Bill Text: NY S04080 | 2019-2020 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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--B
            Cal. No. 728

                               2019-2020 Regular Sessions

                    IN SENATE

                                    February 27, 2019
                                       ___________

        Introduced  by  Sens.  SAVINO,  RAMOS,  ADDABBO, BAILEY, BOYLE, BRESLIN,
          BROOKS, FUNKE, GALLIVAN, GAUGHRAN, GIANARIS, GOUNARDES, HOYLMAN, JACK-
          SON, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LITTLE, ORTT, 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 -- 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

        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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05563-07-9

        S. 4080--B                          2

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

    20                                   PART A

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

        S. 4080--B                          3

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

        S. 4080--B                          4

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

        S. 4080--B                          5

     1  constructed, installed, or altered under plans approved by  the  commis-
     2  sioner pursuant to this article.
     3    20. "Person" means any natural person.
     4    21. "Private residence" means a separate dwelling or a separate apart-
     5  ment  in  a  multiple dwelling, which is occupied by members of a single
     6  family unit.
     7    22. "Repair" means reconditioning or  renewal  of  parts,  components,
     8  and/or  subsystems necessary to keep equipment in compliance with appli-
     9  cable code requirements.
    10    23. "Alteration" means any change to equipment, including  its  parts,
    11  components,  and/or  subsystems,  other  than  maintenance,  repair,  or
    12  replacement, but shall not include the professional  services  of  engi-
    13  neering  or  architecture as defined in sections seventy-two hundred one
    14  and seventy-three hundred one of the education law.
    15    24. "Design" means the act or process of planning the  repair,  alter-
    16  ation  or  construction  of  any  conveyance,  but shall not include the
    17  professional services of  engineering  or  architecture  as  defined  in
    18  sections  seventy-two  hundred  one and seventy-three hundred one of the
    19  education law.
    20    25. "Construction" means  the  act  or  process  of  constructing  any
    21  conveyance.
    22    26.  "Inspection"  means a critical examination, observation or evalu-
    23  ation of quality and code compliance of any conveyance.
    24    27. "Testing" means a process or trial of operation of any conveyance.
    25    28. "Maintenance" means a process of routine examination, lubrication,
    26  cleaning, and adjustment of parts, components, and/or subsystems for the
    27  purpose of ensuring performance in accordance with any  applicable  code
    28  requirements.
    29    29.  "Service  or servicing" means a service call or other unscheduled
    30  visit, not including routine maintenance or a repair,  from  a  licensed
    31  elevator  mechanic to troubleshoot, adjust or repair an improperly func-
    32  tioning or an otherwise shut down conveyance.
    33    30. "Temporarily dormant elevator, dumbwaiter, or escalator" means  an
    34  installation  temporarily  placed  out  of  service  under the following
    35  circumstances: (a) (i) when such installation's power  supply  has  been
    36  disconnected;  and  (ii)  the car is parked and any doors are closed and
    37  latched; and (iii) a wire seal is installed on the  mainline  disconnect
    38  switch  by  a licensed elevator inspector; or (b) as determined by state
    39  or local law, code, rule, or regulation.
    40    31. "Erect" means to vertically construct or connect any conveyance or
    41  part or system thereof.
    42    32. "Installation" means to place or fix any  conveyance  or  part  or
    43  system thereof, in position for operation.
    44    Temporarily dormant installations shall not be used until such instal-
    45  lation  has  been  restored  to a safe running order and is in condition
    46  suitable for use in accordance with all applicable  laws,  codes,  rules
    47  and  regulations. Such temporarily dormant installation shall be subject
    48  to continued inspections for the duration of the  "temporarily  dormant"
    49  status  by  a  licensed  elevator inspector. Such inspector shall file a
    50  report with the commissioner describing the conditions of such temporar-
    51  ily dormant installation. The report shall be filed annually or more  or
    52  less  frequent  as determined by the commissioner. "Temporarily dormant"
    53  status shall be renewable on an annual basis, but  shall  not  exceed  a
    54  five-year period.
    55    No person shall remove the wire seal and padlock for any purpose with-
    56  out the express permission of the elevator inspector.

        S. 4080--B                          6

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

        S. 4080--B                          7

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

        S. 4080--B                          8

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

        S. 4080--B                          9

     1  application fee and demonstrated his or her  qualifications  and  abili-
     2  ties.  Applicants  for  a mechanic's license must demonstrate one of the
     3  following qualifications:
     4    (a)   acceptable   proof  that  he  or  she  has  worked  on  elevator
     5  construction, maintenance or repair with  direct  and  immediate  super-
     6  vision in this state for a period of not less than four years immediate-
     7  ly  prior  to  the  effective  date  of this article, provided that such
     8  applicant shall file such application within one  year  of  release  and
     9  access to the licensing application as defined in this article; or
    10    (b) a certificate of successful completion of the joint apprentice and
    11  training  committee  of the elevator industry of local 3, IBEW, EE divi-
    12  sion training program or an apprenticeship program for elevator  mechan-
    13  ics,  having standards substantially equal to those of this chapter, and
    14  registered with the bureau of apprenticeship and training, U.S.  depart-
    15  ment of labor or a state apprenticeship council; or
    16    (c) industry educational program, The National Association of Elevator
    17  Contractors  (NAEC) Certified Elevator Technician (CET), or their equiv-
    18  alent; or
    19    (d) The commissioner shall upon application and  without  examination,
    20  issue  a  license  to  any person over the age of eighteen years who has
    21  been duly  licensed by any other state of the United States to engage in
    22  the business of construction, operation, inspection, maintenance, alter-
    23  ation and repair of  elevators  as  verified  by  current  and  previous
    24  employers, upon compliance with standards and requirements not lower, in
    25  the  judgement  of  the commissioner than those of this state, provided,
    26  however, that such state extends the same reciprocity to  the  licensees
    27  of  this  state.  Such  application shall be accompanied by the required
    28  license fee.
    29    2. Applicants for an elevator contractor's license must demonstrate to
    30  the commissioner that such elevator contractor employs licensed elevator
    31  mechanics who perform the work described in section nine  hundred  fifty
    32  of this article and have proof of compliance with the insurance require-
    33  ments  set  forth  in  paragraph  (d) of subdivision one of section nine
    34  hundred fifty-three of this article.
    35    3. Applicants for an elevator inspector's license must demonstrate  to
    36  the  satisfaction  of  the  commissioner  that  such  applicant meets or
    37  exceeds applicable standards such  as  a  Qualified  Elevator  Inspector
    38  (QEI)  or its equivalent. Private elevator inspectors shall maintain the
    39  same insurance requirements as an elevator contractor.
    40    4. (a) The renewal of all licenses granted  under  the  provisions  of
    41  this  subdivision  shall be conditioned upon the submission of a certif-
    42  icate of completion of a course designed to ensure the continuing educa-
    43  tion of licensees on new and existing national, state, and local convey-
    44  ances codes and standards and on technology and technical education  and
    45  workplace  safety.  Such  course  shall  consist  of not less than eight
    46  contact hours (.8 CEU) annually and completed preceding any such license
    47  renewal. The commissioner shall establish  requirements  for  continuing
    48  education  and  training  programs,  and shall approve such programs, as
    49  well as maintain a list of approved programs which shall be made  avail-
    50  able  to  license  applicants, permit applicants, renewal applicants and
    51  other interested parties upon request. The commissioner shall promulgate
    52  rules and regulations setting forth the criteria for  approval  of  such
    53  programs,  the  procedures to be followed in applying for such approval,
    54  and other rules and regulations as the commissioner deems necessary  and
    55  proper to effectuate the purposes of this section.

        S. 4080--B                         10

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

        S. 4080--B                         11

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

        S. 4080--B                         12

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

        S. 4080--B                         13

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

    37                                   PART B

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

        S. 4080--B                         14

     1  Elevator  work  does  not include material hoists, platform lifts, stair
     2  chair lifts, or personnel hoists.
     3    §  2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
     4  tive code of the city of New York, as added by section 91 of part  A  of
     5  local  law  number  141  of  the city of New York for the year 2013, are
     6  amended to read as follows:
     7                                 ARTICLE 421
     8           [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
     9    § 28-421.1 [Private  elevator  inspection]  Elevator  agency  director
    10  license  required.    [Only private elevator inspection agencies may] It
    11  shall be unlawful to perform elevator work as defined by this chapter or
    12  perform and/or witness inspections and tests  or  enter  into  contracts
    13  pursuant to article 304 of chapter 3 of this code unless licensed pursu-
    14  ant  to  this  article.  Each [such] elevator agency shall designate one
    15  director in responsible charge who shall be licensed  pursuant  to  this
    16  article.  The  designated director in responsible charge shall be in the
    17  direct employ of the agency and shall supervise all  the  operations  of
    18  the  agency. All elevator work shall be performed by individuals who are
    19  under the direct and  continuing  supervision  of  the  elevator  agency
    20  director  as  defined  in section 28-401.3 of this chapter. All elevator
    21  work performed by such agency pursuant to article 304 of  chapter  3  of
    22  this  code  shall  be  performed  by or [under the direct and continuing
    23  supervision of the designated director in  responsible  charge]  in  the
    24  presence of a licensed elevator agency director or technician.
    25    §  28-421.1.1  Additional  directors.  In  addition  to the designated
    26  director in responsible charge, the agency may have other individuals in
    27  its employ who may be  issued  [private]  elevator  [inspection]  agency
    28  director  licenses  pursuant to this article. [Notwithstanding any other
    29  provision of this chapter, such individuals may only perform inspections
    30  or other work pursuant to article 304 of chapter 3 of  this  code  under
    31  the  direct  and  continuing  supervision  of the designated director in
    32  responsible charge.]
    33    § 28-421.2 Qualifications. All applicants for [a private] an  elevator
    34  [inspection]  agency  director  license  shall submit satisfactory proof
    35  establishing that the applicant has satisfactorily completed, within two
    36  years prior to the date of application, a course that is at least thirty
    37  hours in length and approved by the United States  department  of  labor
    38  and  the occupational safety and health administration in general indus-
    39  try training; and also satisfies one of the following:
    40    1. Has at least ten years of practical experience in  the  supervision
    41  of the assembly, installation, maintenance, repair, design or inspection
    42  of elevators within the fifteen years prior to application; or
    43    2.  Is an engineer or architect and has at least five years experience
    44  in the supervision of the assembly, installation,  maintenance,  repair,
    45  review and approval of design documents or inspection of elevators with-
    46  in the seven years prior to application.
    47    §  28-421.3 [Director restriction] Restriction.  Each [private] eleva-
    48  tor [inspection] agency director shall supervise  and  perform  elevator
    49  work  or  inspections  and tests pursuant to article 304 of chapter 3 of
    50  this code for only one [private] elevator [inspection] agency, and shall
    51  not inspect and/or test elevators or perform elevator  work  on  related
    52  devices as an inspector [or], director or elevator agency helper for any
    53  other [private] elevator [inspection] agency.
    54    §  28-421.4  Place  of  business.  Every  licensed  [private] elevator
    55  [inspection] agency shall have a place of business within  the  city  in
    56  conformance with department rules and regulations.

        S. 4080--B                         15

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

        S. 4080--B                         16

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

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

    31                                 ARTICLE 427
    32                                   PERMITS

    33    § 28-427.1 Applications and permits. All  applications/permits  issued
    34  to  elevator  contractors  shall  appear  on the department of buildings
    35  website within forty-eight hours of issuance. The  information  required
    36  to  be  published  must include, at a minimum, the date of issuance, the
    37  work covered by the  permit,  the  elevator  contractor  or  contractors
    38  involved  and  location and type of work to be performed. The department
    39  shall maintain and publish a registry of all  licensed  elevator  agency
    40  helpers, technicians, and inspectors, which shall list and identify, all
    41  licensed  elevator  agency  helpers,  technicians, and inspectors, doing
    42  business in the city of New York. The department shall make the registry
    43  available on its website.
    44    § 28-427.2 Licensing and permitting exemptions. Whenever an  emergency
    45  exists in this state due to a disaster or act of god, which imperils the
    46  health,  safety  or  welfare of an individual or individuals and placing
    47  such individual or individuals in imminent danger of injury or death and
    48  the number of persons in the state holding licenses granted by the board
    49  is insufficient to cope with such emergency, any person certified  by  a
    50  licensed  elevator contractor to have an acceptable combination of docu-
    51  mented experience and education to perform elevator work without  direct
    52  and  immediate  supervision  shall seek an emergency elevator mechanic's
    53  license from the commissioner within five business days after commencing

        S. 4080--B                         17

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

        S. 4080--B                         18

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