Bill Text: NY A05815 | 2017-2018 | 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 automatic people moving devices and creates the New York state elevator safety and standards board and the elevator and related conveyances safety program account.
Spectrum: Moderate Partisan Bill (Democrat 70-16)
Status: (Engrossed - Dead) 2018-03-20 - REFERRED TO LABOR [A05815 Detail]
Download: New_York-2017-A05815-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5815--B 2017-2018 Regular Sessions IN ASSEMBLY February 15, 2017 ___________ Introduced by M. of A. TITUS, SEAWRIGHT, WEPRIN, BICHOTTE, ORTIZ, TITONE, FAHY, O'DONNELL, BENEDETTO, MOSLEY, SKOUFIS, GALEF, THIELE, ABINANTI, HYNDMAN, BLAKE, STECK, HARRIS, PICHARDO, GJONAJ, ZEBROWSKI, PEOPLES-STOKES, JEAN-PIERRE, GUNTHER, RAIA, LUPINACCI, FINCH, PALUMBO, McDONOUGH, MONTESANO, GOTTFRIED, JAFFEE, SANTABARBARA, MALLIOTAKIS, SIMOTAS, BRONSON, JOYNER, HIKIND, QUART, CRESPO, COLTON, SIMANOWITZ, BARNWELL, WALKER, MURRAY, CUSICK, OTIS, RYAN, AUBRY, RICHARDSON, ROSENTHAL, MAGEE, NIOU, DILAN, SEPULVEDA, WALTER, BRAUNSTEIN, MAYER, PHEFFER AMATO, ARROYO -- Multi-Sponsored by -- M. of A. BUCHWALD, COOK, CROUCH, CURRAN, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FARRELL, GIGLIO, GLICK, GOODELL, GRAF, HAWLEY, HEVESI, HOOPER, LUPARDO, MAGNAR- ELLI, McDONALD, RA, RAMOS, RODRIGUEZ, SIMON -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the labor law and the state finance law, in relation to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new article 33 to read 2 as follows: 3 ARTICLE 33 4 ELEVATORS AND OTHER CONVEYANCES; LICENSING 5 Section 950. Legislative findings and declaration. 6 951. Application. 7 952. Definitions. 8 953. Licensing, permit, registration and compliance require- 9 ments. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01705-07-7A. 5815--B 2 1 954. License and permit procedure. 2 955. Qualifications, training and continuing education. 3 956. Powers of the commissioner. 4 957. New York state elevator safety and standards board. 5 958. Exempt persons. 6 § 950. Legislative findings and declaration. The legislature hereby 7 finds that the use of unsafe and defective elevators and other automated 8 people moving conveyances may expose the public to unsafe conditions and 9 increase the risk of injury. The legislature finds that improper design, 10 construction, maintenance and repair of such conveyances is preventable 11 by requiring proper training of persons employed to perform work on 12 elevators and other automated people moving conveyances and by requiring 13 the licensing of contractors and the certification of individuals 14 involved in elevator and other automated people moving conveyances 15 projects. 16 Nothing in this article is intended to create, expand, diminish, 17 limit, impair, or supersede any rights under current law, rule, or regu- 18 lation, or resulting from a determination of a court or the national 19 labor relations board with regard to building trades and the work of 20 such building trade. Nor is it intended to abrogate any rights or duties 21 under any contract with regard to building trades and the work of such 22 building trade. 23 § 951. Application. 1. The design, construction, erection, installa- 24 tion, inspection, testing, maintenance, alteration, service, and repair 25 of the following equipment are covered by this article: 26 (a) hoisting and lowering mechanisms equipped with a car or platform 27 which moves between two or more landings. This equipment includes, but 28 is not limited to elevators, platform lifts and stairway chair lifts; 29 (b) power driven stairways and walkways for carrying persons between 30 landings. This equipment includes, but is not limited to, escalators 31 and moving walks; 32 (c) hoisting and lowering mechanisms equipped with a car, which serves 33 two or more landings and is restricted to the carrying of material by 34 its limited size or limited access to the car. This equipment includes, 35 but is not limited to, dumbwaiters, material lifts, and dumbwaiters with 36 automatic transfer devices as defined in section nine hundred fifty-two 37 of this article; and 38 (d) automatic guided transit vehicles on guideways with an exclusive 39 right of way. This equipments includes, but is not limited to, auto- 40 mated people movers. 41 2. The following equipment is not covered by this article: 42 (a) material hoists; 43 (b) manlifts; 44 (c) mobile scaffolds, towers, and platforms; 45 (d) powered platforms and equipment for exterior and interior mainte- 46 nance; 47 (e) conveyor and related equipment; 48 (f) cranes, derricks, hoists, hooks, jacks and slings; 49 (g) industrial trucks; 50 (h) portable equipment, except for portable escalators; 51 (i) tiering and piling machines used to move materials to and from 52 storage located and operating entirely within one story; 53 (j) equipment for feeding or positioning materials including, but not 54 limited to, machine tools and printing presses; 55 (k) skip or furnace hoists; 56 (l) wharf ramps;A. 5815--B 3 1 (m) railroad car lifts or dumpers; 2 (n) line jacks, false cars, shafters, moving platforms and similar 3 equipment used for installing an elevator by a contractor licensed in 4 this state. 5 3. The licensing, permitting and certification provisions of this 6 article shall not apply to the owners or lessees of private residences 7 who design, erect, construct, install, alter, repair, service or main- 8 tain conveyances that are located or will be located in such owner or 9 lessee's private residence. However, any person hired to design, erect, 10 construct, install, alter, repair, service, maintain, or perform any 11 other work related to such conveyances must comply with the provisions 12 of this article. 13 4. No license shall be required for the removal or dismantling of 14 conveyances. 15 5. The provisions of this article and the rules adopted pursuant ther- 16 eto shall be the minimum standard required and shall supersede any 17 special law or local ordinance inconsistent therewith, and no local 18 ordinance inconsistent therewith shall be adopted, but nothing herein 19 contained shall prevent the enactment by local law or ordinance of addi- 20 tional requirements and restrictions. 21 § 952. Definitions. As used in this article, the following terms shall 22 have the following definitions: 23 1. "Automated people mover" means a guided transit mode with fully 24 automated operation, featuring vehicles that operate on guideways with 25 exclusive right-of-way. 26 2. "Board" means the New York state elevator safety and standards 27 board established by section nine hundred fifty-seven of this article. 28 3. "Certificate of operation" means a document issued by the commis- 29 sioner that indicates that the elevator or related conveyance has had 30 the required safety inspection and tests and that the fees required by 31 this article have been paid. 32 4. "Temporary certificate of operation" means a document issued by the 33 commissioner which permits the temporary use of a non-compliant elevator 34 or related conveyance by the general public for a limited time, not to 35 exceed thirty days, while minor repairs are being completed. 36 5. "Conveyance" means any elevator, dumbwaiter, escalator, moving 37 sidewalk, platform lifts, stairway chairlifts and automated people 38 movers. 39 6. "Dormant elevator, dumbwaiter, or escalator" means an installation 40 placed out of service under the following circumstances: (a) when an 41 installation's power has been disconnected and (i) when an electric 42 elevator, dumbwaiter, or material lift whose suspension ropes have been 43 removed, whose car and counterweight rest at the bottom of the hoistway, 44 and whose hoistway doors have been permanently barricaded or sealed in 45 the closed position on the hoistway side; or (ii) a hydraulic elevator, 46 dumbwaiter, or material lift whose car rests at the bottom of the hoist- 47 way and whose doors are permanently barricaded or sealed; or (iii) an 48 escalator or moving walk whose entrances have been permanently barricad- 49 ed; or (b) as determined by state or local law, code, rule, or regu- 50 lations. 51 7. "Elevator" means a hoisting and lowering mechanism, equipped with a 52 car, that moves within guides and serves two or more landings. 53 8. "Elevator contractor" means, a public corporation, or instrumental- 54 ity of a public corporation, self-employed person, company, unincorpo- 55 rated association, firm, partnership, limited liability company, corpo- 56 ration, or any other entity, or any owner or operator of any of theA. 5815--B 4 1 foregoing entities, who possesses an elevator contractor's license in 2 accordance with the provisions of sections nine hundred fifty-three and 3 nine hundred fifty-four of this article and is engaged in the business 4 of designing, erecting, constructing, installing, altering, repairing, 5 servicing or maintaining elevators or other automated people moving 6 conveyances covered by this article. 7 9. "Elevator helper/apprentice/assistant mechanic" means any person 8 who works under the general direction of a licensed elevator mechanic. 9 10. "Elevator inspector" means any person who possesses an elevator 10 inspector's license in accordance with the provisions of this article. 11 11. "Elevator mechanic" means any person who possesses an elevator 12 mechanic's license in accordance with the provisions of this article. 13 12. "Escalator" means power-driven, inclined, continuous stairway used 14 for raising or lowering passengers. 15 13. "Existing installation" means an installation that has been 16 completed or is under construction prior to the effective date of this 17 article. 18 14. "License" means a license duly issued by the commissioner, author- 19 izing the design, erection, construction, installation, alteration, 20 repair, service, maintenance, or inspection of elevators or other 21 conveyances covered by this article. 22 15. "Elevator contractor's license" means a license which entitles the 23 holder thereof to engage in the business of designing, erecting, 24 constructing, installing, altering, repairing, servicing or maintaining 25 conveyances covered by this article. 26 16. "Elevator inspector's license" means a license which entitles the 27 holder thereof to engage in the business of inspecting or testing 28 conveyances covered by this article. 29 17. "Elevator mechanic's license" means a license which entitles the 30 holder thereof to install, construct, alter, service, repair, test, 31 maintain, and perform work on conveyances or other automated people 32 movers covered by this article. 33 18. "Moving walk/sidewalk" means a type of passenger-carrying device 34 on which passengers stand or walk, and in which the passenger-carrying 35 surface remains parallel to its direction of motion and is uninter- 36 rupted. 37 19. "Permit" means a document issued by the commissioner prior to the 38 commencement of work that permits a conveyance to be erected, 39 constructed, installed, or altered under plans approved by the commis- 40 sioner pursuant to this article. 41 20. "Person" means any natural person. 42 21. "Private residence" means a separate dwelling or a separate apart- 43 ment in a multiple dwelling, which is occupied by members of a single 44 family unit. 45 22. "Repair" means reconditioning or renewal of parts, components, 46 and/or subsystems necessary to keep equipment in compliance with appli- 47 cable code requirements. 48 23. "Alteration" means any change to equipment, including its parts, 49 components, and/or subsystems, other than maintenance, repair, or 50 replacement, but shall not include the professional services of engi- 51 neering or architecture as defined in sections seventy-two hundred one 52 and seventy-three hundred one of the education law. 53 24. "Design" means the act or process of planning the repair, alter- 54 ation or construction of any conveyance, but shall not include the 55 professional services of engineering or architecture as defined inA. 5815--B 5 1 sections seventy-two hundred one and seventy-three hundred one of the 2 education law. 3 25. "Construction" means the act or process of constructing any 4 conveyance. 5 26. "Inspection" means a critical examination, observation or evalu- 6 ation of quality and code compliance of any conveyance. 7 27. "Testing" means a process or trial of operation of any conveyance. 8 28. "Maintenance" means a process of routine examination, lubrication, 9 cleaning, and adjustment of parts, components, and/or subsystems for the 10 purpose of ensuring performance in accordance with any applicable code 11 requirements. 12 29. "Service or servicing" means a service call or other unscheduled 13 visit, not including routine maintenance or a repair, from a licensed 14 elevator mechanic to troubleshoot, adjust or repair an improperly func- 15 tioning or an otherwise shut down conveyance. 16 30. "Temporarily dormant elevator, dumbwaiter, or escalator" means an 17 installation temporarily placed out of service under the following 18 circumstances: (a) (i) when such installation's power supply has been 19 disconnected; and (ii) the car is parked and any doors are closed and 20 latched; and (iii) a wire seal is installed on the mainline disconnect 21 switch by a licensed elevator inspector; or (b) as determined by state 22 or local law, code, rule, or regulation. 23 31. "Erect" means to vertically construct or connect any conveyance or 24 part or system thereof. 25 32. "Installation" means to place or fix any conveyance or part or 26 system thereof, in position for operation. 27 Temporarily dormant installations shall not be used until such instal- 28 lation has been restored to a safe running order and is in condition 29 suitable for use in accordance with all applicable laws, codes, rules 30 and regulations. Such temporarily dormant installation shall be subject 31 to continued inspections for the duration of the "temporarily dormant" 32 status by a licensed elevator inspector. Such inspector shall file a 33 report with the commissioner describing the conditions of such temporar- 34 ily dormant installation. The report shall be filed annually or more or 35 less frequent as determined by the commissioner. "Temporarily dormant" 36 status shall be renewable on an annual basis, but shall not exceed a 37 five-year period. 38 No person shall remove the wire seal and padlock for any purpose with- 39 out the express permission of the elevator inspector. 40 § 953. Licensing, permit, registration and compliance requirements. 1. 41 Except as otherwise provided for in subdivisions three and four of 42 section nine hundred fifty-one of this article, it shall be a violation 43 of this article for any elevator contractor to design, erect, construct, 44 install, alter, replace, service, or maintain, any conveyance contained 45 within buildings or structures in this state unless such elevator 46 contractor holds an elevator contractor's license. 47 2. Except as otherwise provided for in subdivisions three and four of 48 section nine hundred fifty-one of this article, it shall be a violation 49 of this article for any person to wire any conveyance, from the mainline 50 feeder terminals on the controller, in this state unless such person has 51 an elevator mechanic's license and is working under the direct super- 52 vision of a licensed elevator contractor pursuant to this article. No 53 other license shall be required for this work, excluding the installa- 54 tion of branch circuits and wiring terminations for machine room and pit 55 lighting, receptacles and HVAC as described in the NFPA National Elec- 56 tric Code 620.23 and 620.24 as well as fire and heat detectors andA. 5815--B 6 1 alarms, may be performed by a licensed electrical contractor. Addi- 2 tionally, within New York city, the installation of branch circuits and 3 wiring terminations for the car fan, lights and receptacles, as 4 described in the NFPA National Electric Code 620.22, and intercoms and 5 voice communications as well as signal equipment or systems, as defined 6 in NFPA Article 620.2, that is not directly associated with the opera- 7 tion or safety of any conveyance, may be performed by a licensed elec- 8 trical contractor. 9 3. Except as otherwise provided for in subdivision three of section 10 nine hundred fifty-one of this article, it shall be a violation of this 11 article for any person to inspect or test any conveyance within build- 12 ings or structures unless such person holds an elevator inspector's 13 license. 14 4. Except as otherwise provided for in subdivisions three and four of 15 section nine hundred fifty-one of this article, it shall be a violation 16 of this article for any elevator contractor to erect, construct, 17 install, or alter conveyances within buildings or structures within this 18 state unless a permit therefor has been issued by the commissioner 19 before work is commenced. No permit shall be issued except to a person 20 holding a valid elevator contractor's license. A copy of such permit 21 shall be kept at the construction site at all times while the work is in 22 progress. 23 5. Except as otherwise provided in subdivision three of section nine 24 hundred fifty-one of this article, all new conveyance installations 25 shall be performed by an elevator contractor licensed to install such 26 conveyance. Subsequent to installation, the elevator contractor must 27 certify compliance to the commissioner with the applicable sections of 28 this article as well as any other applicable law, rule, regulation or 29 code. Prior to such conveyances being used, the property owner or 30 lessee must obtain a certificate of operation from the commissioner. A 31 fee, as set forth in this article, shall be paid for such certificate of 32 operation, however, no such fee shall be required for conveyances in 33 private residences. It is the responsibility of the licensed elevator 34 contractor to complete and submit registrations for new installations. 35 A certificate of operation shall be valid for one year, except for 36 certificates issued for platform and stairway chairlifts for private 37 residences, which shall be valid for a period of three years. Certif- 38 icates of operation must be clearly and conspicuously displayed on, in 39 or around each conveyance and be accessible to the state or locality 40 inspecting or enforcing any applicable law, rule, regulation or code. 41 6. Except as otherwise provided in subdivision three of section nine 42 hundred fifty-one of this article, the certificate of operation for 43 newly installed platform lifts and stairway chairlifts for private resi- 44 dences shall be issued only subsequent to an inspection by a licensed 45 third party inspection firm. The certificate of operation fee for all 46 new and existing platform and stairway chairlifts for private residences 47 and any renewal certificate fees are hereby waived. The inspection of 48 private residence platform and stairway chairlifts shall be done at the 49 request and consent of the private residence's owner or lessees. 50 7. It shall be the responsibility of licensees to ensure that the 51 installation, service or maintenance of conveyances is performed in 52 compliance with existing state and local building and maintenance codes. 53 § 954. License and permit procedure. All applications for elevator 54 contractor's, elevator mechanic's, and elevator inspector's licenses and 55 required permits shall be submitted to the department in writing on 56 forms furnished by the commissioner and shall contain the informationA. 5815--B 7 1 set forth in this section as well as any additional information that the 2 commissioner may require. The commissioner shall also set fees for 3 licensing and permitting under this section. 4 1. Applications for licenses. Every application for a license under 5 this article shall include the following: 6 (a) the name, residence address and business address of the applicant; 7 (b) the number of years the applicant has engaged in the business or 8 practice of designing, constructing, erecting, installing, inspecting, 9 testing, repairing, altering, maintaining, or servicing conveyances 10 covered by this article; 11 (c) the approximate number of persons, if any, to be employed by the 12 applicant for an elevator contractor's license; 13 (d) evidence that the applicant is or will be covered by general 14 liability, personal injury and property damage insurance; and 15 (e) any other information which the commissioner may require. 16 Upon approval of an application for a license the commissioner shall 17 issue such license which shall be valid for two years. The fees for such 18 license and renewal thereof shall be set by the commissioner. Any denial 19 for such application shall set forth the reasons therefor. 20 2. Application for permits. Every application for a permit under this 21 article shall include plans and specifications stamped and signed by a 22 professional engineer and/or an architect licensed pursuant to article 23 one hundred forty-five and/or article one hundred forty-seven of the 24 education law. Every application for a permit under this article shall 25 include the following: 26 (a) copies of the specifications and accurately scaled and fully 27 dimensioned plans showing the location of the installation in relation 28 to the plans and elevation of the building; 29 (b) the location of the machinery room and the equipment to be 30 installed, relocated or altered; 31 (c) all structural supporting members thereof, including foundations; 32 (d) a list of all materials to be employed and all loads to be 33 supported and conveyed; 34 (e) any other information that the commissioner may require to ensure 35 that such plans and specifications are sufficiently complete and illus- 36 trate all details of construction and design; and 37 (f) any required permitting fees, which are subject to return upon 38 denial of a permit application. 39 Upon approval of an application for a permit the commissioner shall 40 issue such permit. Such permit shall state the time by which the work 41 shall commence and also when such permit expires. If after the work has 42 been started, work is suspended or abandoned for a period of sixty days, 43 or such shorter period of time as the commissioner may specify at the 44 time the permit is issued, the permit shall expire. Upon expiration of 45 a permit for which work has not been completed, the commissioner may 46 extend such permit. 47 3. Licensing and permitting exemptions. Whenever an emergency exists 48 in this state due to a disaster or act of God, which imperils the 49 health, safety or welfare of an individual or individuals and placing 50 such individual or individuals in imminent danger of injury or death and 51 the number of persons in the state holding licenses granted by the board 52 is insufficient to cope with such emergency, any person certified by a 53 licensed elevator contractor to have an acceptable combination of docu- 54 mented experience and education to perform elevator work without direct 55 and immediate supervision shall seek an emergency elevator mechanic's 56 license from the commissioner within five business days after commencingA. 5815--B 8 1 work requiring a license. The commissioner shall issue emergency eleva- 2 tor mechanic's licenses to address the emergency that exists. The 3 licensed elevator contractor shall furnish proof of competency as the 4 commissioner may require. Each such license shall recite that it is 5 valid for a period of fifteen days from the date thereof and for such 6 particular elevators or geographical areas as the commissioner may 7 designate to address the emergency situation and otherwise shall entitle 8 the licensee to the rights and privileges of an elevator mechanic's 9 license issued in this article. The commissioner shall renew an emer- 10 gency elevator mechanic's license during the existence of an emergency 11 as needed. No fee shall be charged for any emergency elevator mechanic's 12 license or renewal thereof. 13 4. Restricted license. A restricted class of lift mechanic license 14 shall be known as "accessibility technician". Such class of license 15 shall be restricted to performing work involving platform lifts and 16 stairway chairlifts including those installed in private residences 17 which are covered by the provisions of ASME (American society of mechan- 18 ical engineer) codes and standards A18.1-2005. An applicant for such 19 restricted license shall complete an application approved by the board 20 and shall have at least three years verified work experience in 21 constructing, maintaining and repairing those lifts covered by ASME 22 A18.1-2005 and shall provide to the commissioner a certificate of 23 completion of an accessibility training program for lifts under the 24 scope of A18.1-2005 such as the certified accessibility training 25 provided by the national association of elevator contractors, or an 26 equivalent program as deemed by the department. 27 § 955. Qualifications, training and continuing education. 1. No 28 license shall be granted to any person who has not paid the required 29 application fee and demonstrated his or her qualifications and abili- 30 ties. Applicants for a mechanic's license must demonstrate one of the 31 following qualifications: (a) an acceptable combination of documented 32 experience and education credits consisting of (i) not less than four 33 years work experience in the construction, maintenance and service 34 repair of elevators, as verified by current and previous employers and 35 (ii) satisfactory completion of a written examination, administered or 36 accepted by the commissioner, on the most recent national, state, and 37 local conveyances codes and standards; or 38 (b) acceptable proof that he or she has worked on elevator 39 construction, maintenance or repair with direct and immediate super- 40 vision in this state for a period of not less than four years immediate- 41 ly prior to the effective date of this article, provided that such 42 applicant shall file such application within one year of release and 43 access to the licensing application as defined in this article; or 44 (c) a certificate of successful completion and successfully passing 45 the mechanic examination of a nationally recognized training program for 46 the elevator industry including, but not limited to, the national eleva- 47 tor industry educational program or its equivalent; or 48 (d) a certificate of successful completion of the joint apprentice and 49 training committee of the elevator industry of local 3, IBEW, EE divi- 50 sion training program or an apprenticeship program for elevator mechan- 51 ics, having standards substantially equal to those of this chapter, and 52 registered with the bureau of apprenticeship and training, U.S. depart- 53 ment of labor or a state apprenticeship council; or 54 (e) industry educational program, The National Association of Elevator 55 Contractors (NAEC) Certified Elevator Technician (CET), or their equiv- 56 alent; orA. 5815--B 9 1 (f) The commissioner shall upon application and without examination, 2 issue a license to any person over the age of eighteen years who has 3 been duly licensed by any other state of the United States to engage in 4 the business of construction, operation, inspection, maintenance, alter- 5 ation and repair of elevators as verified by current and previous 6 employers, upon compliance with standards and requirements not lower, in 7 the judgement of the commissioner than those of this state, provided, 8 however, that such state extends the same reciprocity to the licensees 9 of this state. Such application shall be accompanied by the required 10 license fee. 11 2. Applicants for an elevator contractor's license must demonstrate to 12 the commissioner that such elevator contractor employs licensed elevator 13 mechanics who perform the work described in section nine hundred fifty- 14 one of this article and have proof of compliance with the insurance 15 requirements set forth in paragraph (d) of subdivision one of section 16 nine hundred fifty-four of this article. 17 3. Applicants for an elevator inspector's license must demonstrate to 18 the satisfaction of the commissioner that such applicant meets or 19 exceeds applicable standards such as a Qualified Elevator Inspector 20 (QEI) or its equivalent. Private elevator inspectors shall maintain the 21 same insurance requirements as an elevator contractor. 22 4. (a) The renewal of all licenses granted under the provisions of 23 this subdivision shall be conditioned upon the submission of a certif- 24 icate of completion of a course designed to ensure the continuing educa- 25 tion of licensees on new and existing national, state, and local convey- 26 ances codes and standards and on technology and technical education and 27 workplace safety. Such course shall consist of not less than eight 28 contact hours (.8 CEU) annually and completed preceding any such license 29 renewal. The commissioner shall establish requirements for continuing 30 education and training programs, and shall approve such programs, as 31 well as maintain a list of approved programs which shall be made avail- 32 able to license applicants, permit applicants, renewal applicants and 33 other interested parties upon request. The commissioner shall promulgate 34 rules and regulations setting forth the criteria for approval of such 35 programs, the procedures to be followed in applying for such approval, 36 and other rules and regulations as the commissioner deems necessary and 37 proper to effectuate the purposes of this section. 38 (b) The commissioner shall assess a fee for each training program 39 completion certificate and for each refresher training program 40 completion certificate. 41 5. The renewal of all licenses granted under the provisions of this 42 section shall be conditioned upon the submission of a certificate of 43 completion of a course designed to ensure the continuing education of 44 licensees on new and existing regulations of the department. Such course 45 shall consist of not less than eight contact hours (.8 CEU) of instruc- 46 tion that shall be attended and completed annually prior to any such 47 license renewal. 48 The courses shall be taught through continuing education providers 49 that may include, but shall not be limited to, association seminars, and 50 labor training programs or programs that deliver an approved apprentice- 51 ship and are registered with the department or the New York state 52 apprenticeship training council. The commissioner shall approve the 53 continuing education providers. All instructors shall be exempt from the 54 requirements of the preceding paragraph with regard to their application 55 for license renewal provided that such applicant was qualified as anA. 5815--B 10 1 instructor at any time during the one year immediately preceding the 2 scheduled date for such renewal. 3 Approved training providers shall keep uniform records, for a period 4 of six years, of attendance of licensees following a format approved by 5 the commissioner and such records shall be available for inspection by 6 the commissioner at his or her request. Approved training providers 7 shall be responsible for the security of all attendance records and 8 certificates of completion; provided, however, that falsifying or know- 9 ingly allowing another to falsify such attendance records or certif- 10 icates of completion shall constitute grounds for suspension or revoca- 11 tion of the approval required under this section. 12 § 956. Powers of the commissioner. 1. The commissioner shall have the 13 authority to inspect, or cause to be inspected, ongoing or completed 14 conveyances projects and to conduct an investigation thereof upon the 15 commissioner's own initiation or upon receipt of a complaint by any 16 person or entity. However, nothing in this subdivision shall permit the 17 commissioner to enter a private residence. 18 2. If, upon receipt of a complaint alleging a violation of this arti- 19 cle, the commissioner reasonable believes that such violation exists, he 20 or she shall investigate as soon as practicable to determine if such 21 violation exists. If the commissioner determines that no violation or 22 danger exists, the commissioner shall inform the complaining person or 23 entity. 24 3. If, upon investigation, the commissioner determines that the 25 alleged violation exists, the commissioner may deliver to such owner or 26 elevator contractor or his or her agent or representative a written 27 order to cure such violation and may order that their permit to work on 28 such installation, repair or maintenance project shall be suspended 29 until such violation is cured. Such order shall specifically enumerate 30 the violations which constitute the basis of the order to cure or order 31 of suspension and shall specify the corrective action to be taken. The 32 commissioner may allow the permit to toll during the time of such order. 33 4. Upon receipt of a written notice from the elevator contractor, or 34 his or her agent or representative, that such violation has been 35 corrected, the commissioner shall, within ten days, issue a determi- 36 nation as to whether such order to cure has been satisfied and such 37 order of suspension, if any, shall be lifted. If the commissioner deter- 38 mines that the order to cure has not been satisfied he or she may 39 continue such order for a reasonable period of time upon the consent of 40 the contractor, or his or her agent or representative. If the commis- 41 sioner does not continue the order, or if the contractor, or his or her 42 agent or representative does not consent to such continuation, the 43 contractor shall have the right to a hearing to determine if such order 44 shall be lifted. Any entity or contractor who may be adversely affected 45 by a notice, suspension, or determination issued under this section may 46 commence a proceeding pursuant to article seventy-eight of the civil 47 practice law and rules. 48 5. The commissioner may, after a notice and hearing, suspend or revoke 49 a license issued under this article based on any of the following 50 violations: 51 (a) any false statement as to a material matter in the application; 52 (b) fraud, or misrepresentation, in securing a license; 53 (c) failure to notify the commissioner and the owner or lessee of a 54 conveyance of any condition not in compliance with this article; 55 (d) a violation of section nine hundred fifty-three of this article; 56 orA. 5815--B 11 1 (e) a finding by the commissioner that a contractor has violated this 2 article or any rule or regulation promulgated thereunder twice within a 3 period of three years, or that a contractor has violated a provision of 4 this article and such violation resulted in a serious threat to the 5 health or safety of an individual or individuals. The commissioner may, 6 in addition to ordering that such contractor's license be revoked, bar 7 such individual from being eligible to reapply for such license for a 8 period not to exceed two years. 9 6. The commissioner may, after notice and hearing, revoke a permit 10 issued under this article based on any of the following violations: 11 (a) any false statements or misrepresentation as to a material fact in 12 the application, plans, or specifications on which the permit was based; 13 (b) any application which by omission or mistake fails to comply with 14 the requirements of this article; 15 (c) any failure to perform work in accordance with the provisions of 16 the application, plans or specifications or with the requirements of 17 this article or conditions of the permit; 18 (d) a failure by the owner or elevator contractor to whom the permit 19 was issued to comply with an order issued pursuant to subdivision four 20 of this section; or 21 (e) a finding by the commissioner that an individual or contractor who 22 has been issued a permit has violated any provision under section nine 23 hundred fifty-three of this article. 24 7. (a) Except as provided in paragraph (b) of this subdivision, if the 25 commissioner finds, after notice and hearing, that an individual has 26 violated any provision of this article, he or she may impose a civil 27 penalty not to exceed one thousand dollars for each such violation. Upon 28 a second or subsequent violation within three years of the determination 29 of a prior violation, the commissioner may impose a civil penalty not to 30 exceed two thousand dollars. 31 (b) The penalty provided for in paragraph (a) of this subdivision may 32 be increased to an amount not to exceed five thousand dollars if the 33 violation resulted in a serious threat to the health or safety of an 34 individual or individuals. 35 8. Any entity or contractor who may be adversely affected by an order 36 issued under this section may commence a proceeding pursuant to article 37 seventy-eight of the civil practice law and rules. 38 9. The commissioner may bring an action in a court of competent juris- 39 diction to enjoin any conduct that violates the provisions of this arti- 40 cle. 41 10. The commissioner may promulgate rules and regulations necessary to 42 carry out and effectuate the provisions of this article. 43 § 957. New York state elevator safety and standards board. 1. An 44 elevator safety and standards board is hereby created, to consist of 45 nine members. The governor, the temporary president of the senate, and 46 the speaker of the assembly shall each appoint three members. The gover- 47 nor's appointees shall be comprised of a representative of a major 48 elevator manufacturing company, an elevator inspector and a building 49 owner, manager or representative; the temporary president of the 50 senate's appointees shall be comprised of an elevator servicing company, 51 an elevator architectural designer or consultant, and an individual from 52 an elevator industry association; the speaker of the assembly's appoint- 53 ees shall be comprised of an elevator contractor employee labor union, 54 an elevator mechanic, and a fire marshal. The commissioners of health, 55 labor, education, and economic development or their designees shall be 56 ex-officio members. The board shall meet on an as needed basis to adviseA. 5815--B 12 1 the commissioner on the implementation of this article. The board shall 2 elect a chairperson to serve for the term of their appointment to the 3 board. The board shall prepare an annual report for the governor and 4 the legislature, copies of which shall be sent to the commissioners of 5 health, education, economic development, and labor. 6 2. The first member appointed by the governor, the temporary president 7 of the senate, and the speaker of the assembly shall have a term of one 8 year; the second member appointed by each shall have a term of two years 9 and the remaining members shall have a term of three years. Each of such 10 appointed members shall hold office for the term for which such member 11 was appointed and until his or her successor shall have been appointed 12 or until he or she shall resign. The term of office of all successor 13 members shall be three years. The members shall serve without salary or 14 compensation, but shall be reimbursed for necessary expenses incurred in 15 the performance of their duties. 16 3. The board may consult with engineering authorities and organiza- 17 tions concerned with standard safety codes, rules and regulations 18 governing the operation, maintenance, servicing, construction, alter- 19 ation, installation, and inspection of conveyances and the adequate, 20 reasonable, and necessary qualifications of elevator mechanics, contrac- 21 tors, and inspectors. 22 4. The duties of the board are as follows: 23 (a) assist the commissioner and the department in establishing the 24 state regulations for equipment covered by this article; 25 (b) develop recommendations for an enforcement program which will 26 ensure compliance with the regulations and requirements promulgated by 27 the commissioner pursuant to this article; 28 (c) assist the commissioner in granting exceptions and variances from 29 the literal requirements of the applicable code and standards, regu- 30 lations, and local legislation, in cases where such variances would not 31 jeopardize the public safety and welfare; 32 (d) assist the commissioner in setting fee schedules for licenses, 33 permits, and inspections. The fees shall reflect the actual costs and 34 expenses to conduct the duties as described in this article; and 35 (e) assist the commissioner in any and all things necessary or conven- 36 ient to the commissioner's duty to carry out the purposes of this arti- 37 cle. 38 § 958. Exempt persons. This article shall not be construed to apply to 39 the practice, conduct, activities, or services by a person licensed to 40 practice architecture within this state pursuant to article one hundred 41 forty-seven of the education law or engineering within this state pursu- 42 ant to article one hundred forty-five of the education law. 43 § 2. The state finance law is amended by adding a new section 97-pppp 44 to read as follows: 45 § 97-pppp. Elevator and related conveyances safety program account. 46 1. There is hereby established in the custody of the state comptroller 47 the elevator and related conveyances safety program account. 48 2. Such fund shall consist of moneys collected pursuant to the 49 provisions of article thirty-three of the labor law. 50 3. Moneys of the fund shall be available to the commissioner of labor 51 for purposes of offsetting the costs incurred by the commissioner of 52 labor for the administration of article thirty-three of the labor law, 53 including the administration of elevator and related conveyances safety 54 programs, the administration of licenses and permits, and the adminis- 55 tration of certificates of operation as set forth in such article thir- 56 ty-three.A. 5815--B 13 1 4. The moneys shall be paid out of the fund on the audit and warrant 2 of the comptroller on vouchers certified or approved by the commissioner 3 or his or her designee. 4 5. Notwithstanding the provisions of any general or special law, no 5 moneys shall be available from the fund until a certificate of allo- 6 cation and a schedule of amounts to be available therefor shall have 7 been issued by the director of the budget, and a copy of such certif- 8 icate filed with the comptroller. Such certificate may be amended from 9 time to time by the director of the budget and a copy of each such 10 amendment shall be filed with the comptroller. 11 § 3. This act shall take effect on the one hundred eightieth day after 12 it shall have become a law, provided, however, that effective immediate- 13 ly, the addition, amendment and/or repeal of any rules or regulations 14 necessary for the implementation of this act on its effective date, and 15 the appointment of the New York state elevator safety and standards 16 board, are authorized and directed to be established, made and completed 17 on or before such effective date.
