S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1945--A

                       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, COMRIE, DILAN, ESPAILLAT, FLANAGAN, FUNKE, GALLIVAN, GIANAR-
  IS,  GOLDEN,  GRIFFO,  HAMILTON,  HANNON,  HASSELL-THOMPSON,  HOYLMAN,
  KENNEDY, KRUEGER, LANZA, LARKIN, LATIMER, MARTINS, MONTGOMERY, MURPHY,
  ORTT,  PANEPINTO,  PARKER,  PERALTA, PERKINS, RITCHIE, RIVERA, ROBACH,
  SANDERS, SERRANO, SQUADRON, STAVISKY, VALESKY, VENDITTO -- read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Labor  -- recommitted to the Committee on Labor in accordance with
  Senate Rule 6, sec. 8 -- 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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new article 33 to read
as follows:
                               ARTICLE 33
               ELEVATORS AND OTHER CONVEYANCES; LICENSING
SECTION 950. LEGISLATIVE FINDINGS AND DECLARATION.
        951. APPLICATION.
        952. DEFINITIONS.
        953. LICENSING,  PERMIT,  REGISTRATION  AND  COMPLIANCE REQUIRE-
               MENTS.
        954. LICENSE AND PERMIT PROCEDURE.
        955. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
        956. POWERS OF THE COMMISSIONER.
        957. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
        958. EXEMPT PERSONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02916-02-6

              

S. 1945--A                          2

  S 950. LEGISLATIVE FINDINGS AND DECLARATION.  THE  LEGISLATURE  HEREBY
FINDS THAT THE USE OF UNSAFE AND DEFECTIVE ELEVATORS AND OTHER AUTOMATED
PEOPLE MOVING CONVEYANCES MAY EXPOSE THE PUBLIC TO UNSAFE CONDITIONS AND
INCREASE THE RISK OF INJURY. THE LEGISLATURE FINDS THAT IMPROPER DESIGN,
CONSTRUCTION,  MAINTENANCE AND REPAIR OF SUCH CONVEYANCES IS PREVENTABLE
BY REQUIRING PROPER TRAINING OF PERSONS  EMPLOYED  TO  PERFORM  WORK  ON
ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES AND BY REQUIRING
THE  LICENSING  OF  CONTRACTORS  AND  THE  CERTIFICATION  OF INDIVIDUALS
INVOLVED IN ELEVATOR  AND  OTHER  AUTOMATED  PEOPLE  MOVING  CONVEYANCES
PROJECTS.
  NOTHING  IN  THIS  ARTICLE  IS  INTENDED  TO CREATE, EXPAND, DIMINISH,
LIMIT, IMPAIR, OR SUPERSEDE ANY RIGHTS UNDER CURRENT LAW, RULE, OR REGU-
LATION, OR RESULTING FROM A DETERMINATION OF A  COURT  OR  THE  NATIONAL
LABOR  RELATIONS  BOARD  WITH  REGARD TO BUILDING TRADES AND THE WORK OF
SUCH BUILDING TRADE. NOR IS IT INTENDED TO ABROGATE ANY RIGHTS OR DUTIES
UNDER ANY CONTRACT WITH REGARD TO BUILDING TRADES AND THE WORK  OF  SUCH
BUILDING TRADE.
  S  951.  APPLICATION. 1. THE DESIGN, CONSTRUCTION, ERECTION, INSTALLA-
TION, INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND  REPAIR
OF THE FOLLOWING EQUIPMENT ARE COVERED BY THIS ARTICLE:
  (A)  HOISTING  AND LOWERING MECHANISMS EQUIPPED WITH A CAR OR PLATFORM
WHICH MOVES BETWEEN TWO OR MORE LANDINGS. THIS EQUIPMENT  INCLUDES,  BUT
IS NOT LIMITED TO ELEVATORS, PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS;
  (B)  POWER  DRIVEN STAIRWAYS AND WALKWAYS FOR CARRYING PERSONS BETWEEN
LANDINGS.  THIS EQUIPMENT INCLUDES, BUT IS NOT  LIMITED  TO,  ESCALATORS
AND MOVING WALKS;
  (C) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR, WHICH SERVES
TWO  OR  MORE  LANDINGS AND IS RESTRICTED TO THE CARRYING OF MATERIAL BY
ITS LIMITED SIZE OR LIMITED ACCESS TO THE CAR. THIS EQUIPMENT  INCLUDES,
BUT IS NOT LIMITED TO, DUMBWAITERS, MATERIAL LIFTS, AND DUMBWAITERS WITH
AUTOMATIC  TRANSFER DEVICES AS DEFINED IN SECTION NINE HUNDRED FIFTY-TWO
OF THIS ARTICLE; AND
  (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH  AN  EXCLUSIVE
RIGHT  OF  WAY.   THIS EQUIPMENTS INCLUDES, BUT IS NOT LIMITED TO, AUTO-
MATED PEOPLE MOVERS.
  2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
  (A) MATERIAL HOISTS;
  (B) MANLIFTS;
  (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS;
  (D) POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR  MAINTE-
NANCE;
  (E) CONVEYOR AND RELATED EQUIPMENT;
  (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS;
  (G) INDUSTRIAL TRUCKS;
  (H) PORTABLE  EQUIPMENT, EXCEPT FOR PORTABLE ESCALATORS;
  (I)  TIERING  AND  PILING  MACHINES USED TO MOVE MATERIALS TO AND FROM
STORAGE LOCATED AND OPERATING ENTIRELY WITHIN ONE STORY;
  (J) EQUIPMENT FOR FEEDING OR POSITIONING MATERIALS INCLUDING, BUT  NOT
LIMITED TO, MACHINE TOOLS AND PRINTING PRESSES;
  (K) SKIP OR FURNACE HOISTS;
  (L) WHARF RAMPS;
  (M) RAILROAD CAR LIFTS OR DUMPERS;
  (N)  LINE  JACKS,  FALSE  CARS, SHAFTERS, MOVING PLATFORMS AND SIMILAR
EQUIPMENT USED FOR INSTALLING AN ELEVATOR BY A  CONTRACTOR  LICENSED  IN
THIS STATE.

S. 1945--A                          3

  3.  THE  LICENSING,  PERMITTING  AND  CERTIFICATION PROVISIONS OF THIS
ARTICLE SHALL NOT APPLY TO THE OWNERS OR LESSEES OF  PRIVATE  RESIDENCES
WHO  DESIGN,  ERECT, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE OR MAIN-
TAIN CONVEYANCES THAT ARE LOCATED OR WILL BE LOCATED IN  SUCH  OWNER  OR
LESSEE'S  PRIVATE RESIDENCE. HOWEVER, ANY PERSON HIRED TO DESIGN, ERECT,
CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE,  MAINTAIN,  OR  PERFORM  ANY
OTHER  WORK  RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS
OF THIS ARTICLE.
  4. NO LICENSE SHALL BE REQUIRED FOR  THE  REMOVAL  OR  DISMANTLING  OF
CONVEYANCES.
  5. THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT THER-
ETO  SHALL  BE  THE  MINIMUM  STANDARD  REQUIRED AND SHALL SUPERSEDE ANY
SPECIAL LAW OR LOCAL ORDINANCE  INCONSISTENT  THEREWITH,  AND  NO  LOCAL
ORDINANCE  INCONSISTENT  THEREWITH  SHALL BE ADOPTED, BUT NOTHING HEREIN
CONTAINED SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDI-
TIONAL REQUIREMENTS AND RESTRICTIONS.
  S 952. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
  1. "AUTOMATED PEOPLE MOVER" MEANS A GUIDED  TRANSIT  MODE  WITH  FULLY
AUTOMATED  OPERATION,  FEATURING VEHICLES THAT OPERATE ON GUIDEWAYS WITH
EXCLUSIVE RIGHT-OF-WAY.
  2. "BOARD" MEANS THE NEW YORK  STATE  ELEVATOR  SAFETY  AND  STANDARDS
BOARD ESTABLISHED BY SECTION NINE HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
  3.  "CERTIFICATE  OF OPERATION" MEANS A DOCUMENT ISSUED BY THE COMMIS-
SIONER THAT INDICATES THAT THE ELEVATOR OR RELATED  CONVEYANCE  HAS  HAD
THE  REQUIRED  SAFETY INSPECTION AND TESTS AND THAT THE FEES REQUIRED BY
THIS ARTICLE HAVE BEEN PAID.
  4. "TEMPORARY CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY THE
COMMISSIONER WHICH PERMITS THE TEMPORARY USE OF A NON-COMPLIANT ELEVATOR
OR RELATED CONVEYANCE BY THE GENERAL PUBLIC FOR A LIMITED TIME,  NOT  TO
EXCEED THIRTY DAYS, WHILE MINOR REPAIRS ARE BEING COMPLETED.
  5.  "CONVEYANCE"  MEANS  ANY  ELEVATOR,  DUMBWAITER, ESCALATOR, MOVING
SIDEWALK, PLATFORM  LIFTS,  STAIRWAY  CHAIRLIFTS  AND  AUTOMATED  PEOPLE
MOVERS.
  6.  "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN INSTALLATION
PLACED OUT OF SERVICE UNDER THE FOLLOWING  CIRCUMSTANCES:  (A)  WHEN  AN
INSTALLATION'S  POWER  HAS  BEEN  DISCONNECTED  AND (I) WHEN AN ELECTRIC
ELEVATOR, DUMBWAITER, OR MATERIAL LIFT WHOSE SUSPENSION ROPES HAVE  BEEN
REMOVED, WHOSE CAR AND COUNTERWEIGHT REST AT THE BOTTOM OF THE HOISTWAY,
AND  WHOSE  HOISTWAY DOORS HAVE BEEN PERMANENTLY BARRICADED OR SEALED IN
THE CLOSED POSITION ON THE HOISTWAY SIDE; OR (II) A HYDRAULIC  ELEVATOR,
DUMBWAITER, OR MATERIAL LIFT WHOSE CAR RESTS AT THE BOTTOM OF THE HOIST-
WAY  AND  WHOSE  DOORS ARE PERMANENTLY BARRICADED OR SEALED; OR (III) AN
ESCALATOR OR MOVING WALK WHOSE ENTRANCES HAVE BEEN PERMANENTLY BARRICAD-
ED; OR (B) AS DETERMINED BY STATE OR LOCAL LAW,  CODE,  RULE,  OR  REGU-
LATIONS.
  7. "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH A
CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS.
  8. "ELEVATOR CONTRACTOR" MEANS, A PUBLIC CORPORATION, OR INSTRUMENTAL-
ITY  OF  A PUBLIC CORPORATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPO-
RATED ASSOCIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY,  CORPO-
RATION,  OR  ANY  OTHER  ENTITY,  OR ANY OWNER OR OPERATOR OF ANY OF THE
FOREGOING ENTITIES, WHO POSSESSES AN ELEVATOR  CONTRACTOR'S  LICENSE  IN
ACCORDANCE  WITH THE PROVISIONS OF SECTIONS NINE HUNDRED FIFTY-THREE AND
NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE AND IS ENGAGED IN  THE  BUSINESS
OF  DESIGNING,  ERECTING, CONSTRUCTING, INSTALLING, ALTERING, REPAIRING,

S. 1945--A                          4

SERVICING OR MAINTAINING ELEVATORS  OR  OTHER  AUTOMATED  PEOPLE  MOVING
CONVEYANCES COVERED BY THIS ARTICLE.
  9.  "ELEVATOR  HELPER/APPRENTICE/ASSISTANT  MECHANIC" MEANS ANY PERSON
WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
  10. "ELEVATOR INSPECTOR" MEANS ANY PERSON WHO  POSSESSES  AN  ELEVATOR
INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  11.  "ELEVATOR  MECHANIC"  MEANS  ANY PERSON WHO POSSESSES AN ELEVATOR
MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  12. "ESCALATOR" MEANS POWER-DRIVEN, INCLINED, CONTINUOUS STAIRWAY USED
FOR RAISING OR LOWERING PASSENGERS.
  13. "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  THAT  HAS  BEEN
COMPLETED  OR  IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE OF THIS
ARTICLE.
  14. "LICENSE" MEANS A LICENSE DULY ISSUED BY THE COMMISSIONER, AUTHOR-
IZING THE  DESIGN,  ERECTION,  CONSTRUCTION,  INSTALLATION,  ALTERATION,
REPAIR,  SERVICE,  MAINTENANCE,  OR  INSPECTION  OF  ELEVATORS  OR OTHER
CONVEYANCES COVERED BY THIS ARTICLE.
  15. "ELEVATOR CONTRACTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
HOLDER THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF  DESIGNING,  ERECTING,
CONSTRUCTING,  INSTALLING, ALTERING, REPAIRING, SERVICING OR MAINTAINING
CONVEYANCES COVERED BY THIS ARTICLE.
  16. "ELEVATOR INSPECTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES  THE
HOLDER  THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF INSPECTING OR TESTING
CONVEYANCES COVERED BY THIS ARTICLE.
  17. "ELEVATOR MECHANIC'S LICENSE" MEANS A LICENSE WHICH  ENTITLES  THE
HOLDER  THEREOF  TO  INSTALL,  CONSTRUCT,  ALTER, SERVICE, REPAIR, TEST,
MAINTAIN, AND PERFORM WORK ON  CONVEYANCES  OR  OTHER  AUTOMATED  PEOPLE
MOVERS COVERED BY THIS ARTICLE.
  18.  "MOVING  WALK/SIDEWALK" MEANS A TYPE OF PASSENGER-CARRYING DEVICE
ON WHICH PASSENGERS STAND OR WALK, AND IN WHICH  THE  PASSENGER-CARRYING
SURFACE  REMAINS  PARALLEL  TO  ITS  DIRECTION OF MOTION AND IS UNINTER-
RUPTED.
  19. "PERMIT" MEANS A DOCUMENT ISSUED BY THE COMMISSIONER PRIOR TO  THE
COMMENCEMENT   OF   WORK  THAT  PERMITS  A  CONVEYANCE  TO  BE  ERECTED,
CONSTRUCTED, INSTALLED, OR ALTERED UNDER PLANS APPROVED BY  THE  COMMIS-
SIONER PURSUANT TO THIS ARTICLE.
  20. "PERSON" MEANS ANY NATURAL PERSON.
  21. "PRIVATE RESIDENCE" MEANS A SEPARATE DWELLING OR A SEPARATE APART-
MENT  IN  A  MULTIPLE DWELLING, WHICH IS OCCUPIED BY MEMBERS OF A SINGLE
FAMILY UNIT.
  22. "REPAIR" MEANS RECONDITIONING OR  RENEWAL  OF  PARTS,  COMPONENTS,
AND/OR  SUBSYSTEMS NECESSARY TO KEEP EQUIPMENT IN COMPLIANCE WITH APPLI-
CABLE CODE REQUIREMENTS.
  23. "ALTERATION" MEANS ANY CHANGE TO EQUIPMENT, INCLUDING  ITS  PARTS,
COMPONENTS,  AND/OR  SUBSYSTEMS,  OTHER  THAN  MAINTENANCE,  REPAIR,  OR
REPLACEMENT, BUT SHALL NOT INCLUDE THE PROFESSIONAL  SERVICES  OF  ENGI-
NEERING  OR  ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO HUNDRED ONE
AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW.
  24. "DESIGN" MEANS THE ACT OR PROCESS OF PLANNING THE  REPAIR,  ALTER-
ATION  OR  CONSTRUCTION  OF  ANY  CONVEYANCE,  BUT SHALL NOT INCLUDE THE
PROFESSIONAL SERVICES OF  ENGINEERING  OR  ARCHITECTURE  AS  DEFINED  IN
SECTIONS  SEVENTY-TWO  HUNDRED  ONE AND SEVENTY-THREE HUNDRED ONE OF THE
EDUCATION LAW.
  25. "CONSTRUCTION" MEANS  THE  ACT  OR  PROCESS  OF  CONSTRUCTING  ANY
CONVEYANCE.

S. 1945--A                          5

  26.  "INSPECTION"  MEANS A CRITICAL EXAMINATION, OBSERVATION OR EVALU-
ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE.
  27. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE.
  28. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION,
CLEANING, AND ADJUSTMENT OF PARTS, COMPONENTS, AND/OR SUBSYSTEMS FOR THE
PURPOSE  OF  ENSURING PERFORMANCE IN ACCORDANCE WITH ANY APPLICABLE CODE
REQUIREMENTS.
  29. "SERVICE OR SERVICING" MEANS A SERVICE CALL OR  OTHER  UNSCHEDULED
VISIT,  NOT  INCLUDING  ROUTINE MAINTENANCE OR A REPAIR, FROM A LICENSED
ELEVATOR MECHANIC TO TROUBLESHOOT, ADJUST OR REPAIR AN IMPROPERLY  FUNC-
TIONING OR AN OTHERWISE SHUT DOWN CONVEYANCE.
  30.  "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN
INSTALLATION TEMPORARILY PLACED  OUT  OF  SERVICE  UNDER  THE  FOLLOWING
CIRCUMSTANCES:  (A)  (I)  WHEN SUCH INSTALLATION'S POWER SUPPLY HAS BEEN
DISCONNECTED; AND (II) THE CAR IS PARKED AND ANY DOORS  ARE  CLOSED  AND
LATCHED;  AND  (III) A WIRE SEAL IS INSTALLED ON THE MAINLINE DISCONNECT
SWITCH BY A LICENSED ELEVATOR INSPECTOR; OR (B) AS DETERMINED  BY  STATE
OR LOCAL LAW, CODE, RULE, OR REGULATION.
  31. "ERECT" MEANS TO VERTICALLY CONSTRUCT OR CONNECT ANY CONVEYANCE OR
PART OR SYSTEM THEREOF.
  32.  "INSTALLATION"  MEANS  TO  PLACE OR FIX ANY CONVEYANCE OR PART OR
SYSTEM THEREOF, IN POSITION FOR OPERATION.
  TEMPORARILY DORMANT INSTALLATIONS SHALL NOT BE USED UNTIL SUCH INSTAL-
LATION HAS BEEN RESTORED TO A SAFE RUNNING ORDER  AND  IS  IN  CONDITION
SUITABLE  FOR  USE  IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES, RULES
AND REGULATIONS. SUCH TEMPORARILY DORMANT INSTALLATION SHALL BE  SUBJECT
TO  CONTINUED  INSPECTIONS FOR THE DURATION OF THE "TEMPORARILY DORMANT"
STATUS BY A LICENSED ELEVATOR INSPECTOR. SUCH  INSPECTOR  SHALL  FILE  A
REPORT WITH THE COMMISSIONER DESCRIBING THE CONDITIONS OF SUCH TEMPORAR-
ILY  DORMANT INSTALLATION. THE REPORT SHALL BE FILED ANNUALLY OR MORE OR
LESS FREQUENT AS DETERMINED BY THE COMMISSIONER.  "TEMPORARILY  DORMANT"
STATUS  SHALL  BE  RENEWABLE  ON AN ANNUAL BASIS, BUT SHALL NOT EXCEED A
FIVE-YEAR PERIOD.
  NO PERSON SHALL REMOVE THE WIRE SEAL AND PADLOCK FOR ANY PURPOSE WITH-
OUT THE EXPRESS PERMISSION OF THE ELEVATOR INSPECTOR.
  S 953. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIREMENTS. 1.
EXCEPT AS OTHERWISE PROVIDED FOR  IN  SUBDIVISIONS  THREE  AND  FOUR  OF
SECTION  NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A VIOLATION
OF THIS ARTICLE FOR ANY ELEVATOR CONTRACTOR TO DESIGN, ERECT, CONSTRUCT,
INSTALL, ALTER, REPLACE, SERVICE, OR MAINTAIN, ANY CONVEYANCE  CONTAINED
WITHIN  BUILDINGS  OR  STRUCTURES  IN  THIS  STATE  UNLESS SUCH ELEVATOR
CONTRACTOR HOLDS AN ELEVATOR CONTRACTOR'S LICENSE.
  2. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR  OF
SECTION  NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A VIOLATION
OF THIS ARTICLE FOR ANY PERSON TO WIRE ANY CONVEYANCE, FROM THE MAINLINE
FEEDER TERMINALS ON THE CONTROLLER, IN THIS STATE UNLESS SUCH PERSON HAS
AN ELEVATOR MECHANIC'S LICENSE AND IS WORKING UNDER  THE  DIRECT  SUPER-
VISION  OF  A  LICENSED ELEVATOR CONTRACTOR PURSUANT TO THIS ARTICLE. NO
OTHER LICENSE SHALL BE REQUIRED FOR THIS WORK, EXCLUDING  THE  INSTALLA-
TION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM AND PIT
LIGHTING,  RECEPTACLES  AND HVAC AS DESCRIBED IN THE NFPA NATIONAL ELEC-
TRIC CODE 620.23 AND 620.24 AS WELL  AS  FIRE  AND  HEAT  DETECTORS  AND
ALARMS,  MAY  BE  PERFORMED  BY A LICENSED ELECTRICAL CONTRACTOR.  ADDI-
TIONALLY, WITHIN NEW YORK CITY, THE INSTALLATION OF BRANCH CIRCUITS  AND
WIRING  TERMINATIONS  FOR  THE  CAR  FAN,  LIGHTS  AND  RECEPTACLES,  AS
DESCRIBED IN THE NFPA NATIONAL ELECTRIC CODE 620.22, AND  INTERCOMS  AND

S. 1945--A                          6

VOICE  COMMUNICATIONS AS WELL AS SIGNAL EQUIPMENT OR SYSTEMS, AS DEFINED
IN NFPA ARTICLE 620.2, THAT IS NOT DIRECTLY ASSOCIATED WITH  THE  OPERA-
TION  OR  SAFETY OF ANY CONVEYANCE, MAY BE PERFORMED BY A LICENSED ELEC-
TRICAL CONTRACTOR.
  3.  EXCEPT  AS  OTHERWISE PROVIDED FOR IN SUBDIVISION THREE OF SECTION
NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A VIOLATION OF  THIS
ARTICLE  FOR  ANY PERSON TO INSPECT OR TEST ANY CONVEYANCE WITHIN BUILD-
INGS OR STRUCTURES UNLESS SUCH  PERSON  HOLDS  AN  ELEVATOR  INSPECTOR'S
LICENSE.
  4.  EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF  THIS  ARTICLE  FOR  ANY  ELEVATOR  CONTRACTOR  TO  ERECT, CONSTRUCT,
INSTALL, OR ALTER CONVEYANCES WITHIN BUILDINGS OR STRUCTURES WITHIN THIS
STATE UNLESS A PERMIT THEREFOR  HAS  BEEN  ISSUED  BY  THE  COMMISSIONER
BEFORE  WORK  IS COMMENCED. NO PERMIT SHALL BE ISSUED EXCEPT TO A PERSON
HOLDING A VALID ELEVATOR CONTRACTOR'S LICENSE. A  COPY  OF  SUCH  PERMIT
SHALL BE KEPT AT THE CONSTRUCTION SITE AT ALL TIMES WHILE THE WORK IS IN
PROGRESS.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY-ONE OF THIS  ARTICLE,  ALL  NEW  CONVEYANCE  INSTALLATIONS
SHALL  BE  PERFORMED  BY AN ELEVATOR CONTRACTOR LICENSED TO INSTALL SUCH
CONVEYANCE. SUBSEQUENT TO INSTALLATION,  THE  ELEVATOR  CONTRACTOR  MUST
CERTIFY  COMPLIANCE  TO THE COMMISSIONER WITH THE APPLICABLE SECTIONS OF
THIS ARTICLE AS WELL AS ANY OTHER APPLICABLE LAW,  RULE,  REGULATION  OR
CODE.    PRIOR  TO  SUCH  CONVEYANCES  BEING USED, THE PROPERTY OWNER OR
LESSEE MUST OBTAIN A CERTIFICATE OF OPERATION FROM THE  COMMISSIONER.  A
FEE, AS SET FORTH IN THIS ARTICLE, SHALL BE PAID FOR SUCH CERTIFICATE OF
OPERATION,  HOWEVER,  NO  SUCH  FEE SHALL BE REQUIRED FOR CONVEYANCES IN
PRIVATE RESIDENCES. IT IS THE RESPONSIBILITY OF  THE  LICENSED  ELEVATOR
CONTRACTOR  TO  COMPLETE AND SUBMIT REGISTRATIONS FOR NEW INSTALLATIONS.
A CERTIFICATE OF OPERATION SHALL BE  VALID  FOR  ONE  YEAR,  EXCEPT  FOR
CERTIFICATES  ISSUED  FOR  PLATFORM  AND STAIRWAY CHAIRLIFTS FOR PRIVATE
RESIDENCES, WHICH SHALL BE VALID FOR A PERIOD OF  THREE  YEARS.  CERTIF-
ICATES  OF  OPERATION MUST BE CLEARLY AND CONSPICUOUSLY DISPLAYED ON, IN
OR AROUND EACH CONVEYANCE AND BE ACCESSIBLE TO  THE  STATE  OR  LOCALITY
INSPECTING OR ENFORCING ANY APPLICABLE LAW, RULE, REGULATION OR CODE.
  6.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY-ONE OF THIS ARTICLE,  THE  CERTIFICATE  OF  OPERATION  FOR
NEWLY INSTALLED PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESI-
DENCES  SHALL  BE  ISSUED ONLY SUBSEQUENT TO AN INSPECTION BY A LICENSED
THIRD PARTY INSPECTION FIRM. THE CERTIFICATE OF OPERATION  FEE  FOR  ALL
NEW AND EXISTING PLATFORM AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES
AND  ANY  RENEWAL  CERTIFICATE FEES ARE HEREBY WAIVED. THE INSPECTION OF
PRIVATE RESIDENCE PLATFORM AND STAIRWAY CHAIRLIFTS SHALL BE DONE AT  THE
REQUEST AND CONSENT OF THE PRIVATE RESIDENCE'S OWNER OR LESSEES.
  7.  IT  SHALL  BE  THE  RESPONSIBILITY OF LICENSEES TO ENSURE THAT THE
INSTALLATION, SERVICE OR MAINTENANCE  OF  CONVEYANCES  IS  PERFORMED  IN
COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
  S  954.  LICENSE  AND  PERMIT PROCEDURE. ALL APPLICATIONS FOR ELEVATOR
CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
REQUIRED PERMITS SHALL BE SUBMITTED TO  THE  DEPARTMENT  IN  WRITING  ON
FORMS  FURNISHED  BY  THE COMMISSIONER AND SHALL CONTAIN THE INFORMATION
SET FORTH IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION THAT THE
COMMISSIONER MAY REQUIRE. THE  COMMISSIONER  SHALL  ALSO  SET  FEES  FOR
LICENSING AND PERMITTING UNDER THIS SECTION.

S. 1945--A                          7

  1.  APPLICATIONS  FOR  LICENSES. EVERY APPLICATION FOR A LICENSE UNDER
THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
  (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT;
  (B)  THE  NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OR
PRACTICE OF DESIGNING, CONSTRUCTING, ERECTING,  INSTALLING,  INSPECTING,
TESTING,  REPAIRING,  ALTERING,  MAINTAINING,  OR  SERVICING CONVEYANCES
COVERED BY THIS ARTICLE;
  (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED  BY  THE
APPLICANT FOR AN ELEVATOR CONTRACTOR'S LICENSE;
  (D)  EVIDENCE  THAT  THE  APPLICANT  IS  OR WILL BE COVERED BY GENERAL
LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE; AND
  (E) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
  UPON APPROVAL OF AN APPLICATION FOR A LICENSE THE  COMMISSIONER  SHALL
ISSUE SUCH LICENSE WHICH SHALL BE VALID FOR TWO YEARS. THE FEES FOR SUCH
LICENSE AND RENEWAL THEREOF SHALL BE SET BY THE COMMISSIONER. ANY DENIAL
FOR SUCH APPLICATION SHALL SET FORTH THE REASONS THEREFOR.
  2.  APPLICATION FOR PERMITS. EVERY APPLICATION FOR A PERMIT UNDER THIS
ARTICLE SHALL INCLUDE PLANS AND SPECIFICATIONS STAMPED AND SIGNED  BY  A
PROFESSIONAL  ENGINEER  AND/OR AN ARCHITECT LICENSED PURSUANT TO ARTICLE
ONE HUNDRED FORTY-FIVE AND/OR ARTICLE ONE  HUNDRED  FORTY-SEVEN  OF  THE
EDUCATION  LAW.  EVERY APPLICATION FOR A PERMIT UNDER THIS ARTICLE SHALL
INCLUDE THE FOLLOWING:
  (A) COPIES OF THE  SPECIFICATIONS  AND  ACCURATELY  SCALED  AND  FULLY
DIMENSIONED  PLANS  SHOWING THE LOCATION OF THE INSTALLATION IN RELATION
TO THE PLANS AND ELEVATION OF THE BUILDING;
  (B) THE LOCATION OF  THE  MACHINERY  ROOM  AND  THE  EQUIPMENT  TO  BE
INSTALLED, RELOCATED OR ALTERED;
  (C) ALL STRUCTURAL SUPPORTING MEMBERS THEREOF, INCLUDING FOUNDATIONS;
  (D)  A  LIST  OF  ALL  MATERIALS  TO  BE  EMPLOYED AND ALL LOADS TO BE
SUPPORTED AND CONVEYED;
  (E) ANY OTHER INFORMATION THAT THE COMMISSIONER MAY REQUIRE TO  ENSURE
THAT  SUCH PLANS AND SPECIFICATIONS ARE SUFFICIENTLY COMPLETE AND ILLUS-
TRATE ALL DETAILS OF CONSTRUCTION AND DESIGN; AND
  (F) ANY REQUIRED PERMITTING FEES, WHICH ARE  SUBJECT  TO  RETURN  UPON
DENIAL OF A PERMIT APPLICATION.
  UPON  APPROVAL  OF  AN APPLICATION FOR A PERMIT THE COMMISSIONER SHALL
ISSUE SUCH PERMIT. SUCH PERMIT SHALL STATE THE TIME BY  WHICH  THE  WORK
SHALL  COMMENCE AND ALSO WHEN SUCH PERMIT EXPIRES. IF AFTER THE WORK HAS
BEEN STARTED, WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIXTY DAYS,
OR SUCH SHORTER PERIOD OF TIME AS THE COMMISSIONER MAY  SPECIFY  AT  THE
TIME  THE PERMIT IS ISSUED, THE PERMIT SHALL EXPIRE.  UPON EXPIRATION OF
A PERMIT FOR WHICH WORK HAS NOT BEEN  COMPLETED,  THE  COMMISSIONER  MAY
EXTEND SUCH PERMIT.
  3.  LICENSING  AND PERMITTING EXEMPTIONS. WHENEVER AN EMERGENCY EXISTS
IN THIS STATE DUE TO A DISASTER  OR  ACT  OF  GOD,  WHICH  IMPERILS  THE
HEALTH,  SAFETY  OR  WELFARE OF AN INDIVIDUAL OR INDIVIDUALS AND PLACING
SUCH INDIVIDUAL OR INDIVIDUALS IN IMMINENT DANGER OF INJURY OR DEATH AND
THE NUMBER OF PERSONS IN THE STATE HOLDING LICENSES GRANTED BY THE BOARD
IS INSUFFICIENT TO COPE WITH SUCH EMERGENCY, ANY PERSON CERTIFIED  BY  A
LICENSED  ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF DOCU-
MENTED EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITH DIRECT AND
IMMEDIATE  SUPERVISION  SHALL  SEEK  AN  EMERGENCY  ELEVATOR  MECHANIC'S
LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
WORK REQUIRING A LICENSE.  THE COMMISSIONER SHALL ISSUE EMERGENCY ELEVA-
TOR  MECHANIC'S  LICENSES  TO  ADDRESS  THE  EMERGENCY  THAT EXISTS. THE
LICENSED ELEVATOR CONTRACTOR SHALL FURNISH PROOF OF  COMPETENCY  AS  THE

S. 1945--A                          8

COMMISSIONER  MAY  REQUIRE.  EACH  SUCH  LICENSE SHALL RECITE THAT IT IS
VALID FOR A PERIOD OF FIFTEEN DAYS FROM THE DATE THEREOF  AND  FOR  SUCH
PARTICULAR  ELEVATORS  OR  GEOGRAPHICAL  AREAS  AS  THE COMMISSIONER MAY
DESIGNATE TO ADDRESS THE EMERGENCY SITUATION AND OTHERWISE SHALL ENTITLE
THE  LICENSEE  TO  THE  RIGHTS  AND PRIVILEGES OF AN ELEVATOR MECHANIC'S
LICENSE ISSUED IN THIS ARTICLE.  THE COMMISSIONER SHALL RENEW  AN  EMER-
GENCY  ELEVATOR  MECHANIC'S LICENSE DURING THE EXISTENCE OF AN EMERGENCY
AS NEEDED. NO FEE SHALL BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC'S
LICENSE OR RENEWAL THEREOF.
  S 955.  QUALIFICATIONS,  TRAINING  AND  CONTINUING  EDUCATION.  1.  NO
LICENSE  SHALL  BE  GRANTED  TO ANY PERSON WHO HAS NOT PAID THE REQUIRED
APPLICATION FEE AND DEMONSTRATED HIS OR HER  QUALIFICATIONS  AND  ABILI-
TIES.  APPLICANTS  FOR  A MECHANIC'S LICENSE MUST DEMONSTRATE ONE OF THE
FOLLOWING QUALIFICATIONS: (A) AN ACCEPTABLE  COMBINATION  OF  DOCUMENTED
EXPERIENCE  AND  EDUCATION  CREDITS CONSISTING OF (I) NOT LESS THAN FOUR
YEARS WORK EXPERIENCE  IN  THE  CONSTRUCTION,  MAINTENANCE  AND  SERVICE
REPAIR  OF  ELEVATORS, AS VERIFIED BY CURRENT AND PREVIOUS EMPLOYERS AND
(II) SATISFACTORY COMPLETION OF A WRITTEN EXAMINATION,  ADMINISTERED  BY
THE  COMMISSIONER, ON THE MOST RECENT NATIONAL, STATE, AND LOCAL CONVEY-
ANCES CODES AND STANDARDS; OR
  (B)  ACCEPTABLE  PROOF  THAT  HE  OR  SHE  HAS  WORKED   ON   ELEVATOR
CONSTRUCTION,  MAINTENANCE  OR  REPAIR  WITH DIRECT AND IMMEDIATE SUPER-
VISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATE-
LY PRIOR TO THE EFFECTIVE DATE  OF  THIS  ARTICLE,  PROVIDED  THAT  SUCH
APPLICANT  SHALL  FILE SUCH 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 INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELEVA-
TOR INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT; OR
  (D)  CERTIFICATE  OF SUCCESSFUL COMPLETION OF THE JOINT APPRENTICE AND
TRAINING COMMITTEE OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW,  EE  DIVI-
SION  TRAINING PROGRAM OR AN APPRENTICESHIP PROGRAM FOR ELEVATOR MECHAN-
ICS, HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF THIS CHAPTER,  AND
REGISTERED  WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S. DEPART-
MENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL.
  2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO
THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR
MECHANICS WHO PERFORM THE WORK DESCRIBED IN SECTION NINE HUNDRED  FIFTY-
ONE  OF  THIS  ARTICLE  AND  HAVE PROOF OF COMPLIANCE WITH THE INSURANCE
REQUIREMENTS SET FORTH IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION
NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE.
  3. ANY APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE
TO  THE  SATISFACTION  OF  THE COMMISSIONER THAT SUCH APPLICANT MEETS OR
EXCEEDS APPLICABLE NATIONAL STANDARDS. PRIVATE ELEVATOR INSPECTORS SHALL
MAINTAIN THE SAME INSURANCE REQUIREMENTS AS AN ELEVATOR CONTRACTOR.
  4. (A) THE RENEWAL OF ALL LICENSES GRANTED  UNDER  THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL BE CONDITIONED UPON THE SUBMISSION OF A CERTIF-
ICATE OF COMPLETION OF A COURSE DESIGNED TO ENSURE THE CONTINUING EDUCA-
TION OF LICENSEES ON NEW AND EXISTING NATIONAL, STATE, AND LOCAL CONVEY-
ANCES CODES AND STANDARDS. SUCH COURSE SHALL CONSIST OF  NOT  LESS  THAN
EIGHT HOURS OF INSTRUCTION THAT SHALL BE ATTENDED ANNUALLY AND COMPLETED
PRECEDING  ANY  SUCH  LICENSE  RENEWAL. THE COMMISSIONER SHALL ESTABLISH
REQUIREMENTS FOR CONTINUING EDUCATION AND TRAINING PROGRAMS,  AND  SHALL
APPROVE  SUCH  PROGRAMS, AS WELL AS MAINTAIN A LIST OF APPROVED PROGRAMS
WHICH SHALL BE MADE AVAILABLE TO LICENSE APPLICANTS, PERMIT  APPLICANTS,

S. 1945--A                          9

RENEWAL  APPLICANTS  AND  OTHER  INTERESTED  PARTIES  UPON  REQUEST. THE
COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  SETTING  FORTH  THE
CRITERIA FOR APPROVAL OF SUCH PROGRAMS, THE PROCEDURES TO BE FOLLOWED IN
APPLYING  FOR  SUCH  APPROVAL,  AND  OTHER  RULES AND REGULATIONS AS THE
COMMISSIONER DEEMS NECESSARY AND PROPER TO EFFECTUATE  THE  PURPOSES  OF
THIS SECTION.
  (B)  THE  COMMISSIONER  SHALL  ASSESS  A FEE FOR EACH TRAINING PROGRAM
COMPLETION  CERTIFICATE  AND  FOR  EACH   REFRESHER   TRAINING   PROGRAM
COMPLETION  CERTIFICATE,  PROVIDED,  HOWEVER, THAT IN NO EVENT SHALL THE
COST OF SUCH CERTIFICATES BE ASSESSED BY THE SPONSOR  OF  SUCH  TRAINING
PROGRAM AGAINST THE PARTICIPANTS.
  5.  THE  RENEWAL  OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF THIS
SECTION SHALL BE CONDITIONED UPON THE SUBMISSION  OF  A  CERTIFICATE  OF
COMPLETION  OF  A  COURSE DESIGNED TO ENSURE THE CONTINUING EDUCATION OF
LICENSEES ON NEW AND EXISTING REGULATIONS OF THE DEPARTMENT. SUCH COURSE
SHALL CONSIST OF NOT LESS THAN EIGHT HOURS OF INSTRUCTION THAT SHALL  BE
ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH LICENSE RENEWAL.
  THE  COURSES  SHALL BE TAUGHT BY INSTRUCTORS THROUGH CONTINUING EDUCA-
TION PROVIDERS THAT MAY INCLUDE, BUT SHALL NOT BE  LIMITED  TO,  ASSOCI-
ATION  SEMINARS,  AND  LABOR  TRAINING  PROGRAMS. THE COMMISSIONER SHALL
APPROVE THE CONTINUING EDUCATION PROVIDERS.  ALL  INSTRUCTORS  SHALL  BE
EXEMPT  FROM  THE REQUIREMENTS OF THE PRECEDING PARAGRAPH WITH REGARD TO
THEIR APPLICATION FOR LICENSE RENEWAL PROVIDED THAT SUCH  APPLICANT  WAS
QUALIFIED  AS  AN INSTRUCTOR AT ANY TIME DURING THE ONE YEAR IMMEDIATELY
PRECEDING THE SCHEDULED DATE FOR SUCH RENEWAL.
  APPROVED TRAINING PROVIDERS SHALL KEEP UNIFORM RECORDS, FOR  A  PERIOD
OF  SIX YEARS, OF ATTENDANCE OF LICENSEES FOLLOWING A FORMAT APPROVED BY
THE COMMISSIONER AND SUCH RECORDS SHALL BE AVAILABLE FOR  INSPECTION  BY
THE  COMMISSIONER  AT  HIS OR HER REQUEST.   APPROVED TRAINING PROVIDERS
SHALL BE RESPONSIBLE FOR THE SECURITY  OF  ALL  ATTENDANCE  RECORDS  AND
CERTIFICATES  OF COMPLETION; PROVIDED, HOWEVER, THAT FALSIFYING OR KNOW-
INGLY ALLOWING ANOTHER TO FALSIFY SUCH  ATTENDANCE  RECORDS  OR  CERTIF-
ICATES  OF COMPLETION SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR REVOCA-
TION OF THE APPROVAL REQUIRED UNDER THIS SECTION.
  S 956. POWERS OF THE COMMISSIONER.  1. THE COMMISSIONER SHALL HAVE THE
AUTHORITY TO INSPECT, OR CAUSE TO BE  INSPECTED,  ONGOING  OR  COMPLETED
CONVEYANCES  PROJECTS  AND  TO CONDUCT AN INVESTIGATION THEREOF UPON THE
COMMISSIONER'S OWN INITIATION OR UPON RECEIPT  OF  A  COMPLAINT  BY  ANY
PERSON  OR ENTITY. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL PERMIT THE
COMMISSIONER TO ENTER A PRIVATE RESIDENCE.
  2. IF, UPON RECEIPT OF A COMPLAINT ALLEGING A VIOLATION OF THIS  ARTI-
CLE, THE COMMISSIONER REASONABLE BELIEVES THAT SUCH VIOLATION EXISTS, HE
OR  SHE  SHALL  INVESTIGATE  AS SOON AS PRACTICABLE TO DETERMINE IF SUCH
VIOLATION EXISTS. IF THE COMMISSIONER DETERMINES THAT  NO  VIOLATION  OR
DANGER  EXISTS,  THE COMMISSIONER SHALL INFORM THE COMPLAINING PERSON OR
ENTITY.
  3. IF,  UPON  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT  THE
ALLEGED  VIOLATION EXISTS, THE COMMISSIONER MAY DELIVER TO SUCH OWNER OR
ELEVATOR CONTRACTOR OR HIS OR HER  AGENT  OR  REPRESENTATIVE  A  WRITTEN
ORDER  TO CURE SUCH VIOLATION AND MAY ORDER THAT THEIR PERMIT TO WORK ON
SUCH INSTALLATION, REPAIR OR  MAINTENANCE  PROJECT  SHALL  BE  SUSPENDED
UNTIL  SUCH  VIOLATION IS CURED. SUCH ORDER SHALL SPECIFICALLY ENUMERATE
THE VIOLATIONS WHICH CONSTITUTE THE BASIS OF THE ORDER TO CURE OR  ORDER
OF  SUSPENSION  AND SHALL SPECIFY THE CORRECTIVE ACTION TO BE TAKEN. THE
COMMISSIONER MAY ALLOW THE PERMIT TO TOLL DURING THE TIME OF SUCH ORDER.

S. 1945--A                         10

  4. UPON RECEIPT OF A WRITTEN NOTICE FROM THE ELEVATOR  CONTRACTOR,  OR
HIS  OR  HER  AGENT  OR  REPRESENTATIVE,  THAT  SUCH  VIOLATION HAS BEEN
CORRECTED, THE COMMISSIONER SHALL, WITHIN TEN  DAYS,  ISSUE  A  DETERMI-
NATION  AS  TO  WHETHER  SUCH  ORDER TO CURE HAS BEEN SATISFIED AND SUCH
ORDER OF SUSPENSION, IF ANY, SHALL BE LIFTED. IF THE COMMISSIONER DETER-
MINES  THAT  THE  ORDER  TO  CURE  HAS  NOT BEEN SATISFIED HE OR SHE MAY
CONTINUE SUCH ORDER FOR A REASONABLE PERIOD OF TIME UPON THE CONSENT  OF
THE  CONTRACTOR,  OR  HIS OR HER AGENT OR REPRESENTATIVE. IF THE COMMIS-
SIONER DOES NOT CONTINUE THE ORDER, OR IF THE CONTRACTOR, OR HIS OR  HER
AGENT  OR  REPRESENTATIVE  DOES  NOT  CONSENT  TO SUCH CONTINUATION, THE
CONTRACTOR SHALL HAVE THE RIGHT TO A HEARING TO DETERMINE IF SUCH  ORDER
SHALL  BE LIFTED. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED
BY A NOTICE, SUSPENSION, OR DETERMINATION ISSUED UNDER THIS SECTION  MAY
COMMENCE  A  PROCEEDING  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
  5. THE COMMISSIONER MAY, AFTER A NOTICE AND HEARING, SUSPEND OR REVOKE
A LICENSE ISSUED UNDER THIS  ARTICLE  BASED  ON  ANY  OF  THE  FOLLOWING
VIOLATIONS:
  (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION;
  (B) FRAUD, OR MISREPRESENTATION, IN SECURING A LICENSE;
  (C)  FAILURE  TO  NOTIFY THE COMMISSIONER AND THE OWNER OR LESSEE OF A
CONVEYANCE OF ANY CONDITION NOT IN COMPLIANCE WITH THIS ARTICLE;
  (D) A VIOLATION OF SECTION NINE HUNDRED FIFTY-THREE OF  THIS  ARTICLE;
OR
  (E)  A FINDING BY THE COMMISSIONER THAT A CONTRACTOR HAS VIOLATED THIS
ARTICLE OR ANY RULE OR REGULATION PROMULGATED THEREUNDER TWICE WITHIN  A
PERIOD  OF THREE YEARS, OR THAT A CONTRACTOR HAS VIOLATED A PROVISION OF
THIS ARTICLE AND SUCH VIOLATION RESULTED IN  A  SERIOUS  THREAT  TO  THE
HEALTH  OR SAFETY OF AN INDIVIDUAL OR INDIVIDUALS. THE COMMISSIONER MAY,
IN ADDITION TO ORDERING THAT SUCH CONTRACTOR'S LICENSE BE  REVOKED,  BAR
SUCH  INDIVIDUAL  FROM  BEING ELIGIBLE TO REAPPLY FOR SUCH LICENSE FOR A
PERIOD NOT TO EXCEED TWO YEARS.
  6. THE COMMISSIONER MAY, AFTER NOTICE AND  HEARING,  REVOKE  A  PERMIT
ISSUED UNDER THIS ARTICLE BASED ON ANY OF THE FOLLOWING VIOLATIONS:
  (A) ANY FALSE STATEMENTS OR MISREPRESENTATION AS TO A MATERIAL FACT IN
THE APPLICATION, PLANS, OR SPECIFICATIONS ON WHICH THE PERMIT WAS BASED;
  (B)  ANY APPLICATION WHICH BY OMISSION OR MISTAKE FAILS TO COMPLY WITH
THE REQUIREMENTS OF THIS ARTICLE;
  (C) ANY FAILURE TO PERFORM WORK IN ACCORDANCE WITH THE  PROVISIONS  OF
THE  APPLICATION,  PLANS  OR  SPECIFICATIONS OR WITH THE REQUIREMENTS OF
THIS ARTICLE OR CONDITIONS OF THE PERMIT;
  (D) A FAILURE BY THE OWNER OR ELEVATOR CONTRACTOR TO WHOM  THE  PERMIT
WAS  ISSUED  TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION; OR
  (E) A FINDING BY THE COMMISSIONER THAT AN INDIVIDUAL OR CONTRACTOR WHO
HAS BEEN ISSUED A PERMIT HAS VIOLATED ANY PROVISION UNDER  SECTION  NINE
HUNDRED FIFTY-THREE OF THIS ARTICLE.
  7. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF THE
COMMISSIONER  FINDS,  AFTER  NOTICE  AND HEARING, THAT AN INDIVIDUAL HAS
VIOLATED ANY PROVISION OF THIS ARTICLE, HE OR SHE  MAY  IMPOSE  A  CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION. UPON
A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS OF THE DETERMINATION
OF A PRIOR VIOLATION, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT TO
EXCEED TWO THOUSAND DOLLARS.
  (B)  THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE INCREASED TO AN AMOUNT NOT TO EXCEED FIVE  THOUSAND  DOLLARS  IF  THE

S. 1945--A                         11

VIOLATION  RESULTED  IN  A  SERIOUS THREAT TO THE HEALTH OR SAFETY OF AN
INDIVIDUAL OR INDIVIDUALS.
  8.  ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN ORDER
ISSUED UNDER THIS SECTION MAY COMMENCE A PROCEEDING PURSUANT TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  9. THE COMMISSIONER MAY BRING AN ACTION IN A COURT OF COMPETENT JURIS-
DICTION TO ENJOIN ANY CONDUCT THAT VIOLATES THE PROVISIONS OF THIS ARTI-
CLE.
  10. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY TO
CARRY OUT AND EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  S  957.  NEW  YORK  STATE  ELEVATOR  SAFETY AND STANDARDS BOARD. 1. AN
ELEVATOR SAFETY AND STANDARDS BOARD IS HEREBY  CREATED,  TO  CONSIST  OF
NINE  MEMBERS.  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT THREE MEMBERS. THE GOVER-
NOR'S APPOINTEES SHALL BE COMPRISED  OF  A  REPRESENTATIVE  OF  A  MAJOR
ELEVATOR  MANUFACTURING  COMPANY,  A  MEMBER OF THE GENERAL PUBLIC AND A
BUILDING OWNER, MANAGER OR REPRESENTATIVE; THE  TEMPORARY  PRESIDENT  OF
THE  SENATE'S  APPOINTEES  SHALL  BE  COMPRISED OF AN ELEVATOR SERVICING
COMPANY, AN ELEVATOR ARCHITECTURAL DESIGNER OR CONSULTANT, AND AN ELEVA-
TOR INSPECTOR;  THE  SPEAKER  OF  THE  ASSEMBLY'S  APPOINTEES  SHALL  BE
COMPRISED  OF  AN  ELEVATOR CONTRACTOR EMPLOYEE LABOR UNION, AN ELEVATOR
MECHANIC, AND A FIRE MARSHAL. THE COMMISSIONERS OF HEALTH, LABOR, EDUCA-
TION, AND ECONOMIC DEVELOPMENT OR THEIR DESIGNEES  SHALL  BE  EX-OFFICIO
MEMBERS.  THE  BOARD  SHALL  MEET  ON  AN  AS NEEDED BASIS TO ADVISE THE
COMMISSIONER ON THE IMPLEMENTATION OF  THIS  ARTICLE.  THE  BOARD  SHALL
ELECT  A  CHAIRPERSON  TO SERVE FOR THE TERM OF THEIR APPOINTMENT TO THE
BOARD.  THE BOARD SHALL PREPARE AN ANNUAL REPORT FOR  THE  GOVERNOR  AND
THE  LEGISLATURE,  COPIES OF WHICH SHALL BE SENT TO THE COMMISSIONERS OF
HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, AND LABOR.
  2. THE FIRST MEMBER APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE A TERM OF  ONE
YEAR; THE SECOND MEMBER APPOINTED BY EACH SHALL HAVE A TERM OF TWO YEARS
AND THE REMAINING MEMBERS SHALL HAVE A TERM OF THREE YEARS. EACH OF SUCH
APPOINTED  MEMBERS  SHALL HOLD OFFICE FOR THE TERM FOR WHICH SUCH MEMBER
WAS APPOINTED AND UNTIL HIS OR HER SUCCESSOR SHALL HAVE  BEEN  APPOINTED
OR  UNTIL  HE  OR SHE SHALL RESIGN.  THE TERM OF OFFICE OF ALL SUCCESSOR
MEMBERS SHALL BE THREE YEARS. THE MEMBERS SHALL SERVE WITHOUT SALARY  OR
COMPENSATION, BUT SHALL BE REIMBURSED FOR NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES.
  3.  THE  BOARD  MAY CONSULT WITH ENGINEERING AUTHORITIES AND ORGANIZA-
TIONS CONCERNED  WITH  STANDARD  SAFETY  CODES,  RULES  AND  REGULATIONS
GOVERNING  THE  OPERATION,  MAINTENANCE, SERVICING, CONSTRUCTION, ALTER-
ATION, INSTALLATION, AND INSPECTION OF  CONVEYANCES  AND  THE  ADEQUATE,
REASONABLE, AND NECESSARY QUALIFICATIONS OF ELEVATOR MECHANICS, CONTRAC-
TORS, AND INSPECTORS.
  4. THE DUTIES OF THE BOARD ARE AS FOLLOWS:
  (A)  ASSIST  THE  COMMISSIONER  AND THE DEPARTMENT IN ESTABLISHING THE
STATE REGULATIONS FOR EQUIPMENT COVERED BY THIS ARTICLE;
  (B) DEVELOP RECOMMENDATIONS FOR  AN  ENFORCEMENT  PROGRAM  WHICH  WILL
ENSURE  COMPLIANCE  WITH THE REGULATIONS AND REQUIREMENTS PROMULGATED BY
THE COMMISSIONER PURSUANT TO THIS ARTICLE;
  (C) ASSIST THE COMMISSIONER IN GRANTING EXCEPTIONS AND VARIANCES  FROM
THE  LITERAL  REQUIREMENTS  OF  THE APPLICABLE CODE AND STANDARDS, REGU-
LATIONS, AND LOCAL LEGISLATION, IN CASES WHERE SUCH VARIANCES WOULD  NOT
JEOPARDIZE THE PUBLIC SAFETY AND WELFARE;

S. 1945--A                         12

  (D)  ASSIST  THE  COMMISSIONER  IN SETTING FEE SCHEDULES FOR LICENSES,
PERMITS, AND INSPECTIONS. THE FEES SHALL REFLECT THE  ACTUAL  COSTS  AND
EXPENSES TO CONDUCT THE DUTIES AS DESCRIBED IN THIS ARTICLE; AND
  (E) ASSIST THE COMMISSIONER IN ANY AND ALL THINGS NECESSARY OR CONVEN-
IENT  TO THE COMMISSIONER'S DUTY TO CARRY OUT THE PURPOSES OF THIS ARTI-
CLE.
  S 958. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO
THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES BY A PERSON  LICENSED  TO
PRACTICE  ARCHITECTURE WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FORTY-SEVEN OF THE EDUCATION LAW OR ENGINEERING WITHIN THIS STATE PURSU-
ANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW.
  S 2. The state finance law is amended by adding a new section  97-pppp
to read as follows:
  S  97-PPPP.  ELEVATOR  AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE  STATE  COMPTROLLER
THE ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
  2.  SUCH  FUND  SHALL  CONSIST  OF  MONEYS  COLLECTED  PURSUANT TO THE
PROVISIONS OF ARTICLE THIRTY-THREE OF THE LABOR LAW.
  3. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF  LABOR
FOR  PURPOSES  OF  OFFSETTING  THE COSTS INCURRED BY THE COMMISSIONER OF
LABOR FOR THE ADMINISTRATION OF ARTICLE THIRTY-THREE OF THE  LABOR  LAW,
INCLUDING  THE ADMINISTRATION OF ELEVATOR AND RELATED CONVEYANCES SAFETY
PROGRAMS, THE ADMINISTRATION OF LICENSES AND PERMITS, AND  THE  ADMINIS-
TRATION  OF CERTIFICATES OF OPERATION AS SET FORTH IN SUCH ARTICLE THIR-
TY-THREE.
  4. THE MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OR HIS OR HER DESIGNEE.
  5.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THE FUND UNTIL  A  CERTIFICATE  OF  ALLO-
CATION  AND  A  SCHEDULE  OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, AND A COPY  OF  SUCH  CERTIF-
ICATE  FILED  WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE AMENDED FROM
TIME TO TIME BY THE DIRECTOR OF THE BUDGET  AND  A  COPY  OF  EACH  SUCH
AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date,  and
the  appointment  of  the  New  York state elevator safety and standards
board, are authorized and directed to be established, made and completed
on or before such effective date.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1945--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sens.  BONACIC,  SAVINO, ADDABBO, AKSHAR, AVELLA, BOYLE,
  BRESLIN, CARLUCCI, COMRIE, DILAN, ESPAILLAT, FLANAGAN,  FUNKE,  GALLI-
  VAN,  GIANARIS,  GOLDEN,  GRIFFO,  HAMILTON, HANNON, HASSELL-THOMPSON,
  HOYLMAN, KAMINSKY, KENNEDY, KRUEGER, LANZA, LARKIN,  LATIMER,  LITTLE,
  MARTINS,   MONTGOMERY,   MURPHY,  ORTT,  PANEPINTO,  PARKER,  PERALTA,
  PERKINS,  PERSAUD,  RANZENHOFER,  RITCHIE,  RIVERA,  ROBACH,  SANDERS,
  SERRANO,  SQUADRON,  STAVISKY,  VALESKY,  VENDITTO  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Labor  --  recommitted  to  the  Committee on Labor in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor law and the state finance law, in relation  to
  requiring   the   licensing   of   persons   engaged  in  the  design,
  construction,  inspection,  maintenance,  alteration,  and  repair  of
  elevators and other automated people moving devices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new article 33 to read
as follows:
                               ARTICLE 33
               ELEVATORS AND OTHER CONVEYANCES; LICENSING
SECTION 950. LEGISLATIVE FINDINGS AND DECLARATION.
        951. APPLICATION.
        952. DEFINITIONS.
        953. LICENSING, PERMIT,  REGISTRATION  AND  COMPLIANCE  REQUIRE-
               MENTS.
        954. LICENSE AND PERMIT PROCEDURE.
        955. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02916-06-6
              

S. 1945--B                          2

        956. POWERS OF THE COMMISSIONER.
        957. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
        958. EXEMPT PERSONS.
  S  950.  LEGISLATIVE  FINDINGS AND DECLARATION. THE LEGISLATURE HEREBY
FINDS THAT THE USE OF UNSAFE AND DEFECTIVE ELEVATORS AND OTHER AUTOMATED
PEOPLE MOVING CONVEYANCES MAY EXPOSE THE PUBLIC TO UNSAFE CONDITIONS AND
INCREASE THE RISK OF INJURY. THE LEGISLATURE FINDS THAT IMPROPER DESIGN,
CONSTRUCTION, MAINTENANCE AND REPAIR OF SUCH CONVEYANCES IS  PREVENTABLE
BY  REQUIRING  PROPER  TRAINING  OF  PERSONS EMPLOYED TO PERFORM WORK ON
ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES AND BY REQUIRING
THE LICENSING  OF  CONTRACTORS  AND  THE  CERTIFICATION  OF  INDIVIDUALS
INVOLVED  IN  ELEVATOR  AND  OTHER  AUTOMATED  PEOPLE MOVING CONVEYANCES
PROJECTS.
  NOTHING IN THIS ARTICLE  IS  INTENDED  TO  CREATE,  EXPAND,  DIMINISH,
LIMIT, IMPAIR, OR SUPERSEDE ANY RIGHTS UNDER CURRENT LAW, RULE, OR REGU-
LATION,  OR  RESULTING  FROM  A DETERMINATION OF A COURT OR THE NATIONAL
LABOR RELATIONS BOARD WITH REGARD TO BUILDING TRADES  AND  THE  WORK  OF
SUCH BUILDING TRADE. NOR IS IT INTENDED TO ABROGATE ANY RIGHTS OR DUTIES
UNDER  ANY  CONTRACT WITH REGARD TO BUILDING TRADES AND THE WORK OF SUCH
BUILDING TRADE.
  S 951. APPLICATION. 1. THE DESIGN, CONSTRUCTION,  ERECTION,  INSTALLA-
TION,  INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND REPAIR
OF THE FOLLOWING EQUIPMENT ARE COVERED BY THIS ARTICLE:
  (A) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR  OR  PLATFORM
WHICH  MOVES  BETWEEN TWO OR MORE LANDINGS. THIS EQUIPMENT INCLUDES, BUT
IS NOT LIMITED TO ELEVATORS, PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS;
  (B) POWER DRIVEN STAIRWAYS AND WALKWAYS FOR CARRYING  PERSONS  BETWEEN
LANDINGS.    THIS  EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, ESCALATORS
AND MOVING WALKS;
  (C) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR, WHICH SERVES
TWO OR MORE LANDINGS AND IS RESTRICTED TO THE CARRYING  OF  MATERIAL  BY
ITS  LIMITED SIZE OR LIMITED ACCESS TO THE CAR. THIS EQUIPMENT INCLUDES,
BUT IS NOT LIMITED TO, DUMBWAITERS, MATERIAL LIFTS, AND DUMBWAITERS WITH
AUTOMATIC TRANSFER DEVICES AS DEFINED IN SECTION NINE HUNDRED  FIFTY-TWO
OF THIS ARTICLE; AND
  (D)  AUTOMATIC  GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH AN EXCLUSIVE
RIGHT OF WAY.  THIS EQUIPMENTS INCLUDES, BUT IS NOT  LIMITED  TO,  AUTO-
MATED PEOPLE MOVERS.
  2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
  (A) MATERIAL HOISTS;
  (B) MANLIFTS;
  (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS;
  (D)  POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR MAINTE-
NANCE;
  (E) CONVEYOR AND RELATED EQUIPMENT;
  (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS;
  (G) INDUSTRIAL TRUCKS;
  (H) PORTABLE  EQUIPMENT, EXCEPT FOR PORTABLE ESCALATORS;
  (I) TIERING AND PILING MACHINES USED TO MOVE  MATERIALS  TO  AND  FROM
STORAGE LOCATED AND OPERATING ENTIRELY WITHIN ONE STORY;
  (J)  EQUIPMENT FOR FEEDING OR POSITIONING MATERIALS INCLUDING, BUT NOT
LIMITED TO, MACHINE TOOLS AND PRINTING PRESSES;
  (K) SKIP OR FURNACE HOISTS;
  (L) WHARF RAMPS;
  (M) RAILROAD CAR LIFTS OR DUMPERS;

S. 1945--B                          3

  (N) LINE JACKS, FALSE CARS, SHAFTERS,  MOVING  PLATFORMS  AND  SIMILAR
EQUIPMENT  USED  FOR  INSTALLING AN ELEVATOR BY A CONTRACTOR LICENSED IN
THIS STATE.
  3.  THE  LICENSING,  PERMITTING  AND  CERTIFICATION PROVISIONS OF THIS
ARTICLE SHALL NOT APPLY TO THE OWNERS OR LESSEES OF  PRIVATE  RESIDENCES
WHO  DESIGN,  ERECT, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE OR MAIN-
TAIN CONVEYANCES THAT ARE LOCATED OR WILL BE LOCATED IN  SUCH  OWNER  OR
LESSEE'S  PRIVATE RESIDENCE. HOWEVER, ANY PERSON HIRED TO DESIGN, ERECT,
CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE,  MAINTAIN,  OR  PERFORM  ANY
OTHER  WORK  RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS
OF THIS ARTICLE.
  4. NO LICENSE SHALL BE REQUIRED FOR  THE  REMOVAL  OR  DISMANTLING  OF
CONVEYANCES.
  5. THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT THER-
ETO  SHALL  BE  THE  MINIMUM  STANDARD  REQUIRED AND SHALL SUPERSEDE ANY
SPECIAL LAW OR LOCAL ORDINANCE  INCONSISTENT  THEREWITH,  AND  NO  LOCAL
ORDINANCE  INCONSISTENT  THEREWITH  SHALL BE ADOPTED, BUT NOTHING HEREIN
CONTAINED SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDI-
TIONAL REQUIREMENTS AND RESTRICTIONS.
  S 952. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
  1. "AUTOMATED PEOPLE MOVER" MEANS A GUIDED  TRANSIT  MODE  WITH  FULLY
AUTOMATED  OPERATION,  FEATURING VEHICLES THAT OPERATE ON GUIDEWAYS WITH
EXCLUSIVE RIGHT-OF-WAY.
  2. "BOARD" MEANS THE NEW YORK  STATE  ELEVATOR  SAFETY  AND  STANDARDS
BOARD ESTABLISHED BY SECTION NINE HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
  3.  "CERTIFICATE  OF OPERATION" MEANS A DOCUMENT ISSUED BY THE COMMIS-
SIONER THAT INDICATES THAT THE ELEVATOR OR RELATED  CONVEYANCE  HAS  HAD
THE  REQUIRED  SAFETY INSPECTION AND TESTS AND THAT THE FEES REQUIRED BY
THIS ARTICLE HAVE BEEN PAID.
  4. "TEMPORARY CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY THE
COMMISSIONER WHICH PERMITS THE TEMPORARY USE OF A NON-COMPLIANT ELEVATOR
OR RELATED CONVEYANCE BY THE GENERAL PUBLIC FOR A LIMITED TIME,  NOT  TO
EXCEED THIRTY DAYS, WHILE MINOR REPAIRS ARE BEING COMPLETED.
  5.  "CONVEYANCE"  MEANS  ANY  ELEVATOR,  DUMBWAITER, ESCALATOR, MOVING
SIDEWALK, PLATFORM  LIFTS,  STAIRWAY  CHAIRLIFTS  AND  AUTOMATED  PEOPLE
MOVERS.
  6.  "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN INSTALLATION
PLACED OUT OF SERVICE UNDER THE FOLLOWING  CIRCUMSTANCES:  (A)  WHEN  AN
INSTALLATION'S  POWER  HAS  BEEN  DISCONNECTED  AND (I) WHEN AN ELECTRIC
ELEVATOR, DUMBWAITER, OR MATERIAL LIFT WHOSE SUSPENSION ROPES HAVE  BEEN
REMOVED, WHOSE CAR AND COUNTERWEIGHT REST AT THE BOTTOM OF THE HOISTWAY,
AND  WHOSE  HOISTWAY DOORS HAVE BEEN PERMANENTLY BARRICADED OR SEALED IN
THE CLOSED POSITION ON THE HOISTWAY SIDE; OR (II) A HYDRAULIC  ELEVATOR,
DUMBWAITER, OR MATERIAL LIFT WHOSE CAR RESTS AT THE BOTTOM OF THE HOIST-
WAY  AND  WHOSE  DOORS ARE PERMANENTLY BARRICADED OR SEALED; OR (III) AN
ESCALATOR OR MOVING WALK WHOSE ENTRANCES HAVE BEEN PERMANENTLY BARRICAD-
ED; OR (B) AS DETERMINED BY STATE OR LOCAL LAW,  CODE,  RULE,  OR  REGU-
LATIONS.
  7. "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH A
CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS.
  8. "ELEVATOR CONTRACTOR" MEANS, A PUBLIC CORPORATION, OR INSTRUMENTAL-
ITY  OF  A PUBLIC CORPORATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPO-
RATED ASSOCIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY,  CORPO-
RATION,  OR  ANY  OTHER  ENTITY,  OR ANY OWNER OR OPERATOR OF ANY OF THE
FOREGOING ENTITIES, WHO POSSESSES AN ELEVATOR  CONTRACTOR'S  LICENSE  IN

S. 1945--B                          4

ACCORDANCE  WITH THE PROVISIONS OF SECTIONS NINE HUNDRED FIFTY-THREE AND
NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE AND IS ENGAGED IN  THE  BUSINESS
OF  DESIGNING,  ERECTING, CONSTRUCTING, INSTALLING, ALTERING, REPAIRING,
SERVICING  OR  MAINTAINING  ELEVATORS  OR  OTHER AUTOMATED PEOPLE MOVING
CONVEYANCES COVERED BY THIS ARTICLE.
  9. "ELEVATOR HELPER/APPRENTICE/ASSISTANT MECHANIC"  MEANS  ANY  PERSON
WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
  10.  "ELEVATOR  INSPECTOR"  MEANS ANY PERSON WHO POSSESSES AN ELEVATOR
INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  11. "ELEVATOR MECHANIC" MEANS ANY PERSON  WHO  POSSESSES  AN  ELEVATOR
MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  12. "ESCALATOR" MEANS POWER-DRIVEN, INCLINED, CONTINUOUS STAIRWAY USED
FOR RAISING OR LOWERING PASSENGERS.
  13.  "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  THAT  HAS BEEN
COMPLETED OR IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE  OF  THIS
ARTICLE.
  14. "LICENSE" MEANS A LICENSE DULY ISSUED BY THE COMMISSIONER, AUTHOR-
IZING  THE  DESIGN,  ERECTION,  CONSTRUCTION,  INSTALLATION, ALTERATION,
REPAIR, SERVICE,  MAINTENANCE,  OR  INSPECTION  OF  ELEVATORS  OR  OTHER
CONVEYANCES COVERED BY THIS ARTICLE.
  15. "ELEVATOR CONTRACTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
HOLDER  THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF  DESIGNING, ERECTING,
CONSTRUCTING, INSTALLING, ALTERING, REPAIRING, SERVICING OR  MAINTAINING
CONVEYANCES COVERED BY THIS ARTICLE.
  16.  "ELEVATOR INSPECTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
HOLDER THEREOF TO ENGAGE  IN  THE  BUSINESS  OF  INSPECTING  OR  TESTING
CONVEYANCES COVERED BY THIS ARTICLE.
  17.  "ELEVATOR  MECHANIC'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
HOLDER THEREOF TO INSTALL,  CONSTRUCT,  ALTER,  SERVICE,  REPAIR,  TEST,
MAINTAIN,  AND  PERFORM  WORK  ON  CONVEYANCES OR OTHER AUTOMATED PEOPLE
MOVERS COVERED BY THIS ARTICLE.
  18. "MOVING WALK/SIDEWALK" MEANS A TYPE OF  PASSENGER-CARRYING  DEVICE
ON  WHICH  PASSENGERS STAND OR WALK, AND IN WHICH THE PASSENGER-CARRYING
SURFACE REMAINS PARALLEL TO ITS DIRECTION  OF  MOTION  AND  IS  UNINTER-
RUPTED.
  19.  "PERMIT" MEANS A DOCUMENT ISSUED BY THE COMMISSIONER PRIOR TO THE
COMMENCEMENT  OF  WORK  THAT  PERMITS  A  CONVEYANCE  TO   BE   ERECTED,
CONSTRUCTED,  INSTALLED,  OR ALTERED UNDER PLANS APPROVED BY THE COMMIS-
SIONER PURSUANT TO THIS ARTICLE.
  20. "PERSON" MEANS ANY NATURAL PERSON.
  21. "PRIVATE RESIDENCE" MEANS A SEPARATE DWELLING OR A SEPARATE APART-
MENT IN A MULTIPLE DWELLING, WHICH IS OCCUPIED BY MEMBERS  OF  A  SINGLE
FAMILY UNIT.
  22.  "REPAIR"  MEANS  RECONDITIONING  OR RENEWAL OF PARTS, COMPONENTS,
AND/OR SUBSYSTEMS NECESSARY TO KEEP EQUIPMENT IN COMPLIANCE WITH  APPLI-
CABLE CODE REQUIREMENTS.
  23.  "ALTERATION"  MEANS ANY CHANGE TO EQUIPMENT, INCLUDING ITS PARTS,
COMPONENTS,  AND/OR  SUBSYSTEMS,  OTHER  THAN  MAINTENANCE,  REPAIR,  OR
REPLACEMENT,  BUT  SHALL  NOT INCLUDE THE PROFESSIONAL SERVICES OF ENGI-
NEERING OR ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO  HUNDRED  ONE
AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW.
  24.  "DESIGN"  MEANS THE ACT OR PROCESS OF PLANNING THE REPAIR, ALTER-
ATION OR CONSTRUCTION OF ANY  CONVEYANCE,  BUT  SHALL  NOT  INCLUDE  THE
PROFESSIONAL  SERVICES  OF  ENGINEERING  OR  ARCHITECTURE  AS DEFINED IN
SECTIONS SEVENTY-TWO HUNDRED ONE AND SEVENTY-THREE HUNDRED  ONE  OF  THE
EDUCATION LAW.

S. 1945--B                          5

  25.  "CONSTRUCTION"  MEANS  THE  ACT  OR  PROCESS  OF CONSTRUCTING ANY
CONVEYANCE.
  26.  "INSPECTION"  MEANS A CRITICAL EXAMINATION, OBSERVATION OR EVALU-
ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE.
  27. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE.
  28. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION,
CLEANING, AND ADJUSTMENT OF PARTS, COMPONENTS, AND/OR SUBSYSTEMS FOR THE
PURPOSE OF ENSURING PERFORMANCE IN ACCORDANCE WITH ANY  APPLICABLE  CODE
REQUIREMENTS.
  29.  "SERVICE  OR SERVICING" MEANS A SERVICE CALL OR OTHER UNSCHEDULED
VISIT, NOT INCLUDING ROUTINE MAINTENANCE OR A REPAIR,  FROM  A  LICENSED
ELEVATOR  MECHANIC TO TROUBLESHOOT, ADJUST OR REPAIR AN IMPROPERLY FUNC-
TIONING OR AN OTHERWISE SHUT DOWN CONVEYANCE.
  30. "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS  AN
INSTALLATION  TEMPORARILY  PLACED  OUT  OF  SERVICE  UNDER THE FOLLOWING
CIRCUMSTANCES: (A) (I) WHEN SUCH INSTALLATION'S POWER  SUPPLY  HAS  BEEN
DISCONNECTED;  AND  (II)  THE CAR IS PARKED AND ANY DOORS ARE CLOSED AND
LATCHED; AND (III) A WIRE SEAL IS INSTALLED ON THE  MAINLINE  DISCONNECT
SWITCH  BY  A LICENSED ELEVATOR INSPECTOR; OR (B) AS DETERMINED BY STATE
OR LOCAL LAW, CODE, RULE, OR REGULATION.
  31. "ERECT" MEANS TO VERTICALLY CONSTRUCT OR CONNECT ANY CONVEYANCE OR
PART OR SYSTEM THEREOF.
  32. "INSTALLATION" MEANS TO PLACE OR FIX ANY  CONVEYANCE  OR  PART  OR
SYSTEM THEREOF, IN POSITION FOR OPERATION.
  TEMPORARILY DORMANT INSTALLATIONS SHALL NOT BE USED UNTIL SUCH INSTAL-
LATION  HAS  BEEN  RESTORED  TO A SAFE RUNNING ORDER AND IS IN CONDITION
SUITABLE FOR USE IN ACCORDANCE WITH ALL APPLICABLE  LAWS,  CODES,  RULES
AND  REGULATIONS. SUCH TEMPORARILY DORMANT INSTALLATION SHALL BE SUBJECT
TO CONTINUED INSPECTIONS FOR THE DURATION OF THE  "TEMPORARILY  DORMANT"
STATUS  BY  A  LICENSED  ELEVATOR INSPECTOR. SUCH INSPECTOR SHALL FILE A
REPORT WITH THE COMMISSIONER DESCRIBING THE CONDITIONS OF SUCH TEMPORAR-
ILY DORMANT INSTALLATION. THE REPORT SHALL BE FILED ANNUALLY OR MORE  OR
LESS  FREQUENT  AS DETERMINED BY THE COMMISSIONER. "TEMPORARILY DORMANT"
STATUS SHALL BE RENEWABLE ON AN ANNUAL BASIS, BUT  SHALL  NOT  EXCEED  A
FIVE-YEAR PERIOD.
  NO PERSON SHALL REMOVE THE WIRE SEAL AND PADLOCK FOR ANY PURPOSE WITH-
OUT THE EXPRESS PERMISSION OF THE ELEVATOR INSPECTOR.
  S 953. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIREMENTS. 1.
EXCEPT  AS  OTHERWISE  PROVIDED  FOR  IN  SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF THIS ARTICLE FOR ANY ELEVATOR CONTRACTOR TO DESIGN, ERECT, CONSTRUCT,
INSTALL,  ALTER, REPLACE, SERVICE, OR MAINTAIN, ANY CONVEYANCE CONTAINED
WITHIN BUILDINGS OR  STRUCTURES  IN  THIS  STATE  UNLESS  SUCH  ELEVATOR
CONTRACTOR HOLDS AN ELEVATOR CONTRACTOR'S LICENSE.
  2.  EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF THIS ARTICLE FOR ANY PERSON TO WIRE ANY CONVEYANCE, FROM THE MAINLINE
FEEDER TERMINALS ON THE CONTROLLER, IN THIS STATE UNLESS SUCH PERSON HAS
AN  ELEVATOR  MECHANIC'S  LICENSE AND IS WORKING UNDER THE DIRECT SUPER-
VISION OF A LICENSED ELEVATOR CONTRACTOR PURSUANT TO  THIS  ARTICLE.  NO
OTHER  LICENSE  SHALL BE REQUIRED FOR THIS WORK, EXCLUDING THE INSTALLA-
TION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM AND PIT
LIGHTING, RECEPTACLES AND HVAC AS DESCRIBED IN THE NFPA  NATIONAL  ELEC-
TRIC  CODE  620.23  AND  620.24  AS  WELL AS FIRE AND HEAT DETECTORS AND
ALARMS, MAY BE PERFORMED BY A LICENSED  ELECTRICAL  CONTRACTOR.    ADDI-
TIONALLY,  WITHIN NEW YORK CITY, THE INSTALLATION OF BRANCH CIRCUITS AND

S. 1945--B                          6

WIRING  TERMINATIONS  FOR  THE  CAR  FAN,  LIGHTS  AND  RECEPTACLES,  AS
DESCRIBED  IN  THE NFPA NATIONAL ELECTRIC CODE 620.22, AND INTERCOMS AND
VOICE COMMUNICATIONS AS WELL AS SIGNAL EQUIPMENT OR SYSTEMS, AS  DEFINED
IN  NFPA  ARTICLE 620.2, THAT IS NOT DIRECTLY ASSOCIATED WITH THE OPERA-
TION OR SAFETY OF ANY CONVEYANCE, MAY BE PERFORMED BY A  LICENSED  ELEC-
TRICAL CONTRACTOR.
  3.  EXCEPT  AS  OTHERWISE PROVIDED FOR IN SUBDIVISION THREE OF SECTION
NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A VIOLATION OF  THIS
ARTICLE  FOR  ANY PERSON TO INSPECT OR TEST ANY CONVEYANCE WITHIN BUILD-
INGS OR STRUCTURES UNLESS SUCH  PERSON  HOLDS  AN  ELEVATOR  INSPECTOR'S
LICENSE.
  4.  EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF  THIS  ARTICLE  FOR  ANY  ELEVATOR  CONTRACTOR  TO  ERECT, CONSTRUCT,
INSTALL, OR ALTER CONVEYANCES WITHIN BUILDINGS OR STRUCTURES WITHIN THIS
STATE UNLESS A PERMIT THEREFOR  HAS  BEEN  ISSUED  BY  THE  COMMISSIONER
BEFORE  WORK  IS COMMENCED. NO PERMIT SHALL BE ISSUED EXCEPT TO A PERSON
HOLDING A VALID ELEVATOR CONTRACTOR'S LICENSE. A  COPY  OF  SUCH  PERMIT
SHALL BE KEPT AT THE CONSTRUCTION SITE AT ALL TIMES WHILE THE WORK IS IN
PROGRESS.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY-ONE OF THIS  ARTICLE,  ALL  NEW  CONVEYANCE  INSTALLATIONS
SHALL  BE  PERFORMED  BY AN ELEVATOR CONTRACTOR LICENSED TO INSTALL SUCH
CONVEYANCE. SUBSEQUENT TO INSTALLATION,  THE  ELEVATOR  CONTRACTOR  MUST
CERTIFY  COMPLIANCE  TO THE COMMISSIONER WITH THE APPLICABLE SECTIONS OF
THIS ARTICLE AS WELL AS ANY OTHER APPLICABLE LAW,  RULE,  REGULATION  OR
CODE.    PRIOR  TO  SUCH  CONVEYANCES  BEING USED, THE PROPERTY OWNER OR
LESSEE MUST OBTAIN A CERTIFICATE OF OPERATION FROM THE  COMMISSIONER.  A
FEE, AS SET FORTH IN THIS ARTICLE, SHALL BE PAID FOR SUCH CERTIFICATE OF
OPERATION,  HOWEVER,  NO  SUCH  FEE SHALL BE REQUIRED FOR CONVEYANCES IN
PRIVATE RESIDENCES. IT IS THE RESPONSIBILITY OF  THE  LICENSED  ELEVATOR
CONTRACTOR  TO  COMPLETE AND SUBMIT REGISTRATIONS FOR NEW INSTALLATIONS.
A CERTIFICATE OF OPERATION SHALL BE  VALID  FOR  ONE  YEAR,  EXCEPT  FOR
CERTIFICATES  ISSUED  FOR  PLATFORM  AND STAIRWAY CHAIRLIFTS FOR PRIVATE
RESIDENCES, WHICH SHALL BE VALID FOR A PERIOD OF  THREE  YEARS.  CERTIF-
ICATES  OF  OPERATION MUST BE CLEARLY AND CONSPICUOUSLY DISPLAYED ON, IN
OR AROUND EACH CONVEYANCE AND BE ACCESSIBLE TO  THE  STATE  OR  LOCALITY
INSPECTING OR ENFORCING ANY APPLICABLE LAW, RULE, REGULATION OR CODE.
  6.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY-ONE OF THIS ARTICLE,  THE  CERTIFICATE  OF  OPERATION  FOR
NEWLY INSTALLED PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESI-
DENCES  SHALL  BE  ISSUED ONLY SUBSEQUENT TO AN INSPECTION BY A LICENSED
THIRD PARTY INSPECTION FIRM. THE CERTIFICATE OF OPERATION  FEE  FOR  ALL
NEW AND EXISTING PLATFORM AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES
AND  ANY  RENEWAL  CERTIFICATE FEES ARE HEREBY WAIVED. THE INSPECTION OF
PRIVATE RESIDENCE PLATFORM AND STAIRWAY CHAIRLIFTS SHALL BE DONE AT  THE
REQUEST AND CONSENT OF THE PRIVATE RESIDENCE'S OWNER OR LESSEES.
  7.  IT  SHALL  BE  THE  RESPONSIBILITY OF LICENSEES TO ENSURE THAT THE
INSTALLATION, SERVICE OR MAINTENANCE  OF  CONVEYANCES  IS  PERFORMED  IN
COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
  S  954.  LICENSE  AND  PERMIT PROCEDURE. ALL APPLICATIONS FOR ELEVATOR
CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
REQUIRED PERMITS SHALL BE SUBMITTED TO  THE  DEPARTMENT  IN  WRITING  ON
FORMS  FURNISHED  BY  THE COMMISSIONER AND SHALL CONTAIN THE INFORMATION
SET FORTH IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION THAT THE

S. 1945--B                          7

COMMISSIONER MAY REQUIRE. THE  COMMISSIONER  SHALL  ALSO  SET  FEES  FOR
LICENSING AND PERMITTING UNDER THIS SECTION.
  1.  APPLICATIONS  FOR  LICENSES. EVERY APPLICATION FOR A LICENSE UNDER
THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
  (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT;
  (B) THE NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE  BUSINESS  OR
PRACTICE  OF  DESIGNING, CONSTRUCTING, ERECTING, INSTALLING, INSPECTING,
TESTING, REPAIRING,  ALTERING,  MAINTAINING,  OR  SERVICING  CONVEYANCES
COVERED BY THIS ARTICLE;
  (C)  THE  APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED BY THE
APPLICANT FOR AN ELEVATOR CONTRACTOR'S LICENSE;
  (D) EVIDENCE THAT THE APPLICANT IS  OR  WILL  BE  COVERED  BY  GENERAL
LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE; AND
  (E) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
  UPON  APPROVAL  OF AN APPLICATION FOR A LICENSE THE COMMISSIONER SHALL
ISSUE SUCH LICENSE WHICH SHALL BE VALID FOR TWO YEARS. THE FEES FOR SUCH
LICENSE AND RENEWAL THEREOF SHALL BE SET BY THE COMMISSIONER. ANY DENIAL
FOR SUCH APPLICATION SHALL SET FORTH THE REASONS THEREFOR.
  2. APPLICATION FOR PERMITS. EVERY APPLICATION FOR A PERMIT UNDER  THIS
ARTICLE  SHALL  INCLUDE PLANS AND SPECIFICATIONS STAMPED AND SIGNED BY A
PROFESSIONAL ENGINEER AND/OR AN ARCHITECT LICENSED PURSUANT  TO  ARTICLE
ONE  HUNDRED  FORTY-FIVE  AND/OR  ARTICLE ONE HUNDRED FORTY-SEVEN OF THE
EDUCATION LAW.  EVERY APPLICATION FOR A PERMIT UNDER THIS ARTICLE  SHALL
INCLUDE THE FOLLOWING:
  (A)  COPIES  OF  THE  SPECIFICATIONS  AND  ACCURATELY SCALED AND FULLY
DIMENSIONED PLANS SHOWING THE LOCATION OF THE INSTALLATION  IN  RELATION
TO THE PLANS AND ELEVATION OF THE BUILDING;
  (B)  THE  LOCATION  OF  THE  MACHINERY  ROOM  AND  THE EQUIPMENT TO BE
INSTALLED, RELOCATED OR ALTERED;
  (C) ALL STRUCTURAL SUPPORTING MEMBERS THEREOF, INCLUDING FOUNDATIONS;
  (D) A LIST OF ALL MATERIALS  TO  BE  EMPLOYED  AND  ALL  LOADS  TO  BE
SUPPORTED AND CONVEYED;
  (E)  ANY OTHER INFORMATION THAT THE COMMISSIONER MAY REQUIRE TO ENSURE
THAT SUCH PLANS AND SPECIFICATIONS ARE SUFFICIENTLY COMPLETE AND  ILLUS-
TRATE ALL DETAILS OF CONSTRUCTION AND DESIGN; AND
  (F)  ANY  REQUIRED  PERMITTING  FEES, WHICH ARE SUBJECT TO RETURN UPON
DENIAL OF A PERMIT APPLICATION.
  UPON APPROVAL OF AN APPLICATION FOR A PERMIT  THE  COMMISSIONER  SHALL
ISSUE  SUCH  PERMIT.  SUCH PERMIT SHALL STATE THE TIME BY WHICH THE WORK
SHALL COMMENCE AND ALSO WHEN SUCH PERMIT EXPIRES. IF AFTER THE WORK  HAS
BEEN STARTED, WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIXTY DAYS,
OR  SUCH  SHORTER  PERIOD OF TIME AS THE COMMISSIONER MAY SPECIFY AT THE
TIME THE PERMIT IS ISSUED, THE PERMIT SHALL EXPIRE.  UPON EXPIRATION  OF
A  PERMIT  FOR  WHICH  WORK HAS NOT BEEN COMPLETED, THE COMMISSIONER MAY
EXTEND SUCH PERMIT.
  3. LICENSING AND PERMITTING EXEMPTIONS. WHENEVER AN  EMERGENCY  EXISTS
IN  THIS  STATE  DUE  TO  A  DISASTER  OR ACT OF GOD, WHICH IMPERILS THE
HEALTH, SAFETY OR WELFARE OF AN INDIVIDUAL OR  INDIVIDUALS  AND  PLACING
SUCH INDIVIDUAL OR INDIVIDUALS IN IMMINENT DANGER OF INJURY OR DEATH AND
THE NUMBER OF PERSONS IN THE STATE HOLDING LICENSES GRANTED BY THE BOARD
IS  INSUFFICIENT  TO COPE WITH SUCH EMERGENCY, ANY PERSON CERTIFIED BY A
LICENSED ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF  DOCU-
MENTED EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITH DIRECT AND
IMMEDIATE  SUPERVISION  SHALL  SEEK  AN  EMERGENCY  ELEVATOR  MECHANIC'S
LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
WORK REQUIRING A LICENSE.  THE COMMISSIONER SHALL ISSUE EMERGENCY ELEVA-

S. 1945--B                          8

TOR MECHANIC'S LICENSES  TO  ADDRESS  THE  EMERGENCY  THAT  EXISTS.  THE
LICENSED  ELEVATOR  CONTRACTOR  SHALL FURNISH PROOF OF COMPETENCY AS THE
COMMISSIONER MAY REQUIRE. EACH SUCH LICENSE  SHALL  RECITE  THAT  IT  IS
VALID  FOR  A  PERIOD OF FIFTEEN DAYS FROM THE DATE THEREOF AND FOR SUCH
PARTICULAR ELEVATORS OR  GEOGRAPHICAL  AREAS  AS  THE  COMMISSIONER  MAY
DESIGNATE TO ADDRESS THE EMERGENCY SITUATION AND OTHERWISE SHALL ENTITLE
THE  LICENSEE  TO  THE  RIGHTS  AND PRIVILEGES OF AN ELEVATOR MECHANIC'S
LICENSE ISSUED IN THIS ARTICLE.  THE COMMISSIONER SHALL RENEW  AN  EMER-
GENCY  ELEVATOR  MECHANIC'S LICENSE DURING THE EXISTENCE OF AN EMERGENCY
AS NEEDED. NO FEE SHALL BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC'S
LICENSE OR RENEWAL THEREOF.
  S 955.  QUALIFICATIONS,  TRAINING  AND  CONTINUING  EDUCATION.  1.  NO
LICENSE  SHALL  BE  GRANTED  TO ANY PERSON WHO HAS NOT PAID THE REQUIRED
APPLICATION FEE AND DEMONSTRATED HIS OR HER  QUALIFICATIONS  AND  ABILI-
TIES.  APPLICANTS  FOR  A MECHANIC'S LICENSE MUST DEMONSTRATE ONE OF THE
FOLLOWING QUALIFICATIONS: (A) AN ACCEPTABLE  COMBINATION  OF  DOCUMENTED
EXPERIENCE  AND  EDUCATION  CREDITS CONSISTING OF (I) NOT LESS THAN FOUR
YEARS WORK EXPERIENCE  IN  THE  CONSTRUCTION,  MAINTENANCE  AND  SERVICE
REPAIR  OF  ELEVATORS, AS VERIFIED BY CURRENT AND PREVIOUS EMPLOYERS AND
(II) SATISFACTORY COMPLETION OF A WRITTEN EXAMINATION,  ADMINISTERED  BY
THE  COMMISSIONER, ON THE MOST RECENT NATIONAL, STATE, AND LOCAL CONVEY-
ANCES CODES AND STANDARDS; OR
  (B)  ACCEPTABLE  PROOF  THAT  HE  OR  SHE  HAS  WORKED   ON   ELEVATOR
CONSTRUCTION,  MAINTENANCE  OR  REPAIR  WITH DIRECT AND IMMEDIATE SUPER-
VISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATE-
LY PRIOR TO THE EFFECTIVE DATE  OF  THIS  ARTICLE,  PROVIDED  THAT  SUCH
APPLICANT  SHALL  FILE SUCH 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 INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELEVA-
TOR INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT; OR
  (D)  CERTIFICATE  OF SUCCESSFUL COMPLETION OF THE JOINT APPRENTICE AND
TRAINING COMMITTEE OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW,  EE  DIVI-
SION  TRAINING PROGRAM OR AN APPRENTICESHIP PROGRAM FOR ELEVATOR MECHAN-
ICS, HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF THIS CHAPTER,  AND
REGISTERED  WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S. DEPART-
MENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL.
  (E) THE COMMISSIONER SHALL UPON APPLICATION AND  WITHOUT  EXAMINATION,
ISSUE  A  LICENSE  TO  ANY PERSON OVER THE AGE OF EIGHTEEN YEARS WHO HAS
BEEN DULY  LICENSED BY ANY OTHER STATE OF THE UNITED STATES TO ENGAGE IN
THE BUSINESS OF CONSTRUCTION, OPERATION, INSPECTION, MAINTENANCE, ALTER-
ATION AND REPAIR OF  ELEVATORS  AS  VERIFIED  BY  CURRENT  AND  PREVIOUS
EMPLOYERS, UPON COMPLIANCE WITH STANDARDS AND REQUIREMENTS NOT LOWER, IN
THE  JUDGEMENT  OF  THE COMMISSIONER THAN THOSE OF THIS STATE, PROVIDED,
HOWEVER, THAT SUCH STATE EXTENDS THE SAME RECIPROCITY TO  THE  LICENSEES
OF  THIS  STATE.  SUCH  APPLICATION SHALL BE ACCOMPANIED BY THE REQUIRED
LICENSE FEE.
  2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO
THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR
MECHANICS WHO PERFORM THE WORK DESCRIBED IN SECTION NINE HUNDRED  FIFTY-
ONE  OF  THIS  ARTICLE  AND  HAVE PROOF OF COMPLIANCE WITH THE INSURANCE
REQUIREMENTS SET FORTH IN PARAGRAPH (D) OF SUBDIVISION  ONE  OF  SECTION
NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE.
  3. ANY APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE
TO  THE  SATISFACTION  OF  THE COMMISSIONER THAT SUCH APPLICANT MEETS OR

S. 1945--B                          9

EXCEEDS APPLICABLE NATIONAL STANDARDS. PRIVATE ELEVATOR INSPECTORS SHALL
MAINTAIN THE SAME INSURANCE REQUIREMENTS AS AN ELEVATOR CONTRACTOR.
  4.  (A)  THE  RENEWAL  OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF
THIS SUBDIVISION SHALL BE CONDITIONED UPON THE SUBMISSION OF  A  CERTIF-
ICATE OF COMPLETION OF A COURSE DESIGNED TO ENSURE THE CONTINUING EDUCA-
TION OF LICENSEES ON NEW AND EXISTING NATIONAL, STATE, AND LOCAL CONVEY-
ANCES  CODES  AND  STANDARDS. SUCH COURSE SHALL CONSIST OF NOT LESS THAN
EIGHT HOURS OF INSTRUCTION THAT SHALL BE ATTENDED ANNUALLY AND COMPLETED
PRECEDING ANY SUCH LICENSE RENEWAL.  THE  COMMISSIONER  SHALL  ESTABLISH
REQUIREMENTS  FOR  CONTINUING EDUCATION AND TRAINING PROGRAMS, AND SHALL
APPROVE SUCH PROGRAMS, AS WELL AS MAINTAIN A LIST OF  APPROVED  PROGRAMS
WHICH  SHALL BE MADE AVAILABLE TO LICENSE APPLICANTS, PERMIT APPLICANTS,
RENEWAL APPLICANTS  AND  OTHER  INTERESTED  PARTIES  UPON  REQUEST.  THE
COMMISSIONER  SHALL  PROMULGATE  RULES AND REGULATIONS SETTING FORTH THE
CRITERIA FOR APPROVAL OF SUCH PROGRAMS, THE PROCEDURES TO BE FOLLOWED IN
APPLYING FOR SUCH APPROVAL, AND  OTHER  RULES  AND  REGULATIONS  AS  THE
COMMISSIONER  DEEMS  NECESSARY  AND PROPER TO EFFECTUATE THE PURPOSES OF
THIS SECTION.
  (B) THE COMMISSIONER SHALL ASSESS A  FEE  FOR  EACH  TRAINING  PROGRAM
COMPLETION   CERTIFICATE   AND   FOR  EACH  REFRESHER  TRAINING  PROGRAM
COMPLETION CERTIFICATE, PROVIDED, HOWEVER, THAT IN NO  EVENT  SHALL  THE
COST  OF  SUCH  CERTIFICATES BE ASSESSED BY THE SPONSOR OF SUCH TRAINING
PROGRAM AGAINST THE PARTICIPANTS.
  5. THE RENEWAL OF ALL LICENSES GRANTED UNDER THE  PROVISIONS  OF  THIS
SECTION  SHALL  BE  CONDITIONED  UPON THE SUBMISSION OF A CERTIFICATE OF
COMPLETION OF A COURSE DESIGNED TO ENSURE THE  CONTINUING  EDUCATION  OF
LICENSEES ON NEW AND EXISTING REGULATIONS OF THE DEPARTMENT. SUCH COURSE
SHALL  CONSIST OF NOT LESS THAN EIGHT HOURS OF INSTRUCTION THAT SHALL BE
ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH LICENSE RENEWAL.
  THE COURSES SHALL BE TAUGHT BY INSTRUCTORS THROUGH  CONTINUING  EDUCA-
TION  PROVIDERS  THAT  MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCI-
ATION SEMINARS, AND LABOR  TRAINING  PROGRAMS.  THE  COMMISSIONER  SHALL
APPROVE  THE  CONTINUING  EDUCATION  PROVIDERS. ALL INSTRUCTORS SHALL BE
EXEMPT FROM THE REQUIREMENTS OF THE PRECEDING PARAGRAPH WITH  REGARD  TO
THEIR  APPLICATION  FOR LICENSE RENEWAL PROVIDED THAT SUCH APPLICANT WAS
QUALIFIED AS AN INSTRUCTOR AT ANY TIME DURING THE ONE  YEAR  IMMEDIATELY
PRECEDING THE SCHEDULED DATE FOR SUCH RENEWAL.
  APPROVED  TRAINING  PROVIDERS SHALL KEEP UNIFORM RECORDS, FOR A PERIOD
OF SIX YEARS, OF ATTENDANCE OF LICENSEES FOLLOWING A FORMAT APPROVED  BY
THE  COMMISSIONER  AND SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION BY
THE COMMISSIONER AT HIS OR HER REQUEST.    APPROVED  TRAINING  PROVIDERS
SHALL  BE  RESPONSIBLE  FOR  THE  SECURITY OF ALL ATTENDANCE RECORDS AND
CERTIFICATES OF COMPLETION; PROVIDED, HOWEVER, THAT FALSIFYING OR  KNOW-
INGLY  ALLOWING  ANOTHER  TO  FALSIFY SUCH ATTENDANCE RECORDS OR CERTIF-
ICATES OF COMPLETION SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR  REVOCA-
TION OF THE APPROVAL REQUIRED UNDER THIS SECTION.
  S 956. POWERS OF THE COMMISSIONER.  1. THE COMMISSIONER SHALL HAVE THE
AUTHORITY  TO  INSPECT,  OR  CAUSE TO BE INSPECTED, ONGOING OR COMPLETED
CONVEYANCES PROJECTS AND TO CONDUCT AN INVESTIGATION  THEREOF  UPON  THE
COMMISSIONER'S  OWN  INITIATION  OR  UPON  RECEIPT OF A COMPLAINT BY ANY
PERSON OR ENTITY. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL PERMIT  THE
COMMISSIONER TO ENTER A PRIVATE RESIDENCE.
  2.  IF, UPON RECEIPT OF A COMPLAINT ALLEGING A VIOLATION OF THIS ARTI-
CLE, THE COMMISSIONER REASONABLE BELIEVES THAT SUCH VIOLATION EXISTS, HE
OR SHE SHALL INVESTIGATE AS SOON AS PRACTICABLE  TO  DETERMINE  IF  SUCH
VIOLATION  EXISTS.  IF  THE COMMISSIONER DETERMINES THAT NO VIOLATION OR

S. 1945--B                         10

DANGER EXISTS, THE COMMISSIONER SHALL INFORM THE COMPLAINING  PERSON  OR
ENTITY.
  3.  IF,  UPON  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT THE
ALLEGED VIOLATION EXISTS, THE COMMISSIONER MAY DELIVER TO SUCH OWNER  OR
ELEVATOR  CONTRACTOR  OR  HIS  OR  HER AGENT OR REPRESENTATIVE A WRITTEN
ORDER TO CURE SUCH VIOLATION AND MAY ORDER THAT THEIR PERMIT TO WORK  ON
SUCH  INSTALLATION,  REPAIR  OR  MAINTENANCE  PROJECT SHALL BE SUSPENDED
UNTIL SUCH VIOLATION IS CURED. SUCH ORDER SHALL  SPECIFICALLY  ENUMERATE
THE  VIOLATIONS WHICH CONSTITUTE THE BASIS OF THE ORDER TO CURE OR ORDER
OF SUSPENSION AND SHALL SPECIFY THE CORRECTIVE ACTION TO BE  TAKEN.  THE
COMMISSIONER MAY ALLOW THE PERMIT TO TOLL DURING THE TIME OF SUCH ORDER.
  4.  UPON  RECEIPT OF A WRITTEN NOTICE FROM THE ELEVATOR CONTRACTOR, OR
HIS OR HER  AGENT  OR  REPRESENTATIVE,  THAT  SUCH  VIOLATION  HAS  BEEN
CORRECTED,  THE  COMMISSIONER  SHALL,  WITHIN TEN DAYS, ISSUE A DETERMI-
NATION AS TO WHETHER SUCH ORDER TO CURE  HAS  BEEN  SATISFIED  AND  SUCH
ORDER OF SUSPENSION, IF ANY, SHALL BE LIFTED. IF THE COMMISSIONER DETER-
MINES  THAT  THE  ORDER  TO  CURE  HAS  NOT BEEN SATISFIED HE OR SHE MAY
CONTINUE SUCH ORDER FOR A REASONABLE PERIOD OF TIME UPON THE CONSENT  OF
THE  CONTRACTOR,  OR  HIS OR HER AGENT OR REPRESENTATIVE. IF THE COMMIS-
SIONER DOES NOT CONTINUE THE ORDER, OR IF THE CONTRACTOR, OR HIS OR  HER
AGENT  OR  REPRESENTATIVE  DOES  NOT  CONSENT  TO SUCH CONTINUATION, THE
CONTRACTOR SHALL HAVE THE RIGHT TO A HEARING TO DETERMINE IF SUCH  ORDER
SHALL  BE LIFTED. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED
BY A NOTICE, SUSPENSION, OR DETERMINATION ISSUED UNDER THIS SECTION  MAY
COMMENCE  A  PROCEEDING  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
  5. THE COMMISSIONER MAY, AFTER A NOTICE AND HEARING, SUSPEND OR REVOKE
A LICENSE ISSUED UNDER THIS  ARTICLE  BASED  ON  ANY  OF  THE  FOLLOWING
VIOLATIONS:
  (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION;
  (B) FRAUD, OR MISREPRESENTATION, IN SECURING A LICENSE;
  (C)  FAILURE  TO  NOTIFY THE COMMISSIONER AND THE OWNER OR LESSEE OF A
CONVEYANCE OF ANY CONDITION NOT IN COMPLIANCE WITH THIS ARTICLE;
  (D) A VIOLATION OF SECTION NINE HUNDRED FIFTY-THREE OF  THIS  ARTICLE;
OR
  (E)  A FINDING BY THE COMMISSIONER THAT A CONTRACTOR HAS VIOLATED THIS
ARTICLE OR ANY RULE OR REGULATION PROMULGATED THEREUNDER TWICE WITHIN  A
PERIOD  OF THREE YEARS, OR THAT A CONTRACTOR HAS VIOLATED A PROVISION OF
THIS ARTICLE AND SUCH VIOLATION RESULTED IN  A  SERIOUS  THREAT  TO  THE
HEALTH  OR SAFETY OF AN INDIVIDUAL OR INDIVIDUALS. THE COMMISSIONER MAY,
IN ADDITION TO ORDERING THAT SUCH CONTRACTOR'S LICENSE BE  REVOKED,  BAR
SUCH  INDIVIDUAL  FROM  BEING ELIGIBLE TO REAPPLY FOR SUCH LICENSE FOR A
PERIOD NOT TO EXCEED TWO YEARS.
  6. THE COMMISSIONER MAY, AFTER NOTICE AND  HEARING,  REVOKE  A  PERMIT
ISSUED UNDER THIS ARTICLE BASED ON ANY OF THE FOLLOWING VIOLATIONS:
  (A) ANY FALSE STATEMENTS OR MISREPRESENTATION AS TO A MATERIAL FACT IN
THE APPLICATION, PLANS, OR SPECIFICATIONS ON WHICH THE PERMIT WAS BASED;
  (B)  ANY APPLICATION WHICH BY OMISSION OR MISTAKE FAILS TO COMPLY WITH
THE REQUIREMENTS OF THIS ARTICLE;
  (C) ANY FAILURE TO PERFORM WORK IN ACCORDANCE WITH THE  PROVISIONS  OF
THE  APPLICATION,  PLANS  OR  SPECIFICATIONS OR WITH THE REQUIREMENTS OF
THIS ARTICLE OR CONDITIONS OF THE PERMIT;
  (D) A FAILURE BY THE OWNER OR ELEVATOR CONTRACTOR TO WHOM  THE  PERMIT
WAS  ISSUED  TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION; OR

S. 1945--B                         11

  (E) A FINDING BY THE COMMISSIONER THAT AN INDIVIDUAL OR CONTRACTOR WHO
HAS BEEN ISSUED A PERMIT HAS VIOLATED ANY PROVISION UNDER  SECTION  NINE
HUNDRED FIFTY-THREE OF THIS ARTICLE.
  7. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF THE
COMMISSIONER  FINDS,  AFTER  NOTICE  AND HEARING, THAT AN INDIVIDUAL HAS
VIOLATED ANY PROVISION OF THIS ARTICLE, HE OR SHE  MAY  IMPOSE  A  CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION. UPON
A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS OF THE DETERMINATION
OF A PRIOR VIOLATION, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT TO
EXCEED TWO THOUSAND DOLLARS.
  (B)  THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE INCREASED TO AN AMOUNT NOT TO EXCEED FIVE  THOUSAND  DOLLARS  IF  THE
VIOLATION  RESULTED  IN  A  SERIOUS THREAT TO THE HEALTH OR SAFETY OF AN
INDIVIDUAL OR INDIVIDUALS.
  8. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN  ORDER
ISSUED  UNDER THIS SECTION MAY COMMENCE A PROCEEDING PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  9. THE COMMISSIONER MAY BRING AN ACTION IN A COURT OF COMPETENT JURIS-
DICTION TO ENJOIN ANY CONDUCT THAT VIOLATES THE PROVISIONS OF THIS ARTI-
CLE.
  10. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY TO
CARRY OUT AND EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  S 957. NEW YORK STATE ELEVATOR  SAFETY  AND  STANDARDS  BOARD.  1.  AN
ELEVATOR  SAFETY  AND  STANDARDS  BOARD IS HEREBY CREATED, TO CONSIST OF
NINE MEMBERS. THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  AND
THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT THREE MEMBERS. THE GOVER-
NOR'S  APPOINTEES  SHALL  BE  COMPRISED  OF  A REPRESENTATIVE OF A MAJOR
ELEVATOR MANUFACTURING COMPANY, A MEMBER OF THE  GENERAL  PUBLIC  AND  A
BUILDING  OWNER,  MANAGER  OR REPRESENTATIVE; THE TEMPORARY PRESIDENT OF
THE SENATE'S APPOINTEES SHALL BE  COMPRISED  OF  AN  ELEVATOR  SERVICING
COMPANY, AN ELEVATOR ARCHITECTURAL DESIGNER OR CONSULTANT, AND AN ELEVA-
TOR  INSPECTOR;  THE  SPEAKER  OF  THE  ASSEMBLY'S  APPOINTEES  SHALL BE
COMPRISED OF AN ELEVATOR CONTRACTOR EMPLOYEE LABOR  UNION,  AN  ELEVATOR
MECHANIC, AND A FIRE MARSHAL. THE COMMISSIONERS OF HEALTH, LABOR, EDUCA-
TION,  AND  ECONOMIC  DEVELOPMENT OR THEIR DESIGNEES SHALL BE EX-OFFICIO
MEMBERS. THE BOARD SHALL MEET ON  AN  AS  NEEDED  BASIS  TO  ADVISE  THE
COMMISSIONER  ON  THE  IMPLEMENTATION  OF  THIS ARTICLE. THE BOARD SHALL
ELECT A CHAIRPERSON TO SERVE FOR THE TERM OF THEIR  APPOINTMENT  TO  THE
BOARD.    THE  BOARD SHALL PREPARE AN ANNUAL REPORT FOR THE GOVERNOR AND
THE LEGISLATURE, COPIES OF WHICH SHALL BE SENT TO THE  COMMISSIONERS  OF
HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, AND LABOR.
  2. THE FIRST MEMBER APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT
OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE A TERM OF ONE
YEAR; THE SECOND MEMBER APPOINTED BY EACH SHALL HAVE A TERM OF TWO YEARS
AND THE REMAINING MEMBERS SHALL HAVE A TERM OF THREE YEARS. EACH OF SUCH
APPOINTED MEMBERS SHALL HOLD OFFICE FOR THE TERM FOR WHICH  SUCH  MEMBER
WAS  APPOINTED  AND UNTIL HIS OR HER SUCCESSOR SHALL HAVE BEEN APPOINTED
OR UNTIL HE OR SHE SHALL RESIGN.  THE TERM OF OFFICE  OF  ALL  SUCCESSOR
MEMBERS  SHALL BE THREE YEARS. THE MEMBERS SHALL SERVE WITHOUT SALARY OR
COMPENSATION, BUT SHALL BE REIMBURSED FOR NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES.
  3. THE BOARD MAY CONSULT WITH ENGINEERING  AUTHORITIES  AND  ORGANIZA-
TIONS  CONCERNED  WITH  STANDARD  SAFETY  CODES,  RULES  AND REGULATIONS
GOVERNING THE OPERATION, MAINTENANCE,  SERVICING,  CONSTRUCTION,  ALTER-
ATION,  INSTALLATION,  AND  INSPECTION  OF CONVEYANCES AND THE ADEQUATE,

S. 1945--B                         12

REASONABLE, AND NECESSARY QUALIFICATIONS OF ELEVATOR MECHANICS, CONTRAC-
TORS, AND INSPECTORS.
  4. THE DUTIES OF THE BOARD ARE AS FOLLOWS:
  (A)  ASSIST  THE  COMMISSIONER  AND THE DEPARTMENT IN ESTABLISHING THE
STATE REGULATIONS FOR EQUIPMENT COVERED BY THIS ARTICLE;
  (B) DEVELOP RECOMMENDATIONS FOR  AN  ENFORCEMENT  PROGRAM  WHICH  WILL
ENSURE  COMPLIANCE  WITH THE REGULATIONS AND REQUIREMENTS PROMULGATED BY
THE COMMISSIONER PURSUANT TO THIS ARTICLE;
  (C) ASSIST THE COMMISSIONER IN GRANTING EXCEPTIONS AND VARIANCES  FROM
THE  LITERAL  REQUIREMENTS  OF  THE APPLICABLE CODE AND STANDARDS, REGU-
LATIONS, AND LOCAL LEGISLATION, IN CASES WHERE SUCH VARIANCES WOULD  NOT
JEOPARDIZE THE PUBLIC SAFETY AND WELFARE;
  (D)  ASSIST  THE  COMMISSIONER  IN SETTING FEE SCHEDULES FOR LICENSES,
PERMITS, AND INSPECTIONS. THE FEES SHALL REFLECT THE  ACTUAL  COSTS  AND
EXPENSES TO CONDUCT THE DUTIES AS DESCRIBED IN THIS ARTICLE; AND
  (E) ASSIST THE COMMISSIONER IN ANY AND ALL THINGS NECESSARY OR CONVEN-
IENT  TO THE COMMISSIONER'S DUTY TO CARRY OUT THE PURPOSES OF THIS ARTI-
CLE.
  S 958. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO
THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES BY A PERSON  LICENSED  TO
PRACTICE  ARCHITECTURE WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FORTY-SEVEN OF THE EDUCATION LAW OR ENGINEERING WITHIN THIS STATE PURSU-
ANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW.
  S 2. The state finance law is amended by adding a new section  97-pppp
to read as follows:
  S  97-PPPP.  ELEVATOR  AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE  STATE  COMPTROLLER
THE ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
  2.  SUCH  FUND  SHALL  CONSIST  OF  MONEYS  COLLECTED  PURSUANT TO THE
PROVISIONS OF ARTICLE THIRTY-THREE OF THE LABOR LAW.
  3. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF  LABOR
FOR  PURPOSES  OF  OFFSETTING  THE COSTS INCURRED BY THE COMMISSIONER OF
LABOR FOR THE ADMINISTRATION OF ARTICLE THIRTY-THREE OF THE  LABOR  LAW,
INCLUDING  THE ADMINISTRATION OF ELEVATOR AND RELATED CONVEYANCES SAFETY
PROGRAMS, THE ADMINISTRATION OF LICENSES AND PERMITS, AND  THE  ADMINIS-
TRATION  OF CERTIFICATES OF OPERATION AS SET FORTH IN SUCH ARTICLE THIR-
TY-THREE.
  4. THE MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OR HIS OR HER DESIGNEE.
  5.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THE FUND UNTIL  A  CERTIFICATE  OF  ALLO-
CATION  AND  A  SCHEDULE  OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, AND A COPY  OF  SUCH  CERTIF-
ICATE  FILED  WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE AMENDED FROM
TIME TO TIME BY THE DIRECTOR OF THE BUDGET  AND  A  COPY  OF  EACH  SUCH
AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date,  and
the  appointment  of  the  New  York state elevator safety and standards
board, are authorized and directed to be established, made and completed
on or before such effective date.