Bill Text: NY S04080 | 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 33-8)

Status: (Engrossed) 2019-06-20 - returned to senate [S04080 Detail]

Download: New_York-2019-S04080-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4080--C
            Cal. No. 728

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 27, 2019
                                       ___________

        Introduced  by  Sens.  SAVINO, RAMOS, ADDABBO, BAILEY, BENJAMIN, BIAGGI,
          BOYLE, BRESLIN, BROOKS, CARLUCCI, FUNKE, GALLIVAN, GAUGHRAN, GIANARIS,
          GOUNARDES, HELMING, HOYLMAN, JACKSON, JACOBS, KAPLAN, KAVANAGH, KENNE-
          DY, KRUEGER, LITTLE, LIU, MAY, MAYER, MYRIE,  ORTT,  PARKER,  PERSAUD,
          RIVERA,  ROBACH, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVI-
          SKY, THOMAS -- read twice and ordered printed, and when printed to  be
          committed  to  the  Committee on Labor -- reported favorably from said
          committee and committed to  the  Committee  on  Finance  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported favorably from said committee, ordered
          to first and second report, ordered to a third  reading,  amended  and
          ordered  reprinted,  retaining its place in the order of third reading
          -- passed by Senate and delivered  to  the  Assembly,  recalled,  vote
          reconsidered,   restored   to   third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading

        AN ACT to amend the labor law and the state finance law, in relation  to
          requiring   the   licensing   of   persons   engaged  in  the  design,
          construction,  inspection,  maintenance,  alteration,  and  repair  of
          elevators  and  other automated people moving devices (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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05563-12-9

        S. 4080--C                          2

     1  the effective date of the Part, which makes reference to a  section  "of
     2  this act", when used in connection with that particular component, shall
     3  be  deemed to mean and refer to the corresponding section of the Part in
     4  which  it  is  found.  Section  four  of this act sets forth the general
     5  effective date of this act.
     6    § 2. 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  act is intended to create, expand, diminish, limit,
    17  impair, or supersede any rights under current law, rule, or  regulation,
    18  or  resulting  from  a  determination  of  a court or the national labor
    19  relations board with regard to building trades  and  the  work  of  such
    20  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                                   PART A

    24    Section 1. The labor law is amended by adding a new article 33 to read
    25  as follows:
    26                                 ARTICLE 33
    27                 ELEVATORS AND OTHER CONVEYANCES; LICENSING
    28  Section 950. Application.
    29          951. Definitions.
    30          952. Licensing,  permit,  registration  and  compliance require-
    31                 ments.
    32          953. License and permit procedure.
    33          954. Qualifications, training and continuing education.
    34          955. Powers of the commissioner.
    35          956. New York state elevator safety and standards board.
    36          957. Exempt persons.
    37    § 950. Application. 1. The design, construction,  erection,  installa-
    38  tion,  inspection, testing, maintenance, alteration, service, and repair
    39  of the following equipment are covered by this article:
    40    (a) hoisting and lowering mechanisms equipped with a car  or  platform
    41  which  moves  between two or more landings. This equipment includes, but
    42  is not limited to elevators, platform lifts and non-residential stairway
    43  chair lifts;
    44    (b) power driven stairways and walkways for carrying  persons  between
    45  landings.    This  equipment includes, but is not limited to, escalators
    46  and moving walks;
    47    (c) hoisting and lowering mechanisms equipped with a car, which serves
    48  two or more landings and is restricted to the carrying  of  material  by
    49  its  limited size or limited access to the car. This equipment includes,
    50  but is not limited to, dumbwaiters, material lifts, and dumbwaiters with
    51  automatic transfer devices as defined in section nine hundred  fifty-one
    52  of this article; and

        S. 4080--C                          3

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

        S. 4080--C                          4

     1    4. "Temporary certificate of operation" means a document issued by the
     2  commissioner which permits the temporary use of a non-compliant elevator
     3  or related conveyance by the general public for a limited time,  not  to
     4  exceed thirty days, while minor repairs are being completed.
     5    5.  "Conveyance"  means  any  elevator,  dumbwaiter, escalator, moving
     6  sidewalk, platform lifts, non-residential stairway chairlifts and  auto-
     7  mated people movers.
     8    6.  "Dormant elevator, dumbwaiter, or escalator" means an installation
     9  placed out of service under the following  circumstances:  (a)  when  an
    10  installation's  power  has  been  disconnected  and (i) when an electric
    11  elevator, dumbwaiter, or material lift whose suspension ropes have  been
    12  removed, whose car and counterweight rest at the bottom of the hoistway,
    13  and  whose  hoistway doors have been permanently barricaded or sealed in
    14  the closed position on the hoistway side; or (ii) a hydraulic  elevator,
    15  dumbwaiter, or material lift whose car rests at the bottom of the hoist-
    16  way  and  whose  doors are permanently barricaded or sealed; or (iii) an
    17  escalator or moving walk whose entrances have been permanently barricad-
    18  ed; or (b) as determined by state or local law,  code,  rule,  or  regu-
    19  lations.
    20    7. "Elevator" means a hoisting and lowering mechanism, equipped with a
    21  car, that moves within guides and serves two or more landings.
    22    8. "Elevator contractor" means, a public corporation, or instrumental-
    23  ity  of  a public corporation, self-employed person, company, unincorpo-
    24  rated association, firm, partnership, limited liability company,  corpo-
    25  ration,  or  any  other  entity,  or any owner or operator of any of the
    26  foregoing entities, who possesses an elevator  contractor's  license  in
    27  accordance  with  the  provisions of sections nine hundred fifty-two and
    28  nine hundred fifty-three of this article and is engaged in the  business
    29  of  designing,  erecting, constructing, installing, altering, repairing,
    30  servicing or maintaining elevators  or  other  automated  people  moving
    31  conveyances covered by this article.
    32    9.  "Elevator  helper/apprentice/assistant  mechanic" means any person
    33  who works under the general direction of a licensed elevator mechanic.
    34    10. "Elevator inspector" means any person who  possesses  an  elevator
    35  inspector's license in accordance with the provisions of this article.
    36    11.  "Elevator  mechanic"  means  any person who possesses an elevator
    37  mechanic's license in accordance with the provisions of this article.
    38    12. "Escalator" means power-driven, inclined, continuous stairway used
    39  for raising or lowering passengers.
    40    13. "Existing  installation"  means  an  installation  that  has  been
    41  completed  or  is under construction prior to the effective date of this
    42  article.
    43    14. "License" means a license duly issued by the commissioner, author-
    44  izing the  design,  erection,  construction,  installation,  alteration,
    45  repair,  service,  maintenance,  or  inspection  of  elevators  or other
    46  conveyances covered by this article.
    47    15. "Elevator contractor's license" means a license which entitles the
    48  holder thereof  to  engage  in  the  business  of  designing,  erecting,
    49  constructing,  installing, altering, repairing, servicing or maintaining
    50  conveyances covered by this article.
    51    16. "Elevator inspector's license" means a license which entitles  the
    52  holder  thereof  to  engage  in  the  business  of inspecting or testing
    53  conveyances covered by this article.
    54    17. "Elevator mechanic's license" means a license which  entitles  the
    55  holder  thereof  to  install,  construct,  alter, service, repair, test,

        S. 4080--C                          5

     1  maintain, and perform work on  conveyances  or  other  automated  people
     2  movers covered by this article.
     3    18.  "Moving  walk/sidewalk" means a type of passenger-carrying device
     4  on which passengers stand or walk, and in which  the  passenger-carrying
     5  surface  remains  parallel  to  its  direction of motion and is uninter-
     6  rupted.
     7    19. "Permit" means a document issued by the commissioner prior to  the
     8  commencement   of   work  that  permits  a  conveyance  to  be  erected,
     9  constructed, installed, or altered under plans approved by  the  commis-
    10  sioner pursuant to this article.
    11    20. "Person" means any natural person.
    12    21. "Private residence" means a separate dwelling or a separate apart-
    13  ment  in  a  multiple dwelling, which is occupied by members of a single
    14  family unit.
    15    22. "Repair" means reconditioning or  renewal  of  parts,  components,
    16  and/or  subsystems necessary to keep equipment in compliance with appli-
    17  cable code requirements.
    18    23. "Alteration" means any change to equipment, including  its  parts,
    19  components,  and/or  subsystems,  other  than  maintenance,  repair,  or
    20  replacement, but shall not include the professional  services  of  engi-
    21  neering  or  architecture as defined in sections seventy-two hundred one
    22  and seventy-three hundred one of the education law.
    23    24. "Design" means the act or process of planning the  repair,  alter-
    24  ation  or  construction  of  any  conveyance,  but shall not include the
    25  professional services of  engineering  or  architecture  as  defined  in
    26  sections  seventy-two  hundred  one and seventy-three hundred one of the
    27  education law.
    28    25. "Construction" means  the  act  or  process  of  constructing  any
    29  conveyance.
    30    26.  "Inspection"  means a critical examination, observation or evalu-
    31  ation of quality and code compliance of any conveyance.
    32    27. "Testing" means a process or trial of operation of any conveyance.
    33    28. "Maintenance" means a process of routine examination, lubrication,
    34  cleaning, and adjustment of parts, components, and/or subsystems for the
    35  purpose of ensuring performance in accordance with any  applicable  code
    36  requirements.
    37    29.  "Service  or servicing" means a service call or other unscheduled
    38  visit, not including routine maintenance or a repair,  from  a  licensed
    39  elevator  mechanic to troubleshoot, adjust or repair an improperly func-
    40  tioning or an otherwise shut down conveyance.
    41    30. "Temporarily dormant elevator, dumbwaiter, or escalator" means  an
    42  installation  temporarily  placed  out  of  service  under the following
    43  circumstances: (a) (i) when such installation's power  supply  has  been
    44  disconnected;  and  (ii)  the car is parked and any doors are closed and
    45  latched; and (iii) a wire seal is installed on the  mainline  disconnect
    46  switch  by  a licensed elevator inspector; or (b) as determined by state
    47  or local law, code, rule, or regulation.
    48    31. "Erect" means to vertically construct or connect any conveyance or
    49  part or system thereof.
    50    32. "Personnel and material hoists"  means  rack  and  pinion  hoists,
    51  alimaks  and  machines  of  a  similar  nature  used for the hoisting of
    52  construction material,  equipment  and  personnel,  or  the  removal  of
    53  debris,  all during the construction, renovation and/or demolition phase
    54  of any construction project whether an inside or outside hoist.
    55    33. "Installation" means to place or fix any  conveyance  or  part  or
    56  system thereof, in position for operation.

        S. 4080--C                          6

     1    Temporarily dormant installations shall not be used until such instal-
     2  lation  has  been  restored  to a safe running order and is in condition
     3  suitable for use in accordance with all applicable  laws,  codes,  rules
     4  and  regulations. Such temporarily dormant installation shall be subject
     5  to  continued  inspections for the duration of the "temporarily dormant"
     6  status by a licensed elevator inspector. Such  inspector  shall  file  a
     7  report with the commissioner describing the conditions of such temporar-
     8  ily  dormant installation. The report shall be filed annually or more or
     9  less frequent as determined by the commissioner.  "Temporarily  dormant"
    10  status  shall  be  renewable  on an annual basis, but shall not exceed a
    11  five-year period.
    12    No person shall remove the wire seal and padlock for any purpose with-
    13  out the express permission of the elevator inspector.
    14    § 952. Licensing, permit, registration and compliance requirements. 1.
    15  Except as otherwise provided for  in  subdivisions  three  and  four  of
    16  section  nine  hundred fifty of this article, it shall be a violation of
    17  this article for any elevator contractor to  design,  erect,  construct,
    18  install,  alter, replace, service, or maintain, any conveyance contained
    19  within buildings or  structures  in  this  state  unless  such  elevator
    20  contractor holds an elevator contractor's license.
    21    2.  Except as otherwise provided for in subdivisions three and four of
    22  section nine hundred fifty of this article, it shall be a  violation  of
    23  this  article  for  any person to wire any conveyance, from the mainline
    24  feeder terminals on the controller, in this state unless such person has
    25  an elevator mechanic's license and is working under  the  direct  super-
    26  vision  of  a  licensed elevator contractor pursuant to this article. No
    27  other license shall be required for this work, excluding  the  installa-
    28  tion of branch circuits and wiring terminations for machine room and pit
    29  lighting,  receptacles  and HVAC as described in the NFPA National Elec-
    30  tric Code 620.23 and 620.24 as well  as  fire  and  heat  detectors  and
    31  alarms, may be performed by a licensed electrical contractor.
    32    3.  Except  as  otherwise provided for in subdivision three of section
    33  nine hundred fifty of this article, it shall  be  a  violation  of  this
    34  article  for  any person to inspect or test any conveyance within build-
    35  ings or structures unless such  person  holds  an  elevator  inspector's
    36  license.
    37    4.  Except as otherwise provided for in subdivisions three and four of
    38  section nine hundred fifty of this article, it shall be a  violation  of
    39  this  article  for any elevator contractor to erect, construct, install,
    40  or alter conveyances within buildings or structures  within  this  state
    41  unless a permit therefor has been issued by the commissioner before work
    42  is  commenced.  No  permit  shall be issued except to a person holding a
    43  valid elevator contractor's license. A copy of such permit shall be kept
    44  at the construction site at all times while the work is in progress.  An
    45  application  for a permit under this section with the commissioner shall
    46  not be required if an authority having jurisdiction  ("AHJ")  posts  all
    47  permits  issued  to  elevator  contractors on the AHJ's official website
    48  within forty-eight hours of their issuance. The information required  to
    49  be  published must include, at a minimum, the date of issuance, the work
    50  covered by the permit, the elevator contractor or  contractors  involved
    51  and location and type of work to be performed.
    52    5.  Except  as otherwise provided in subdivision three of section nine
    53  hundred fifty of this article, all new conveyance installations shall be
    54  performed by an elevator contractor licensed to install such conveyance.
    55  Subsequent to installation, the elevator contractor must certify compli-
    56  ance to the commissioner with the applicable sections of this article as

        S. 4080--C                          7

     1  well as any other applicable law, rule, regulation or code.    Prior  to
     2  such  conveyances being used, the property owner or lessee must obtain a
     3  certificate of operation from the commissioner. A fee, as set  forth  in
     4  this  article, shall be paid for such certificate of operation, however,
     5  no such fee shall be required for conveyances in private residences.  It
     6  is  the  responsibility  of the licensed elevator contractor to complete
     7  and submit registrations for new installations.  A certificate of opera-
     8  tion shall be valid for one year, except  for  certificates  issued  for
     9  platform lifts for private residences, which shall be valid for a period
    10  of  three years. Certificates of operation must be clearly and conspicu-
    11  ously displayed on, in or around each conveyance and  be  accessible  to
    12  the  state or locality inspecting or enforcing any applicable law, rule,
    13  regulation or code. An application for a certificate of operation  under
    14  this section with the commissioner shall not be required if an authority
    15  having  jurisdiction  ("AHJ") posts all certificates of operation issued
    16  to a building owner on the AHJ's  official  website  within  forty-eight
    17  hours  of  their issuance. The information required to be published must
    18  include, at a minimum, the date of issuance, the  unit  subject  to  the
    19  certificate  of  operation,  the name and address of the building owner,
    20  and the address of the unit.
    21    6. Except as otherwise provided in subdivision three of  section  nine
    22  hundred  fifty  of  this article, the certificate of operation for newly
    23  installed platform lifts for private residences  shall  be  issued  only
    24  subsequent  to  an inspection by a licensed third party inspection firm.
    25  The certificate of operation fee for all new and existing platform lifts
    26  for private residences and  any  renewal  certificate  fees  are  hereby
    27  waived. The inspection of private residence platform lifts shall be done
    28  at the request and consent of the private residence's owner or lessees.
    29    7.  It  shall  be  the  responsibility of licensees to ensure that the
    30  installation, service or maintenance  of  conveyances  is  performed  in
    31  compliance with existing state and local building and maintenance codes.
    32    §  953.  License  and  permit procedure. All applications for elevator
    33  contractor's, elevator mechanic's, and elevator inspector's licenses and
    34  required permits shall be submitted to  the  department  in  writing  on
    35  forms  furnished  by  the commissioner and shall contain the information
    36  set forth in this section as well as any additional information that the
    37  commissioner may require. The  commissioner  shall  also  set  fees  for
    38  licensing and permitting under this section.
    39    1.  Applications  for  licenses. Every application for a license under
    40  this article shall include the following:
    41    (a) the name, residence address and business address of the applicant;
    42    (b) the number of years the applicant has engaged in the  business  or
    43  practice  of  designing, constructing, erecting, installing, inspecting,
    44  testing, repairing,  altering,  maintaining,  or  servicing  conveyances
    45  covered by this article;
    46    (c)  the  approximate number of persons, if any, to be employed by the
    47  applicant for an elevator contractor's license;
    48    (d) evidence that the applicant is  or  will  be  covered  by  general
    49  liability, personal injury and property damage insurance; and
    50    (e) any other information which the commissioner may require.
    51    Upon  approval  of an application for a license the commissioner shall
    52  issue such license which shall be valid for two years. The fees for such
    53  license and renewal thereof shall be set by the commissioner. Any denial
    54  for such application shall set forth the reasons therefor.
    55    2. Application for permits. Every application for a permit under  this
    56  article  shall  include plans and specifications stamped and signed by a

        S. 4080--C                          8

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

        S. 4080--C                          9

     1  provisions  of  ASME (American society of mechanical engineer) codes and
     2  standards A18.1-2005. An applicant for  such  restricted  license  shall
     3  complete  an  application  approved by the board and shall have at least
     4  three  years  verified  work experience in constructing, maintaining and
     5  repairing those lifts covered by ASME A18.1-2005 and  shall  provide  to
     6  the  commissioner a certificate of completion of an accessibility train-
     7  ing program for lifts under the scope of A18.1-2005 such as  the  certi-
     8  fied  accessibility  training  provided  by  the national association of
     9  elevator contractors, or an equivalent program as deemed by the  depart-
    10  ment.
    11    §  954.  Qualifications,  training  and  continuing  education.  1. No
    12  license shall be granted to any person who has  not  paid  the  required
    13  application  fee  and  demonstrated his or her qualifications and abili-
    14  ties. Applicants for a mechanic's license must demonstrate  one  of  the
    15  following qualifications:
    16    (a)   acceptable   proof  that  he  or  she  has  worked  on  elevator
    17  construction, maintenance or repair with  direct  and  immediate  super-
    18  vision in this state for a period of not less than four years immediate-
    19  ly  prior  to  the  effective  date  of this article, provided that such
    20  applicant shall file such application within one  year  of  release  and
    21  access to the licensing application as defined in this article; or
    22    (b) a certificate of successful completion of the joint apprentice and
    23  training  committee  of the elevator industry of local 3, IBEW, EE divi-
    24  sion training program or an apprenticeship program for elevator  mechan-
    25  ics,  having standards substantially equal to those of this chapter, and
    26  registered with the bureau of apprenticeship and training, U.S.  depart-
    27  ment of labor or a state apprenticeship council; or
    28    (c) industry educational program, The National Association of Elevator
    29  Contractors  (NAEC) Certified Elevator Technician (CET), or their equiv-
    30  alent; or
    31    (d) The commissioner shall upon application and  without  examination,
    32  issue  a  license  to  any person over the age of eighteen years who has
    33  been duly  licensed by any other state of the United States to engage in
    34  the business of construction, inspection,  maintenance,  alteration  and
    35  repair  of elevators as verified by current and previous employers, upon
    36  compliance with standards and requirements not lower, in  the  judgement
    37  of  the  commissioner  than those of this state, provided, however, that
    38  such state extends the same reciprocity to the licensees of this  state.
    39  Such application shall be accompanied by the required license fee.
    40    2. Applicants for an elevator contractor's license must demonstrate to
    41  the commissioner that such elevator contractor employs licensed elevator
    42  mechanics  who  perform the work described in section nine hundred fifty
    43  of this article and have proof of compliance with the insurance require-
    44  ments set forth in paragraph (d) of  subdivision  one  of  section  nine
    45  hundred fifty-three of this article.
    46    3.  Applicants for an elevator inspector's license must demonstrate to
    47  the satisfaction of  the  commissioner  that  such  applicant  meets  or
    48  exceeds  applicable  standards  such  as  a Qualified Elevator Inspector
    49  (QEI) or its equivalent. Private elevator inspectors shall maintain  the
    50  same insurance requirements as an elevator contractor.
    51    4.  (a)  The  renewal  of all licenses granted under the provisions of
    52  this subdivision shall be conditioned upon the submission of  a  certif-
    53  icate of completion of a course designed to ensure the continuing educa-
    54  tion of licensees on new and existing national, state, and local convey-
    55  ances  codes and standards and on technology and technical education and
    56  workplace safety. Such course shall  consist  of  not  less  than  eight

        S. 4080--C                         10

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

        S. 4080--C                         11

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

        S. 4080--C                         12

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

        S. 4080--C                         13

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

    47                                   PART B

    48    Section 1. The  undesignated  paragraph  subtitled  "private  elevator
    49  inspection agency" of section 28-401.3 of the administrative code of the
    50  city  of  New York is REPEALED and three new undesignated paragraphs are
    51  added following the undesignated paragraph subtitled "direct employ"  to
    52  read as follows:

        S. 4080--C                         14

     1    ELEVATOR  AGENCY. An approved agency authorized by the commissioner to
     2  perform elevator work and to inspect and test elevators, escalators  and
     3  other conveying equipment regulated by this code.
     4    ELEVATOR  AGENCY  HELPER. An individual having required qualifications
     5  to perform elevator work, as defined in this chapter, under  the  direct
     6  and  continuing  supervision  of an elevator agency director, and in the
     7  presence of a licensed elevator agency technician.
     8    ELEVATOR  WORK.  Alteration,  assembly,   installation,   maintenance,
     9  repair,  replacement and modernization work, as defined by ASME A17.1 as
    10  modified by appendix K of the New York city building code, performed  on
    11  conveyances  regulated  by  this code or other applicable laws or rules.
    12  Elevator work does not include material hoists,  platform  lifts,  stair
    13  chair lifts, or personnel hoists.
    14    §  2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
    15  tive code of the city of New York, as added by section 91 of part  A  of
    16  local  law  number  141  of  the city of New York for the year 2013, are
    17  amended to read as follows:
    18                                 ARTICLE 421
    19           [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
    20    § 28-421.1 [Private  elevator  inspection]  Elevator  agency  director
    21  license  required.    [Only private elevator inspection agencies may] It
    22  shall be unlawful to perform elevator work as defined by this chapter or
    23  perform and/or witness inspections and tests  or  enter  into  contracts
    24  pursuant to article 304 of chapter 3 of this code unless licensed pursu-
    25  ant  to  this  article.  Each [such] elevator agency shall designate one
    26  director in responsible charge who shall be licensed  pursuant  to  this
    27  article.  The  designated director in responsible charge shall be in the
    28  direct employ of the agency and shall supervise all  the  operations  of
    29  the  agency. All elevator work shall be performed by individuals who are
    30  under the direct and  continuing  supervision  of  the  elevator  agency
    31  director  as  defined  in section 28-401.3 of this chapter. All elevator
    32  work performed by such agency pursuant to article 304 of  chapter  3  of
    33  this  code  shall  be  performed  by  or under the direct and continuing
    34  supervision of the designated director in responsible charge.
    35    § 28-421.1.1 Additional  directors.  In  addition  to  the  designated
    36  director in responsible charge, the agency may have other individuals in
    37  its  employ  who  may  be  issued [private] elevator [inspection] agency
    38  director licenses pursuant to this article. [Notwithstanding  any  other
    39  provision of this chapter, such individuals may only perform inspections
    40  or  other  work  pursuant to article 304 of chapter 3 of this code under
    41  the direct and continuing supervision  of  the  designated  director  in
    42  responsible charge.]
    43    §  28-421.2 Qualifications. All applicants for [a private] an elevator
    44  [inspection] agency director license  shall  submit  satisfactory  proof
    45  establishing that the applicant has satisfactorily completed, within two
    46  years prior to the date of application, a course that is at least thirty
    47  hours  in  length  and approved by the United States department of labor
    48  and the occupational safety and health administration in general  indus-
    49  try training; and also satisfies one of the following:
    50    1.  Has  at least ten years of practical experience in the supervision
    51  of the assembly, installation, maintenance, repair, design or inspection
    52  of elevators within the fifteen years prior to application; or
    53    2. Is an engineer or architect and has at least five years  experience
    54  in  the  supervision of the assembly, installation, maintenance, repair,
    55  review and approval of design documents or inspection of elevators with-
    56  in the seven years prior to application.

        S. 4080--C                         15

     1    § 28-421.3 [Director restriction] Restriction.  Each [private]  eleva-
     2  tor  [inspection]  agency  director shall supervise and perform elevator
     3  work or inspections and tests pursuant to article 304 of  chapter  3  of
     4  this code for only one [private] elevator [inspection] agency, and shall
     5  not  inspect  and/or  test elevators or perform elevator work on related
     6  devices as an inspector [or], director or elevator agency helper for any
     7  other [private] elevator [inspection] agency.
     8    § 28-421.4  Place  of  business.  Every  licensed  [private]  elevator
     9  [inspection]  agency  shall  have a place of business within the city in
    10  conformance with department rules and regulations.
    11                                 ARTICLE 422
    12          [PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE
    13    §  28-422.1  [Private  elevator  inspection  agency]  Elevator  agency
    14  inspector  license required.   [Individuals who] It shall be unlawful to
    15  witness and/or perform inspections and tests on behalf of [a private] an
    16  elevator [inspection] agency pursuant to article 304  of  chapter  3  of
    17  this code [shall be] unless licensed pursuant to this article.  Licensed
    18  inspectors  shall  perform  such  work  under  the direct and continuing
    19  supervision of a designated  director  in  responsible  charge  licensed
    20  pursuant to article 421 of this chapter.
    21    § 28-422.2 Qualifications. [Applicants] All applicants for [a private]
    22  an  elevator  agency  inspector  license shall submit satisfactory proof
    23  establishing that the applicant has satisfactorily completed, within two
    24  years prior to the date of application, a course that is  at  least  ten
    25  hours  in  length  and approved by the United States department of labor
    26  and the occupational safety and health administration in general  indus-
    27  try standards; and also satisfies the following:
    28    1.  Has at least seven years of practical experience in the [assembly,
    29  installation, repair, design, or] inspection  of  elevators,  or  as  an
    30  elevator mechanic within the ten years prior to application.
    31    §  28-422.3 [Inspector restriction] Restriction. Each [private] eleva-
    32  tor [inspection] agency inspector shall perform work pursuant to article
    33  304  of  chapter  3  of  this  code  for  only  one  [private]  elevator
    34  [inspection]  agency,  and  shall not witness and/or perform inspections
    35  and/or test elevators or related devices as an inspector, technician  or
    36  director for any other [private] elevator [inspection] agency.
    37    §  3.  Chapter 4 of title 28 of the administrative code of the city of
    38  New York is amended by adding three new articles 425,  426  and  427  to
    39  read as follows:
    40                                 ARTICLE 425
    41                     ELEVATOR AGENCY TECHNICIAN LICENSE
    42    § 28-425.1 Elevator  agency  technician  license required. It shall be
    43  unlawful to perform elevator work as defined  in  this  chapter,  unless
    44  that  work  is performed by or under the direction of an elevator agency
    45  technician and under the supervision of  a  designated  director  of  an
    46  elevator agency licensed pursuant to article 421 of this chapter.
    47    § 28-425.2 Restricted elevator agency technician license. A restricted
    48  class  of lift mechanic license shall be known as "accessibility techni-
    49  cian". Such class of license shall  be  restricted  to  performing  work
    50  involving platform lifts including those installed in private residences
    51  which are covered by the provisions of ASME (American society of mechan-
    52  ical  engineers)  codes  and standards A18.1-2005. An applicant for such
    53  restricted license shall complete an application approved by  the  board
    54  and  shall  have  at  least  three  years  verified  work  experience in
    55  constructing, maintaining and repairing  those  lifts  covered  by  ASME
    56  A18.1-2005  and  shall  provide  to  the  commissioner  a certificate of

        S. 4080--C                         16

     1  completion of an accessibility training  program  for  lifts  under  the
     2  scope  of  A18.1-2005  such  as  the  certified  accessibility  training
     3  provided by the national association  of  elevator  contractors,  or  an
     4  equivalent program as deemed by the department.
     5    § 28-425.3 Qualifications. All applicants for an elevator agency tech-
     6  nician's  license  shall submit satisfactory proof establishing that the
     7  applicant has satisfactorily completed, within two years  prior  to  the
     8  date  of  application, a course that is at least ten hours in length and
     9  approved by the United States department of labor and  the  occupational
    10  safety  and health administration in general industry training; and also
    11  satisfies one of the following qualifications:
    12    1.  Acceptable  proof  that  he  or  she  has   worked   on   elevator
    13  construction,  maintenance  or  repair  with direct and immediate super-
    14  vision in this state for a period of not less than four years immediate-
    15  ly prior to the effective date  of  this  article,  provided  that  such
    16  applicant  shall  file  such  application within one year of release and
    17  access to the licensing application as defined in this article; or
    18    2. Successful completion of a training program of at least four  years
    19  for  elevator  maintenance,  installation or repair, registered with the
    20  bureau of apprenticeship and training, United States department of labor
    21  or a New York state apprenticeship council, including but not limited to
    22  the national elevator industry elevator educational program; or
    23    3. A certificate of successful completion and successfully passing the
    24  mechanic examination of a nationally recognized training program for the
    25  elevator industry including, but not limited to, the  national  elevator
    26  industry educational program or its equivalent; or
    27    4.  A certificate of successful completion of the joint apprentice and
    28  training committee of the elevator industry of local 3, IBEW,  EE  divi-
    29  sion  training program or an apprenticeship program for elevator mechan-
    30  ics, having standards substantially equal to those of this chapter,  and
    31  registered with the bureau of apprenticeship and training, U.S.  depart-
    32  ment of labor or a state apprenticeship council.
    33    No  licensing  fees shall be charged to any individual who holds a New
    34  York state elevator mechanics license and seeks a New York city elevator
    35  technicians license.

    36                                 ARTICLE 426
    37                           ELEVATOR AGENCY HELPER
    38    § 28-426.1 Qualifications. The agency may, by rule,  establish  quali-
    39  fications for elevator agency helpers.

    40                                 ARTICLE 427
    41                                   PERMITS

    42    § 28-427.1 Applications  and  permits. All applications/permits issued
    43  to elevator contractors shall appear  on  the  department  of  buildings
    44  website  within  forty-eight hours of issuance. The information required
    45  to be published must include, at a minimum, the date  of  issuance,  the
    46  work  covered  by  the  permit,  the  elevator contractor or contractors
    47  involved and location and type of work to be performed.  The  department
    48  shall  maintain  and  publish a registry of all licensed elevator agency
    49  helpers, technicians, and inspectors, which shall list and identify, all
    50  licensed elevator agency helpers,  technicians,  and  inspectors,  doing
    51  business in the city of New York. The department shall make the registry
    52  available on its website.

        S. 4080--C                         17

     1    § 28-427.2 Licensing  and permitting exemptions. Whenever an emergency
     2  exists in this state due to a disaster or act of god, which imperils the
     3  health, safety or welfare of an individual or  individuals  and  placing
     4  such individual or individuals in imminent danger of injury or death and
     5  the number of persons in the state holding licenses granted by the board
     6  is  insufficient  to cope with such emergency, any person certified by a
     7  licensed elevator contractor to have an acceptable combination of  docu-
     8  mented  experience and education to perform elevator work without direct
     9  and immediate supervision shall seek an  emergency  elevator  mechanic's
    10  license from the commissioner within five business days after commencing
    11  work  requiring a license. The commissioner shall issue emergency eleva-
    12  tor mechanic's licenses  to  address  the  emergency  that  exists.  The
    13  licensed  elevator  contractor  shall furnish proof of competency as the
    14  commissioner may require. Each such license  shall  recite  that  it  is
    15  valid  for  a  period of fifteen days from the date thereof and for such
    16  particular elevators or  geographical  areas  as  the  commissioner  may
    17  designate  to  address  the  emergency  and  otherwise shall entitle the
    18  licensee to the rights and privileges of an elevator mechanic's  license
    19  issued in this article. The commissioner shall renew an emergency eleva-
    20  tor  mechanic's  license during the existence of an emergency as needed.
    21  No fee shall be charged for any emergency elevator mechanic's license or
    22  renewal thereof.
    23    § 28-427.3 License renewal. The renewal of all licenses granted  under
    24  the  provisions of this section shall be conditioned upon the submission
    25  of a certificate of completion  of  a  course  designed  to  ensure  the
    26  continuing  education  of licensees on new and existing national, state,
    27  and local conveyances codes and standards and on technology and  techni-
    28  cal  education  and  workplace  safety. Such course shall consist of not
    29  less than eight hours annually and completed preceding any such  license
    30  renewal.  The  commissioner  shall establish requirements for continuing
    31  education and training programs, and shall  approve  such  programs,  as
    32  well as maintain a list of approved programs, which shall be made avail-
    33  able  to  license  applicants, permit applicants, renewal applicants and
    34  other interested parties upon request. The commissioner shall promulgate
    35  rules and regulations setting forth the criteria for  approval  of  such
    36  programs,  the  procedures to be followed in applying for such approval,
    37  and other rules and regulations as the commissioner deems necessary  and
    38  proper to effectuate the purposes of this section.
    39    The  renewal  of  all  licenses  granted  under the provisions of this
    40  section shall be conditioned upon the submission  of  a  certificate  of
    41  completion  of  a  course designed to ensure the continuing education of
    42  licensees on new and existing regulations of the department. Such course
    43  shall consist of not less than eight hours of instruction that shall  be
    44  attended and completed annually prior to any such license renewal.
    45    The  courses  shall  be  taught through continuing education providers
    46  that may include, but shall not be limited to, association seminars, and
    47  labor training programs or programs that deliver an approved apprentice-
    48  ship and are registered with  the  department  or  the  New  York  state
    49  apprenticeship  training  council.  The  commissioner  shall approve the
    50  continuing education providers.
    51    § 28-427.4 Renewal fees. The commissioner shall assess a fee for  each
    52  training  program completion certificate and for each refresher training
    53  program completion certificate, provided,  however,  that  in  no  event
    54  shall  the  cost of such certificates be assessed by the sponsor of such
    55  training program against the participants.

        S. 4080--C                         18

     1    § 28-427.5 Recordkeeping. All instructors shall  be  exempt  from  the
     2  requirements  of  the preceding section with regard to their application
     3  for license renewal provided that such applicant  was  qualified  as  an
     4  instructor  at  any  time  during the one year immediately preceding the
     5  scheduled  date for such renewal. Approved training providers shall keep
     6  uniform records, for a period of six years, of attendance  of  licensees
     7  following  a  format approved by the commissioner and such records shall
     8  be available for inspection by the commissioner at his or  her  request.
     9  Approved training providers shall be responsible for the security of all
    10  attendance  records  and  certificates of completion; provided, however,
    11  that falsifying or knowingly allowing another to falsify such attendance
    12  records or certificates  of  completion  shall  constitute  grounds  for
    13  suspension or revocation of the approval required under this section.
    14    § 28-427.6 Equivalency.  The  commissioner  shall  accept  an elevator
    15  mechanic's license issued to any person over the age of  eighteen  years
    16  by  the state of New York as equivalent to an elevator agency technician
    17  license in cities with populations of one million more,  as  defined  in
    18  this  article,  without  examination,  application or fee, provided that
    19  they register annually with the agency.
    20    § 4. Section 28-304.6.1 of the administrative code of the city of  New
    21  York, as amended by section 61 of part A of local law number 141 for the
    22  year 2013, is amended to read as follows:
    23    §  28-304.6.1  Inspection  and testing entities. The required periodic
    24  inspections in Table N1 shall be made by the department. The other tests
    25  and inspections in Table N1 shall be performed on behalf of the owner by
    26  an approved agency in accordance with this code  and  department  rules.
    27  Where indicated in Table N1, tests and inspections shall be witnessed by
    28  an  approved  agency not affiliated with the agency performing the test,
    29  and not affiliated with the agency performing the elevator  work.    Not
    30  affiliated,  as  used  in  this  section, shall mean the approved agency
    31  owners, directors and inspectors shall be independent  of  all  relative
    32  approved  agencies,  maintenance  firms  or other entities providing any
    33  associated  services  to  the  device  owner.  Such  other   tests   and
    34  inspections shall comply with the timeframes established as follows:
    35    1. Category 1 inspections and tests shall be performed between January
    36  1st  and  December  31st  of each year at a minimal time interval of six
    37  months from the date of the previous  Category  1  testing.  Category  1
    38  tests  are  required  on  new  installations the calendar year following
    39  final acceptance test.
    40    2. Category 3 inspections and tests  for  water  hydraulics  shall  be
    41  performed  every  three  years on or before the anniversary month of the
    42  last Category 3 testing.
    43    3. Category 5 inspections and tests  shall  be  performed  every  five
    44  years on or before the month of the final acceptance test for new eleva-
    45  tors or the anniversary month of the last Category 5 testing.
    46    § 5. This act shall take effect three years after it shall have become
    47  a  law.   Effective immediately, any rules and regulations necessary for
    48  the timely implementation of this act on its  effective  date  shall  be
    49  promulgated on or before such date.
    50    § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
    51  sion,  section  or  part  of  this act shall be adjudged by any court of
    52  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    53  impair,  or  invalidate  the remainder thereof, but shall be confined in
    54  its operation to the clause, sentence, paragraph,  subdivision,  section
    55  or part thereof directly involved in the controversy in which such judg-
    56  ment shall have been rendered. It is hereby declared to be the intent of

        S. 4080--C                         19

     1  the  legislature  that  this  act  would  have been enacted even if such
     2  invalid provisions had not been included herein.
     3    §  4.  This  act shall take effect immediately provided, however, that
     4  the applicable effective date of Parts A through B of this act shall  be
     5  as specifically set forth in the last section of such Parts.
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