Add Art 33 §§950 - 957, Lab L; add §97-ssss, St Fin L; rpld §28-401.3 undesig ¶, amd §§28-401.3 & 28-304.6.1,
title 28 chap 4 Arts 421 & 422, add title 28 chap 4 Arts 425 - 427, NYC Ad Cd
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).
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4509A
SPONSOR: Crespo TITLE OF BILL: 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)
PURPOSE:
To reduce unsafe elevator hazards by requiring proper training of
persons employed to design, construct, inspect, maintain, alter and
repair elevators and other automated people moving conveyances and
requiring the licensing of individuals involved in elevator projects.
SUMMARY OF PROVISIONS:
Section 1 - Outlines the bill
Section 2 - Legislative Findings and declaration
Part A -
Section 1 - Creates a new Article 33 of the Labor Law setting forth
state requirements pertaining to requirements for the licensing of
persons engaged in the design, construction, inspection, maintenance,
alteration, and repair of elevators and other automated people moving
devices.
Section 950: Application. Describes the types of equipment covered under
this article.
Section 951: Definitions. Defines the terms used in this article.
Section 952: Licensing, permit, registration and compliance require-
ments. Requires licenses and permits to engage in the erection,
construction, alteration, replacement, or maintenance of an elevator.
Creates an elevator contractor license, elevator mechanics license and
elevator inspector license.
Section 953: License and permit procedure. All applications for elevator
contractor's, elevator mechanic's, and elevator inspector's licenses and
required permits shall be submitted in writing on forms furnished by the
Commissioner of Labor and shall contain such information as the Commis-
sioner may require. Allows for exemptions in certain disasters if insuf-
ficient license holders are available. Additionally creates a restric-
tive license of "accessibility technician" for residential platform
lifts.
Section 954: Qualifications, training and continuing education.
Provides for necessary qualifications, training and continuing education
of those engaged in the erection, construction, alteration, replacement,
or maintenance of an elevator.
Applicants for an elevator mechanic's license must demonstrate one of
the following qualifications: (A) an acceptable combination of docu-
mented experience and education credits consisting of (1) not less than
four year's work experience in the construction, maintenance and service
repair of elevators, as verified by current and previous employers and
(2) satisfactory completion of a written examination administered by the
Commissioner on the most recent national, state, and local conveyances
codes and standards; or (B) acceptable proof that he or she has worked
on elevator construction, maintenance or repair with direct and immedi-
ate supervision in this state for a period of not less than four years
immediately prior to the effective date of this article provided that
such applicant shall file their application within one year of the
effective date of this article; or (C) a certificate of successful
completion and successfully passing the mechanic examination of a
nationally recognized training program for the elevator industry includ-
ing, but not limited to, the national elevator industry educational
program or its equivalent; or (D) a certificate of successful completion
of the Joint Apprentice and Training Committee of the Eleva tor Industry
of Local 3, IBEW, EE Division Training Program or an apprenticeship
program for elevator mechanics having standards substantially equal to
those of this chapter and registered with the bureau of apprenticeship
and training, U.S. Department of Labor or a state apprenticeship coun-
cil; or (E) are licensed in a state with the same or greater licensing
requirements, which grants reciprocity to licensees from New York.
Applicants for an elevator contractor's license must demonstrate to the
Commissioner that such elevator contractor employs licensed elevator
mechanics and have proof of compliance with insurance requirements.
Applicants for an elevator inspector's license must demonstrate to the
satisfaction of the Commissioner that such applicant meets or exceeds
the current national standards for elevator inspectors.
Additionally, the renewal of all licenses shall be conditioned upon the
completion of continuing education.
Section 955: Powers of the commissioner. The Commissioner shall have the
authority to inspect, or cause to be inspected, ongoing or completed
conveyances projects, issue notices of violations, suspend or revoke
licenses or permits, or impose penalties for non-compliance with the
provisions of this article. Additionally, the Commissioner shall promul-
gate such rules and regulations as he or she deems necessary and proper
to effectuate the purposes and provisions of this article and otherwise
make appropriate orders with respect to the repair and construction of
elevators.
Section 956: New York State elevator safety and standards board.
Creates the New York State Elevator Safety and Standards Board which
will consist of nine (9) members of which three (3) each are appointed
by the Governor, Speaker of the Assembly and Temporary President of the
Senate.
Section 957: Exempt persons. Provides that this article shall not be
construed to apply to the practice, conduct, activities, or services by
a person licensed to practice architecture or engineering.
Section 2: Amends the State Finance Law by adding a new section 97-sss
to create the Elevator and related conveyances safety program account
and provides that the account shall be utilized to implement the
provisions of this law.
Section 3 - sets a 180-day effective date; however, any rules, regu-
lations and the appointments to the New York State elevator Safety and
Standards Board may be made before such effective date.
Part B Amends the Administrative Code of the City of New York pertaining
to requirements for the licensing of persons engaged in the design,
construction, inspection, maintenance, alteration, and repair of eleva-
tors and other automated people moving devices. With an effective date
for this section of three years after becoming law.
Section .3 - Severability Clause
Section 4 - sets an immediate effective date
JUSTIFICATION:
The use of unsafe and defective elevators and other automated people
moving conveyances expose employees and the public to unsafe conditions
and create substantial likelihood of serious injury. The improper and
uninformed manner in which some contractors and their employees design,
construct, inspect, maintain, alter and repair such conveyances creates
an unnecessary, and preventable, health and safety risk to employees and
the public. In New York, one of the most notable instances of an eleva-
tor death is that of Suzanne Hart, a Manhattan advertising executive, in
2011. Suzanne was crushed when she tried to walk onto the elevator at
her place of work and it suddenly shot upward, killing her instantly.
Even more recently, there have been multiple deaths and injuries related
to elevator malfunctions. In Mount Vernon, NY, a 12-year-old boy was
injured after falling into an elevator shaft when the closed elevator
doors gave out under his weight. In Schenectady, NY, a restaurant owner
died after being wedged beneath a dumbwaiter that was being repaired. In
Washington Heights, a building supervisor was injured after an elevator
slid down and struck him while he was working near an elevator shaft in
the building. These are only a few instances in an array of devastating
and preventable injuries and deaths. The purpose of this bill is to
protect the public and prevent injury, by requiring proper training of
persons employed to design, construct, inspect, maintain, alter and
repair elevators, or other automated people moving conveyances, and by
requiring the licensing of contractors and the certification of individ-
uals involved in elevator and other automated people moving conveyances
projects.
LEGISLATIVE HISTORY:
2017-2018: A.5815-B(Titus)- Passed Assembly
2015-2016: A.1787-C(Wright)- Passed Assembly
2013-2014: A.5233-B(Wright)- Passed Assembly
2011-2012: A.8359-B(Wright)- Passed Assembly
FISCAL IMPACT ON THE STATE:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that the
applicable effective date of Parts A through B of this act shall be as
specifically set forth in the last section of such Parts.
STATE OF NEW YORK
________________________________________________________________________
4509--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 4, 2019
___________
Introduced by M. of A. CRESPO, OTIS, DE LA ROSA, BUTTENSCHON, RODRIGUEZ,
WALLACE, D'URSO, PICHARDO, REYES, ARROYO, BRONSON, PHEFFER AMATO,
ROZIC, SIMOTAS, GRIFFIN, COOK, COLTON, ABBATE, MAGNARELLI, JOYNER,
BARNWELL, SOLAGES, ORTIZ, ABINANTI, STECK, SEAWRIGHT, M. G. MILLER,
MOSLEY, MORINELLO, BENEDETTO, SIMON, STIRPE, RYAN, WOERNER, JACOBSON,
NIOU, ROMEO, TAYLOR, JAFFEE, DICKENS, LAVINE, AUBRY, McDONALD --
Multi-Sponsored by -- M. of A. DenDEKKER, DINOWITZ, ENGLEBRIGHT, PRET-
LOW, RAMOS -- read once and referred to the Committee on Labor --
reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the labor law and the state finance law, in relation to
requiring the licensing of persons engaged in the design,
construction, inspection, maintenance, alteration, and repair of
elevators and other automated people moving devices (Part A); and to
amend the administrative code of the city of New York, in relation to
the licensing of approved elevator agency directors, inspectors, and
technicians performing elevator work in the city of New York; and to
repeal the definition of private elevator inspection agency in section
28-401.3 of the administrative code of the city of New York (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law legislation providing for elevator
2 safety. Each component is wholly contained within a Part identified as
3 Parts A through B. The effective date for each particular provision
4 contained within such Part is set forth in the last section of such
5 Part. Any provision in any section contained within a Part, including
6 the effective date of the Part, which makes reference to a section "of
7 this act", when used in connection with that particular component, shall
8 be deemed to mean and refer to the corresponding section of the Part in
9 which it is found. Section four of this act sets forth the general
10 effective date of this act.
11 § 2. Legislative findings and declaration. The legislature hereby
12 finds that the use of unsafe and defective elevators and other automated
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05563-11-9
A. 4509--A 2
1 people moving conveyances may expose the public to unsafe conditions and
2 increase the risk of injury. The legislature finds that improper design,
3 construction, maintenance and repair of such conveyances is preventable
4 by requiring proper training of persons employed to perform work on
5 elevators and other automated people moving conveyances and by requiring
6 the licensing of contractors and the certification of individuals
7 involved in elevator and other automated people moving conveyances
8 projects.
9 Nothing in this act is intended to create, expand, diminish, limit,
10 impair, or supersede any rights under current law, rule, or regulation,
11 or resulting from a determination of a court or the national labor
12 relations board with regard to building trades and the work of such
13 building trade. Nor is it intended to abrogate any rights or duties
14 under any contract with regard to building trades and the work of such
15 building trade.
16 PART A
17 Section 1. The labor law is amended by adding a new article 33 to read
18 as follows:
19 ARTICLE 33
20 ELEVATORS AND OTHER CONVEYANCES; LICENSING
21 Section 950. Application.
22 951. Definitions.
23 952. Licensing, permit, registration and compliance require-
24 ments.
25 953. License and permit procedure.
26 954. Qualifications, training and continuing education.
27 955. Powers of the commissioner.
28 956. New York state elevator safety and standards board.
29 957. Exempt persons.
30 § 950. Application. 1. The design, construction, erection, installa-
31 tion, inspection, testing, maintenance, alteration, service, and repair
32 of the following equipment are covered by this article:
33 (a) hoisting and lowering mechanisms equipped with a car or platform
34 which moves between two or more landings. This equipment includes, but
35 is not limited to elevators, platform lifts and non-residential stairway
36 chair lifts;
37 (b) power driven stairways and walkways for carrying persons between
38 landings. This equipment includes, but is not limited to, escalators
39 and moving walks;
40 (c) hoisting and lowering mechanisms equipped with a car, which serves
41 two or more landings and is restricted to the carrying of material by
42 its limited size or limited access to the car. This equipment includes,
43 but is not limited to, dumbwaiters, material lifts, and dumbwaiters with
44 automatic transfer devices as defined in section nine hundred fifty-one
45 of this article; and
46 (d) automatic guided transit vehicles on guideways with an exclusive
47 right of way. This equipments includes, but is not limited to, auto-
48 mated people movers.
49 2. The following equipment is not covered by this article:
50 (a) personnel and material hoists;
51 (b) manlifts;
52 (c) mobile scaffolds, towers, and platforms;
53 (d) powered platforms and equipment for exterior and interior mainte-
54 nance;
A. 4509--A 3
1 (e) conveyor and related equipment;
2 (f) cranes, derricks, hoists, hooks, jacks and slings;
3 (g) industrial trucks;
4 (h) portable equipment, except for portable escalators;
5 (i) tiering and piling machines used to move materials to and from
6 storage located and operating entirely within one story;
7 (j) equipment for feeding or positioning materials including, but not
8 limited to, machine tools and printing presses;
9 (k) skip or furnace hoists;
10 (l) wharf ramps;
11 (m) railroad car lifts or dumpers;
12 (n) stairway chairlifts for private residences;
13 (o) line jacks, false cars, shafters, moving platforms and similar
14 equipment used for installing an elevator by a contractor licensed in
15 this state;
16 (p) operation of inside cars (elevators); and
17 (q) operation of an elevator that has received a temporary certificate
18 of occupancy.
19 3. The licensing, permitting and certification provisions of this
20 article shall not apply to the owners or lessees of private residences
21 who design, erect, construct, install, alter, repair, service or main-
22 tain conveyances that are located or will be located in such owner or
23 lessee's private residence. However, any person hired to design, erect,
24 construct, install, alter, repair, service, maintain, or perform any
25 other work related to such conveyances must comply with the provisions
26 of this article.
27 4. No license shall be required for the removal or dismantling of
28 conveyances.
29 5. The provisions of this article and the rules adopted pursuant ther-
30 eto shall be the minimum standard required and shall supersede any
31 special law or local ordinance inconsistent therewith, and no local
32 ordinance inconsistent therewith shall be adopted, but nothing herein
33 contained shall prevent the enactment by local law or ordinance of addi-
34 tional requirements and restrictions.
35 6. The provisions of this article shall not apply to cities having a
36 population of one million or more.
37 § 951. Definitions. As used in this article, the following terms shall
38 have the following definitions:
39 1. "Automated people mover" means a guided transit mode with fully
40 automated operation, featuring vehicles that operate on guideways with
41 exclusive right-of-way.
42 2. "Board" means the New York state elevator safety and standards
43 board established by section nine hundred fifty-six of this article.
44 3. "Certificate of operation" means a document issued by the commis-
45 sioner that indicates that the elevator or related conveyance has had
46 the required safety inspection and tests and that the fees required by
47 this article have been paid.
48 4. "Temporary certificate of operation" means a document issued by the
49 commissioner which permits the temporary use of a non-compliant elevator
50 or related conveyance by the general public for a limited time, not to
51 exceed thirty days, while minor repairs are being completed.
52 5. "Conveyance" means any elevator, dumbwaiter, escalator, moving
53 sidewalk, platform lifts, non-residential stairway chairlifts and auto-
54 mated people movers.
55 6. "Dormant elevator, dumbwaiter, or escalator" means an installation
56 placed out of service under the following circumstances: (a) when an
A. 4509--A 4
1 installation's power has been disconnected and (i) when an electric
2 elevator, dumbwaiter, or material lift whose suspension ropes have been
3 removed, whose car and counterweight rest at the bottom of the hoistway,
4 and whose hoistway doors have been permanently barricaded or sealed in
5 the closed position on the hoistway side; or (ii) a hydraulic elevator,
6 dumbwaiter, or material lift whose car rests at the bottom of the hoist-
7 way and whose doors are permanently barricaded or sealed; or (iii) an
8 escalator or moving walk whose entrances have been permanently barricad-
9 ed; or (b) as determined by state or local law, code, rule, or regu-
10 lations.
11 7. "Elevator" means a hoisting and lowering mechanism, equipped with a
12 car, that moves within guides and serves two or more landings.
13 8. "Elevator contractor" means, a public corporation, or instrumental-
14 ity of a public corporation, self-employed person, company, unincorpo-
15 rated association, firm, partnership, limited liability company, corpo-
16 ration, or any other entity, or any owner or operator of any of the
17 foregoing entities, who possesses an elevator contractor's license in
18 accordance with the provisions of sections nine hundred fifty-two and
19 nine hundred fifty-three of this article and is engaged in the business
20 of designing, erecting, constructing, installing, altering, repairing,
21 servicing or maintaining elevators or other automated people moving
22 conveyances covered by this article.
23 9. "Elevator helper/apprentice/assistant mechanic" means any person
24 who works under the general direction of a licensed elevator mechanic.
25 10. "Elevator inspector" means any person who possesses an elevator
26 inspector's license in accordance with the provisions of this article.
27 11. "Elevator mechanic" means any person who possesses an elevator
28 mechanic's license in accordance with the provisions of this article.
29 12. "Escalator" means power-driven, inclined, continuous stairway used
30 for raising or lowering passengers.
31 13. "Existing installation" means an installation that has been
32 completed or is under construction prior to the effective date of this
33 article.
34 14. "License" means a license duly issued by the commissioner, author-
35 izing the design, erection, construction, installation, alteration,
36 repair, service, maintenance, or inspection of elevators or other
37 conveyances covered by this article.
38 15. "Elevator contractor's license" means a license which entitles the
39 holder thereof to engage in the business of designing, erecting,
40 constructing, installing, altering, repairing, servicing or maintaining
41 conveyances covered by this article.
42 16. "Elevator inspector's license" means a license which entitles the
43 holder thereof to engage in the business of inspecting or testing
44 conveyances covered by this article.
45 17. "Elevator mechanic's license" means a license which entitles the
46 holder thereof to install, construct, alter, service, repair, test,
47 maintain, and perform work on conveyances or other automated people
48 movers covered by this article.
49 18. "Moving walk/sidewalk" means a type of passenger-carrying device
50 on which passengers stand or walk, and in which the passenger-carrying
51 surface remains parallel to its direction of motion and is uninter-
52 rupted.
53 19. "Permit" means a document issued by the commissioner prior to the
54 commencement of work that permits a conveyance to be erected,
55 constructed, installed, or altered under plans approved by the commis-
56 sioner pursuant to this article.
A. 4509--A 5
1 20. "Person" means any natural person.
2 21. "Private residence" means a separate dwelling or a separate apart-
3 ment in a multiple dwelling, which is occupied by members of a single
4 family unit.
5 22. "Repair" means reconditioning or renewal of parts, components,
6 and/or subsystems necessary to keep equipment in compliance with appli-
7 cable code requirements.
8 23. "Alteration" means any change to equipment, including its parts,
9 components, and/or subsystems, other than maintenance, repair, or
10 replacement, but shall not include the professional services of engi-
11 neering or architecture as defined in sections seventy-two hundred one
12 and seventy-three hundred one of the education law.
13 24. "Design" means the act or process of planning the repair, alter-
14 ation or construction of any conveyance, but shall not include the
15 professional services of engineering or architecture as defined in
16 sections seventy-two hundred one and seventy-three hundred one of the
17 education law.
18 25. "Construction" means the act or process of constructing any
19 conveyance.
20 26. "Inspection" means a critical examination, observation or evalu-
21 ation of quality and code compliance of any conveyance.
22 27. "Testing" means a process or trial of operation of any conveyance.
23 28. "Maintenance" means a process of routine examination, lubrication,
24 cleaning, and adjustment of parts, components, and/or subsystems for the
25 purpose of ensuring performance in accordance with any applicable code
26 requirements.
27 29. "Service or servicing" means a service call or other unscheduled
28 visit, not including routine maintenance or a repair, from a licensed
29 elevator mechanic to troubleshoot, adjust or repair an improperly func-
30 tioning or an otherwise shut down conveyance.
31 30. "Temporarily dormant elevator, dumbwaiter, or escalator" means an
32 installation temporarily placed out of service under the following
33 circumstances: (a) (i) when such installation's power supply has been
34 disconnected; and (ii) the car is parked and any doors are closed and
35 latched; and (iii) a wire seal is installed on the mainline disconnect
36 switch by a licensed elevator inspector; or (b) as determined by state
37 or local law, code, rule, or regulation.
38 31. "Erect" means to vertically construct or connect any conveyance or
39 part or system thereof.
40 32. "Personnel and material hoists" means rack and pinion hoists,
41 alimaks and machines of a similar nature used for the hoisting of
42 construction material, equipment and personnel, or the removal of
43 debris, all during the construction, renovation and/or demolition phase
44 of any construction project whether an inside or outside hoist.
45 33. "Installation" means to place or fix any conveyance or part or
46 system thereof, in position for operation.
47 Temporarily dormant installations shall not be used until such instal-
48 lation has been restored to a safe running order and is in condition
49 suitable for use in accordance with all applicable laws, codes, rules
50 and regulations. Such temporarily dormant installation shall be subject
51 to continued inspections for the duration of the "temporarily dormant"
52 status by a licensed elevator inspector. Such inspector shall file a
53 report with the commissioner describing the conditions of such temporar-
54 ily dormant installation. The report shall be filed annually or more or
55 less frequent as determined by the commissioner. "Temporarily dormant"
A. 4509--A 6
1 status shall be renewable on an annual basis, but shall not exceed a
2 five-year period.
3 No person shall remove the wire seal and padlock for any purpose with-
4 out the express permission of the elevator inspector.
5 § 952. Licensing, permit, registration and compliance requirements. 1.
6 Except as otherwise provided for in subdivisions three and four of
7 section nine hundred fifty of this article, it shall be a violation of
8 this article for any elevator contractor to design, erect, construct,
9 install, alter, replace, service, or maintain, any conveyance contained
10 within buildings or structures in this state unless such elevator
11 contractor holds an elevator contractor's license.
12 2. Except as otherwise provided for in subdivisions three and four of
13 section nine hundred fifty of this article, it shall be a violation of
14 this article for any person to wire any conveyance, from the mainline
15 feeder terminals on the controller, in this state unless such person has
16 an elevator mechanic's license and is working under the direct super-
17 vision of a licensed elevator contractor pursuant to this article. No
18 other license shall be required for this work, excluding the installa-
19 tion of branch circuits and wiring terminations for machine room and pit
20 lighting, receptacles and HVAC as described in the NFPA National Elec-
21 tric Code 620.23 and 620.24 as well as fire and heat detectors and
22 alarms, may be performed by a licensed electrical contractor.
23 3. Except as otherwise provided for in subdivision three of section
24 nine hundred fifty of this article, it shall be a violation of this
25 article for any person to inspect or test any conveyance within build-
26 ings or structures unless such person holds an elevator inspector's
27 license.
28 4. Except as otherwise provided for in subdivisions three and four of
29 section nine hundred fifty of this article, it shall be a violation of
30 this article for any elevator contractor to erect, construct, install,
31 or alter conveyances within buildings or structures within this state
32 unless a permit therefor has been issued by the commissioner before work
33 is commenced. No permit shall be issued except to a person holding a
34 valid elevator contractor's license. A copy of such permit shall be kept
35 at the construction site at all times while the work is in progress. An
36 application for a permit under this section with the commissioner shall
37 not be required if an authority having jurisdiction ("AHJ") posts all
38 permits issued to elevator contractors on the AHJ's official website
39 within forty-eight hours of their issuance. The information required to
40 be published must include, at a minimum, the date of issuance, the work
41 covered by the permit, the elevator contractor or contractors involved
42 and location and type of work to be performed.
43 5. Except as otherwise provided in subdivision three of section nine
44 hundred fifty of this article, all new conveyance installations shall be
45 performed by an elevator contractor licensed to install such conveyance.
46 Subsequent to installation, the elevator contractor must certify compli-
47 ance to the commissioner with the applicable sections of this article as
48 well as any other applicable law, rule, regulation or code. Prior to
49 such conveyances being used, the property owner or lessee must obtain a
50 certificate of operation from the commissioner. A fee, as set forth in
51 this article, shall be paid for such certificate of operation, however,
52 no such fee shall be required for conveyances in private residences. It
53 is the responsibility of the licensed elevator contractor to complete
54 and submit registrations for new installations. A certificate of opera-
55 tion shall be valid for one year, except for certificates issued for
56 platform lifts for private residences, which shall be valid for a period
A. 4509--A 7
1 of three years. Certificates of operation must be clearly and conspicu-
2 ously displayed on, in or around each conveyance and be accessible to
3 the state or locality inspecting or enforcing any applicable law, rule,
4 regulation or code. An application for a certificate of operation under
5 this section with the commissioner shall not be required if an authority
6 having jurisdiction ("AHJ") posts all certificates of operation issued
7 to a building owner on the AHJ's official website within forty-eight
8 hours of their issuance. The information required to be published must
9 include, at a minimum, the date of issuance, the unit subject to the
10 certificate of operation, the name and address of the building owner,
11 and the address of the unit.
12 6. Except as otherwise provided in subdivision three of section nine
13 hundred fifty of this article, the certificate of operation for newly
14 installed platform lifts for private residences shall be issued only
15 subsequent to an inspection by a licensed third party inspection firm.
16 The certificate of operation fee for all new and existing platform lifts
17 for private residences and any renewal certificate fees are hereby
18 waived. The inspection of private residence platform lifts shall be done
19 at the request and consent of the private residence's owner or lessees.
20 7. It shall be the responsibility of licensees to ensure that the
21 installation, service or maintenance of conveyances is performed in
22 compliance with existing state and local building and maintenance codes.
23 § 953. License and permit procedure. All applications for elevator
24 contractor's, elevator mechanic's, and elevator inspector's licenses and
25 required permits shall be submitted to the department in writing on
26 forms furnished by the commissioner and shall contain the information
27 set forth in this section as well as any additional information that the
28 commissioner may require. The commissioner shall also set fees for
29 licensing and permitting under this section.
30 1. Applications for licenses. Every application for a license under
31 this article shall include the following:
32 (a) the name, residence address and business address of the applicant;
33 (b) the number of years the applicant has engaged in the business or
34 practice of designing, constructing, erecting, installing, inspecting,
35 testing, repairing, altering, maintaining, or servicing conveyances
36 covered by this article;
37 (c) the approximate number of persons, if any, to be employed by the
38 applicant for an elevator contractor's license;
39 (d) evidence that the applicant is or will be covered by general
40 liability, personal injury and property damage insurance; and
41 (e) any other information which the commissioner may require.
42 Upon approval of an application for a license the commissioner shall
43 issue such license which shall be valid for two years. The fees for such
44 license and renewal thereof shall be set by the commissioner. Any denial
45 for such application shall set forth the reasons therefor.
46 2. Application for permits. Every application for a permit under this
47 article shall include plans and specifications stamped and signed by a
48 professional engineer and/or an architect licensed pursuant to article
49 one hundred forty-five and/or article one hundred forty-seven of the
50 education law. Every application for a permit under this article shall
51 include the following:
52 (a) copies of the specifications and accurately scaled and fully
53 dimensioned plans showing the location of the installation in relation
54 to the plans and elevation of the building;
55 (b) the location of the machinery room and the equipment to be
56 installed, relocated or altered;
A. 4509--A 8
1 (c) all structural supporting members thereof, including foundations;
2 (d) a list of all materials to be employed and all loads to be
3 supported and conveyed;
4 (e) any other information that the commissioner may require to ensure
5 that such plans and specifications are sufficiently complete and illus-
6 trate all details of construction and design;
7 (f) any required permitting fees, which are subject to return upon
8 denial of a permit application; and
9 (g) the department shall maintain and publish a registry of all
10 licensed elevator mechanics, contractors and inspectors, which shall
11 list and identify, all licensed elevator mechanics, contractors, and
12 inspectors doing business in this state. The department shall make the
13 registry available on its website.
14 Upon approval of an application for a permit the commissioner shall
15 issue such permit. Such permit shall state the time by which the work
16 shall commence and also when such permit expires. If after the work has
17 been started, work is suspended or abandoned for a period of sixty days,
18 or such shorter period of time as the commissioner may specify at the
19 time the permit is issued, the permit shall expire. Upon expiration of
20 a permit for which work has not been completed, the commissioner may
21 extend such permit.
22 3. Licensing and permitting exemptions. Whenever an emergency exists
23 in this state due to a disaster or act of God, which imperils the
24 health, safety or welfare of an individual or individuals and placing
25 such individual or individuals in imminent danger of injury or death and
26 the number of persons in the state holding licenses granted by the board
27 is insufficient to cope with such emergency, any person certified by a
28 licensed elevator contractor to have an acceptable combination of docu-
29 mented experience and education to perform elevator work without direct
30 and immediate supervision shall seek an emergency elevator mechanic's
31 license from the commissioner within five business days after commencing
32 work requiring a license. The commissioner shall issue emergency eleva-
33 tor mechanic's licenses to address the emergency that exists. The
34 licensed elevator contractor shall furnish proof of competency as the
35 commissioner may require. Each such license shall recite that it is
36 valid for a period of fifteen days from the date thereof and for such
37 particular elevators or geographical areas as the commissioner may
38 designate to address the emergency situation and otherwise shall entitle
39 the licensee to the rights and privileges of an elevator mechanic's
40 license issued in this article. The commissioner shall renew an emer-
41 gency elevator mechanic's license during the existence of an emergency
42 as needed. No fee shall be charged for any emergency elevator mechanic's
43 license or renewal thereof.
44 4. Restricted license. A restricted class of lift mechanic license
45 shall be known as "accessibility technician". Such class of license
46 shall be restricted to performing work involving platform lifts includ-
47 ing those installed in private residences which are covered by the
48 provisions of ASME (American society of mechanical engineer) codes and
49 standards A18.1-2005. An applicant for such restricted license shall
50 complete an application approved by the board and shall have at least
51 three years verified work experience in constructing, maintaining and
52 repairing those lifts covered by ASME A18.1-2005 and shall provide to
53 the commissioner a certificate of completion of an accessibility train-
54 ing program for lifts under the scope of A18.1-2005 such as the certi-
55 fied accessibility training provided by the national association of
A. 4509--A 9
1 elevator contractors, or an equivalent program as deemed by the depart-
2 ment.
3 § 954. 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:
8 (a) acceptable proof that he or she has worked on elevator
9 construction, maintenance or repair with direct and immediate super-
10 vision in this state for a period of not less than four years immediate-
11 ly prior to the effective date of this article, provided that such
12 applicant shall file such application within one year of release and
13 access to the licensing application as defined in this article; or
14 (b) a certificate of successful completion of the joint apprentice and
15 training committee of the elevator industry of local 3, IBEW, EE divi-
16 sion training program or an apprenticeship program for elevator mechan-
17 ics, having standards substantially equal to those of this chapter, and
18 registered with the bureau of apprenticeship and training, U.S. depart-
19 ment of labor or a state apprenticeship council; or
20 (c) industry educational program, The National Association of Elevator
21 Contractors (NAEC) Certified Elevator Technician (CET), or their equiv-
22 alent; or
23 (d) The commissioner shall upon application and without examination,
24 issue a license to any person over the age of eighteen years who has
25 been duly licensed by any other state of the United States to engage in
26 the business of construction, inspection, maintenance, alteration and
27 repair of elevators as verified by current and previous employers, upon
28 compliance with standards and requirements not lower, in the judgement
29 of the commissioner than those of this state, provided, however, that
30 such state extends the same reciprocity to the licensees of this state.
31 Such application shall be accompanied by the required license fee.
32 2. Applicants for an elevator contractor's license must demonstrate to
33 the commissioner that such elevator contractor employs licensed elevator
34 mechanics who perform the work described in section nine hundred fifty
35 of this article and have proof of compliance with the insurance require-
36 ments set forth in paragraph (d) of subdivision one of section nine
37 hundred fifty-three of this article.
38 3. Applicants for an elevator inspector's license must demonstrate to
39 the satisfaction of the commissioner that such applicant meets or
40 exceeds applicable standards such as a Qualified Elevator Inspector
41 (QEI) or its equivalent. Private elevator inspectors shall maintain the
42 same insurance requirements as an elevator contractor.
43 4. (a) The renewal of all licenses granted under the provisions of
44 this subdivision shall be conditioned upon the submission of a certif-
45 icate of completion of a course designed to ensure the continuing educa-
46 tion of licensees on new and existing national, state, and local convey-
47 ances codes and standards and on technology and technical education and
48 workplace safety. Such course shall consist of not less than eight
49 contact hours (.8 CEU) annually and completed preceding any such license
50 renewal. The commissioner shall establish requirements for continuing
51 education and training programs, and shall approve such programs, as
52 well as maintain a list of approved programs which shall be made avail-
53 able to license applicants, permit applicants, renewal applicants and
54 other interested parties upon request. The commissioner shall promulgate
55 rules and regulations setting forth the criteria for approval of such
56 programs, the procedures to be followed in applying for such approval,
A. 4509--A 10
1 and other rules and regulations as the commissioner deems necessary and
2 proper to effectuate the purposes of this section.
3 (b) The commissioner shall assess a fee for each training program
4 completion certificate and for each refresher training program
5 completion certificate provided, however, that in no event shall the
6 cost of such certificates be assessed by the sponsor of such training
7 program against the participants.
8 5. The renewal of all licenses granted under the provisions of this
9 section shall be conditioned upon the submission of a certificate of
10 completion of a course designed to ensure the continuing education of
11 licensees on new and existing regulations of the department. Such course
12 shall consist of not less than eight contact hours (.8 CEU) of instruc-
13 tion that shall be attended and completed annually prior to any such
14 license renewal.
15 The courses shall be taught through continuing education providers
16 that may include, but shall not be limited to, association seminars, and
17 labor training programs or programs that deliver an approved apprentice-
18 ship and are registered with the department or the New York state
19 apprenticeship training council. The commissioner shall approve the
20 continuing education providers. All instructors shall be exempt from the
21 requirements of the preceding paragraph with regard to their application
22 for license renewal provided that such applicant was qualified as an
23 instructor at any time during the one year immediately preceding the
24 scheduled date for such renewal.
25 Approved training providers shall keep uniform records, for a period
26 of six years, of attendance of licensees following a format approved by
27 the commissioner and such records shall be available for inspection by
28 the commissioner at his or her request. Approved training providers
29 shall be responsible for the security of all attendance records and
30 certificates of completion; provided, however, that falsifying or know-
31 ingly allowing another to falsify such attendance records or certif-
32 icates of completion shall constitute grounds for suspension or revoca-
33 tion of the approval required under this section.
34 § 955. Powers of the commissioner. 1. The commissioner shall have the
35 authority to inspect, or cause to be inspected, ongoing or completed
36 conveyances projects and to conduct an investigation thereof upon the
37 commissioner's own initiation or upon receipt of a complaint by any
38 person or entity. However, nothing in this subdivision shall permit the
39 commissioner to enter a private residence.
40 2. If, upon receipt of a complaint alleging a violation of this arti-
41 cle, the commissioner reasonably believes that such violation exists, he
42 or she shall investigate as soon as practicable to determine if such
43 violation exists. If the commissioner determines that no violation or
44 danger exists, the commissioner shall inform the complaining person or
45 entity.
46 3. If, upon investigation, the commissioner determines that the
47 alleged violation exists, the commissioner may deliver to such owner or
48 elevator contractor or his or her agent or representative a written
49 order to cure such violation and may order that their permit to work on
50 such installation, repair or maintenance project shall be suspended
51 until such violation is cured. Such order shall specifically enumerate
52 the violations which constitute the basis of the order to cure or order
53 of suspension and shall specify the corrective action to be taken. The
54 commissioner may allow the permit to toll during the time of such order.
55 4. Upon receipt of a written notice from the elevator contractor, or
56 his or her agent or representative, that such violation has been
A. 4509--A 11
1 corrected, the commissioner shall, within ten days, issue a determi-
2 nation as to whether such order to cure has been satisfied and such
3 order of suspension, if any, shall be lifted. If the commissioner deter-
4 mines that the order to cure has not been satisfied he or she may
5 continue such order for a reasonable period of time upon the consent of
6 the contractor, or his or her agent or representative. If the commis-
7 sioner does not continue the order, or if the contractor, or his or her
8 agent or representative does not consent to such continuation, the
9 contractor shall have the right to a hearing to determine if such order
10 shall be lifted. Any entity or contractor who may be adversely affected
11 by a notice, suspension, or determination issued under this section may
12 commence a proceeding pursuant to article seventy-eight of the civil
13 practice law and rules.
14 5. The commissioner may, after a notice and hearing, suspend or revoke
15 a license issued under this article based on any of the following
16 violations:
17 (a) any false statement as to a material matter in the application;
18 (b) fraud, or misrepresentation, in securing a license;
19 (c) failure to notify the commissioner and the owner or lessee of a
20 conveyance of any condition not in compliance with this article;
21 (d) a violation of section nine hundred fifty-two of this article; or
22 (e) a finding by the commissioner that a contractor has violated this
23 article or any rule or regulation promulgated thereunder twice within a
24 period of three years, or that a contractor has violated a provision of
25 this article and such violation resulted in a serious threat to the
26 health or safety of an individual or individuals. The commissioner may,
27 in addition to ordering that such contractor's license be revoked, bar
28 such individual from being eligible to reapply for such license for a
29 period not to exceed two years.
30 6. The commissioner may, after notice and hearing, revoke a permit
31 issued under this article based on any of the following violations:
32 (a) any false statements or misrepresentation as to a material fact in
33 the application, plans, or specifications on which the permit was based;
34 (b) any application which by omission or mistake fails to comply with
35 the requirements of this article;
36 (c) any failure to perform work in accordance with the provisions of
37 the application, plans or specifications or with the requirements of
38 this article or conditions of the permit;
39 (d) a failure by the owner or elevator contractor to whom the permit
40 was issued to comply with an order issued pursuant to subdivision four
41 of this section; or
42 (e) a finding by the commissioner that an individual or contractor who
43 has been issued a permit has violated any provision under section nine
44 hundred fifty-two of this article.
45 7. (a) Except as provided in paragraph (b) of this subdivision, if the
46 commissioner finds, after notice and hearing, that an individual has
47 violated any provision of this article, he or she may impose a civil
48 penalty not to exceed one thousand dollars for each such violation. Upon
49 a second or subsequent violation within three years of the determination
50 of a prior violation, the commissioner may impose a civil penalty not to
51 exceed two thousand dollars.
52 (b) The penalty provided for in paragraph (a) of this subdivision may
53 be increased to an amount not to exceed five thousand dollars if the
54 violation resulted in a serious threat to the health or safety of an
55 individual or individuals.
A. 4509--A 12
1 8. Any entity or contractor who may be adversely affected by an order
2 issued under this section may commence a proceeding pursuant to article
3 seventy-eight of the civil practice law and rules.
4 9. The commissioner may bring an action in a court of competent juris-
5 diction to enjoin any conduct that violates the provisions of this arti-
6 cle.
7 10. The commissioner may promulgate rules and regulations necessary to
8 carry out and effectuate the provisions of this article.
9 § 956. New York state elevator safety and standards board. 1. An
10 elevator safety and standards board is hereby created, to consist of
11 nine members. The governor, the temporary president of the senate, and
12 the speaker of the assembly shall each appoint three members. The gover-
13 nor's appointees shall be comprised of a representative of a major
14 elevator manufacturing company, an elevator inspector and a building
15 owner, manager or representative; the temporary president of the
16 senate's appointees shall be comprised of an elevator servicing company,
17 an elevator architectural designer or consultant, and an individual from
18 an elevator industry association; the speaker of the assembly's appoint-
19 ees shall be comprised of an elevator contractor employee labor union,
20 an elevator mechanic, and a fire marshal. The commissioners of health,
21 labor, education, and economic development or their designees shall be
22 ex-officio members. The board shall meet on an as needed basis to advise
23 the commissioner on the implementation of this article. The board shall
24 elect a chairperson to serve for the term of their appointment to the
25 board. The board shall prepare an annual report for the governor and
26 the legislature, copies of which shall be sent to the commissioners of
27 health, education, economic development, and labor.
28 2. The first member appointed by the governor, the temporary president
29 of the senate, and the speaker of the assembly shall have a term of one
30 year; the second member appointed by each shall have a term of two years
31 and the remaining members shall have a term of three years. Each of such
32 appointed members shall hold office for the term for which such member
33 was appointed and until his or her successor shall have been appointed
34 or until he or she shall resign. The term of office of all successor
35 members shall be three years. The members shall serve without salary or
36 compensation, but shall be reimbursed for necessary expenses incurred in
37 the performance of their duties.
38 3. The board may consult with engineering authorities and organiza-
39 tions concerned with standard safety codes, rules and regulations
40 governing the maintenance, servicing, construction, alteration, instal-
41 lation, and inspection of conveyances and the adequate, reasonable, and
42 necessary qualifications of elevator mechanics, contractors, and inspec-
43 tors.
44 4. The duties of the board are as follows:
45 (a) assist the commissioner and the department in establishing the
46 state regulations for equipment covered by this article;
47 (b) develop recommendations for an enforcement program which will
48 ensure compliance with the regulations and requirements promulgated by
49 the commissioner pursuant to this article;
50 (c) assist the commissioner in granting exceptions and variances from
51 the literal requirements of the applicable code and standards, regu-
52 lations, and local legislation, in cases where such variances would not
53 jeopardize the public safety and welfare;
54 (d) assist the commissioner in setting fee schedules for licenses,
55 permits, and inspections. The fees shall reflect the actual costs and
56 expenses to conduct the duties as described in this article; and
A. 4509--A 13
1 (e) assist the commissioner in any and all things necessary or conven-
2 ient to the commissioner's duty to carry out the purposes of this arti-
3 cle.
4 § 957. Exempt persons. This article shall not be construed to apply to
5 the practice, conduct, activities, or services by a person licensed to
6 practice architecture within this state pursuant to article one hundred
7 forty-seven of the education law or engineering within this state pursu-
8 ant to article one hundred forty-five of the education law.
9 § 2. The state finance law is amended by adding a new section 97-ssss
10 to read as follows:
11 § 97-ssss. Elevator and related conveyances safety program account.
12 1. There is hereby established in the custody of the state comptroller
13 the elevator and related conveyances safety program account.
14 2. Such fund shall consist of moneys collected pursuant to the
15 provisions of article thirty-three of the labor law.
16 3. Moneys of the fund shall be available to the commissioner of labor
17 for purposes of offsetting the costs incurred by the commissioner of
18 labor for the administration of article thirty-three of the labor law,
19 including the administration of elevator and related conveyances safety
20 programs, the administration of licenses and permits, and the adminis-
21 tration of certificates of operation as set forth in such article thir-
22 ty-three.
23 4. The moneys shall be paid out of the fund on the audit and warrant
24 of the comptroller on vouchers certified or approved by the commissioner
25 or his or her designee.
26 5. Notwithstanding the provisions of any general or special law, no
27 moneys shall be available from the fund until a certificate of allo-
28 cation and a schedule of amounts to be available therefor shall have
29 been issued by the director of the budget, and a copy of such certif-
30 icate filed with the comptroller. Such certificate may be amended from
31 time to time by the director of the budget and a copy of each such
32 amendment shall be filed with the comptroller.
33 § 3. This act shall take effect on the one hundred eightieth day after
34 it shall have become a law, provided, however, that effective immediate-
35 ly, the addition, amendment and/or repeal of any rules or regulations
36 necessary for the implementation of this act on its effective date, and
37 the appointment of the New York state elevator safety and standards
38 board, are authorized and directed to be established, made and completed
39 on or before such effective date.
40 PART B
41 Section 1. The undesignated paragraph subtitled "private elevator
42 inspection agency" of section 28-401.3 of the administrative code of the
43 city of New York is REPEALED and three new undesignated paragraphs are
44 added following the undesignated paragraph subtitled "direct employ" to
45 read as follows:
46 ELEVATOR AGENCY. An approved agency authorized by the commissioner to
47 perform elevator work and to inspect and test elevators, escalators and
48 other conveying equipment regulated by this code.
49 ELEVATOR AGENCY HELPER. An individual having required qualifications
50 to perform elevator work, as defined in this chapter, under the direct
51 and continuing supervision of an elevator agency director, and in the
52 presence of a licensed elevator agency technician.
53 ELEVATOR WORK. Alteration, assembly, installation, maintenance,
54 repair, replacement and modernization work, as defined by ASME A17.1 as
A. 4509--A 14
1 modified by appendix K of the New York city building code, performed on
2 conveyances regulated by this code or other applicable laws or rules.
3 Elevator work does not include material hoists, platform lifts, stair
4 chair lifts, or personnel hoists.
5 § 2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
6 tive code of the city of New York, as added by section 91 of part A of
7 local law number 141 of the city of New York for the year 2013, are
8 amended to read as follows:
9 ARTICLE 421
10 [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
11 § 28-421.1 [Private elevator inspection] Elevator agency director
12 license required. [Only private elevator inspection agencies may] It
13 shall be unlawful to perform elevator work as defined by this chapter or
14 perform and/or witness inspections and tests or enter into contracts
15 pursuant to article 304 of chapter 3 of this code unless licensed pursu-
16 ant to this article. Each [such] elevator agency shall designate one
17 director in responsible charge who shall be licensed pursuant to this
18 article. The designated director in responsible charge shall be in the
19 direct employ of the agency and shall supervise all the operations of
20 the agency. All elevator work shall be performed by individuals who are
21 under the direct and continuing supervision of the elevator agency
22 director as defined in section 28-401.3 of this chapter. All elevator
23 work performed by such agency pursuant to article 304 of chapter 3 of
24 this code shall be performed by or under the direct and continuing
25 supervision of the designated director in responsible charge.
26 § 28-421.1.1 Additional directors. In addition to the designated
27 director in responsible charge, the agency may have other individuals in
28 its employ who may be issued [private] elevator [inspection] agency
29 director licenses pursuant to this article. [Notwithstanding any other
30 provision of this chapter, such individuals may only perform inspections
31 or other work pursuant to article 304 of chapter 3 of this code under
32 the direct and continuing supervision of the designated director in
33 responsible charge.]
34 § 28-421.2 Qualifications. All applicants for [a private] an elevator
35 [inspection] agency director license shall submit satisfactory proof
36 establishing that the applicant has satisfactorily completed, within two
37 years prior to the date of application, a course that is at least thirty
38 hours in length and approved by the United States department of labor
39 and the occupational safety and health administration in general indus-
40 try training; and also satisfies one of the following:
41 1. Has at least ten years of practical experience in the supervision
42 of the assembly, installation, maintenance, repair, design or inspection
43 of elevators within the fifteen years prior to application; or
44 2. Is an engineer or architect and has at least five years experience
45 in the supervision of the assembly, installation, maintenance, repair,
46 review and approval of design documents or inspection of elevators with-
47 in the seven years prior to application.
48 § 28-421.3 [Director restriction] Restriction. Each [private] eleva-
49 tor [inspection] agency director shall supervise and perform elevator
50 work or inspections and tests pursuant to article 304 of chapter 3 of
51 this code for only one [private] elevator [inspection] agency, and shall
52 not inspect and/or test elevators or perform elevator work on related
53 devices as an inspector [or], director or elevator agency helper for any
54 other [private] elevator [inspection] agency.
A. 4509--A 15
1 § 28-421.4 Place of business. Every licensed [private] elevator
2 [inspection] agency shall have a place of business within the city in
3 conformance with department rules and regulations.
4 ARTICLE 422
5 [PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE
6 § 28-422.1 [Private elevator inspection agency] Elevator agency
7 inspector license required. [Individuals who] It shall be unlawful to
8 witness and/or perform inspections and tests on behalf of [a private] an
9 elevator [inspection] agency pursuant to article 304 of chapter 3 of
10 this code [shall be] unless licensed pursuant to this article. Licensed
11 inspectors shall perform such work under the direct and continuing
12 supervision of a designated director in responsible charge licensed
13 pursuant to article 421 of this chapter.
14 § 28-422.2 Qualifications. [Applicants] All applicants for [a private]
15 an elevator agency inspector license shall submit satisfactory proof
16 establishing that the applicant has satisfactorily completed, within two
17 years prior to the date of application, a course that is at least ten
18 hours in length and approved by the United States department of labor
19 and the occupational safety and health administration in general indus-
20 try standards; and also satisfies the following:
21 1. Has at least seven years of practical experience in the [assembly,
22 installation, repair, design, or] inspection of elevators, or as an
23 elevator mechanic within the ten years prior to application.
24 § 28-422.3 [Inspector restriction] Restriction. Each [private] eleva-
25 tor [inspection] agency inspector shall perform work pursuant to article
26 304 of chapter 3 of this code for only one [private] elevator
27 [inspection] agency, and shall not witness and/or perform inspections
28 and/or test elevators or related devices as an inspector, technician or
29 director for any other [private] elevator [inspection] agency.
30 § 3. Chapter 4 of title 28 of the administrative code of the city of
31 New York is amended by adding three new articles 425, 426 and 427 to
32 read as follows:
33 ARTICLE 425
34 ELEVATOR AGENCY TECHNICIAN LICENSE
35 § 28-425.1 Elevator agency technician license required. It shall be
36 unlawful to perform elevator work as defined in this chapter, unless
37 that work is performed by or under the direction of an elevator agency
38 technician and under the supervision of a designated director of an
39 elevator agency licensed pursuant to article 421 of this chapter.
40 § 28-425.2 Restricted elevator agency technician license. A restricted
41 class of lift mechanic license shall be known as "accessibility techni-
42 cian". Such class of license shall be restricted to performing work
43 involving platform lifts including those installed in private residences
44 which are covered by the provisions of ASME (American society of mechan-
45 ical engineers) codes and standards A18.1-2005. An applicant for such
46 restricted license shall complete an application approved by the board
47 and shall have at least three years verified work experience in
48 constructing, maintaining and repairing those lifts covered by ASME
49 A18.1-2005 and shall provide to the commissioner a certificate of
50 completion of an accessibility training program for lifts under the
51 scope of A18.1-2005 such as the certified accessibility training
52 provided by the national association of elevator contractors, or an
53 equivalent program as deemed by the department.
54 § 28-425.3 Qualifications. All applicants for an elevator agency tech-
55 nician's license shall submit satisfactory proof establishing that the
56 applicant has satisfactorily completed, within two years prior to the
A. 4509--A 16
1 date of application, a course that is at least ten hours in length and
2 approved by the United States department of labor and the occupational
3 safety and health administration in general industry training; and also
4 satisfies one of the following qualifications:
5 1. Acceptable proof that he or she has worked on elevator
6 construction, maintenance or repair with direct and immediate super-
7 vision in this state for a period of not less than four years immediate-
8 ly prior to the effective date of this article, provided that such
9 applicant shall file such application within one year of release and
10 access to the licensing application as defined in this article; or
11 2. Successful completion of a training program of at least four years
12 for elevator maintenance, installation or repair, registered with the
13 bureau of apprenticeship and training, United States department of labor
14 or a New York state apprenticeship council, including but not limited to
15 the national elevator industry elevator educational program; or
16 3. A certificate of successful completion and successfully passing the
17 mechanic examination of a nationally recognized training program for the
18 elevator industry including, but not limited to, the national elevator
19 industry educational program or its equivalent; or
20 4. A certificate of successful completion of the joint apprentice and
21 training committee of the elevator industry of local 3, IBEW, EE divi-
22 sion training program or an apprenticeship program for elevator mechan-
23 ics, having standards substantially equal to those of this chapter, and
24 registered with the bureau of apprenticeship and training, U.S. depart-
25 ment of labor or a state apprenticeship council.
26 No licensing fees shall be charged to any individual who holds a New
27 York state elevator mechanics license and seeks a New York city elevator
28 technicians license.
29 ARTICLE 426
30 ELEVATOR AGENCY HELPER
31 § 28-426.1 Qualifications. The agency may, by rule, establish quali-
32 fications for elevator agency helpers.
33 ARTICLE 427
34 PERMITS
35 § 28-427.1 Applications and permits. All applications/permits issued
36 to elevator contractors shall appear on the department of buildings
37 website within forty-eight hours of issuance. The information required
38 to be published must include, at a minimum, the date of issuance, the
39 work covered by the permit, the elevator contractor or contractors
40 involved and location and type of work to be performed. The department
41 shall maintain and publish a registry of all licensed elevator agency
42 helpers, technicians, and inspectors, which shall list and identify, all
43 licensed elevator agency helpers, technicians, and inspectors, doing
44 business in the city of New York. The department shall make the registry
45 available on its website.
46 § 28-427.2 Licensing and permitting exemptions. Whenever an emergency
47 exists in this state due to a disaster or act of god, which imperils the
48 health, safety or welfare of an individual or individuals and placing
49 such individual or individuals in imminent danger of injury or death and
50 the number of persons in the state holding licenses granted by the board
51 is insufficient to cope with such emergency, any person certified by a
52 licensed elevator contractor to have an acceptable combination of docu-
53 mented experience and education to perform elevator work without direct
A. 4509--A 17
1 and immediate supervision shall seek an emergency elevator mechanic's
2 license from the commissioner within five business days after commencing
3 work requiring a license. The commissioner shall issue emergency eleva-
4 tor mechanic's licenses to address the emergency that exists. The
5 licensed elevator contractor shall furnish proof of competency as the
6 commissioner may require. Each such license shall recite that it is
7 valid for a period of fifteen days from the date thereof and for such
8 particular elevators or geographical areas as the commissioner may
9 designate to address the emergency and otherwise shall entitle the
10 licensee to the rights and privileges of an elevator mechanic's license
11 issued in this article. The commissioner shall renew an emergency eleva-
12 tor mechanic's license during the existence of an emergency as needed.
13 No fee shall be charged for any emergency elevator mechanic's license or
14 renewal thereof.
15 § 28-427.3 License renewal. The renewal of all licenses granted under
16 the provisions of this section shall be conditioned upon the submission
17 of a certificate of completion of a course designed to ensure the
18 continuing education of licensees on new and existing national, state,
19 and local conveyances codes and standards and on technology and techni-
20 cal education and workplace safety. Such course shall consist of not
21 less than eight hours annually and completed preceding any such license
22 renewal. The commissioner shall establish requirements for continuing
23 education and training programs, and shall approve such programs, as
24 well as maintain a list of approved programs, which shall be made avail-
25 able to license applicants, permit applicants, renewal applicants and
26 other interested parties upon request. The commissioner shall promulgate
27 rules and regulations setting forth the criteria for approval of such
28 programs, the procedures to be followed in applying for such approval,
29 and other rules and regulations as the commissioner deems necessary and
30 proper to effectuate the purposes of this section.
31 The renewal of all licenses granted under the provisions of this
32 section shall be conditioned upon the submission of a certificate of
33 completion of a course designed to ensure the continuing education of
34 licensees on new and existing regulations of the department. Such course
35 shall consist of not less than eight hours of instruction that shall be
36 attended and completed annually prior to any such license renewal.
37 The courses shall be taught through continuing education providers
38 that may include, but shall not be limited to, association seminars, and
39 labor training programs or programs that deliver an approved apprentice-
40 ship and are registered with the department or the New York state
41 apprenticeship training council. The commissioner shall approve the
42 continuing education providers.
43 § 28-427.4 Renewal fees. The commissioner shall assess a fee for each
44 training program completion certificate and for each refresher training
45 program completion certificate, provided, however, that in no event
46 shall the cost of such certificates be assessed by the sponsor of such
47 training program against the participants.
48 § 28-427.5 Recordkeeping. All instructors shall be exempt from the
49 requirements of the preceding section with regard to their application
50 for license renewal provided that such applicant was qualified as an
51 instructor at any time during the one year immediately preceding the
52 scheduled date for such renewal. Approved training providers shall keep
53 uniform records, for a period of six years, of attendance of licensees
54 following a format approved by the commissioner and such records shall
55 be available for inspection by the commissioner at his or her request.
56 Approved training providers shall be responsible for the security of all
A. 4509--A 18
1 attendance records and certificates of completion; provided, however,
2 that falsifying or knowingly allowing another to falsify such attendance
3 records or certificates of completion shall constitute grounds for
4 suspension or revocation of the approval required under this section.
5 § 28-427.6 Equivalency. The commissioner shall accept an elevator
6 mechanic's license issued to any person over the age of eighteen years
7 by the state of New York as equivalent to an elevator agency technician
8 license in cities with populations of one million more, as defined in
9 this article, without examination, application or fee, provided that
10 they register annually with the agency.
11 § 4. Section 28-304.6.1 of the administrative code of the city of New
12 York, as amended by section 61 of part A of local law number 141 for the
13 year 2013, is amended to read as follows:
14 § 28-304.6.1 Inspection and testing entities. The required periodic
15 inspections in Table N1 shall be made by the department. The other tests
16 and inspections in Table N1 shall be performed on behalf of the owner by
17 an approved agency in accordance with this code and department rules.
18 Where indicated in Table N1, tests and inspections shall be witnessed by
19 an approved agency not affiliated with the agency performing the test,
20 and not affiliated with the agency performing the elevator work. Not
21 affiliated, as used in this section, shall mean the approved agency
22 owners, directors and inspectors shall be independent of all relative
23 approved agencies, maintenance firms or other entities providing any
24 associated services to the device owner. Such other tests and
25 inspections shall comply with the timeframes established as follows:
26 1. Category 1 inspections and tests shall be performed between January
27 1st and December 31st of each year at a minimal time interval of six
28 months from the date of the previous Category 1 testing. Category 1
29 tests are required on new installations the calendar year following
30 final acceptance test.
31 2. Category 3 inspections and tests for water hydraulics shall be
32 performed every three years on or before the anniversary month of the
33 last Category 3 testing.
34 3. Category 5 inspections and tests shall be performed every five
35 years on or before the month of the final acceptance test for new eleva-
36 tors or the anniversary month of the last Category 5 testing.
37 § 5. This act shall take effect three years after it shall have become
38 a law. Effective immediately, any rules and regulations necessary for
39 the timely implementation of this act on its effective date shall be
40 promulgated on or before such date.
41 § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
42 sion, section or part of this act shall be adjudged by any court of
43 competent jurisdiction to be invalid, such judgment shall not affect,
44 impair, or invalidate the remainder thereof, but shall be confined in
45 its operation to the clause, sentence, paragraph, subdivision, section
46 or part thereof directly involved in the controversy in which such judg-
47 ment shall have been rendered. It is hereby declared to be the intent of
48 the legislature that this act would have been enacted even if such
49 invalid provisions had not been included herein.
50 § 4. This act shall take effect immediately provided, however, that
51 the applicable effective date of Parts A through B of this act shall be
52 as specifically set forth in the last section of such Parts.
