. No license shall be required for  the  removal  or  dismantling  of
    28  conveyances.
    29    5. The provisions of this article and the rules adopted pursuant ther-
    30  eto  shall  be  the  minimum  standard  required and shall supersede any
    31  special law or local ordinance  inconsistent  therewith,  and  no  local
    32  ordinance  inconsistent  therewith  shall be adopted, but nothing herein
    33  contained shall prevent the enactment by local law or ordinance of addi-
    34  tional requirements and restrictions.
    35    6. The provisions of this article shall not apply to cities  having  a
    36  population of one million or more.
    37    § 951. Definitions. As used in this article, the following terms shall
    38  have the following definitions:
    39    1.  "Automated  people  mover"  means a guided transit mode with fully
    40  automated operation, featuring vehicles that operate on  guideways  with
    41  exclusive right-of-way.
    42    2.  "Board"  means  the  New  York state elevator safety and standards
    43  board established by section nine hundred fifty-six of this article.
    44    3. "Certificate of operation" means a document issued by  the  commis-
    45  sioner  that  indicates  that the elevator or related conveyance has had
    46  the required safety inspection and tests and that the fees  required  by
    47  this article have been paid.
    48    4. "Temporary certificate of operation" means a document issued by the
    49  commissioner which permits the temporary use of a non-compliant elevator
    50  or  related  conveyance by the general public for a limited time, not to
    51  exceed thirty days, while minor repairs are being completed.
    52    5. "Conveyance" means  any  elevator,  dumbwaiter,  escalator,  moving
    53  sidewalk,  platform lifts, non-residential stairway chairlifts and auto-
    54  mated people movers.
    55    6. "Dormant elevator, dumbwaiter, or escalator" means an  installation
    56  placed  out  of  service  under the following circumstances: (a) when an

        A. 4509--A                          4

     1  installation's power has been disconnected  and  (i)  when  an  electric
     2  elevator,  dumbwaiter, or material lift whose suspension ropes have been
     3  removed, whose car and counterweight rest at the bottom of the hoistway,
     4  and  whose  hoistway doors have been permanently barricaded or sealed in
     5  the closed position on the hoistway side; or (ii) a hydraulic  elevator,
     6  dumbwaiter, or material lift whose car rests at the bottom of the hoist-
     7  way  and  whose  doors are permanently barricaded or sealed; or (iii) an
     8  escalator or moving walk whose entrances have been permanently barricad-
     9  ed; or (b) as determined by state or local law,  code,  rule,  or  regu-
    10  lations.
    11    7. "Elevator" means a hoisting and lowering mechanism, equipped with a
    12  car, that moves within guides and serves two or more landings.
    13    8. "Elevator contractor" means, a public corporation, or instrumental-
    14  ity  of  a public corporation, self-employed person, company, unincorpo-
    15  rated association, firm, partnership, limited liability company,  corpo-
    16  ration,  or  any  other  entity,  or any owner or operator of any of the
    17  foregoing entities, who possesses an elevator  contractor's  license  in
    18  accordance  with  the  provisions of sections nine hundred fifty-two and
    19  nine hundred fifty-three of this article and is engaged in the  business
    20  of  designing,  erecting, constructing, installing, altering, repairing,
    21  servicing or maintaining elevators  or  other  automated  people  moving
    22  conveyances covered by this article.
    23    9.  "Elevator  helper/apprentice/assistant  mechanic" means any person
    24  who works under the general direction of a licensed elevator mechanic.
    25    10. "Elevator inspector" means any person who  possesses  an  elevator
    26  inspector's license in accordance with the provisions of this article.
    27    11.  "Elevator  mechanic"  means  any person who possesses an elevator
    28  mechanic's license in accordance with the provisions of this article.
    29    12. "Escalator" means power-driven, inclined, continuous stairway used
    30  for raising or lowering passengers.
    31    13. "Existing  installation"  means  an  installation  that  has  been
    32  completed  or  is under construction prior to the effective date of this
    33  article.
    34    14. "License" means a license duly issued by the commissioner, author-
    35  izing the  design,  erection,  construction,  installation,  alteration,
    36  repair,  service,  maintenance,  or  inspection  of  elevators  or other
    37  conveyances covered by this article.
    38    15. "Elevator contractor's license" means a license which entitles the
    39  holder thereof  to  engage  in  the  business  of  designing,  erecting,
    40  constructing,  installing, altering, repairing, servicing or maintaining
    41  conveyances covered by this article.
    42    16. "Elevator inspector's license" means a license which entitles  the
    43  holder  thereof  to  engage  in  the  business  of inspecting or testing
    44  conveyances covered by this article.
    45    17. "Elevator mechanic's license" means a license which  entitles  the
    46  holder  thereof  to  install,  construct,  alter, service, repair, test,
    47  maintain, and perform work on  conveyances  or  other  automated  people
    48  movers covered by this article.
    49    18.  "Moving  walk/sidewalk" means a type of passenger-carrying device
    50  on which passengers stand or walk, and in which  the  passenger-carrying
    51  surface  remains  parallel  to  its  direction of motion and is uninter-
    52  rupted.
    53    19. "Permit" means a document issued by the commissioner prior to  the
    54  commencement   of   work  that  permits  a  conveyance  to  be  erected,
    55  constructed, installed, or altered under plans approved by  the  commis-
    56  sioner pursuant to this article.

        A. 4509--A                          5

     1    20. "Person" means any natural person.
     2    21. "Private residence" means a separate dwelling or a separate apart-
     3  ment  in  a  multiple dwelling, which is occupied by members of a single
     4  family unit.
     5    22. "Repair" means reconditioning or  renewal  of  parts,  components,
     6  and/or  subsystems necessary to keep equipment in compliance with appli-
     7  cable code requirements.
     8    23. "Alteration" means any change to equipment, including  its  parts,
     9  components,  and/or  subsystems,  other  than  maintenance,  repair,  or
    10  replacement, but shall not include the professional  services  of  engi-
    11  neering  or  architecture as defined in sections seventy-two hundred one
    12  and seventy-three hundred one of the education law.
    13    24. "Design" means the act or process of planning the  repair,  alter-
    14  ation  or  construction  of  any  conveyance,  but shall not include the
    15  professional services of  engineering  or  architecture  as  defined  in
    16  sections  seventy-two  hundred  one and seventy-three hundred one of the
    17  education law.
    18    25. "Construction" means  the  act  or  process  of  constructing  any
    19  conveyance.
    20    26.  "Inspection"  means a critical examination, observation or evalu-
    21  ation of quality and code compliance of any conveyance.
    22    27. "Testing" means a process or trial of operation of any conveyance.
    23    28. "Maintenance" means a process of routine examination, lubrication,
    24  cleaning, and adjustment of parts, components, and/or subsystems for the
    25  purpose of ensuring performance in accordance with any  applicable  code
    26  requirements.
    27    29.  "Service  or servicing" means a service call or other unscheduled
    28  visit, not including routine maintenance or a repair,  from  a  licensed
    29  elevator  mechanic to troubleshoot, adjust or repair an improperly func-
    30  tioning or an otherwise shut down conveyance.
    31    30. "Temporarily dormant elevator, dumbwaiter, or escalator" means  an
    32  installation  temporarily  placed  out  of  service  under the following
    33  circumstances: (a) (i) when such installation's power  supply  has  been
    34  disconnected;  and  (ii)  the car is parked and any doors are closed and
    35  latched; and (iii) a wire seal is installed on the  mainline  disconnect
    36  switch  by  a licensed elevator inspector; or (b) as determined by state
    37  or local law, code, rule, or regulation.
    38    31. "Erect" means to vertically construct or connect any conveyance or
    39  part or system thereof.
    40    32. "Personnel and material hoists"  means  rack  and  pinion  hoists,
    41  alimaks  and  machines  of  a  similar  nature  used for the hoisting of
    42  construction material,  equipment  and  personnel,  or  the  removal  of
    43  debris,  all during the construction, renovation and/or demolition phase
    44  of any construction project whether an inside or outside hoist.
    45    33. "Installation" means to place or fix any  conveyance  or  part  or
    46  system thereof, in position for operation.
    47    Temporarily dormant installations shall not be used until such instal-
    48  lation  has  been  restored  to a safe running order and is in condition
    49  suitable for use in accordance with all applicable  laws,  codes,  rules
    50  and  regulations. Such temporarily dormant installation shall be subject
    51  to continued inspections for the duration of the  "temporarily  dormant"
    52  status  by  a  licensed  elevator inspector. Such inspector shall file a
    53  report with the commissioner describing the conditions of such temporar-
    54  ily dormant installation. The report shall be filed annually or more  or
    55  less  frequent  as determined by the commissioner. "Temporarily dormant"

        A. 4509--A                          6

     1  status shall be renewable on an annual basis, but  shall  not  exceed  a
     2  five-year period.
     3    No person shall remove the wire seal and padlock for any purpose with-
     4  out the express permission of the elevator inspector.
     5    § 952. Licensing, permit, registration and compliance requirements. 1.
     6  Except  as  otherwise  provided  for  in  subdivisions three and four of
     7  section nine hundred fifty of this article, it shall be a  violation  of
     8  this  article  for  any elevator contractor to design, erect, construct,
     9  install, alter, replace, service, or maintain, any conveyance  contained
    10  within  buildings  or  structures  in  this  state  unless such elevator
    11  contractor holds an elevator contractor's license.
    12    2. Except as otherwise provided for in subdivisions three and four  of
    13  section  nine  hundred fifty of this article, it shall be a violation of
    14  this article for any person to wire any conveyance,  from  the  mainline
    15  feeder terminals on the controller, in this state unless such person has
    16  an  elevator  mechanic's  license and is working under the direct super-
    17  vision of a licensed elevator contractor pursuant to  this  article.  No
    18  other  license  shall be required for this work, excluding the installa-
    19  tion of branch circuits and wiring terminations for machine room and pit
    20  lighting, receptacles and HVAC as described in the NFPA  National  Elec-
    21  tric  Code  620.23  and  620.24  as  well as fire and heat detectors and
    22  alarms, may be performed by a licensed electrical contractor.
    23    3. Except as otherwise provided for in subdivision  three  of  section
    24  nine  hundred  fifty  of  this  article, it shall be a violation of this
    25  article for any person to inspect or test any conveyance  within  build-
    26  ings  or  structures  unless  such  person holds an elevator inspector's
    27  license.
    28    4. Except as otherwise provided for in subdivisions three and four  of
    29  section  nine  hundred fifty of this article, it shall be a violation of
    30  this article for any elevator contractor to erect,  construct,  install,
    31  or  alter  conveyances  within buildings or structures within this state
    32  unless a permit therefor has been issued by the commissioner before work
    33  is commenced. No permit shall be issued except to  a  person  holding  a
    34  valid elevator contractor's license. A copy of such permit shall be kept
    35  at  the construction site at all times while the work is in progress. An
    36  application for a permit under this section with the commissioner  shall
    37  not  be  required  if an authority having jurisdiction ("AHJ") posts all
    38  permits issued to elevator contractors on  the  AHJ's  official  website
    39  within  forty-eight hours of their issuance. The information required to
    40  be published must include, at a minimum, the date of issuance, the  work
    41  covered  by  the permit, the elevator contractor or contractors involved
    42  and location and type of work to be performed.
    43    5. Except as otherwise provided in subdivision three of  section  nine
    44  hundred fifty of this article, all new conveyance installations shall be
    45  performed by an elevator contractor licensed to install such conveyance.
    46  Subsequent to installation, the elevator contractor must certify compli-
    47  ance to the commissioner with the applicable sections of this article as
    48  well  as  any  other applicable law, rule, regulation or code.  Prior to
    49  such conveyances being used, the property owner or lessee must obtain  a
    50  certificate  of  operation from the commissioner. A fee, as set forth in
    51  this article, shall be paid for such certificate of operation,  however,
    52  no  such fee shall be required for conveyances in private residences. It
    53  is the responsibility of the licensed elevator  contractor  to  complete
    54  and submit registrations for new installations.  A certificate of opera-
    55  tion  shall  be  valid  for one year, except for certificates issued for
    56  platform lifts for private residences, which shall be valid for a period

        A. 4509--A                          7

     1  of three years. Certificates of operation must be clearly and  conspicu-
     2  ously  displayed  on,  in or around each conveyance and be accessible to
     3  the state or locality inspecting or enforcing any applicable law,  rule,
     4  regulation  or code. An application for a certificate of operation under
     5  this section with the commissioner shall not be required if an authority
     6  having jurisdiction ("AHJ") posts all certificates of  operation  issued
     7  to  a  building  owner  on the AHJ's official website within forty-eight
     8  hours of their issuance. The information required to be  published  must
     9  include,  at  a  minimum,  the date of issuance, the unit subject to the
    10  certificate of operation, the name and address of  the  building  owner,
    11  and the address of the unit.
    12    6.  Except  as otherwise provided in subdivision three of section nine
    13  hundred fifty of this article, the certificate of  operation  for  newly
    14  installed  platform  lifts  for  private residences shall be issued only
    15  subsequent to an inspection by a licensed third party  inspection  firm.
    16  The certificate of operation fee for all new and existing platform lifts
    17  for  private  residences  and  any  renewal  certificate fees are hereby
    18  waived. The inspection of private residence platform lifts shall be done
    19  at the request and consent of the private residence's owner or lessees.
    20    7. It shall be the responsibility of  licensees  to  ensure  that  the
    21  installation,  service  or  maintenance  of  conveyances is performed in
    22  compliance with existing state and local building and maintenance codes.
    23    § 953. License and permit procedure.  All  applications  for  elevator
    24  contractor's, elevator mechanic's, and elevator inspector's licenses and
    25  required  permits  shall  be  submitted  to the department in writing on
    26  forms furnished by the commissioner and shall  contain  the  information
    27  set forth in this section as well as any additional information that the
    28  commissioner  may  require.  The  commissioner  shall  also set fees for
    29  licensing and permitting under this section.
    30    1. Applications for licenses. Every application for  a  license  under
    31  this article shall include the following:
    32    (a) the name, residence address and business address of the applicant;
    33    (b)  the  number of years the applicant has engaged in the business or
    34  practice of designing, constructing, erecting,  installing,  inspecting,
    35  testing,  repairing,  altering,  maintaining,  or  servicing conveyances
    36  covered by this article;
    37    (c) the approximate number of persons, if any, to be employed  by  the
    38  applicant for an elevator contractor's license;
    39    (d)  evidence  that  the  applicant  is  or will be covered by general
    40  liability, personal injury and property damage insurance; and
    41    (e) any other information which the commissioner may require.
    42    Upon approval of an application for a license the  commissioner  shall
    43  issue such license which shall be valid for two years. The fees for such
    44  license and renewal thereof shall be set by the commissioner. Any denial
    45  for such application shall set forth the reasons therefor.
    46    2.  Application for permits. Every application for a permit under this
    47  article shall include plans and specifications stamped and signed  by  a
    48  professional  engineer  and/or an architect licensed pursuant to article
    49  one hundred forty-five and/or article one  hundred  forty-seven  of  the
    50  education  law.  Every application for a permit under this article shall
    51  include the following:
    52    (a) copies of the  specifications  and  accurately  scaled  and  fully
    53  dimensioned  plans  showing the location of the installation in relation
    54  to the plans and elevation of the building;
    55    (b) the location of  the  machinery  room  and  the  equipment  to  be
    56  installed, relocated or altered;

        A. 4509--A                          8

     1    (c) all structural supporting members thereof, including foundations;
     2    (d)  a  list  of  all  materials  to  be  employed and all loads to be
     3  supported and conveyed;
     4    (e) any other information that the commissioner may require to  ensure
     5  that  such plans and specifications are sufficiently complete and illus-
     6  trate all details of construction and design;
     7    (f) any required permitting fees, which are  subject  to  return  upon
     8  denial of a permit application; and
     9    (g)  the  department  shall  maintain  and  publish  a registry of all
    10  licensed elevator mechanics, contractors  and  inspectors,  which  shall
    11  list  and  identify,  all  licensed elevator mechanics, contractors, and
    12  inspectors doing business in this state.  The department shall make  the
    13  registry available on its website.
    14    Upon  approval  of  an application for a permit the commissioner shall
    15  issue such permit. Such permit shall state the time by  which  the  work
    16  shall  commence and also when such permit expires. If after the work has
    17  been started, work is suspended or abandoned for a period of sixty days,
    18  or such shorter period of time as the commissioner may  specify  at  the
    19  time  the permit is issued, the permit shall expire.  Upon expiration of
    20  a permit for which work has not been  completed,  the  commissioner  may
    21  extend such permit.
    22    3.  Licensing  and permitting exemptions. Whenever an emergency exists
    23  in this state due to a disaster  or  act  of  God,  which  imperils  the
    24  health,  safety  or  welfare of an individual or individuals and placing
    25  such individual or individuals in imminent danger of injury or death and
    26  the number of persons in the state holding licenses granted by the board
    27  is insufficient to cope with such emergency, any person certified  by  a
    28  licensed  elevator contractor to have an acceptable combination of docu-
    29  mented experience and education to perform elevator work without  direct
    30  and  immediate  supervision  shall seek an emergency elevator mechanic's
    31  license from the commissioner within five business days after commencing
    32  work requiring a license.  The commissioner shall issue emergency eleva-
    33  tor mechanic's licenses  to  address  the  emergency  that  exists.  The
    34  licensed  elevator  contractor  shall furnish proof of competency as the
    35  commissioner may require. Each such license  shall  recite  that  it  is
    36  valid  for  a  period of fifteen days from the date thereof and for such
    37  particular elevators or  geographical  areas  as  the  commissioner  may
    38  designate to address the emergency situation and otherwise shall entitle
    39  the  licensee  to  the  rights  and privileges of an elevator mechanic's
    40  license issued in this article.  The commissioner shall renew  an  emer-
    41  gency  elevator  mechanic's license during the existence of an emergency
    42  as needed. No fee shall be charged for any emergency elevator mechanic's
    43  license or renewal thereof.
    44    4. Restricted license. A restricted class  of  lift  mechanic  license
    45  shall  be  known  as  "accessibility  technician". Such class of license
    46  shall be restricted to performing work involving platform lifts  includ-
    47  ing  those  installed  in  private  residences  which are covered by the
    48  provisions of ASME (American society of mechanical engineer)  codes  and
    49  standards  A18.1-2005.  An  applicant  for such restricted license shall
    50  complete an application approved by the board and shall  have  at  least
    51  three  years  verified  work experience in constructing, maintaining and
    52  repairing those lifts covered by ASME A18.1-2005 and  shall  provide  to
    53  the  commissioner a certificate of completion of an accessibility train-
    54  ing program for lifts under the scope of A18.1-2005 such as  the  certi-
    55  fied  accessibility  training  provided  by  the national association of

        A. 4509--A                          9

     1  elevator contractors, or an equivalent program as deemed by the  depart-
     2  ment.
     3    §  954.  Qualifications,  training  and  continuing  education.  1. No
     4  license shall be granted to any person who has  not  paid  the  required
     5  application  fee  and  demonstrated his or her qualifications and abili-
     6  ties. Applicants for a mechanic's license must demonstrate  one  of  the
     7  following qualifications:
     8    (a)   acceptable   proof  that  he  or  she  has  worked  on  elevator
     9  construction, maintenance or repair with  direct  and  immediate  super-
    10  vision in this state for a period of not less than four years immediate-
    11  ly  prior  to  the  effective  date  of this article, provided that such
    12  applicant shall file such application within one  year  of  release  and
    13  access to the licensing application as defined in this article; or
    14    (b) a certificate of successful completion of the joint apprentice and
    15  training  committee  of the elevator industry of local 3, IBEW, EE divi-
    16  sion training program or an apprenticeship program for elevator  mechan-
    17  ics,  having standards substantially equal to those of this chapter, and
    18  registered with the bureau of apprenticeship and training, U.S.  depart-
    19  ment of labor or a state apprenticeship council; or
    20    (c) industry educational program, The National Association of Elevator
    21  Contractors  (NAEC) Certified Elevator Technician (CET), or their equiv-
    22  alent; or
    23    (d) The commissioner shall upon application and  without  examination,
    24  issue  a  license  to  any person over the age of eighteen years who has
    25  been duly  licensed by any other state of the United States to engage in
    26  the business of construction, inspection,  maintenance,  alteration  and
    27  repair  of elevators as verified by current and previous employers, upon
    28  compliance with standards and requirements not lower, in  the  judgement
    29  of  the  commissioner  than those of this state, provided, however, that
    30  such state extends the same reciprocity to the licensees of this  state.
    31  Such application shall be accompanied by the required license fee.
    32    2. Applicants for an elevator contractor's license must demonstrate to
    33  the commissioner that such elevator contractor employs licensed elevator
    34  mechanics  who  perform the work described in section nine hundred fifty
    35  of this article and have proof of compliance with the insurance require-
    36  ments set forth in paragraph (d) of  subdivision  one  of  section  nine
    37  hundred fifty-three of this article.
    38    3.  Applicants for an elevator inspector's license must demonstrate to
    39  the satisfaction of  the  commissioner  that  such  applicant  meets  or
    40  exceeds  applicable  standards  such  as  a Qualified Elevator Inspector
    41  (QEI) or its equivalent. Private elevator inspectors shall maintain  the
    42  same insurance requirements as an elevator contractor.
    43    4.  (a)  The  renewal  of all licenses granted under the provisions of
    44  this subdivision shall be conditioned upon the submission of  a  certif-
    45  icate of completion of a course designed to ensure the continuing educa-
    46  tion of licensees on new and existing national, state, and local convey-
    47  ances  codes and standards and on technology and technical education and
    48  workplace safety. Such course shall  consist  of  not  less  than  eight
    49  contact hours (.8 CEU) annually and completed preceding any such license
    50  renewal.  The  commissioner  shall establish requirements for continuing
    51  education and training programs, and shall  approve  such  programs,  as
    52  well  as maintain a list of approved programs which shall be made avail-
    53  able to license applicants, permit applicants,  renewal  applicants  and
    54  other interested parties upon request. The commissioner shall promulgate
    55  rules  and  regulations  setting forth the criteria for approval of such
    56  programs, the procedures to be followed in applying for  such  approval,

        A. 4509--A                         10

     1  and  other rules and regulations as the commissioner deems necessary and
     2  proper to effectuate the purposes of this section.
     3    (b)  The  commissioner  shall  assess  a fee for each training program
     4  completion  certificate  and  for  each   refresher   training   program
     5  completion  certificate  provided,  however,  that in no event shall the
     6  cost of such certificates be assessed by the sponsor  of  such  training
     7  program against the participants.
     8    5.  The  renewal  of all licenses granted under the provisions of this
     9  section shall be conditioned upon the submission  of  a  certificate  of
    10  completion  of  a  course designed to ensure the continuing education of
    11  licensees on new and existing regulations of the department. Such course
    12  shall consist of not less than eight contact hours (.8 CEU) of  instruc-
    13  tion  that  shall  be  attended and completed annually prior to any such
    14  license renewal.
    15    The courses shall be taught  through  continuing  education  providers
    16  that may include, but shall not be limited to, association seminars, and
    17  labor training programs or programs that deliver an approved apprentice-
    18  ship  and  are  registered  with  the  department  or the New York state
    19  apprenticeship training council.  The  commissioner  shall  approve  the
    20  continuing education providers. All instructors shall be exempt from the
    21  requirements of the preceding paragraph with regard to their application
    22  for  license  renewal  provided  that such applicant was qualified as an
    23  instructor at any time during the one  year  immediately  preceding  the
    24  scheduled date for such renewal.
    25    Approved  training  providers shall keep uniform records, for a period
    26  of six years, of attendance of licensees following a format approved  by
    27  the  commissioner  and such records shall be available for inspection by
    28  the commissioner at his or her request.    Approved  training  providers
    29  shall  be  responsible  for  the  security of all attendance records and
    30  certificates of completion; provided, however, that falsifying or  know-
    31  ingly  allowing  another  to  falsify such attendance records or certif-
    32  icates of completion shall constitute grounds for suspension or  revoca-
    33  tion of the approval required under this section.
    34    § 955. Powers of the commissioner.  1. The commissioner shall have the
    35  authority  to  inspect,  or  cause to be inspected, ongoing or completed
    36  conveyances projects and to conduct an investigation  thereof  upon  the
    37  commissioner's  own  initiation  or  upon  receipt of a complaint by any
    38  person or entity. However, nothing in this subdivision shall permit  the
    39  commissioner to enter a private residence.
    40    2.  If, upon receipt of a complaint alleging a violation of this arti-
    41  cle, the commissioner reasonably believes that such violation exists, he
    42  or she shall investigate as soon as practicable  to  determine  if  such
    43  violation  exists.  If  the commissioner determines that no violation or
    44  danger exists, the commissioner shall inform the complaining  person  or
    45  entity.
    46    3.  If,  upon  investigation,  the  commissioner  determines  that the
    47  alleged violation exists, the commissioner may deliver to such owner  or
    48  elevator  contractor  or  his  or  her agent or representative a written
    49  order to cure such violation and may order that their permit to work  on
    50  such  installation,  repair  or  maintenance  project shall be suspended
    51  until such violation is cured. Such order shall  specifically  enumerate
    52  the  violations which constitute the basis of the order to cure or order
    53  of suspension and shall specify the corrective action to be  taken.  The
    54  commissioner may allow the permit to toll during the time of such order.
    55    4.  Upon  receipt of a written notice from the elevator contractor, or
    56  his or her  agent  or  representative,  that  such  violation  has  been

        A. 4509--A                         11

     1  corrected,  the  commissioner  shall,  within ten days, issue a determi-
     2  nation as to whether such order to cure  has  been  satisfied  and  such
     3  order of suspension, if any, shall be lifted. If the commissioner deter-
     4  mines  that  the  order  to  cure  has  not been satisfied he or she may
     5  continue such order for a reasonable period of time upon the consent  of
     6  the  contractor,  or  his or her agent or representative. If the commis-
     7  sioner does not continue the order, or if the contractor, or his or  her
     8  agent  or  representative  does  not  consent  to such continuation, the
     9  contractor shall have the right to a hearing to determine if such  order
    10  shall  be lifted. Any entity or contractor who may be adversely affected
    11  by a notice, suspension, or determination issued under this section  may
    12  commence  a  proceeding  pursuant  to article seventy-eight of the civil
    13  practice law and rules.
    14    5. The commissioner may, after a notice and hearing, suspend or revoke
    15  a license issued under this  article  based  on  any  of  the  following
    16  violations:
    17    (a) any false statement as to a material matter in the application;
    18    (b) fraud, or misrepresentation, in securing a license;
    19    (c)  failure  to  notify the commissioner and the owner or lessee of a
    20  conveyance of any condition not in compliance with this article;
    21    (d) a violation of section nine hundred fifty-two of this article; or
    22    (e) a finding by the commissioner that a contractor has violated  this
    23  article  or any rule or regulation promulgated thereunder twice within a
    24  period of three years, or that a contractor has violated a provision  of
    25  this  article  and  such  violation  resulted in a serious threat to the
    26  health or safety of an individual or individuals. The commissioner  may,
    27  in  addition  to ordering that such contractor's license be revoked, bar
    28  such individual from being eligible to reapply for such  license  for  a
    29  period not to exceed two years.
    30    6.  The  commissioner  may,  after notice and hearing, revoke a permit
    31  issued under this article based on any of the following violations:
    32    (a) any false statements or misrepresentation as to a material fact in
    33  the application, plans, or specifications on which the permit was based;
    34    (b) any application which by omission or mistake fails to comply  with
    35  the requirements of this article;
    36    (c)  any  failure to perform work in accordance with the provisions of
    37  the application, plans or specifications or  with  the  requirements  of
    38  this article or conditions of the permit;
    39    (d)  a  failure by the owner or elevator contractor to whom the permit
    40  was issued to comply with an order issued pursuant to  subdivision  four
    41  of this section; or
    42    (e) a finding by the commissioner that an individual or contractor who
    43  has  been  issued a permit has violated any provision under section nine
    44  hundred fifty-two of this article.
    45    7. (a) Except as provided in paragraph (b) of this subdivision, if the
    46  commissioner finds, after notice and hearing,  that  an  individual  has
    47  violated  any  provision  of  this article, he or she may impose a civil
    48  penalty not to exceed one thousand dollars for each such violation. Upon
    49  a second or subsequent violation within three years of the determination
    50  of a prior violation, the commissioner may impose a civil penalty not to
    51  exceed two thousand dollars.
    52    (b) The penalty provided for in paragraph (a) of this subdivision  may
    53  be  increased  to  an  amount not to exceed five thousand dollars if the
    54  violation resulted in a serious threat to the health  or  safety  of  an
    55  individual or individuals.

        A. 4509--A                         12

     1    8.  Any entity or contractor who may be adversely affected by an order
     2  issued under this section may commence a proceeding pursuant to  article
     3  seventy-eight of the civil practice law and rules.
     4    9. The commissioner may bring an action in a court of competent juris-
     5  diction to enjoin any conduct that violates the provisions of this arti-
     6  cle.
     7    10. The commissioner may promulgate rules and regulations necessary to
     8  carry out and effectuate the provisions of this article.
     9    §  956.  New  York  state  elevator  safety and standards board. 1. An
    10  elevator safety and standards board is hereby  created,  to  consist  of
    11  nine  members.  The governor, the temporary president of the senate, and
    12  the speaker of the assembly shall each appoint three members. The gover-
    13  nor's appointees shall be comprised  of  a  representative  of  a  major
    14  elevator  manufacturing  company,  an  elevator inspector and a building
    15  owner,  manager  or  representative;  the  temporary  president  of  the
    16  senate's appointees shall be comprised of an elevator servicing company,
    17  an elevator architectural designer or consultant, and an individual from
    18  an elevator industry association; the speaker of the assembly's appoint-
    19  ees  shall  be comprised of an elevator contractor employee labor union,
    20  an elevator mechanic, and a fire marshal. The commissioners  of  health,
    21  labor,  education,  and economic development or their designees shall be
    22  ex-officio members. The board shall meet on an as needed basis to advise
    23  the commissioner on the implementation of this article. The board  shall
    24  elect  a  chairperson  to serve for the term of their appointment to the
    25  board.  The board shall prepare an annual report for  the  governor  and
    26  the  legislature,  copies of which shall be sent to the commissioners of
    27  health, education, economic development, and labor.
    28    2. The first member appointed by the governor, the temporary president
    29  of the senate, and the speaker of the assembly shall have a term of  one
    30  year; the second member appointed by each shall have a term of two years
    31  and the remaining members shall have a term of three years. Each of such
    32  appointed  members  shall hold office for the term for which such member
    33  was appointed and until his or her successor shall have  been  appointed
    34  or  until  he  or she shall resign.  The term of office of all successor
    35  members shall be three years. The members shall serve without salary  or
    36  compensation, but shall be reimbursed for necessary expenses incurred in
    37  the performance of their duties.
    38    3.  The  board  may consult with engineering authorities and organiza-
    39  tions concerned  with  standard  safety  codes,  rules  and  regulations
    40  governing  the maintenance, servicing, construction, alteration, instal-
    41  lation, and inspection of conveyances and the adequate, reasonable,  and
    42  necessary qualifications of elevator mechanics, contractors, and inspec-
    43  tors.
    44    4. The duties of the board are as follows:
    45    (a)  assist  the  commissioner  and the department in establishing the
    46  state regulations for equipment covered by this article;
    47    (b) develop recommendations for  an  enforcement  program  which  will
    48  ensure  compliance  with the regulations and requirements promulgated by
    49  the commissioner pursuant to this article;
    50    (c) assist the commissioner in granting exceptions and variances  from
    51  the  literal  requirements  of  the applicable code and standards, regu-
    52  lations, and local legislation, in cases where such variances would  not
    53  jeopardize the public safety and welfare;
    54    (d)  assist  the  commissioner  in setting fee schedules for licenses,
    55  permits, and inspections. The fees shall reflect the  actual  costs  and
    56  expenses to conduct the duties as described in this article; and

        A. 4509--A                         13

     1    (e) assist the commissioner in any and all things necessary or conven-
     2  ient  to the commissioner's duty to carry out the purposes of this arti-
     3  cle.
     4    § 957. Exempt persons. This article shall not be construed to apply to
     5  the  practice,  conduct, activities, or services by a person licensed to
     6  practice architecture within this state pursuant to article one  hundred
     7  forty-seven of the education law or engineering within this state pursu-
     8  ant to article one hundred forty-five of the education law.
     9    §  2. The state finance law is amended by adding a new section 97-ssss
    10  to read as follows:
    11    § 97-ssss. Elevator and related conveyances  safety  program  account.
    12  1.  There  is hereby established in the custody of the state comptroller
    13  the elevator and related conveyances safety program account.
    14    2. Such fund  shall  consist  of  moneys  collected  pursuant  to  the
    15  provisions of article thirty-three of the labor law.
    16    3.  Moneys of the fund shall be available to the commissioner of labor
    17  for purposes of offsetting the costs incurred  by  the  commissioner  of
    18  labor  for  the administration of article thirty-three of the labor law,
    19  including the administration of elevator and related conveyances  safety
    20  programs,  the  administration of licenses and permits, and the adminis-
    21  tration of certificates of operation as set forth in such article  thir-
    22  ty-three.
    23    4.  The  moneys shall be paid out of the fund on the audit and warrant
    24  of the comptroller on vouchers certified or approved by the commissioner
    25  or his or her designee.
    26    5. Notwithstanding the provisions of any general or  special  law,  no
    27  moneys  shall  be  available  from the fund until a certificate of allo-
    28  cation and a schedule of amounts to be  available  therefor  shall  have
    29  been  issued  by  the director of the budget, and a copy of such certif-
    30  icate filed with the comptroller. Such certificate may be  amended  from
    31  time  to  time  by  the  director  of the budget and a copy of each such
    32  amendment shall be filed with the comptroller.
    33    § 3. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law, provided, however, that effective immediate-
    35  ly, the addition, amendment and/or repeal of any  rules  or  regulations
    36  necessary  for the implementation of this act on its effective date, and
    37  the appointment of the New York  state  elevator  safety  and  standards
    38  board, are authorized and directed to be established, made and completed
    39  on or before such effective date.

    40                                   PART B

    41    Section  1.  The  undesignated  paragraph  subtitled "private elevator
    42  inspection agency" of section 28-401.3 of the administrative code of the
    43  city of New York is REPEALED and three new undesignated  paragraphs  are
    44  added  following the undesignated paragraph subtitled "direct employ" to
    45  read as follows:
    46    ELEVATOR AGENCY. An approved agency authorized by the commissioner  to
    47  perform  elevator work and to inspect and test elevators, escalators and
    48  other conveying equipment regulated by this code.
    49    ELEVATOR AGENCY HELPER. An individual having  required  qualifications
    50  to  perform  elevator work, as defined in this chapter, under the direct
    51  and continuing supervision of an elevator agency director,  and  in  the
    52  presence of a licensed elevator agency technician.
    53    ELEVATOR   WORK.   Alteration,  assembly,  installation,  maintenance,
    54  repair, replacement and modernization work, as defined by ASME A17.1  as

        A. 4509--A                         14

     1  modified  by appendix K of the New York city building code, performed on
     2  conveyances regulated by this code or other applicable  laws  or  rules.
     3  Elevator  work  does  not include material hoists, platform lifts, stair
     4  chair lifts, or personnel hoists.
     5    §  2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
     6  tive code of the city of New York, as added by section 91 of part  A  of
     7  local  law  number  141  of  the city of New York for the year 2013, are
     8  amended to read as follows:
     9                                 ARTICLE 421
    10           [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
    11    § 28-421.1 [Private  elevator  inspection]  Elevator  agency  director
    12  license  required.    [Only private elevator inspection agencies may] It
    13  shall be unlawful to perform elevator work as defined by this chapter or
    14  perform and/or witness inspections and tests  or  enter  into  contracts
    15  pursuant to article 304 of chapter 3 of this code unless licensed pursu-
    16  ant  to  this  article.  Each [such] elevator agency shall designate one
    17  director in responsible charge who shall be licensed  pursuant  to  this
    18  article.  The  designated director in responsible charge shall be in the
    19  direct employ of the agency and shall supervise all  the  operations  of
    20  the  agency. All elevator work shall be performed by individuals who are
    21  under the direct and  continuing  supervision  of  the  elevator  agency
    22  director  as  defined  in section 28-401.3 of this chapter. All elevator
    23  work performed by such agency pursuant to article 304 of  chapter  3  of
    24  this  code  shall  be  performed  by  or under the direct and continuing
    25  supervision of the designated director in responsible charge.
    26    § 28-421.1.1 Additional  directors.  In  addition  to  the  designated
    27  director in responsible charge, the agency may have other individuals in
    28  its  employ  who  may  be  issued [private] elevator [inspection] agency
    29  director licenses pursuant to this article. [Notwithstanding  any  other
    30  provision of this chapter, such individuals may only perform inspections
    31  or  other  work  pursuant to article 304 of chapter 3 of this code under
    32  the direct and continuing supervision  of  the  designated  director  in
    33  responsible charge.]
    34    §  28-421.2 Qualifications. All applicants for [a private] an elevator
    35  [inspection] agency director license  shall  submit  satisfactory  proof
    36  establishing that the applicant has satisfactorily completed, within two
    37  years prior to the date of application, a course that is at least thirty
    38  hours  in  length  and approved by the United States department of labor
    39  and the occupational safety and health administration in general  indus-
    40  try training; and also satisfies one of the following:
    41    1.  Has  at least ten years of practical experience in the supervision
    42  of the assembly, installation, maintenance, repair, design or inspection
    43  of elevators within the fifteen years prior to application; or
    44    2. Is an engineer or architect and has at least five years  experience
    45  in  the  supervision of the assembly, installation, maintenance, repair,
    46  review and approval of design documents or inspection of elevators with-
    47  in the seven years prior to application.
    48    § 28-421.3 [Director restriction] Restriction.  Each [private]  eleva-
    49  tor  [inspection]  agency  director shall supervise and perform elevator
    50  work or inspections and tests pursuant to article 304 of  chapter  3  of
    51  this code for only one [private] elevator [inspection] agency, and shall
    52  not  inspect  and/or  test elevators or perform elevator work on related
    53  devices as an inspector [or], director or elevator agency helper for any
    54  other [private] elevator [inspection] agency.

        A. 4509--A                         15

     1    § 28-421.4  Place  of  business.  Every  licensed  [private]  elevator
     2  [inspection]  agency  shall  have a place of business within the city in
     3  conformance with department rules and regulations.
     4                                 ARTICLE 422
     5          [PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE
     6    §  28-422.1  [Private  elevator  inspection  agency]  Elevator  agency
     7  inspector license required.  [Individuals who] It shall be  unlawful  to
     8  witness and/or perform inspections and tests on behalf of [a private] an
     9  elevator  [inspection]  agency  pursuant  to article 304 of chapter 3 of
    10  this code [shall be] unless licensed pursuant to this article.  Licensed
    11  inspectors shall perform such  work  under  the  direct  and  continuing
    12  supervision  of  a  designated  director  in responsible charge licensed
    13  pursuant to article 421 of this chapter.
    14    § 28-422.2 Qualifications. [Applicants] All applicants for [a private]
    15  an elevator agency inspector license  shall  submit  satisfactory  proof
    16  establishing that the applicant has satisfactorily completed, within two
    17  years  prior  to  the date of application, a course that is at least ten
    18  hours in length and approved by the United States  department  of  labor
    19  and  the occupational safety and health administration in general indus-
    20  try standards; and also satisfies the following:
    21    1. Has at least seven years of practical experience in the  [assembly,
    22  installation,  repair,  design,  or]  inspection  of elevators, or as an
    23  elevator mechanic within the ten years prior to application.
    24    § 28-422.3 [Inspector restriction] Restriction. Each [private]  eleva-
    25  tor [inspection] agency inspector shall perform work pursuant to article
    26  304  of  chapter  3  of  this  code  for  only  one  [private]  elevator
    27  [inspection] agency, and shall not witness  and/or  perform  inspections
    28  and/or  test elevators or related devices as an inspector, technician or
    29  director for any other [private] elevator [inspection] agency.
    30    § 3. Chapter 4 of title 28 of the administrative code of the  city  of
    31  New  York  is  amended  by adding three new articles 425, 426 and 427 to
    32  read as follows:
    33                                 ARTICLE 425
    34                     ELEVATOR AGENCY TECHNICIAN LICENSE
    35    § 28-425.1 Elevator agency technician license required.  It  shall  be
    36  unlawful  to  perform  elevator  work as defined in this chapter, unless
    37  that work is performed by or under the direction of an  elevator  agency
    38  technician  and  under  the  supervision  of a designated director of an
    39  elevator agency licensed pursuant to article 421 of this chapter.
    40    § 28-425.2 Restricted elevator agency technician license. A restricted
    41  class of lift mechanic license shall be known as "accessibility  techni-
    42  cian".  Such  class  of  license  shall be restricted to performing work
    43  involving platform lifts including those installed in private residences
    44  which are covered by the provisions of ASME (American society of mechan-
    45  ical engineers) codes and standards A18.1-2005. An  applicant  for  such
    46  restricted  license  shall complete an application approved by the board
    47  and shall  have  at  least  three  years  verified  work  experience  in
    48  constructing,  maintaining  and  repairing  those  lifts covered by ASME
    49  A18.1-2005 and shall  provide  to  the  commissioner  a  certificate  of
    50  completion  of  an  accessibility  training  program for lifts under the
    51  scope  of  A18.1-2005  such  as  the  certified  accessibility  training
    52  provided  by  the  national  association  of elevator contractors, or an
    53  equivalent program as deemed by the department.
    54    § 28-425.3 Qualifications. All applicants for an elevator agency tech-
    55  nician's license shall submit satisfactory proof establishing  that  the
    56  applicant  has  satisfactorily  completed, within two years prior to the

        A. 4509--A                         16

     1  date of application, a course that is at least ten hours in  length  and
     2  approved  by  the United States department of labor and the occupational
     3  safety and health administration in general industry training; and  also
     4  satisfies one of the following qualifications:
     5    1.   Acceptable   proof   that  he  or  she  has  worked  on  elevator
     6  construction, maintenance or repair with  direct  and  immediate  super-
     7  vision in this state for a period of not less than four years immediate-
     8  ly  prior  to  the  effective  date  of this article, provided that such
     9  applicant shall file such application within one  year  of  release  and
    10  access to the licensing application as defined in this article; or
    11    2.  Successful completion of a training program of at least four years
    12  for elevator maintenance, installation or repair,  registered  with  the
    13  bureau of apprenticeship and training, United States department of labor
    14  or a New York state apprenticeship council, including but not limited to
    15  the national elevator industry elevator educational program; or
    16    3. A certificate of successful completion and successfully passing the
    17  mechanic examination of a nationally recognized training program for the
    18  elevator  industry  including, but not limited to, the national elevator
    19  industry educational program or its equivalent; or
    20    4. A certificate of successful completion of the joint apprentice  and
    21  training  committee  of the elevator industry of local 3, IBEW, EE divi-
    22  sion training program or an apprenticeship program for elevator  mechan-
    23  ics,  having standards substantially equal to those of this chapter, and
    24  registered with the bureau of apprenticeship and training, U.S.  depart-
    25  ment of labor or a state apprenticeship council.
    26    No licensing fees shall be charged to any individual who holds  a  New
    27  York state elevator mechanics license and seeks a New York city elevator
    28  technicians license.

    29                                 ARTICLE 426
    30                           ELEVATOR AGENCY HELPER
    31    § 28-426.1 Qualifications.  The  agency may, by rule, establish quali-
    32  fications for elevator agency helpers.

    33                                 ARTICLE 427
    34                                   PERMITS

    35    § 28-427.1 Applications and permits. All  applications/permits  issued
    36  to  elevator  contractors  shall  appear  on the department of buildings
    37  website within forty-eight hours of issuance. The  information  required
    38  to  be  published  must include, at a minimum, the date of issuance, the
    39  work covered by the  permit,  the  elevator  contractor  or  contractors
    40  involved  and  location and type of work to be performed. The department
    41  shall maintain and publish a registry of all  licensed  elevator  agency
    42  helpers, technicians, and inspectors, which shall list and identify, all
    43  licensed  elevator  agency  helpers,  technicians, and inspectors, doing
    44  business in the city of New York. The department shall make the registry
    45  available on its website.
    46    § 28-427.2 Licensing and permitting exemptions. Whenever an  emergency
    47  exists in this state due to a disaster or act of god, which imperils the
    48  health,  safety  or  welfare of an individual or individuals and placing
    49  such individual or individuals in imminent danger of injury or death and
    50  the number of persons in the state holding licenses granted by the board
    51  is insufficient to cope with such emergency, any person certified  by  a
    52  licensed  elevator contractor to have an acceptable combination of docu-
    53  mented experience and education to perform elevator work without  direct

        A. 4509--A                         17

     1  and  immediate  supervision  shall seek an emergency elevator mechanic's
     2  license from the commissioner within five business days after commencing
     3  work requiring a license. The commissioner shall issue emergency  eleva-
     4  tor  mechanic's  licenses  to  address  the  emergency  that exists. The
     5  licensed elevator contractor shall furnish proof of  competency  as  the
     6  commissioner  may  require.  Each  such  license shall recite that it is
     7  valid for a period of fifteen days from the date thereof  and  for  such
     8  particular  elevators  or  geographical  areas  as  the commissioner may
     9  designate to address the  emergency  and  otherwise  shall  entitle  the
    10  licensee  to the rights and privileges of an elevator mechanic's license
    11  issued in this article. The commissioner shall renew an emergency eleva-
    12  tor mechanic's license during the existence of an emergency  as  needed.
    13  No fee shall be charged for any emergency elevator mechanic's license or
    14  renewal thereof.
    15    § 28-427.3 License  renewal. The renewal of all licenses granted under
    16  the provisions of this section shall be conditioned upon the  submission
    17  of  a  certificate  of  completion  of  a  course designed to ensure the
    18  continuing education of licensees on new and existing  national,  state,
    19  and  local conveyances codes and standards and on technology and techni-
    20  cal education and workplace safety. Such course  shall  consist  of  not
    21  less  than eight hours annually and completed preceding any such license
    22  renewal. The commissioner shall establish  requirements  for  continuing
    23  education  and  training  programs,  and shall approve such programs, as
    24  well as maintain a list of approved programs, which shall be made avail-
    25  able to license applicants, permit applicants,  renewal  applicants  and
    26  other interested parties upon request. The commissioner shall promulgate
    27  rules  and  regulations  setting forth the criteria for approval of such
    28  programs, the procedures to be followed in applying for  such  approval,
    29  and  other rules and regulations as the commissioner deems necessary and
    30  proper to effectuate the purposes of this section.
    31    The renewal of all licenses  granted  under  the  provisions  of  this
    32  section  shall  be  conditioned  upon the submission of a certificate of
    33  completion of a course designed to ensure the  continuing  education  of
    34  licensees on new and existing regulations of the department. Such course
    35  shall  consist of not less than eight hours of instruction that shall be
    36  attended and completed annually prior to any such license renewal.
    37    The courses shall be taught  through  continuing  education  providers
    38  that may include, but shall not be limited to, association seminars, and
    39  labor training programs or programs that deliver an approved apprentice-
    40  ship  and  are  registered  with  the  department  or the New York state
    41  apprenticeship training council.  The  commissioner  shall  approve  the
    42  continuing education providers.
    43    § 28-427.4 Renewal  fees. The commissioner shall assess a fee for each
    44  training program completion certificate and for each refresher  training
    45  program  completion  certificate,  provided,  however,  that in no event
    46  shall the cost of such certificates be assessed by the sponsor  of  such
    47  training program against the participants.
    48    § 28-427.5 Recordkeeping.  All  instructors  shall  be exempt from the
    49  requirements of the preceding section with regard to  their  application
    50  for  license  renewal  provided  that such applicant was qualified as an
    51  instructor at any time during the one  year  immediately  preceding  the
    52  scheduled  date for such renewal. Approved training providers shall keep
    53  uniform records, for a period of six years, of attendance  of  licensees
    54  following  a  format approved by the commissioner and such records shall
    55  be available for inspection by the commissioner at his or  her  request.
    56  Approved training providers shall be responsible for the security of all

        A. 4509--A                         18

     1  attendance  records  and  certificates of completion; provided, however,
     2  that falsifying or knowingly allowing another to falsify such attendance
     3  records or certificates  of  completion  shall  constitute  grounds  for
     4  suspension or revocation of the approval required under this section.
     5    § 28-427.6 Equivalency.  The  commissioner  shall  accept  an elevator
     6  mechanic's license issued to any person over the age of  eighteen  years
     7  by  the state of New York as equivalent to an elevator agency technician
     8  license in cities with populations of one million more,  as  defined  in
     9  this  article,  without  examination,  application or fee, provided that
    10  they register annually with the agency.
    11    § 4. Section 28-304.6.1 of the administrative code of the city of  New
    12  York, as amended by section 61 of part A of local law number 141 for the
    13  year 2013, is amended to read as follows:
    14    §  28-304.6.1  Inspection  and testing entities. The required periodic
    15  inspections in Table N1 shall be made by the department. The other tests
    16  and inspections in Table N1 shall be performed on behalf of the owner by
    17  an approved agency in accordance with this code  and  department  rules.
    18  Where indicated in Table N1, tests and inspections shall be witnessed by
    19  an  approved  agency not affiliated with the agency performing the test,
    20  and not affiliated with the agency performing the elevator  work.    Not
    21  affiliated,  as  used  in  this  section, shall mean the approved agency
    22  owners, directors and inspectors shall be independent  of  all  relative
    23  approved  agencies,  maintenance  firms  or other entities providing any
    24  associated  services  to  the  device  owner.  Such  other   tests   and
    25  inspections shall comply with the timeframes established as follows:
    26    1. Category 1 inspections and tests shall be performed between January
    27  1st  and  December  31st  of each year at a minimal time interval of six
    28  months from the date of the previous  Category  1  testing.  Category  1
    29  tests  are  required  on  new  installations the calendar year following
    30  final acceptance test.
    31    2. Category 3 inspections and tests  for  water  hydraulics  shall  be
    32  performed  every  three  years on or before the anniversary month of the
    33  last Category 3 testing.
    34    3. Category 5 inspections and tests  shall  be  performed  every  five
    35  years on or before the month of the final acceptance test for new eleva-
    36  tors or the anniversary month of the last Category 5 testing.
    37    § 5. This act shall take effect three years after it shall have become
    38  a  law.   Effective immediately, any rules and regulations necessary for
    39  the timely implementation of this act on its  effective  date  shall  be
    40  promulgated on or before such date.
    41    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    42  sion,  section  or  part  of  this act shall be adjudged by any court of
    43  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    44  impair,  or  invalidate  the remainder thereof, but shall be confined in
    45  its operation to the clause, sentence, paragraph,  subdivision,  section
    46  or part thereof directly involved in the controversy in which such judg-
    47  ment shall have been rendered. It is hereby declared to be the intent of
    48  the  legislature  that  this  act  would  have been enacted even if such
    49  invalid provisions had not been included herein.
    50    § 4. This act shall take effect immediately  provided,  however,  that
    51  the  applicable effective date of Parts A through B of this act shall be
    52  as specifically set forth in the last section of such Parts.
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