S T A T E O F N E W Y O R K
________________________________________________________________________
1945
2015-2016 Regular Sessions
I N S E N A T E
January 15, 2015
___________
Introduced by Sens. BONACIC, SAVINO, ADDABBO, AVELLA, BOYLE, BRESLIN,
CARLUCCI, GALLIVAN, GOLDEN, GRIFFO, HASSELL-THOMPSON, HOYLMAN, KENNE-
DY, KRUEGER, LANZA, LARKIN, LATIMER, LIBOUS, MARTINS, MONTGOMERY,
PERALTA, PERKINS, RITCHIE, RIVERA, ROBACH, SAMPSON, SANDERS, SERRANO,
SQUADRON, STAVISKY, VALESKY -- read twice and ordered printed, and
when printed to be committed to the Committee on Labor
AN ACT to amend the labor law and the state finance law, in relation to
requiring the licensing of persons engaged in the design,
construction, inspection, maintenance, alteration, and repair of
elevators and other automated people moving devices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The labor law is amended by adding a new article 32 to read
2 as follows:
3 ARTICLE 32
4 ELEVATORS AND OTHER CONVEYANCES; LICENSING
5 SECTION 925. LEGISLATIVE FINDINGS AND DECLARATION.
6 926. APPLICATION.
7 927. DEFINITIONS.
8 928. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIRE-
9 MENTS.
10 929. LICENSE AND PERMIT PROCEDURE.
11 930. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
12 931. POWERS OF THE COMMISSIONER.
13 932. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
14 933. EXEMPT PERSONS.
15 S 925. LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE HEREBY
16 FINDS THAT THE USE OF UNSAFE AND DEFECTIVE ELEVATORS AND OTHER AUTOMATED
17 PEOPLE MOVING CONVEYANCES MAY EXPOSE THE PUBLIC TO UNSAFE CONDITIONS AND
18 INCREASE THE RISK OF INJURY. THE LEGISLATURE FINDS THAT IMPROPER DESIGN,
19 CONSTRUCTION, MAINTENANCE AND REPAIR OF SUCH CONVEYANCES IS PREVENTABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02916-01-5
S. 1945 2
1 BY REQUIRING PROPER TRAINING OF PERSONS EMPLOYED TO PERFORM WORK ON
2 ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES AND BY REQUIRING
3 THE LICENSING OF CONTRACTORS AND THE CERTIFICATION OF INDIVIDUALS
4 INVOLVED IN ELEVATOR AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES
5 PROJECTS.
6 NOTHING IN THIS ARTICLE IS INTENDED TO CREATE, EXPAND, DIMINISH,
7 LIMIT, IMPAIR, OR SUPERSEDE ANY RIGHTS UNDER CURRENT LAW, RULE, OR REGU-
8 LATION, OR RESULTING FROM A DETERMINATION OF A COURT OR THE NATIONAL
9 LABOR RELATIONS BOARD WITH REGARD TO BUILDING TRADES AND THE WORK OF
10 SUCH BUILDING TRADE. NOR IS IT INTENDED TO ABROGATE ANY RIGHTS OR DUTIES
11 UNDER ANY CONTRACT WITH REGARD TO BUILDING TRADES AND THE WORK OF SUCH
12 BUILDING TRADE.
13 S 926. APPLICATION. 1. THE DESIGN, CONSTRUCTION, ERECTION, INSTALLA-
14 TION, INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND REPAIR
15 OF THE FOLLOWING EQUIPMENT ARE COVERED BY THIS ARTICLE:
16 (A) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR OR PLATFORM
17 WHICH MOVES BETWEEN TWO OR MORE LANDINGS. THIS EQUIPMENT INCLUDES, BUT
18 IS NOT LIMITED TO ELEVATORS, PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS;
19 (B) POWER DRIVEN STAIRWAYS AND WALKWAYS FOR CARRYING PERSONS BETWEEN
20 LANDINGS. THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, ESCALATORS
21 AND MOVING WALKS;
22 (C) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR, WHICH SERVES
23 TWO OR MORE LANDINGS AND IS RESTRICTED TO THE CARRYING OF MATERIAL BY
24 ITS LIMITED SIZE OR LIMITED ACCESS TO THE CAR. THIS EQUIPMENT INCLUDES,
25 BUT IS NOT LIMITED TO, DUMBWAITERS, MATERIAL LIFTS, AND DUMBWAITERS WITH
26 AUTOMATIC TRANSFER DEVICES AS DEFINED IN SECTION NINE HUNDRED
27 TWENTY-SEVEN OF THIS ARTICLE; AND
28 (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH AN EXCLUSIVE
29 RIGHT OF WAY. THIS EQUIPMENTS INCLUDES, BUT IS NOT LIMITED TO, AUTO-
30 MATED PEOPLE MOVERS.
31 2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
32 (A) MATERIAL HOISTS;
33 (B) MANLIFTS;
34 (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS;
35 (D) POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR MAINTE-
36 NANCE;
37 (E) CONVEYOR AND RELATED EQUIPMENT;
38 (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS;
39 (G) INDUSTRIAL TRUCKS;
40 (H) PORTABLE EQUIPMENT, EXCEPT FOR PORTABLE ESCALATORS;
41 (I) TIERING AND PILING MACHINES USED TO MOVE MATERIALS TO AND FROM
42 STORAGE LOCATED AND OPERATING ENTIRELY WITHIN ONE STORY;
43 (J) EQUIPMENT FOR FEEDING OR POSITIONING MATERIALS INCLUDING, BUT NOT
44 LIMITED TO, MACHINE TOOLS AND PRINTING PRESSES;
45 (K) SKIP OR FURNACE HOISTS;
46 (L) WHARF RAMPS;
47 (M) RAILROAD CAR LIFTS OR DUMPERS;
48 (N) LINE JACKS, FALSE CARS, SHAFTERS, MOVING PLATFORMS AND SIMILAR
49 EQUIPMENT USED FOR INSTALLING AN ELEVATOR BY A CONTRACTOR LICENSED IN
50 THIS STATE.
51 3. THE LICENSING, PERMITTING AND CERTIFICATION PROVISIONS OF THIS
52 ARTICLE SHALL NOT APPLY TO THE OWNERS OR LESSEES OF PRIVATE RESIDENCES
53 WHO DESIGN, ERECT, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE OR MAIN-
54 TAIN CONVEYANCES THAT ARE LOCATED OR WILL BE LOCATED IN SUCH OWNER OR
55 LESSEE'S PRIVATE RESIDENCE. HOWEVER, ANY PERSON HIRED TO DESIGN, ERECT,
56 CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE, MAINTAIN, OR PERFORM ANY
S. 1945 3
1 OTHER WORK RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS
2 OF THIS ARTICLE.
3 4. NO LICENSE SHALL BE REQUIRED FOR THE REMOVAL OR DISMANTLING OF
4 CONVEYANCES.
5 5. THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT THER-
6 ETO SHALL BE THE MINIMUM STANDARD REQUIRED AND SHALL SUPERSEDE ANY
7 SPECIAL LAW OR LOCAL ORDINANCE INCONSISTENT THEREWITH, AND NO LOCAL
8 ORDINANCE INCONSISTENT THEREWITH SHALL BE ADOPTED, BUT NOTHING HEREIN
9 CONTAINED SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDI-
10 TIONAL REQUIREMENTS AND RESTRICTIONS.
11 S 927. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
12 HAVE THE FOLLOWING DEFINITIONS:
13 1. "AUTOMATED PEOPLE MOVER" MEANS A GUIDED TRANSIT MODE WITH FULLY
14 AUTOMATED OPERATION, FEATURING VEHICLES THAT OPERATE ON GUIDEWAYS WITH
15 EXCLUSIVE RIGHT-OF-WAY.
16 2. "BOARD" MEANS THE NEW YORK STATE ELEVATOR SAFETY AND STANDARDS
17 BOARD ESTABLISHED BY SECTION NINE HUNDRED THIRTY-TWO OF THIS ARTICLE.
18 3. "CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY THE COMMIS-
19 SIONER THAT INDICATES THAT THE ELEVATOR OR RELATED CONVEYANCE HAS HAD
20 THE REQUIRED SAFETY INSPECTION AND TESTS AND THAT THE FEES REQUIRED BY
21 THIS ARTICLE HAVE BEEN PAID.
22 4. "TEMPORARY CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY THE
23 COMMISSIONER WHICH PERMITS THE TEMPORARY USE OF A NON-COMPLIANT ELEVATOR
24 OR RELATED CONVEYANCE BY THE GENERAL PUBLIC FOR A LIMITED TIME, NOT TO
25 EXCEED THIRTY DAYS, WHILE MINOR REPAIRS ARE BEING COMPLETED.
26 5. "CONVEYANCE" MEANS ANY ELEVATOR, DUMBWAITER, ESCALATOR, MOVING
27 SIDEWALK, PLATFORM LIFTS, STAIRWAY CHAIRLIFTS AND AUTOMATED PEOPLE
28 MOVERS.
29 6. "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN INSTALLATION
30 PLACED OUT OF SERVICE UNDER THE FOLLOWING CIRCUMSTANCES: (A) WHEN AN
31 INSTALLATION'S POWER HAS BEEN DISCONNECTED AND (I) WHEN AN ELECTRIC
32 ELEVATOR, DUMBWAITER, OR MATERIAL LIFT WHOSE SUSPENSION ROPES HAVE BEEN
33 REMOVED, WHOSE CAR AND COUNTERWEIGHT REST AT THE BOTTOM OF THE HOISTWAY,
34 AND WHOSE HOISTWAY DOORS HAVE BEEN PERMANENTLY BARRICADED OR SEALED IN
35 THE CLOSED POSITION ON THE HOISTWAY SIDE; OR (II) A HYDRAULIC ELEVATOR,
36 DUMBWAITER, OR MATERIAL LIFT WHOSE CAR RESTS AT THE BOTTOM OF THE HOIST-
37 WAY AND WHOSE DOORS ARE PERMANENTLY BARRICADED OR SEALED; OR (III) AN
38 ESCALATOR OR MOVING WALK WHOSE ENTRANCES HAVE BEEN PERMANENTLY BARRICAD-
39 ED; OR (B) AS DETERMINED BY STATE OR LOCAL LAW, CODE, RULE, OR REGU-
40 LATIONS.
41 7. "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH A
42 CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS.
43 8. "ELEVATOR CONTRACTOR" MEANS, A PUBLIC CORPORATION, OR INSTRUMENTAL-
44 ITY OF A PUBLIC CORPORATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPO-
45 RATED ASSOCIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPO-
46 RATION, OR ANY OTHER ENTITY, OR ANY OWNER OR OPERATOR OF ANY OF THE
47 FOREGOING ENTITIES, WHO POSSESSES AN ELEVATOR CONTRACTOR'S LICENSE IN
48 ACCORDANCE WITH THE PROVISIONS OF SECTIONS NINE HUNDRED TWENTY-EIGHT AND
49 NINE HUNDRED TWENTY-NINE OF THIS ARTICLE AND IS ENGAGED IN THE BUSINESS
50 OF DESIGNING, ERECTING, CONSTRUCTING, INSTALLING, ALTERING, REPAIRING,
51 SERVICING OR MAINTAINING ELEVATORS OR OTHER AUTOMATED PEOPLE MOVING
52 CONVEYANCES COVERED BY THIS ARTICLE.
53 9. "ELEVATOR HELPER/APPRENTICE/ASSISTANT MECHANIC" MEANS ANY PERSON
54 WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
55 10. "ELEVATOR INSPECTOR" MEANS ANY PERSON WHO POSSESSES AN ELEVATOR
56 INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
S. 1945 4
1 11. "ELEVATOR MECHANIC" MEANS ANY PERSON WHO POSSESSES AN ELEVATOR
2 MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
3 12. "ESCALATOR" MEANS POWER-DRIVEN, INCLINED, CONTINUOUS STAIRWAY USED
4 FOR RAISING OR LOWERING PASSENGERS.
5 13. "EXISTING INSTALLATION" MEANS AN INSTALLATION THAT HAS BEEN
6 COMPLETED OR IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE OF THIS
7 ARTICLE.
8 14. "LICENSE" MEANS A LICENSE DULY ISSUED BY THE COMMISSIONER, AUTHOR-
9 IZING THE DESIGN, ERECTION, CONSTRUCTION, INSTALLATION, ALTERATION,
10 REPAIR, SERVICE, MAINTENANCE, OR INSPECTION OF ELEVATORS OR OTHER
11 CONVEYANCES COVERED BY THIS ARTICLE.
12 15. "ELEVATOR CONTRACTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
13 HOLDER THEREOF TO ENGAGE IN THE BUSINESS OF DESIGNING, ERECTING,
14 CONSTRUCTING, INSTALLING, ALTERING, REPAIRING, SERVICING OR MAINTAINING
15 CONVEYANCES COVERED BY THIS ARTICLE.
16 16. "ELEVATOR INSPECTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
17 HOLDER THEREOF TO ENGAGE IN THE BUSINESS OF INSPECTING OR TESTING
18 CONVEYANCES COVERED BY THIS ARTICLE.
19 17. "ELEVATOR MECHANIC'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
20 HOLDER THEREOF TO INSTALL, CONSTRUCT, ALTER, SERVICE, REPAIR, TEST,
21 MAINTAIN, AND PERFORM WORK ON CONVEYANCES OR OTHER AUTOMATED PEOPLE
22 MOVERS COVERED BY THIS ARTICLE.
23 18. "MOVING WALK/SIDEWALK" MEANS A TYPE OF PASSENGER-CARRYING DEVICE
24 ON WHICH PASSENGERS STAND OR WALK, AND IN WHICH THE PASSENGER-CARRYING
25 SURFACE REMAINS PARALLEL TO ITS DIRECTION OF MOTION AND IS UNINTER-
26 RUPTED.
27 19. "PERMIT" MEANS A DOCUMENT ISSUED BY THE COMMISSIONER PRIOR TO THE
28 COMMENCEMENT OF WORK THAT PERMITS A CONVEYANCE TO BE ERECTED,
29 CONSTRUCTED, INSTALLED, OR ALTERED UNDER PLANS APPROVED BY THE COMMIS-
30 SIONER PURSUANT TO THIS ARTICLE.
31 20. "PERSON" MEANS ANY NATURAL PERSON.
32 21. "PRIVATE RESIDENCE" MEANS A SEPARATE DWELLING OR A SEPARATE APART-
33 MENT IN A MULTIPLE DWELLING, WHICH IS OCCUPIED BY MEMBERS OF A SINGLE
34 FAMILY UNIT.
35 22. "REPAIR" MEANS RECONDITIONING OR RENEWAL OF PARTS, COMPONENTS,
36 AND/OR SUBSYSTEMS NECESSARY TO KEEP EQUIPMENT IN COMPLIANCE WITH APPLI-
37 CABLE CODE REQUIREMENTS.
38 23. "ALTERATION" MEANS ANY CHANGE TO EQUIPMENT, INCLUDING ITS PARTS,
39 COMPONENTS, AND/OR SUBSYSTEMS, OTHER THAN MAINTENANCE, REPAIR, OR
40 REPLACEMENT, BUT SHALL NOT INCLUDE THE PROFESSIONAL SERVICES OF ENGI-
41 NEERING OR ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO HUNDRED ONE
42 AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW.
43 24. "DESIGN" MEANS THE ACT OR PROCESS OF PLANNING THE REPAIR, ALTER-
44 ATION OR CONSTRUCTION OF ANY CONVEYANCE, BUT SHALL NOT INCLUDE THE
45 PROFESSIONAL SERVICES OF ENGINEERING OR ARCHITECTURE AS DEFINED IN
46 SECTIONS SEVENTY-TWO HUNDRED ONE AND SEVENTY-THREE HUNDRED ONE OF THE
47 EDUCATION LAW.
48 25. "CONSTRUCTION" MEANS THE ACT OR PROCESS OF CONSTRUCTING ANY
49 CONVEYANCE.
50 26. "INSPECTION" MEANS A CRITICAL EXAMINATION, OBSERVATION OR EVALU-
51 ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE.
52 27. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE.
53 28. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION,
54 CLEANING, AND ADJUSTMENT OF PARTS, COMPONENTS, AND/OR SUBSYSTEMS FOR THE
55 PURPOSE OF ENSURING PERFORMANCE IN ACCORDANCE WITH ANY APPLICABLE CODE
56 REQUIREMENTS.
S. 1945 5
1 29. "SERVICE OR SERVICING" MEANS A SERVICE CALL OR OTHER UNSCHEDULED
2 VISIT, NOT INCLUDING ROUTINE MAINTENANCE OR A REPAIR, FROM A LICENSED
3 ELEVATOR MECHANIC TO TROUBLESHOOT, ADJUST OR REPAIR AN IMPROPERLY FUNC-
4 TIONING OR AN OTHERWISE SHUT DOWN CONVEYANCE.
5 30. "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN
6 INSTALLATION TEMPORARILY PLACED OUT OF SERVICE UNDER THE FOLLOWING
7 CIRCUMSTANCES: (A) (I) WHEN SUCH INSTALLATION'S POWER SUPPLY HAS BEEN
8 DISCONNECTED; AND (II) THE CAR IS PARKED AND ANY DOORS ARE CLOSED AND
9 LATCHED; AND (III) A WIRE SEAL IS INSTALLED ON THE MAINLINE DISCONNECT
10 SWITCH BY A LICENSED ELEVATOR INSPECTOR; OR (B) AS DETERMINED BY STATE
11 OR LOCAL LAW, CODE, RULE, OR REGULATION.
12 31. "ERECT" MEANS TO VERTICALLY CONSTRUCT OR CONNECT ANY CONVEYANCE OR
13 PART OR SYSTEM THEREOF.
14 32. "INSTALLATION" INSTALL MEANS TO PLACE OR FIX ANY CONVEYANCE OR
15 PART OR SYSTEM THEREOF, IN POSITION FOR OPERATION.
16 TEMPORARILY DORMANT INSTALLATIONS SHALL NOT BE USED UNTIL SUCH INSTAL-
17 LATION HAS BEEN RESTORED TO A SAFE RUNNING ORDER AND IS IN CONDITION
18 SUITABLE FOR USE IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES, RULES
19 AND REGULATIONS. SUCH TEMPORARILY DORMANT INSTALLATION SHALL BE SUBJECT
20 TO CONTINUED INSPECTIONS FOR THE DURATION OF THE "TEMPORARILY DORMANT"
21 STATUS BY A LICENSED ELEVATOR INSPECTOR. SUCH INSPECTOR SHALL FILE A
22 REPORT WITH THE COMMISSIONER DESCRIBING THE CONDITIONS OF SUCH TEMPORAR-
23 ILY DORMANT INSTALLATION. THE REPORT SHALL BE FILED ANNUALLY OR MORE OR
24 LESS FREQUENT AS DETERMINED BY THE COMMISSIONER. "TEMPORARILY DORMANT"
25 STATUS SHALL BE RENEWABLE ON AN ANNUAL BASIS, BUT SHALL NOT EXCEED A
26 FIVE-YEAR PERIOD.
27 NO PERSON SHALL REMOVE THE WIRE SEAL AND PADLOCK FOR ANY PURPOSE WITH-
28 OUT THE EXPRESS PERMISSION OF THE ELEVATOR INSPECTOR.
29 S 928. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIREMENTS. 1.
30 EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
31 SECTION NINE HUNDRED TWENTY-SIX OF THIS ARTICLE, IT SHALL BE A VIOLATION
32 OF THIS ARTICLE FOR ANY ELEVATOR CONTRACTOR TO DESIGN, ERECT, CONSTRUCT,
33 INSTALL, ALTER, REPLACE, SERVICE, OR MAINTAIN, ANY CONVEYANCE CONTAINED
34 WITHIN BUILDINGS OR STRUCTURES IN THIS STATE UNLESS SUCH ELEVATOR
35 CONTRACTOR HOLDS AN ELEVATOR CONTRACTOR'S LICENSE.
36 2. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
37 SECTION NINE HUNDRED TWENTY-SIX OF THIS ARTICLE, IT SHALL BE A VIOLATION
38 OF THIS ARTICLE FOR ANY PERSON TO WIRE ANY CONVEYANCE, FROM THE MAINLINE
39 FEEDER TERMINALS ON THE CONTROLLER, IN THIS STATE UNLESS SUCH PERSON HAS
40 AN ELEVATOR MECHANIC'S LICENSE AND IS WORKING UNDER THE DIRECT SUPER-
41 VISION OF A LICENSED ELEVATOR CONTRACTOR PURSUANT TO THIS ARTICLE. NO
42 OTHER LICENSE SHALL BE REQUIRED FOR THIS WORK, EXCLUDING THE INSTALLA-
43 TION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM AND PIT
44 LIGHTING, RECEPTACLES AND HVAC AS DESCRIBED IN THE NFPA NATIONAL ELEC-
45 TRIC CODE 620.23 AND 620.24 AS WELL AS FIRE AND HEAT DETECTORS AND
46 ALARMS, MAY BE PERFORMED BY A LICENSED ELECTRICAL CONTRACTOR. ADDI-
47 TIONALLY, WITHIN NEW YORK CITY, THE INSTALLATION OF BRANCH CIRCUITS AND
48 WIRING TERMINATIONS FOR THE CAR FAN, LIGHTS AND RECEPTACLES, AS
49 DESCRIBED IN THE NFPA NATIONAL ELECTRIC CODE 620.22, AND INTERCOMS AND
50 VOICE COMMUNICATIONS AS WELL AS SIGNAL EQUIPMENT OR SYSTEMS, AS DEFINED
51 IN NFPA ARTICLE 620.2, THAT IS NOT DIRECTLY ASSOCIATED WITH THE OPERA-
52 TION OR SAFETY OF ANY CONVEYANCE, MAY BE PERFORMED BY A LICENSED ELEC-
53 TRICAL CONTRACTOR.
54 3. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISION THREE OF SECTION
55 NINE HUNDRED TWENTY-SIX OF THIS ARTICLE, IT SHALL BE A VIOLATION OF THIS
56 ARTICLE FOR ANY PERSON TO INSPECT OR TEST ANY CONVEYANCE WITHIN BUILD-
S. 1945 6
1 INGS OR STRUCTURES UNLESS SUCH PERSON HOLDS AN ELEVATOR INSPECTOR'S
2 LICENSE.
3 4. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
4 SECTION NINE HUNDRED TWENTY-SIX OF THIS ARTICLE, IT SHALL BE A VIOLATION
5 OF THIS ARTICLE FOR ANY ELEVATOR CONTRACTOR TO ERECT, CONSTRUCT,
6 INSTALL, OR ALTER CONVEYANCES WITHIN BUILDINGS OR STRUCTURES WITHIN THIS
7 STATE UNLESS A PERMIT THEREFOR HAS BEEN ISSUED BY THE COMMISSIONER
8 BEFORE WORK IS COMMENCED. NO PERMIT SHALL BE ISSUED EXCEPT TO A PERSON
9 HOLDING A VALID ELEVATOR CONTRACTOR'S LICENSE. A COPY OF SUCH PERMIT
10 SHALL BE KEPT AT THE CONSTRUCTION SITE AT ALL TIMES WHILE THE WORK IS IN
11 PROGRESS.
12 5. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
13 HUNDRED TWENTY-SIX OF THIS ARTICLE, ALL NEW CONVEYANCE INSTALLATIONS
14 SHALL BE PERFORMED BY AN ELEVATOR CONTRACTOR LICENSED TO INSTALL SUCH
15 CONVEYANCE. SUBSEQUENT TO INSTALLATION, THE ELEVATOR CONTRACTOR MUST
16 CERTIFY COMPLIANCE TO THE COMMISSIONER WITH THE APPLICABLE SECTIONS OF
17 THIS ARTICLE AS WELL AS ANY OTHER APPLICABLE LAW, RULE, REGULATION OR
18 CODE. PRIOR TO SUCH CONVEYANCES BEING USED, THE PROPERTY OWNER OR
19 LESSEE MUST OBTAIN A CERTIFICATE OF OPERATION FROM THE COMMISSIONER. A
20 FEE, AS SET FORTH IN THIS ARTICLE, SHALL BE PAID FOR SUCH CERTIFICATE OF
21 OPERATION, HOWEVER, NO SUCH FEE SHALL BE REQUIRED FOR CONVEYANCES IN
22 PRIVATE RESIDENCES. IT IS THE RESPONSIBILITY OF THE LICENSED ELEVATOR
23 CONTRACTOR TO COMPLETE AND SUBMIT REGISTRATIONS FOR NEW INSTALLATIONS.
24 A CERTIFICATE OF OPERATION SHALL BE VALID FOR ONE YEAR, EXCEPT FOR
25 CERTIFICATES ISSUED FOR PLATFORM AND STAIRWAY CHAIRLIFTS FOR PRIVATE
26 RESIDENCES, WHICH SHALL BE VALID FOR A PERIOD OF THREE YEARS. CERTIF-
27 ICATES OF OPERATION MUST BE CLEARLY AND CONSPICUOUSLY DISPLAYED ON, IN
28 OR AROUND EACH CONVEYANCE AND BE ACCESSIBLE TO THE STATE OR LOCALITY
29 INSPECTING OR ENFORCING ANY APPLICABLE LAW, RULE, REGULATION OR CODE.
30 6. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
31 HUNDRED TWENTY-SIX OF THIS ARTICLE, THE CERTIFICATE OF OPERATION FOR
32 NEWLY INSTALLED PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESI-
33 DENCES SHALL BE ISSUED ONLY SUBSEQUENT TO AN INSPECTION BY A LICENSED
34 THIRD PARTY INSPECTION FIRM. THE CERTIFICATE OF OPERATION FEE FOR ALL
35 NEW AND EXISTING PLATFORM AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES
36 AND ANY RENEWAL CERTIFICATE FEES ARE HEREBY WAIVED. THE INSPECTION OF
37 PRIVATE RESIDENCE PLATFORM AND STAIRWAY CHAIRLIFTS SHALL BE DONE AT THE
38 REQUEST AND CONSENT OF THE PRIVATE RESIDENCE'S OWNER OR LESSEES.
39 7. IT SHALL BE THE RESPONSIBILITY OF LICENSEES TO ENSURE THAT THE
40 INSTALLATION, SERVICE OR MAINTENANCE OF CONVEYANCES IS PERFORMED IN
41 COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
42 S 929. LICENSE AND PERMIT PROCEDURE. ALL APPLICATIONS FOR ELEVATOR
43 CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
44 REQUIRED PERMITS SHALL BE SUBMITTED TO THE DEPARTMENT IN WRITING ON
45 FORMS FURNISHED BY THE COMMISSIONER AND SHALL CONTAIN THE INFORMATION
46 SET FORTH IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION THAT THE
47 COMMISSIONER MAY REQUIRE. THE COMMISSIONER SHALL ALSO SET FEES FOR
48 LICENSING AND PERMITTING UNDER THIS SECTION.
49 1. APPLICATIONS FOR LICENSES. EVERY APPLICATION FOR A LICENSE UNDER
50 THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
51 (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT;
52 (B) THE NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OR
53 PRACTICE OF DESIGNING, CONSTRUCTING, ERECTING, INSTALLING, INSPECTING,
54 TESTING, REPAIRING, ALTERING, MAINTAINING, OR SERVICING CONVEYANCES
55 COVERED BY THIS ARTICLE;
S. 1945 7
1 (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED BY THE
2 APPLICANT FOR AN ELEVATOR CONTRACTOR'S LICENSE;
3 (D) EVIDENCE THAT THE APPLICANT IS OR WILL BE COVERED BY GENERAL
4 LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE; AND
5 (E) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
6 UPON APPROVAL OF AN APPLICATION FOR A LICENSE THE COMMISSIONER SHALL
7 ISSUE SUCH LICENSE WHICH SHALL BE VALID FOR TWO YEARS. THE FEES FOR SUCH
8 LICENSE AND RENEWAL THEREOF SHALL BE SET BY THE COMMISSIONER. ANY DENIAL
9 FOR SUCH APPLICATION SHALL SET FORTH THE REASONS THEREFOR.
10 2. APPLICATION FOR PERMITS. EVERY APPLICATION FOR A PERMIT UNDER THIS
11 ARTICLE SHALL INCLUDE PLANS AND SPECIFICATIONS STAMPED AND SIGNED BY A
12 PROFESSIONAL ENGINEER AND/OR AN ARCHITECT LICENSED PURSUANT TO ARTICLE
13 ONE HUNDRED FORTY-FIVE AND/OR ARTICLE ONE HUNDRED FORTY-SEVEN OF THE
14 EDUCATION LAW. EVERY APPLICATION FOR A PERMIT UNDER THIS ARTICLE SHALL
15 INCLUDE THE FOLLOWING:
16 (A) COPIES OF THE SPECIFICATIONS AND ACCURATELY SCALED AND FULLY
17 DIMENSIONED PLANS SHOWING THE LOCATION OF THE INSTALLATION IN RELATION
18 TO THE PLANS AND ELEVATION OF THE BUILDING;
19 (B) THE LOCATION OF THE MACHINERY ROOM AND THE EQUIPMENT TO BE
20 INSTALLED, RELOCATED OR ALTERED;
21 (C) ALL STRUCTURAL SUPPORTING MEMBERS THEREOF, INCLUDING FOUNDATIONS;
22 (D) A LIST OF ALL MATERIALS TO BE EMPLOYED AND ALL LOADS TO BE
23 SUPPORTED AND CONVEYED;
24 (E) ANY OTHER INFORMATION THAT THE COMMISSIONER MAY REQUIRE TO ENSURE
25 THAT SUCH PLANS AND SPECIFICATIONS ARE SUFFICIENTLY COMPLETE AND ILLUS-
26 TRATE ALL DETAILS OF CONSTRUCTION AND DESIGN; AND
27 (F) ANY REQUIRED PERMITTING FEES, WHICH ARE SUBJECT TO RETURN UPON
28 DENIAL OF A PERMIT APPLICATION.
29 UPON APPROVAL OF AN APPLICATION FOR A PERMIT THE COMMISSIONER SHALL
30 ISSUE SUCH PERMIT. SUCH PERMIT SHALL STATE THE TIME BY WHICH THE WORK
31 SHALL COMMENCE AND ALSO WHEN SUCH PERMIT EXPIRES. IF AFTER THE WORK HAS
32 BEEN STARTED, WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIXTY DAYS,
33 OR SUCH SHORTER PERIOD OF TIME AS THE COMMISSIONER MAY SPECIFY AT THE
34 TIME THE PERMIT IS ISSUED, THE PERMIT SHALL EXPIRE. UPON EXPIRATION OF
35 A PERMIT FOR WHICH WORK HAS NOT BEEN COMPLETED, THE COMMISSIONER MAY
36 EXTEND SUCH PERMIT.
37 3. LICENSING AND PERMITTING EXEMPTIONS. WHENEVER AN EMERGENCY EXISTS
38 IN THIS STATE DUE TO A DISASTER OR ACT OF GOD, WHICH IMPERILS THE
39 HEALTH, SAFETY OR WELFARE OF AN INDIVIDUAL OR INDIVIDUALS AND PLACING
40 SUCH INDIVIDUAL OR INDIVIDUALS IN IMMINENT DANGER OF INJURY OR DEATH AND
41 THE NUMBER OF PERSONS IN THE STATE HOLDING LICENSES GRANTED BY THE BOARD
42 IS INSUFFICIENT TO COPE WITH SUCH EMERGENCY, ANY PERSON CERTIFIED BY A
43 LICENSED ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF DOCU-
44 MENTED EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITH DIRECT AND
45 IMMEDIATE SUPERVISION SHALL SEEK AN EMERGENCY ELEVATOR MECHANIC'S
46 LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
47 WORK REQUIRING A LICENSE. THE COMMISSIONER SHALL ISSUE EMERGENCY ELEVA-
48 TOR MECHANIC'S LICENSES TO ADDRESS THE EMERGENCY THAT EXISTS. THE
49 LICENSED ELEVATOR CONTRACTOR SHALL FURNISH PROOF OF COMPETENCY AS THE
50 COMMISSIONER MAY REQUIRE. EACH SUCH LICENSE SHALL RECITE THAT IT IS
51 VALID FOR A PERIOD OF FIFTEEN DAYS FROM THE DATE THEREOF AND FOR SUCH
52 PARTICULAR ELEVATORS OR GEOGRAPHICAL AREAS AS THE COMMISSIONER MAY
53 DESIGNATE TO ADDRESS THE EMERGENCY SITUATION AND OTHERWISE SHALL ENTITLE
54 THE LICENSEE TO THE RIGHTS AND PRIVILEGES OF AN ELEVATOR MECHANIC'S
55 LICENSE ISSUED IN THIS ARTICLE. THE COMMISSIONER SHALL RENEW AN EMER-
56 GENCY ELEVATOR MECHANIC'S LICENSE DURING THE EXISTENCE OF AN EMERGENCY
S. 1945 8
1 AS NEEDED. NO FEE SHALL BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC'S
2 LICENSE OR RENEWAL THEREOF.
3 S 930. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION. 1. NO
4 LICENSE SHALL BE GRANTED TO ANY PERSON WHO HAS NOT PAID THE REQUIRED
5 APPLICATION FEE AND DEMONSTRATED HIS OR HER QUALIFICATIONS AND ABILI-
6 TIES. APPLICANTS FOR A MECHANIC'S LICENSE MUST DEMONSTRATE ONE OF THE
7 FOLLOWING QUALIFICATIONS: (A) AN ACCEPTABLE COMBINATION OF DOCUMENTED
8 EXPERIENCE AND EDUCATION CREDITS CONSISTING OF (I) NOT LESS THAN FOUR
9 YEARS WORK EXPERIENCE IN THE CONSTRUCTION, MAINTENANCE AND SERVICE
10 REPAIR OF ELEVATORS, AS VERIFIED BY CURRENT AND PREVIOUS EMPLOYERS AND
11 (II) SATISFACTORY COMPLETION OF A WRITTEN EXAMINATION, ADMINISTERED BY
12 THE COMMISSIONER, ON THE MOST RECENT NATIONAL, STATE, AND LOCAL CONVEY-
13 ANCES CODES AND STANDARDS; OR
14 (B) ACCEPTABLE PROOF THAT HE OR SHE HAS WORKED ON ELEVATOR
15 CONSTRUCTION, MAINTENANCE OR REPAIR WITH DIRECT AND IMMEDIATE SUPER-
16 VISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATE-
17 LY PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED THAT SUCH
18 APPLICANT SHALL FILE SUCH APPLICATION WITHIN ONE YEAR OF THE EFFECTIVE
19 DATE OF THIS ARTICLE; OR
20 (C) A CERTIFICATE OF SUCCESSFUL COMPLETION AND SUCCESSFULLY PASSING
21 THE MECHANIC EXAMINATION OF A NATIONALLY RECOGNIZED TRAINING PROGRAM FOR
22 THE ELEVATOR INDUSTRY INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELEVA-
23 TOR INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT; OR
24 (D) CERTIFICATE OF SUCCESSFUL COMPLETION OF THE JOINT APPRENTICE AND
25 TRAINING COMMITTEE OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW, EE DIVI-
26 SION TRAINING PROGRAM OR AN APPRENTICESHIP PROGRAM FOR ELEVATOR MECHAN-
27 ICS, HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF THIS CHAPTER, AND
28 REGISTERED WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S. DEPART-
29 MENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL.
30 2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO
31 THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR
32 MECHANICS WHO PERFORM THE WORK DESCRIBED IN SECTION NINE HUNDRED TWEN-
33 TY-SIX OF THIS ARTICLE AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE
34 REQUIREMENTS SET FORTH IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
35 NINE HUNDRED TWENTY-NINE OF THIS ARTICLE.
36 3. ANY APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE
37 TO THE SATISFACTION OF THE COMMISSIONER THAT SUCH APPLICANT MEETS OR
38 EXCEEDS APPLICABLE NATIONAL STANDARDS. PRIVATE ELEVATOR INSPECTORS SHALL
39 MAINTAIN THE 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. SUCH COURSE SHALL CONSIST OF NOT LESS THAN
45 EIGHT HOURS OF INSTRUCTION THAT SHALL BE ATTENDED ANNUALLY AND COMPLETED
46 PRECEDING ANY SUCH LICENSE RENEWAL. THE COMMISSIONER SHALL ESTABLISH
47 REQUIREMENTS FOR CONTINUING EDUCATION AND TRAINING PROGRAMS, AND SHALL
48 APPROVE SUCH PROGRAMS, AS WELL AS MAINTAIN A LIST OF APPROVED PROGRAMS
49 WHICH SHALL BE MADE AVAILABLE TO LICENSE APPLICANTS, PERMIT APPLICANTS,
50 RENEWAL APPLICANTS AND OTHER INTERESTED PARTIES UPON REQUEST. THE
51 COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS SETTING FORTH THE
52 CRITERIA FOR APPROVAL OF SUCH PROGRAMS, THE PROCEDURES TO BE FOLLOWED IN
53 APPLYING FOR SUCH APPROVAL, AND OTHER RULES AND REGULATIONS AS THE
54 COMMISSIONER DEEMS NECESSARY AND PROPER TO EFFECTUATE THE PURPOSES OF
55 THIS SECTION.
S. 1945 9
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 HOURS OF INSTRUCTION THAT SHALL BE
11 ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH LICENSE RENEWAL.
12 THE COURSES SHALL BE TAUGHT BY INSTRUCTORS THROUGH CONTINUING EDUCA-
13 TION PROVIDERS THAT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCI-
14 ATION SEMINARS, AND LABOR TRAINING PROGRAMS. THE COMMISSIONER SHALL
15 APPROVE THE CONTINUING EDUCATION PROVIDERS. ALL INSTRUCTORS SHALL BE
16 EXEMPT FROM THE REQUIREMENTS OF THE PRECEDING PARAGRAPH WITH REGARD TO
17 THEIR APPLICATION FOR LICENSE RENEWAL PROVIDED THAT SUCH APPLICANT WAS
18 QUALIFIED AS AN INSTRUCTOR AT ANY TIME DURING THE ONE YEAR IMMEDIATELY
19 PRECEDING THE 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 S 931. 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 REASONABLE 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 OF
S. 1945 10
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 TWENTY-EIGHT OF THIS ARTICLE;
17 OR
18 (E) A FINDING BY THE COMMISSIONER THAT A CONTRACTOR HAS VIOLATED THIS
19 ARTICLE OR ANY RULE OR REGULATION PROMULGATED THEREUNDER TWICE WITHIN A
20 PERIOD OF THREE YEARS, OR THAT A CONTRACTOR HAS VIOLATED A PROVISION OF
21 THIS ARTICLE AND SUCH VIOLATION RESULTED IN A SERIOUS THREAT TO THE
22 HEALTH OR SAFETY OF AN INDIVIDUAL OR INDIVIDUALS. THE COMMISSIONER MAY,
23 IN ADDITION TO ORDERING THAT SUCH CONTRACTOR'S LICENSE BE REVOKED, BAR
24 SUCH INDIVIDUAL FROM BEING ELIGIBLE TO REAPPLY FOR SUCH LICENSE FOR A
25 PERIOD NOT TO EXCEED TWO YEARS.
26 6. THE COMMISSIONER MAY, AFTER NOTICE AND HEARING, REVOKE A PERMIT
27 ISSUED UNDER THIS ARTICLE BASED ON ANY OF THE FOLLOWING VIOLATIONS:
28 (A) ANY FALSE STATEMENTS OR MISREPRESENTATION AS TO A MATERIAL FACT IN
29 THE APPLICATION, PLANS, OR SPECIFICATIONS ON WHICH THE PERMIT WAS BASED;
30 (B) ANY APPLICATION WHICH BY OMISSION OR MISTAKE FAILS TO COMPLY WITH
31 THE REQUIREMENTS OF THIS ARTICLE;
32 (C) ANY FAILURE TO PERFORM WORK IN ACCORDANCE WITH THE PROVISIONS OF
33 THE APPLICATION, PLANS OR SPECIFICATIONS OR WITH THE REQUIREMENTS OF
34 THIS ARTICLE OR CONDITIONS OF THE PERMIT;
35 (D) A FAILURE BY THE OWNER OR ELEVATOR CONTRACTOR TO WHOM THE PERMIT
36 WAS ISSUED TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION FOUR
37 OF THIS SECTION; OR
38 (E) A FINDING BY THE COMMISSIONER THAT AN INDIVIDUAL OR CONTRACTOR WHO
39 HAS BEEN ISSUED A PERMIT HAS VIOLATED ANY PROVISION UNDER SECTION NINE
40 HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
41 7. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF THE
42 COMMISSIONER FINDS, AFTER NOTICE AND HEARING, THAT AN INDIVIDUAL HAS
43 VIOLATED ANY PROVISION OF THIS ARTICLE, HE OR SHE MAY IMPOSE A CIVIL
44 PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION. UPON
45 A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS OF THE DETERMINATION
46 OF A PRIOR VIOLATION, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT TO
47 EXCEED TWO THOUSAND DOLLARS.
48 (B) THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
49 BE INCREASED TO AN AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS IF THE
50 VIOLATION RESULTED IN A SERIOUS THREAT TO THE HEALTH OR SAFETY OF AN
51 INDIVIDUAL OR INDIVIDUALS.
52 8. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN ORDER
53 ISSUED UNDER THIS SECTION MAY COMMENCE A PROCEEDING PURSUANT TO ARTICLE
54 SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
S. 1945 11
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 S 932. 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, A MEMBER OF THE GENERAL PUBLIC AND A
12 BUILDING OWNER, MANAGER OR REPRESENTATIVE; THE TEMPORARY PRESIDENT OF
13 THE SENATE'S APPOINTEES SHALL BE COMPRISED OF AN ELEVATOR SERVICING
14 COMPANY, AN ELEVATOR ARCHITECTURAL DESIGNER OR CONSULTANT, AND AN ELEVA-
15 TOR INSPECTOR; THE SPEAKER OF THE ASSEMBLY'S APPOINTEES SHALL BE
16 COMPRISED OF AN ELEVATOR CONTRACTOR EMPLOYEE LABOR UNION, AN ELEVATOR
17 MECHANIC, AND A FIRE MARSHAL. THE COMMISSIONERS OF HEALTH, LABOR, EDUCA-
18 TION, AND ECONOMIC DEVELOPMENT OR THEIR DESIGNEES SHALL BE EX-OFFICIO
19 MEMBERS. THE BOARD SHALL MEET ON AN AS NEEDED BASIS TO ADVISE THE
20 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. 1945 12
1 S 933. 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 S 2. The state finance law is amended by adding a new section 97-llll
7 to read as follows:
8 S 97-LLLL. 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-TWO 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-TWO 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-TWO.
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 S 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.