Bill Text: NY S09018 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the licensing of approved elevator agency directors, inspectors, and technicians performing elevator work in the city of New York and repeals the definition of private elevator inspection agency.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-06-13 - REFERRED TO RULES [S09018 Detail]
Download: New_York-2017-S09018-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9018 IN SENATE June 13, 2018 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The undesignated paragraph subtitled "private elevator 2 inspection agency" of section 28-401.3 of the administrative code of the 3 city of New York is REPEALED and three new undesignated paragraphs are 4 added following the undesignated paragraph subtitled "direct employ" to 5 read as follows: 6 ELEVATOR AGENCY. An approved agency authorized by the commissioner to 7 perform elevator work and to inspect and test elevators, escalators and 8 other conveying equipment regulated by this code. 9 ELEVATOR AGENCY HELPER. An individual having required qualifications 10 to perform elevator work, as defined in this chapter, under the direct 11 and continuing supervision of an elevator agency director, and in the 12 presence of a licensed elevator agency technician. 13 ELEVATOR WORK. Alteration, assembly, installation, maintenance, 14 repair, replacement and modernization work, as defined by ASME A17.1 as 15 modified by appendix K of the New York city building code, performed on 16 conveyances regulated by this code or other applicable laws or rules. 17 Elevator work does not include material hoists, platform lifts, stair 18 chair lifts, or personnel hoists. 19 § 2. Articles 421 and 422 of chapter 4 of title 28 of the administra- 20 tive code of the city of New York, as added by section 91 of part A of 21 local law number 141 of the city of New York for the year 2013, are 22 amended to read as follows: 23 ARTICLE 421 24 [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16304-01-8S. 9018 2 1 § 28-421.1 [Private elevator inspection] Elevator agency director 2 license required. [Only private elevator inspection agencies may] It 3 shall be unlawful to perform elevator work as defined by this chapter or 4 perform and/or witness inspections and tests or enter into contracts 5 pursuant to article 304 of chapter 3 of this code unless licensed pursu- 6 ant to this article. Each [such] elevator agency shall designate one 7 director in responsible charge who shall be licensed pursuant to this 8 article. The designated director in responsible charge shall be in the 9 direct employ of the agency and shall supervise all the operations of 10 the agency. All elevator work shall be performed by individuals who are 11 under the direct and continuing supervision of the elevator agency 12 director as defined in section 28-401.3 of this chapter. All elevator 13 work performed by such agency pursuant to article 304 of chapter 3 of 14 this code shall be performed by or [under the direct and continuing15supervision of the designated director in responsible charge] in the 16 presence of a licensed elevator agency director or technician. 17 § 28-421.1.1 Additional directors. In addition to the designated 18 director in responsible charge, the agency may have other individuals in 19 its employ who may be issued [private] elevator [inspection] agency 20 director licenses pursuant to this article. [Notwithstanding any other21provision of this chapter, such individuals may only perform inspections22or other work pursuant to article 304 of chapter 3 of this code under23the direct and continuing supervision of the designated director in24responsible charge.] 25 § 28-421.2 Qualifications. All applicants for [a private] an elevator 26 [inspection] agency director license shall submit satisfactory proof 27 establishing that the applicant has satisfactorily completed, within two 28 years prior to the date of application, a course that is at least thirty 29 hours in length and approved by the United States department of labor 30 and the occupational safety and health administration in general indus- 31 try training; and also satisfies one of the following: 32 1. Has at least ten years of practical experience in the supervision 33 of the assembly, installation, maintenance, repair, design or inspection 34 of elevators within the fifteen years prior to application; or 35 2. Is an engineer or architect and has at least five years experience 36 in the supervision of the assembly, installation, maintenance, repair, 37 review and approval of design documents or inspection of elevators with- 38 in the seven years prior to application. 39 § 28-421.3 [Director restriction] Restriction. Each [private] eleva- 40 tor [inspection] agency director shall supervise and perform elevator 41 work or inspections and tests pursuant to article 304 of chapter 3 of 42 this code for only one [private] elevator [inspection] agency, and shall 43 not inspect and/or test elevators or perform elevator work on related 44 devices as an inspector [or], director or elevator agency helper for any 45 other [private] elevator [inspection] agency. 46 § 28-421.4 Place of business. Every licensed [private] elevator 47 [inspection] agency shall have a place of business within the city in 48 conformance with department rules and regulations. 49 ARTICLE 422 50 [PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE 51 § 28-422.1 [Private elevator inspection agency] Elevator agency 52 inspector license required. [Individuals who] It shall be unlawful to 53 witness and/or perform inspections and tests on behalf of [a private] an 54 elevator [inspection] agency pursuant to article 304 of chapter 3 of 55 this code [shall be] unless licensed pursuant to this article. Licensed 56 inspectors shall perform such work under the direct and continuingS. 9018 3 1 supervision of a designated director in responsible charge licensed 2 pursuant to article 421 of this chapter. 3 § 28-422.2 Qualifications. [Applicants] All applicants for [a private] 4 an elevator agency inspector license shall submit satisfactory proof 5 establishing that the applicant has satisfactorily completed, within two 6 years prior to the date of application, a course that is at least ten 7 hours in length and approved by the United States department of labor 8 and the occupational safety and health administration in general indus- 9 try standards; and also satisfies the following: 10 1. Has at least seven years of practical experience in the [assembly,11installation, repair, design, or] inspection of elevators, or as an 12 elevator mechanic within the ten years prior to application. 13 § 28-422.3 [Inspector restriction] Restriction. Each [private] eleva- 14 tor [inspection] agency inspector shall perform work pursuant to article 15 304 of chapter 3 of this code for only one [private] elevator 16 [inspection] agency, and shall not witness and/or perform inspections 17 and/or test elevators or related devices as an inspector, technician or 18 director for any other [private] elevator [inspection] agency. 19 § 3. Chapter 4 of title 28 of the administrative code of the city of 20 New York is amended by adding two new articles 425 and 426 to read as 21 follows: 22 ARTICLE 425 23 ELEVATOR AGENCY TECHNICIAN LICENSE 24 § 28-425.1 Elevator agency technician license required. It shall be 25 unlawful to perform elevator work as defined in this chapter, unless 26 that work is performed by or in the presence of an elevator agency tech- 27 nician and under the direct and continuing supervision of a designated 28 director of an elevator agency licensed pursuant to article 421 of this 29 chapter. 30 § 28-425.2 Qualifications. All applicants for an elevator agency tech- 31 nician's license shall submit satisfactory proof establishing that the 32 applicant has satisfactorily completed, within two years prior to the 33 date of application, a course that is at least ten hours in length and 34 approved by the United States department of labor and the occupational 35 safety and health administration in general industry training; and also 36 satisfies one of the following: 37 1. Has satisfactorily completed a department sponsored exam and has at 38 least five years of practical experience in the alteration, assembly, 39 installation, maintenance, repair, design, or inspection of elevators 40 within the ten years prior to application; or 41 2. Successful completion of a training program of at least four years 42 for elevator maintenance, installation or repair, registered with the 43 bureau of apprenticeship and training, United States department of labor 44 or a New York state apprenticeship council, including but not limited to 45 the national elevator industry elevator educational program. 46 ARTICLE 426 47 ELEVATOR AGENCY HELPER 48 § 28-426.1 Qualifications. The agency may, by rule, establish quali- 49 fications for elevator agency helpers. 50 § 4. Section 28-304.6.1 of the administrative code of the city of New 51 York, as amended by section 61 of part A of local law number 141 for the 52 year 2013, is amended to read as follows: 53 § 28-304.6.1 Inspection and testing entities. The required periodic 54 inspections in Table N1 shall be made by the department. The other tests 55 and inspections in Table N1 shall be performed on behalf of the owner byS. 9018 4 1 an approved agency in accordance with this code and department rules. 2 Where indicated in Table N1, tests and inspections shall be witnessed by 3 an approved agency not affiliated with the agency performing the test, 4 and not affiliated with the agency performing the elevator work. Not 5 affiliated, as used in this section, shall mean the approved agency 6 owners, directors and inspectors shall be independent of all relative 7 approved agencies, maintenance firms or other entities providing any 8 associated services to the device owner. Such other tests and 9 inspections shall comply with the timeframes established as follows: 10 1. Category 1 inspections and tests shall be performed between January 11 1st and December 31st of each year at a minimal time interval of six 12 months from the date of the previous Category 1 testing. Category 1 13 tests are required on new installations the calendar year following 14 final acceptance test. 15 2. Category 3 inspections and tests for water hydraulics shall be 16 performed every three years on or before the anniversary month of the 17 last Category 3 testing. 18 3. Category 5 inspections and tests shall be performed every five 19 years on or before the month of the final acceptance test for new eleva- 20 tors or the anniversary month of the last Category 5 testing. 21 § 5. This act shall take effect three years after it shall have become 22 a law. Effective immediately, any rules and regulations necessary for 23 the timely implementation of this act on its effective date shall be 24 promulgated on or before such date.
