Bill Text: NY S04080 | 2019-2020 | General Assembly | Amended
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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: (Passed) 2020-01-01 - APPROVAL MEMO.95 [S04080 Detail]
Download: New_York-2019-S04080-Amended.html
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: (Passed) 2020-01-01 - APPROVAL MEMO.95 [S04080 Detail]
Download: New_York-2019-S04080-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4080--A 2019-2020 Regular Sessions IN SENATE February 27, 2019 ___________ Introduced by Sens. SAVINO, RAMOS, ADDABBO, BAILEY, BOYLE, BRESLIN, BROOKS, FUNKE, GALLIVAN, GIANARIS, GOUNARDES, HOYLMAN, JACKSON, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LITTLE, RIVERA, ROBACH, SALAZAR, SERRANO, SKOUFIS, STAVISKY, 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 AN ACT to amend the labor law and the state finance law, in relation to requiring the licensing of persons engaged in the design, construction, inspection, maintenance, alteration, and repair of elevators and other automated people moving devices (Part A); and to amend the administrative code of the city of New York, in relation to the licensing of approved elevator agency directors, inspectors, and technicians performing elevator work in the city of New York; and to repeal the definition of private elevator inspection agency in section 28-401.3 of the administrative code of the city of New York (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law legislation providing for elevator 2 safety. Each component is wholly contained within a Part identified as 3 Parts A through B. The effective date for each particular provision 4 contained within such Part is set forth in the last section of such 5 Part. Any provision in any section contained within a Part, including 6 the effective date of the Part, which makes reference to a section "of 7 this act", when used in connection with that particular component, shall 8 be deemed to mean and refer to the corresponding section of the Part in 9 which it is found. Section four of this act sets forth the general 10 effective date of this act. 11 § 2. Legislative findings and declaration. The legislature hereby 12 finds that the use of unsafe and defective elevators and other automated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05563-05-9S. 4080--A 2 1 people moving conveyances may expose the public to unsafe conditions and 2 increase the risk of injury. The legislature finds that improper design, 3 construction, maintenance and repair of such conveyances is preventable 4 by requiring proper training of persons employed to perform work on 5 elevators and other automated people moving conveyances and by requiring 6 the licensing of contractors and the certification of individuals 7 involved in elevator and other automated people moving conveyances 8 projects. 9 Nothing in this act is intended to create, expand, diminish, limit, 10 impair, or supersede any rights under current law, rule, or regulation, 11 or resulting from a determination of a court or the national labor 12 relations board with regard to building trades and the work of such 13 building trade. Nor is it intended to abrogate any rights or duties 14 under any contract with regard to building trades and the work of such 15 building trade. 16 PART A 17 Section 1. The labor law is amended by adding a new article 33 to read 18 as follows: 19 ARTICLE 33 20 ELEVATORS AND OTHER CONVEYANCES; LICENSING 21 Section 950. Application. 22 951. Definitions. 23 952. Licensing, permit, registration and compliance require- 24 ments. 25 953. License and permit procedure. 26 954. Qualifications, training and continuing education. 27 955. Powers of the commissioner. 28 956. New York state elevator safety and standards board. 29 957. Exempt persons. 30 § 950. Application. 1. The design, construction, erection, installa- 31 tion, inspection, testing, maintenance, alteration, service, and repair 32 of the following equipment are covered by this article: 33 (a) hoisting and lowering mechanisms equipped with a car or platform 34 which moves between two or more landings. This equipment includes, but 35 is not limited to elevators, platform lifts and non-residential stairway 36 chair lifts; 37 (b) power driven stairways and walkways for carrying persons between 38 landings. This equipment includes, but is not limited to, escalators 39 and moving walks; 40 (c) hoisting and lowering mechanisms equipped with a car, which serves 41 two or more landings and is restricted to the carrying of material by 42 its limited size or limited access to the car. This equipment includes, 43 but is not limited to, dumbwaiters, material lifts, and dumbwaiters with 44 automatic transfer devices as defined in section nine hundred fifty-one 45 of this article; and 46 (d) automatic guided transit vehicles on guideways with an exclusive 47 right of way. This equipments includes, but is not limited to, auto- 48 mated people movers. 49 2. The following equipment is not covered by this article: 50 (a) material hoists; 51 (b) manlifts; 52 (c) mobile scaffolds, towers, and platforms; 53 (d) powered platforms and equipment for exterior and interior mainte- 54 nance;S. 4080--A 3 1 (e) conveyor and related equipment; 2 (f) cranes, derricks, hoists, hooks, jacks and slings; 3 (g) industrial trucks; 4 (h) portable equipment, except for portable escalators; 5 (i) tiering and piling machines used to move materials to and from 6 storage located and operating entirely within one story; 7 (j) equipment for feeding or positioning materials including, but not 8 limited to, machine tools and printing presses; 9 (k) skip or furnace hoists; 10 (l) wharf ramps; 11 (m) railroad car lifts or dumpers; 12 (n) stairway chairlifts for private residences; 13 (o) line jacks, false cars, shafters, moving platforms and similar 14 equipment used for installing an elevator by a contractor licensed in 15 this state. 16 3. The licensing, permitting and certification provisions of this 17 article shall not apply to the owners or lessees of private residences 18 who design, erect, construct, install, alter, repair, service or main- 19 tain conveyances that are located or will be located in such owner or 20 lessee's private residence. However, any person hired to design, erect, 21 construct, install, alter, repair, service, maintain, or perform any 22 other work related to such conveyances must comply with the provisions 23 of this article. 24 4. No license shall be required for the removal or dismantling of 25 conveyances. 26 5. The provisions of this article and the rules adopted pursuant ther- 27 eto shall be the minimum standard required and shall supersede any 28 special law or local ordinance inconsistent therewith, and no local 29 ordinance inconsistent therewith shall be adopted, but nothing herein 30 contained shall prevent the enactment by local law or ordinance of addi- 31 tional requirements and restrictions. 32 6. The provisions of this article shall not apply to cities having a 33 population of one million or more. 34 § 951. Definitions. As used in this article, the following terms shall 35 have the following definitions: 36 1. "Automated people mover" means a guided transit mode with fully 37 automated operation, featuring vehicles that operate on guideways with 38 exclusive right-of-way. 39 2. "Board" means the New York state elevator safety and standards 40 board established by section nine hundred fifty-six of this article. 41 3. "Certificate of operation" means a document issued by the commis- 42 sioner that indicates that the elevator or related conveyance has had 43 the required safety inspection and tests and that the fees required by 44 this article have been paid. 45 4. "Temporary certificate of operation" means a document issued by the 46 commissioner which permits the temporary use of a non-compliant elevator 47 or related conveyance by the general public for a limited time, not to 48 exceed thirty days, while minor repairs are being completed. 49 5. "Conveyance" means any elevator, dumbwaiter, escalator, moving 50 sidewalk, platform lifts, non-residential stairway chairlifts and auto- 51 mated people movers. 52 6. "Dormant elevator, dumbwaiter, or escalator" means an installation 53 placed out of service under the following circumstances: (a) when an 54 installation's power has been disconnected and (i) when an electric 55 elevator, dumbwaiter, or material lift whose suspension ropes have been 56 removed, whose car and counterweight rest at the bottom of the hoistway,S. 4080--A 4 1 and whose hoistway doors have been permanently barricaded or sealed in 2 the closed position on the hoistway side; or (ii) a hydraulic elevator, 3 dumbwaiter, or material lift whose car rests at the bottom of the hoist- 4 way and whose doors are permanently barricaded or sealed; or (iii) an 5 escalator or moving walk whose entrances have been permanently barricad- 6 ed; or (b) as determined by state or local law, code, rule, or regu- 7 lations. 8 7. "Elevator" means a hoisting and lowering mechanism, equipped with a 9 car, that moves within guides and serves two or more landings. 10 8. "Elevator contractor" means, a public corporation, or instrumental- 11 ity of a public corporation, self-employed person, company, unincorpo- 12 rated association, firm, partnership, limited liability company, corpo- 13 ration, or any other entity, or any owner or operator of any of the 14 foregoing entities, who possesses an elevator contractor's license in 15 accordance with the provisions of sections nine hundred fifty-two and 16 nine hundred fifty-three of this article and is engaged in the business 17 of designing, erecting, constructing, installing, altering, repairing, 18 servicing or maintaining elevators or other automated people moving 19 conveyances covered by this article. 20 9. "Elevator helper/apprentice/assistant mechanic" means any person 21 who works under the general direction of a licensed elevator mechanic. 22 10. "Elevator inspector" means any person who possesses an elevator 23 inspector's license in accordance with the provisions of this article. 24 11. "Elevator mechanic" means any person who possesses an elevator 25 mechanic's license in accordance with the provisions of this article. 26 12. "Escalator" means power-driven, inclined, continuous stairway used 27 for raising or lowering passengers. 28 13. "Existing installation" means an installation that has been 29 completed or is under construction prior to the effective date of this 30 article. 31 14. "License" means a license duly issued by the commissioner, author- 32 izing the design, erection, construction, installation, alteration, 33 repair, service, maintenance, or inspection of elevators or other 34 conveyances covered by this article. 35 15. "Elevator contractor's license" means a license which entitles the 36 holder thereof to engage in the business of designing, erecting, 37 constructing, installing, altering, repairing, servicing or maintaining 38 conveyances covered by this article. 39 16. "Elevator inspector's license" means a license which entitles the 40 holder thereof to engage in the business of inspecting or testing 41 conveyances covered by this article. 42 17. "Elevator mechanic's license" means a license which entitles the 43 holder thereof to install, construct, alter, service, repair, test, 44 maintain, and perform work on conveyances or other automated people 45 movers covered by this article. 46 18. "Moving walk/sidewalk" means a type of passenger-carrying device 47 on which passengers stand or walk, and in which the passenger-carrying 48 surface remains parallel to its direction of motion and is uninter- 49 rupted. 50 19. "Permit" means a document issued by the commissioner prior to the 51 commencement of work that permits a conveyance to be erected, 52 constructed, installed, or altered under plans approved by the commis- 53 sioner pursuant to this article. 54 20. "Person" means any natural person.S. 4080--A 5 1 21. "Private residence" means a separate dwelling or a separate apart- 2 ment in a multiple dwelling, which is occupied by members of a single 3 family unit. 4 22. "Repair" means reconditioning or renewal of parts, components, 5 and/or subsystems necessary to keep equipment in compliance with appli- 6 cable code requirements. 7 23. "Alteration" means any change to equipment, including its parts, 8 components, and/or subsystems, other than maintenance, repair, or 9 replacement, but shall not include the professional services of engi- 10 neering or architecture as defined in sections seventy-two hundred one 11 and seventy-three hundred one of the education law. 12 24. "Design" means the act or process of planning the repair, alter- 13 ation or construction of any conveyance, but shall not include the 14 professional services of engineering or architecture as defined in 15 sections seventy-two hundred one and seventy-three hundred one of the 16 education law. 17 25. "Construction" means the act or process of constructing any 18 conveyance. 19 26. "Inspection" means a critical examination, observation or evalu- 20 ation of quality and code compliance of any conveyance. 21 27. "Testing" means a process or trial of operation of any conveyance. 22 28. "Maintenance" means a process of routine examination, lubrication, 23 cleaning, and adjustment of parts, components, and/or subsystems for the 24 purpose of ensuring performance in accordance with any applicable code 25 requirements. 26 29. "Service or servicing" means a service call or other unscheduled 27 visit, not including routine maintenance or a repair, from a licensed 28 elevator mechanic to troubleshoot, adjust or repair an improperly func- 29 tioning or an otherwise shut down conveyance. 30 30. "Temporarily dormant elevator, dumbwaiter, or escalator" means an 31 installation temporarily placed out of service under the following 32 circumstances: (a) (i) when such installation's power supply has been 33 disconnected; and (ii) the car is parked and any doors are closed and 34 latched; and (iii) a wire seal is installed on the mainline disconnect 35 switch by a licensed elevator inspector; or (b) as determined by state 36 or local law, code, rule, or regulation. 37 31. "Erect" means to vertically construct or connect any conveyance or 38 part or system thereof. 39 32. "Installation" means to place or fix any conveyance or part or 40 system thereof, in position for operation. 41 Temporarily dormant installations shall not be used until such instal- 42 lation has been restored to a safe running order and is in condition 43 suitable for use in accordance with all applicable laws, codes, rules 44 and regulations. Such temporarily dormant installation shall be subject 45 to continued inspections for the duration of the "temporarily dormant" 46 status by a licensed elevator inspector. Such inspector shall file a 47 report with the commissioner describing the conditions of such temporar- 48 ily dormant installation. The report shall be filed annually or more or 49 less frequent as determined by the commissioner. "Temporarily dormant" 50 status shall be renewable on an annual basis, but shall not exceed a 51 five-year period. 52 No person shall remove the wire seal and padlock for any purpose with- 53 out the express permission of the elevator inspector. 54 § 952. Licensing, permit, registration and compliance requirements. 1. 55 Except as otherwise provided for in subdivisions three and four of 56 section nine hundred fifty of this article, it shall be a violation ofS. 4080--A 6 1 this article for any elevator contractor to design, erect, construct, 2 install, alter, replace, service, or maintain, any conveyance contained 3 within buildings or structures in this state unless such elevator 4 contractor holds an elevator contractor's license. 5 2. Except as otherwise provided for in subdivisions three and four of 6 section nine hundred fifty of this article, it shall be a violation of 7 this article for any person to wire any conveyance, from the mainline 8 feeder terminals on the controller, in this state unless such person has 9 an elevator mechanic's license and is working under the direct super- 10 vision of a licensed elevator contractor pursuant to this article. No 11 other license shall be required for this work, excluding the installa- 12 tion of branch circuits and wiring terminations for machine room and pit 13 lighting, receptacles and HVAC as described in the NFPA National Elec- 14 tric Code 620.23 and 620.24 as well as fire and heat detectors and 15 alarms, may be performed by a licensed electrical contractor. 16 3. Except as otherwise provided for in subdivision three of section 17 nine hundred fifty of this article, it shall be a violation of this 18 article for any person to inspect or test any conveyance within build- 19 ings or structures unless such person holds an elevator inspector's 20 license. 21 4. 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 elevator contractor to erect, construct, install, 24 or alter conveyances within buildings or structures within this state 25 unless a permit therefor has been issued by the commissioner before work 26 is commenced. No permit shall be issued except to a person holding a 27 valid elevator contractor's license. A copy of such permit shall be kept 28 at the construction site at all times while the work is in progress. An 29 application for a permit under this section with the commissioner shall 30 not be required if an authority having jurisdiction ("AHJ") posts all 31 permits issued to elevator contractors on the AHJ's official website 32 within forty-eight hours of their issuance. The information required to 33 be published must include, at a minimum, the date of issuance, the work 34 covered by the permit, the elevator contractor or contractors involved 35 and location and type of work to be performed. 36 5. Except as otherwise provided in subdivision three of section nine 37 hundred fifty of this article, all new conveyance installations shall be 38 performed by an elevator contractor licensed to install such conveyance. 39 Subsequent to installation, the elevator contractor must certify compli- 40 ance to the commissioner with the applicable sections of this article as 41 well as any other applicable law, rule, regulation or code. Prior to 42 such conveyances being used, the property owner or lessee must obtain a 43 certificate of operation from the commissioner. A fee, as set forth in 44 this article, shall be paid for such certificate of operation, however, 45 no such fee shall be required for conveyances in private residences. It 46 is the responsibility of the licensed elevator contractor to complete 47 and submit registrations for new installations. A certificate of opera- 48 tion shall be valid for one year, except for certificates issued for 49 platform lifts for private residences, which shall be valid for a period 50 of three years. Certificates of operation must be clearly and conspicu- 51 ously displayed on, in or around each conveyance and be accessible to 52 the state or locality inspecting or enforcing any applicable law, rule, 53 regulation or code. An application for a certificate of operation under 54 this section with the commissioner shall not be required if an authority 55 having jurisdiction ("AHJ") posts all certificates of operation issued 56 to a building owner on the AHJ's official website within forty-eightS. 4080--A 7 1 hours of their issuance. The information required to be published must 2 include, at a minimum, the date of issuance, the unit subject to the 3 certificate of operation, the name and address of the building owner, 4 and the address of the unit. 5 6. Except as otherwise provided in subdivision three of section nine 6 hundred fifty of this article, the certificate of operation for newly 7 installed platform lifts for private residences shall be issued only 8 subsequent to an inspection by a licensed third party inspection firm. 9 The certificate of operation fee for all new and existing platform lifts 10 for private residences and any renewal certificate fees are hereby 11 waived. The inspection of private residence platform lifts shall be done 12 at the request and consent of the private residence's owner or lessees. 13 7. It shall be the responsibility of licensees to ensure that the 14 installation, service or maintenance of conveyances is performed in 15 compliance with existing state and local building and maintenance codes. 16 § 953. License and permit procedure. All applications for elevator 17 contractor's, elevator mechanic's, and elevator inspector's licenses and 18 required permits shall be submitted to the department in writing on 19 forms furnished by the commissioner and shall contain the information 20 set forth in this section as well as any additional information that the 21 commissioner may require. The commissioner shall also set fees for 22 licensing and permitting under this section. 23 1. Applications for licenses. Every application for a license under 24 this article shall include the following: 25 (a) the name, residence address and business address of the applicant; 26 (b) the number of years the applicant has engaged in the business or 27 practice of designing, constructing, erecting, installing, inspecting, 28 testing, repairing, altering, maintaining, or servicing conveyances 29 covered by this article; 30 (c) the approximate number of persons, if any, to be employed by the 31 applicant for an elevator contractor's license; 32 (d) evidence that the applicant is or will be covered by general 33 liability, personal injury and property damage insurance; and 34 (e) any other information which the commissioner may require. 35 Upon approval of an application for a license the commissioner shall 36 issue such license which shall be valid for two years. The fees for such 37 license and renewal thereof shall be set by the commissioner. Any denial 38 for such application shall set forth the reasons therefor. 39 2. Application for permits. Every application for a permit under this 40 article shall include plans and specifications stamped and signed by a 41 professional engineer and/or an architect licensed pursuant to article 42 one hundred forty-five and/or article one hundred forty-seven of the 43 education law. Every application for a permit under this article shall 44 include the following: 45 (a) copies of the specifications and accurately scaled and fully 46 dimensioned plans showing the location of the installation in relation 47 to the plans and elevation of the building; 48 (b) the location of the machinery room and the equipment to be 49 installed, relocated or altered; 50 (c) all structural supporting members thereof, including foundations; 51 (d) a list of all materials to be employed and all loads to be 52 supported and conveyed; 53 (e) any other information that the commissioner may require to ensure 54 that such plans and specifications are sufficiently complete and illus- 55 trate all details of construction and design;S. 4080--A 8 1 (f) any required permitting fees, which are subject to return upon 2 denial of a permit application; and 3 (g) the department shall maintain and publish a registry of all 4 licensed elevator mechanics, contractors and inspectors, which shall 5 list and identify, all licensed elevator mechanics, contractors, and 6 inspectors doing business in this state. The department shall make the 7 registry available on its website. 8 Upon approval of an application for a permit the commissioner shall 9 issue such permit. Such permit shall state the time by which the work 10 shall commence and also when such permit expires. If after the work has 11 been started, work is suspended or abandoned for a period of sixty days, 12 or such shorter period of time as the commissioner may specify at the 13 time the permit is issued, the permit shall expire. Upon expiration of 14 a permit for which work has not been completed, the commissioner may 15 extend such permit. 16 3. Licensing and permitting exemptions. Whenever an emergency exists 17 in this state due to a disaster or act of God, which imperils the 18 health, safety or welfare of an individual or individuals and placing 19 such individual or individuals in imminent danger of injury or death and 20 the number of persons in the state holding licenses granted by the board 21 is insufficient to cope with such emergency, any person certified by a 22 licensed elevator contractor to have an acceptable combination of docu- 23 mented experience and education to perform elevator work without direct 24 and immediate supervision shall seek an emergency elevator mechanic's 25 license from the commissioner within five business days after commencing 26 work requiring a license. The commissioner shall issue emergency eleva- 27 tor mechanic's licenses to address the emergency that exists. The 28 licensed elevator contractor shall furnish proof of competency as the 29 commissioner may require. Each such license shall recite that it is 30 valid for a period of fifteen days from the date thereof and for such 31 particular elevators or geographical areas as the commissioner may 32 designate to address the emergency situation and otherwise shall entitle 33 the licensee to the rights and privileges of an elevator mechanic's 34 license issued in this article. The commissioner shall renew an emer- 35 gency elevator mechanic's license during the existence of an emergency 36 as needed. No fee shall be charged for any emergency elevator mechanic's 37 license or renewal thereof. 38 4. Restricted license. A restricted class of lift mechanic license 39 shall be known as "accessibility technician". Such class of license 40 shall be restricted to performing work involving platform lifts includ- 41 ing those installed in private residences which are covered by the 42 provisions of ASME (American society of mechanical engineer) codes and 43 standards A18.1-2005. An applicant for such restricted license shall 44 complete an application approved by the board and shall have at least 45 three years verified work experience in constructing, maintaining and 46 repairing those lifts covered by ASME A18.1-2005 and shall provide to 47 the commissioner a certificate of completion of an accessibility train- 48 ing program for lifts under the scope of A18.1-2005 such as the certi- 49 fied accessibility training provided by the national association of 50 elevator contractors, or an equivalent program as deemed by the depart- 51 ment. 52 § 954. Qualifications, training and continuing education. 1. No 53 license shall be granted to any person who has not paid the required 54 application fee and demonstrated his or her qualifications and abili- 55 ties. Applicants for a mechanic's license must demonstrate one of the 56 following qualifications:S. 4080--A 9 1 (a) acceptable proof that he or she has worked on elevator 2 construction, maintenance or repair with direct and immediate super- 3 vision in this state for a period of not less than four years immediate- 4 ly prior to the effective date of this article, provided that such 5 applicant shall file such application within one year of release and 6 access to the licensing application as defined in this article; or 7 (b) a certificate of successful completion of the joint apprentice and 8 training committee of the elevator industry of local 3, IBEW, EE divi- 9 sion training program or an apprenticeship program for elevator mechan- 10 ics, having standards substantially equal to those of this chapter, and 11 registered with the bureau of apprenticeship and training, U.S. depart- 12 ment of labor or a state apprenticeship council; or 13 (c) industry educational program, The National Association of Elevator 14 Contractors (NAEC) Certified Elevator Technician (CET), or their equiv- 15 alent; or 16 (d) The commissioner shall upon application and without examination, 17 issue a license to any person over the age of eighteen years who has 18 been duly licensed by any other state of the United States to engage in 19 the business of construction, operation, inspection, maintenance, alter- 20 ation and repair of elevators as verified by current and previous 21 employers, upon compliance with standards and requirements not lower, in 22 the judgement of the commissioner than those of this state, provided, 23 however, that such state extends the same reciprocity to the licensees 24 of this state. Such application shall be accompanied by the required 25 license fee. 26 2. Applicants for an elevator contractor's license must demonstrate to 27 the commissioner that such elevator contractor employs licensed elevator 28 mechanics who perform the work described in section nine hundred fifty 29 of this article and have proof of compliance with the insurance require- 30 ments set forth in paragraph (d) of subdivision one of section nine 31 hundred fifty-three of this article. 32 3. Applicants for an elevator inspector's license must demonstrate to 33 the satisfaction of the commissioner that such applicant meets or 34 exceeds applicable standards such as a Qualified Elevator Inspector 35 (QEI) or its equivalent. Private elevator inspectors shall maintain the 36 same insurance requirements as an elevator contractor. 37 4. (a) The renewal of all licenses granted under the provisions of 38 this subdivision shall be conditioned upon the submission of a certif- 39 icate of completion of a course designed to ensure the continuing educa- 40 tion of licensees on new and existing national, state, and local convey- 41 ances codes and standards and on technology and technical education and 42 workplace safety. Such course shall consist of not less than eight 43 contact hours (.8 CEU) annually and completed preceding any such license 44 renewal. The commissioner shall establish requirements for continuing 45 education and training programs, and shall approve such programs, as 46 well as maintain a list of approved programs which shall be made avail- 47 able to license applicants, permit applicants, renewal applicants and 48 other interested parties upon request. The commissioner shall promulgate 49 rules and regulations setting forth the criteria for approval of such 50 programs, the procedures to be followed in applying for such approval, 51 and other rules and regulations as the commissioner deems necessary and 52 proper to effectuate the purposes of this section. 53 (b) The commissioner shall assess a fee for each training program 54 completion certificate and for each refresher training program 55 completion certificate provided, however, that in no event shall theS. 4080--A 10 1 cost of such certificates be assessed by the sponsor of such training 2 program against the participants. 3 5. The renewal of all licenses granted under the provisions of this 4 section shall be conditioned upon the submission of a certificate of 5 completion of a course designed to ensure the continuing education of 6 licensees on new and existing regulations of the department. Such course 7 shall consist of not less than eight contact hours (.8 CEU) of instruc- 8 tion that shall be attended and completed annually prior to any such 9 license renewal. 10 The courses shall be taught through continuing education providers 11 that may include, but shall not be limited to, association seminars, and 12 labor training programs or programs that deliver an approved apprentice- 13 ship and are registered with the department or the New York state 14 apprenticeship training council. The commissioner shall approve the 15 continuing education providers. All instructors shall be exempt from the 16 requirements of the preceding paragraph with regard to their application 17 for license renewal provided that such applicant was qualified as an 18 instructor at any time during the one year immediately preceding the 19 scheduled date for such renewal. 20 Approved training providers shall keep uniform records, for a period 21 of six years, of attendance of licensees following a format approved by 22 the commissioner and such records shall be available for inspection by 23 the commissioner at his or her request. Approved training providers 24 shall be responsible for the security of all attendance records and 25 certificates of completion; provided, however, that falsifying or know- 26 ingly allowing another to falsify such attendance records or certif- 27 icates of completion shall constitute grounds for suspension or revoca- 28 tion of the approval required under this section. 29 § 955. Powers of the commissioner. 1. The commissioner shall have the 30 authority to inspect, or cause to be inspected, ongoing or completed 31 conveyances projects and to conduct an investigation thereof upon the 32 commissioner's own initiation or upon receipt of a complaint by any 33 person or entity. However, nothing in this subdivision shall permit the 34 commissioner to enter a private residence. 35 2. If, upon receipt of a complaint alleging a violation of this arti- 36 cle, the commissioner reasonably believes that such violation exists, he 37 or she shall investigate as soon as practicable to determine if such 38 violation exists. If the commissioner determines that no violation or 39 danger exists, the commissioner shall inform the complaining person or 40 entity. 41 3. If, upon investigation, the commissioner determines that the 42 alleged violation exists, the commissioner may deliver to such owner or 43 elevator contractor or his or her agent or representative a written 44 order to cure such violation and may order that their permit to work on 45 such installation, repair or maintenance project shall be suspended 46 until such violation is cured. Such order shall specifically enumerate 47 the violations which constitute the basis of the order to cure or order 48 of suspension and shall specify the corrective action to be taken. The 49 commissioner may allow the permit to toll during the time of such order. 50 4. Upon receipt of a written notice from the elevator contractor, or 51 his or her agent or representative, that such violation has been 52 corrected, the commissioner shall, within ten days, issue a determi- 53 nation as to whether such order to cure has been satisfied and such 54 order of suspension, if any, shall be lifted. If the commissioner deter- 55 mines that the order to cure has not been satisfied he or she may 56 continue such order for a reasonable period of time upon the consent ofS. 4080--A 11 1 the contractor, or his or her agent or representative. If the commis- 2 sioner does not continue the order, or if the contractor, or his or her 3 agent or representative does not consent to such continuation, the 4 contractor shall have the right to a hearing to determine if such order 5 shall be lifted. Any entity or contractor who may be adversely affected 6 by a notice, suspension, or determination issued under this section may 7 commence a proceeding pursuant to article seventy-eight of the civil 8 practice law and rules. 9 5. The commissioner may, after a notice and hearing, suspend or revoke 10 a license issued under this article based on any of the following 11 violations: 12 (a) any false statement as to a material matter in the application; 13 (b) fraud, or misrepresentation, in securing a license; 14 (c) failure to notify the commissioner and the owner or lessee of a 15 conveyance of any condition not in compliance with this article; 16 (d) a violation of section nine hundred fifty-two of this article; or 17 (e) a finding by the commissioner that a contractor has violated this 18 article or any rule or regulation promulgated thereunder twice within a 19 period of three years, or that a contractor has violated a provision of 20 this article and such violation resulted in a serious threat to the 21 health or safety of an individual or individuals. The commissioner may, 22 in addition to ordering that such contractor's license be revoked, bar 23 such individual from being eligible to reapply for such license for a 24 period not to exceed two years. 25 6. The commissioner may, after notice and hearing, revoke a permit 26 issued under this article based on any of the following violations: 27 (a) any false statements or misrepresentation as to a material fact in 28 the application, plans, or specifications on which the permit was based; 29 (b) any application which by omission or mistake fails to comply with 30 the requirements of this article; 31 (c) any failure to perform work in accordance with the provisions of 32 the application, plans or specifications or with the requirements of 33 this article or conditions of the permit; 34 (d) a failure by the owner or elevator contractor to whom the permit 35 was issued to comply with an order issued pursuant to subdivision four 36 of this section; or 37 (e) a finding by the commissioner that an individual or contractor who 38 has been issued a permit has violated any provision under section nine 39 hundred fifty-two of this article. 40 7. (a) Except as provided in paragraph (b) of this subdivision, if the 41 commissioner finds, after notice and hearing, that an individual has 42 violated any provision of this article, he or she may impose a civil 43 penalty not to exceed one thousand dollars for each such violation. Upon 44 a second or subsequent violation within three years of the determination 45 of a prior violation, the commissioner may impose a civil penalty not to 46 exceed two thousand dollars. 47 (b) The penalty provided for in paragraph (a) of this subdivision may 48 be increased to an amount not to exceed five thousand dollars if the 49 violation resulted in a serious threat to the health or safety of an 50 individual or individuals. 51 8. Any entity or contractor who may be adversely affected by an order 52 issued under this section may commence a proceeding pursuant to article 53 seventy-eight of the civil practice law and rules. 54 9. The commissioner may bring an action in a court of competent juris- 55 diction to enjoin any conduct that violates the provisions of this arti- 56 cle.S. 4080--A 12 1 10. The commissioner may promulgate rules and regulations necessary to 2 carry out and effectuate the provisions of this article. 3 § 956. New York state elevator safety and standards board. 1. An 4 elevator safety and standards board is hereby created, to consist of 5 nine members. The governor, the temporary president of the senate, and 6 the speaker of the assembly shall each appoint three members. The gover- 7 nor's appointees shall be comprised of a representative of a major 8 elevator manufacturing company, an elevator inspector and a building 9 owner, manager or representative; the temporary president of the 10 senate's appointees shall be comprised of an elevator servicing company, 11 an elevator architectural designer or consultant, and an individual from 12 an elevator industry association; the speaker of the assembly's appoint- 13 ees shall be comprised of an elevator contractor employee labor union, 14 an elevator mechanic, and a fire marshal. The commissioners of health, 15 labor, education, and economic development or their designees shall be 16 ex-officio members. The board shall meet on an as needed basis to advise 17 the commissioner on the implementation of this article. The board shall 18 elect a chairperson to serve for the term of their appointment to the 19 board. The board shall prepare an annual report for the governor and 20 the legislature, copies of which shall be sent to the commissioners of 21 health, education, economic development, and labor. 22 2. The first member appointed by the governor, the temporary president 23 of the senate, and the speaker of the assembly shall have a term of one 24 year; the second member appointed by each shall have a term of two years 25 and the remaining members shall have a term of three years. Each of such 26 appointed members shall hold office for the term for which such member 27 was appointed and until his or her successor shall have been appointed 28 or until he or she shall resign. The term of office of all successor 29 members shall be three years. The members shall serve without salary or 30 compensation, but shall be reimbursed for necessary expenses incurred in 31 the performance of their duties. 32 3. The board may consult with engineering authorities and organiza- 33 tions concerned with standard safety codes, rules and regulations 34 governing the operation, maintenance, servicing, construction, alter- 35 ation, installation, and inspection of conveyances and the adequate, 36 reasonable, and necessary qualifications of elevator mechanics, contrac- 37 tors, and inspectors. 38 4. The duties of the board are as follows: 39 (a) assist the commissioner and the department in establishing the 40 state regulations for equipment covered by this article; 41 (b) develop recommendations for an enforcement program which will 42 ensure compliance with the regulations and requirements promulgated by 43 the commissioner pursuant to this article; 44 (c) assist the commissioner in granting exceptions and variances from 45 the literal requirements of the applicable code and standards, regu- 46 lations, and local legislation, in cases where such variances would not 47 jeopardize the public safety and welfare; 48 (d) assist the commissioner in setting fee schedules for licenses, 49 permits, and inspections. The fees shall reflect the actual costs and 50 expenses to conduct the duties as described in this article; and 51 (e) assist the commissioner in any and all things necessary or conven- 52 ient to the commissioner's duty to carry out the purposes of this arti- 53 cle. 54 § 957. Exempt persons. This article shall not be construed to apply to 55 the practice, conduct, activities, or services by a person licensed to 56 practice architecture within this state pursuant to article one hundredS. 4080--A 13 1 forty-seven of the education law or engineering within this state pursu- 2 ant to article one hundred forty-five of the education law. 3 § 2. The state finance law is amended by adding a new section 97-ssss 4 to read as follows: 5 § 97-ssss. Elevator and related conveyances safety program account. 6 1. There is hereby established in the custody of the state comptroller 7 the elevator and related conveyances safety program account. 8 2. Such fund shall consist of moneys collected pursuant to the 9 provisions of article thirty-three of the labor law. 10 3. Moneys of the fund shall be available to the commissioner of labor 11 for purposes of offsetting the costs incurred by the commissioner of 12 labor for the administration of article thirty-three of the labor law, 13 including the administration of elevator and related conveyances safety 14 programs, the administration of licenses and permits, and the adminis- 15 tration of certificates of operation as set forth in such article thir- 16 ty-three. 17 4. The moneys shall be paid out of the fund on the audit and warrant 18 of the comptroller on vouchers certified or approved by the commissioner 19 or his or her designee. 20 5. Notwithstanding the provisions of any general or special law, no 21 moneys shall be available from the fund until a certificate of allo- 22 cation and a schedule of amounts to be available therefor shall have 23 been issued by the director of the budget, and a copy of such certif- 24 icate filed with the comptroller. Such certificate may be amended from 25 time to time by the director of the budget and a copy of each such 26 amendment shall be filed with the comptroller. 27 § 3. This act shall take effect on the one hundred eightieth day after 28 it shall have become a law, provided, however, that effective immediate- 29 ly, the addition, amendment and/or repeal of any rules or regulations 30 necessary for the implementation of this act on its effective date, and 31 the appointment of the New York state elevator safety and standards 32 board, are authorized and directed to be established, made and completed 33 on or before such effective date. 34 PART B 35 Section 1. The undesignated paragraph subtitled "private elevator 36 inspection agency" of section 28-401.3 of the administrative code of the 37 city of New York is REPEALED and three new undesignated paragraphs are 38 added following the undesignated paragraph subtitled "direct employ" to 39 read as follows: 40 ELEVATOR AGENCY. An approved agency authorized by the commissioner to 41 perform elevator work and to inspect and test elevators, escalators and 42 other conveying equipment regulated by this code. 43 ELEVATOR AGENCY HELPER. An individual having required qualifications 44 to perform elevator work, as defined in this chapter, under the direct 45 and continuing supervision of an elevator agency director, and in the 46 presence of a licensed elevator agency technician. 47 ELEVATOR WORK. Alteration, assembly, installation, maintenance, 48 repair, replacement and modernization work, as defined by ASME A17.1 as 49 modified by appendix K of the New York city building code, performed on 50 conveyances regulated by this code or other applicable laws or rules. 51 Elevator work does not include material hoists, platform lifts, stair 52 chair lifts, or personnel hoists. 53 § 2. Articles 421 and 422 of chapter 4 of title 28 of the administra- 54 tive code of the city of New York, as added by section 91 of part A ofS. 4080--A 14 1 local law number 141 of the city of New York for the year 2013, are 2 amended to read as follows: 3 ARTICLE 421 4 [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE 5 § 28-421.1 [Private elevator inspection] Elevator agency director 6 license required. [Only private elevator inspection agencies may] It 7 shall be unlawful to perform elevator work as defined by this chapter or 8 perform and/or witness inspections and tests or enter into contracts 9 pursuant to article 304 of chapter 3 of this code unless licensed pursu- 10 ant to this article. Each [such] elevator agency shall designate one 11 director in responsible charge who shall be licensed pursuant to this 12 article. The designated director in responsible charge shall be in the 13 direct employ of the agency and shall supervise all the operations of 14 the agency. All elevator work shall be performed by individuals who are 15 under the direct and continuing supervision of the elevator agency 16 director as defined in section 28-401.3 of this chapter. All elevator 17 work performed by such agency pursuant to article 304 of chapter 3 of 18 this code shall be performed by or [under the direct and continuing19supervision of the designated director in responsible charge] in the 20 presence of a licensed elevator agency director or technician. 21 § 28-421.1.1 Additional directors. In addition to the designated 22 director in responsible charge, the agency may have other individuals in 23 its employ who may be issued [private] elevator [inspection] agency 24 director licenses pursuant to this article. [Notwithstanding any other25provision of this chapter, such individuals may only perform inspections26or other work pursuant to article 304 of chapter 3 of this code under27the direct and continuing supervision of the designated director in28responsible charge.] 29 § 28-421.2 Qualifications. All applicants for [a private] an elevator 30 [inspection] agency director license shall submit satisfactory proof 31 establishing that the applicant has satisfactorily completed, within two 32 years prior to the date of application, a course that is at least thirty 33 hours in length and approved by the United States department of labor 34 and the occupational safety and health administration in general indus- 35 try training; and also satisfies one of the following: 36 1. Has at least ten years of practical experience in the supervision 37 of the assembly, installation, maintenance, repair, design or inspection 38 of elevators within the fifteen years prior to application; or 39 2. Is an engineer or architect and has at least five years experience 40 in the supervision of the assembly, installation, maintenance, repair, 41 review and approval of design documents or inspection of elevators with- 42 in the seven years prior to application. 43 § 28-421.3 [Director restriction] Restriction. Each [private] eleva- 44 tor [inspection] agency director shall supervise and perform elevator 45 work or inspections and tests pursuant to article 304 of chapter 3 of 46 this code for only one [private] elevator [inspection] agency, and shall 47 not inspect and/or test elevators or perform elevator work on related 48 devices as an inspector [or], director or elevator agency helper for any 49 other [private] elevator [inspection] agency. 50 § 28-421.4 Place of business. Every licensed [private] elevator 51 [inspection] agency shall have a place of business within the city in 52 conformance with department rules and regulations. 53 ARTICLE 422 54 [PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE 55 § 28-422.1 [Private elevator inspection agency] Elevator agency 56 inspector license required. [Individuals who] It shall be unlawful toS. 4080--A 15 1 witness and/or perform inspections and tests on behalf of [a private] an 2 elevator [inspection] agency pursuant to article 304 of chapter 3 of 3 this code [shall be] unless licensed pursuant to this article. Licensed 4 inspectors shall perform such work under the direct and continuing 5 supervision of a designated director in responsible charge licensed 6 pursuant to article 421 of this chapter. 7 § 28-422.2 Qualifications. [Applicants] All applicants for [a private] 8 an elevator agency inspector license shall submit satisfactory proof 9 establishing that the applicant has satisfactorily completed, within two 10 years prior to the date of application, a course that is at least ten 11 hours in length and approved by the United States department of labor 12 and the occupational safety and health administration in general indus- 13 try standards; and also satisfies the following: 14 1. Has at least seven years of practical experience in the [assembly,15installation, repair, design, or] inspection of elevators, or as an 16 elevator mechanic within the ten years prior to application. 17 § 28-422.3 [Inspector restriction] Restriction. Each [private] eleva- 18 tor [inspection] agency inspector shall perform work pursuant to article 19 304 of chapter 3 of this code for only one [private] elevator 20 [inspection] agency, and shall not witness and/or perform inspections 21 and/or test elevators or related devices as an inspector, technician or 22 director for any other [private] elevator [inspection] agency. 23 § 3. Chapter 4 of title 28 of the administrative code of the city of 24 New York is amended by adding three new articles 425, 426 and 427 to 25 read as follows: 26 ARTICLE 425 27 ELEVATOR AGENCY TECHNICIAN LICENSE 28 § 28-425.1 Elevator agency technician license required. It shall be 29 unlawful to perform elevator work as defined in this chapter, unless 30 that work is performed by or under the direction of an elevator agency 31 technician and under the supervision of a designated director of an 32 elevator agency licensed pursuant to article 421 of this chapter. 33 § 28-425.2 Restricted elevator agency technician license. A restricted 34 class of lift mechanic license shall be known as "accessibility techni- 35 cian". Such class of license shall be restricted to performing work 36 involving platform lifts including those installed in private residences 37 which are covered by the provisions of ASME (American society of mechan- 38 ical engineers) codes and standards A18.1-2005. An applicant for such 39 restricted license shall complete an application approved by the board 40 and shall have at least three years verified work experience in 41 constructing, maintaining and repairing those lifts covered by ASME 42 A18.1-2005 and shall provide to the commissioner a certificate of 43 completion of an accessibility training program for lifts under the 44 scope of A18.1-2005 such as the certified accessibility training 45 provided by the national association of elevator contractors, or an 46 equivalent program as deemed by the department. 47 § 28-425.3 Qualifications. All applicants for an elevator agency tech- 48 nician's license shall submit satisfactory proof establishing that the 49 applicant has satisfactorily completed, within two years prior to the 50 date of application, a course that is at least ten hours in length and 51 approved by the United States department of labor and the occupational 52 safety and health administration in general industry training; and also 53 satisfies one of the following qualifications: 54 1. Acceptable proof that he or she has worked on elevator 55 construction, maintenance or repair with direct and immediate super- 56 vision in this state for a period of not less than four years immediate-S. 4080--A 16 1 ly prior to the effective date of this article, provided that such 2 applicant shall file such application within one year of release and 3 access to the licensing application as defined in this article; or 4 2. Successful completion of a training program of at least four years 5 for elevator maintenance, installation or repair, registered with the 6 bureau of apprenticeship and training, United States department of labor 7 or a New York state apprenticeship council, including but not limited to 8 the national elevator industry elevator educational program; or 9 3. A certificate of successful completion and successfully passing the 10 mechanic examination of a nationally recognized training program for the 11 elevator industry including, but not limited to, the national elevator 12 industry educational program or its equivalent; or 13 4. A certificate of successful completion of the joint apprentice and 14 training committee of the elevator industry of local 3, IBEW, EE divi- 15 sion training program or an apprenticeship program for elevator mechan- 16 ics, having standards substantially equal to those of this chapter, and 17 registered with the bureau of apprenticeship and training, U.S. depart- 18 ment of labor or a state apprenticeship council. 19 No licensing fees shall be charged to any individual who holds a New 20 York state elevator mechanics license and seeks a New York city elevator 21 technicians license. 22 ARTICLE 426 23 ELEVATOR AGENCY HELPER 24 § 28-426.1 Qualifications. The agency may, by rule, establish quali- 25 fications for elevator agency helpers. 26 ARTICLE 427 27 PERMITS 28 § 28-427.1 Applications and permits. All applications/permits issued 29 to elevator contractors shall appear on the department of buildings 30 website within forty-eight hours of issuance. The information required 31 to be published must include, at a minimum, the date of issuance, the 32 work covered by the permit, the elevator contractor or contractors 33 involved and location and type of work to be performed. The department 34 shall maintain and publish a registry of all licensed elevator agency 35 helpers, technicians, and inspectors, which shall list and identify, all 36 licensed elevator agency helpers, technicians, and inspectors, doing 37 business in the city of New York. The department shall make the registry 38 available on its website. 39 § 28-427.2 Licensing and permitting exemptions. Whenever an emergency 40 exists in this state due to a disaster or act of god, which imperils the 41 health, safety or welfare of an individual or individuals and placing 42 such individual or individuals in imminent danger of injury or death and 43 the number of persons in the state holding licenses granted by the board 44 is insufficient to cope with such emergency, any person certified by a 45 licensed elevator contractor to have an acceptable combination of docu- 46 mented experience and education to perform elevator work without direct 47 and immediate supervision shall seek an emergency elevator mechanic's 48 license from the commissioner within five business days after commencing 49 work requiring a license. The commissioner shall issue emergency eleva- 50 tor mechanic's licenses to address the emergency that exists. The 51 licensed elevator contractor shall furnish proof of competency as the 52 commissioner may require. Each such license shall recite that it is 53 valid for a period of fifteen days from the date thereof and for suchS. 4080--A 17 1 particular elevators or geographical areas as the commissioner may 2 designate to address the emergency and otherwise shall entitle the 3 licensee to the rights and privileges of an elevator mechanic's license 4 issued in this article. The commissioner shall renew an emergency eleva- 5 tor mechanic's license during the existence of an emergency as needed. 6 No fee shall be charged for any emergency elevator mechanic's license or 7 renewal thereof. 8 § 28-427.3 License renewal. The renewal of all licenses granted under 9 the provisions of this section shall be conditioned upon the submission 10 of a certificate of completion of a course designed to ensure the 11 continuing education of licensees on new and existing national, state, 12 and local conveyances codes and standards and on technology and techni- 13 cal education and workplace safety. Such course shall consist of not 14 less than eight hours annually and completed preceding any such license 15 renewal. The commissioner shall establish requirements for continuing 16 education and training programs, and shall approve such programs, as 17 well as maintain a list of approved programs, which shall be made avail- 18 able to license applicants, permit applicants, renewal applicants and 19 other interested parties upon request. The commissioner shall promulgate 20 rules and regulations setting forth the criteria for approval of such 21 programs, the procedures to be followed in applying for such approval, 22 and other rules and regulations as the commissioner deems necessary and 23 proper to effectuate the purposes of this section. 24 The renewal of all licenses granted under the provisions of this 25 section shall be conditioned upon the submission of a certificate of 26 completion of a course designed to ensure the continuing education of 27 licensees on new and existing regulations of the department. Such course 28 shall consist of not less than eight hours of instruction that shall be 29 attended and completed annually prior to any such license renewal. 30 The courses shall be taught through continuing education providers 31 that may include, but shall not be limited to, association seminars, and 32 labor training programs or programs that deliver an approved apprentice- 33 ship and are registered with the department or the New York state 34 apprenticeship training council. The commissioner shall approve the 35 continuing education providers. 36 § 28-427.4 Renewal fees. The commissioner shall assess a fee for each 37 training program completion certificate and for each refresher training 38 program completion certificate, provided, however, that in no event 39 shall the cost of such certificates be assessed by the sponsor of such 40 training program against the participants. 41 § 28-427.5 Recordkeeping. All instructors shall be exempt from the 42 requirements of the preceding section with regard to their application 43 for license renewal provided that such applicant was qualified as an 44 instructor at any time during the one year immediately preceding the 45 scheduled date for such renewal. Approved training providers shall keep 46 uniform records, for a period of six years, of attendance of licensees 47 following a format approved by the commissioner and such records shall 48 be available for inspection by the commissioner at his or her request. 49 Approved training providers shall be responsible for the security of all 50 attendance records and certificates of completion; provided, however, 51 that falsifying or knowingly allowing another to falsify such attendance 52 records or certificates of completion shall constitute grounds for 53 suspension or revocation of the approval required under this section. 54 § 28-427.6 Equivalency. The commissioner shall accept an elevator 55 mechanic's license issued to any person over the age of eighteen years 56 by the state of New York as equivalent to an elevator agency technicianS. 4080--A 18 1 license in cities with populations of one million more, as defined in 2 this article, without examination or application. 3 § 4. Section 28-304.6.1 of the administrative code of the city of New 4 York, as amended by section 61 of part A of local law number 141 for the 5 year 2013, is amended to read as follows: 6 § 28-304.6.1 Inspection and testing entities. The required periodic 7 inspections in Table N1 shall be made by the department. The other tests 8 and inspections in Table N1 shall be performed on behalf of the owner by 9 an approved agency in accordance with this code and department rules. 10 Where indicated in Table N1, tests and inspections shall be witnessed by 11 an approved agency not affiliated with the agency performing the test, 12 and not affiliated with the agency performing the elevator work. Not 13 affiliated, as used in this section, shall mean the approved agency 14 owners, directors and inspectors shall be independent of all relative 15 approved agencies, maintenance firms or other entities providing any 16 associated services to the device owner. Such other tests and 17 inspections shall comply with the timeframes established as follows: 18 1. Category 1 inspections and tests shall be performed between January 19 1st and December 31st of each year at a minimal time interval of six 20 months from the date of the previous Category 1 testing. Category 1 21 tests are required on new installations the calendar year following 22 final acceptance test. 23 2. Category 3 inspections and tests for water hydraulics shall be 24 performed every three years on or before the anniversary month of the 25 last Category 3 testing. 26 3. Category 5 inspections and tests shall be performed every five 27 years on or before the month of the final acceptance test for new eleva- 28 tors or the anniversary month of the last Category 5 testing. 29 § 5. This act shall take effect three years after it shall have become 30 a law. Effective immediately, any rules and regulations necessary for 31 the timely implementation of this act on its effective date shall be 32 promulgated on or before such date. 33 § 3. Severability clause. If any clause, sentence, paragraph, subdivi- 34 sion, section or part of this act shall be adjudged by any court of 35 competent jurisdiction to be invalid, such judgment shall not affect, 36 impair, or invalidate the remainder thereof, but shall be confined in 37 its operation to the clause, sentence, paragraph, subdivision, section 38 or part thereof directly involved in the controversy in which such judg- 39 ment shall have been rendered. It is hereby declared to be the intent of 40 the legislature that this act would have been enacted even if such 41 invalid provisions had not been included herein. 42 § 4. This act shall take effect immediately provided, however, that 43 the applicable effective date of Parts A through B of this act shall be 44 as specifically set forth in the last section of such Parts.
