[ ] is old law to be omitted.
LBD05563-12-9
S. 4080--C 2
the effective date of the Part, which makes reference to a section "of
this act", when used in connection with that particular component, shall
be deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of this act sets forth the general
effective date of this act.
§ 2. 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 act is intended to create, expand, diminish, limit,
impair, or supersede any rights under current law, rule, or regulation,
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.
PART A
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. APPLICATION.
951. DEFINITIONS.
952. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIRE-
MENTS.
953. LICENSE AND PERMIT PROCEDURE.
954. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
955. POWERS OF THE COMMISSIONER.
956. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
957. EXEMPT PERSONS.
§ 950. 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 NON-RESIDENTIAL 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-ONE
OF THIS ARTICLE; AND
S. 4080--C 3
(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) PERSONNEL AND 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) STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES;
(O) LINE JACKS, FALSE CARS, SHAFTERS, MOVING PLATFORMS AND SIMILAR
EQUIPMENT USED FOR INSTALLING AN ELEVATOR BY A CONTRACTOR LICENSED IN
THIS STATE;
(P) OPERATION OF INSIDE CARS (ELEVATORS); AND
(Q) OPERATION OF AN ELEVATOR THAT HAS RECEIVED A TEMPORARY CERTIFICATE
OF OCCUPANCY.
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.
6. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO CITIES HAVING A
POPULATION OF ONE MILLION OR MORE.
§ 951. 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-SIX 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.
S. 4080--C 4
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, NON-RESIDENTIAL STAIRWAY CHAIRLIFTS AND AUTO-
MATED 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-TWO AND
NINE HUNDRED FIFTY-THREE 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,
S. 4080--C 5
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.
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. "PERSONNEL AND MATERIAL HOISTS" MEANS RACK AND PINION HOISTS,
ALIMAKS AND MACHINES OF A SIMILAR NATURE USED FOR THE HOISTING OF
CONSTRUCTION MATERIAL, EQUIPMENT AND PERSONNEL, OR THE REMOVAL OF
DEBRIS, ALL DURING THE CONSTRUCTION, RENOVATION AND/OR DEMOLITION PHASE
OF ANY CONSTRUCTION PROJECT WHETHER AN INSIDE OR OUTSIDE HOIST.
33. "INSTALLATION" MEANS TO PLACE OR FIX ANY CONVEYANCE OR PART OR
SYSTEM THEREOF, IN POSITION FOR OPERATION.
S. 4080--C 6
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.
§ 952. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIREMENTS. 1.
EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY 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 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.
3. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISION THREE OF SECTION
NINE HUNDRED FIFTY 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 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. AN
APPLICATION FOR A PERMIT UNDER THIS SECTION WITH THE COMMISSIONER SHALL
NOT BE REQUIRED IF AN AUTHORITY HAVING JURISDICTION ("AHJ") POSTS ALL
PERMITS ISSUED TO ELEVATOR CONTRACTORS ON THE AHJ'S OFFICIAL WEBSITE
WITHIN FORTY-EIGHT HOURS OF THEIR ISSUANCE. THE INFORMATION REQUIRED TO
BE PUBLISHED MUST INCLUDE, AT A MINIMUM, THE DATE OF ISSUANCE, THE WORK
COVERED BY THE PERMIT, THE ELEVATOR CONTRACTOR OR CONTRACTORS INVOLVED
AND LOCATION AND TYPE OF WORK TO BE PERFORMED.
5. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY 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 COMPLI-
ANCE TO THE COMMISSIONER WITH THE APPLICABLE SECTIONS OF THIS ARTICLE AS
S. 4080--C 7
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 OPERA-
TION SHALL BE VALID FOR ONE YEAR, EXCEPT FOR CERTIFICATES ISSUED FOR
PLATFORM LIFTS FOR PRIVATE RESIDENCES, WHICH SHALL BE VALID FOR A PERIOD
OF THREE YEARS. CERTIFICATES OF OPERATION MUST BE CLEARLY AND CONSPICU-
OUSLY 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. AN APPLICATION FOR A CERTIFICATE OF OPERATION UNDER
THIS SECTION WITH THE COMMISSIONER SHALL NOT BE REQUIRED IF AN AUTHORITY
HAVING JURISDICTION ("AHJ") POSTS ALL CERTIFICATES OF OPERATION ISSUED
TO A BUILDING OWNER ON THE AHJ'S OFFICIAL WEBSITE WITHIN FORTY-EIGHT
HOURS OF THEIR ISSUANCE. THE INFORMATION REQUIRED TO BE PUBLISHED MUST
INCLUDE, AT A MINIMUM, THE DATE OF ISSUANCE, THE UNIT SUBJECT TO THE
CERTIFICATE OF OPERATION, THE NAME AND ADDRESS OF THE BUILDING OWNER,
AND THE ADDRESS OF THE UNIT.
6. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY OF THIS ARTICLE, THE CERTIFICATE OF OPERATION FOR NEWLY
INSTALLED PLATFORM LIFTS FOR PRIVATE RESIDENCES 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 LIFTS
FOR PRIVATE RESIDENCES AND ANY RENEWAL CERTIFICATE FEES ARE HEREBY
WAIVED. THE INSPECTION OF PRIVATE RESIDENCE PLATFORM LIFTS 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.
§ 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 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.
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
S. 4080--C 8
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;
(F) ANY REQUIRED PERMITTING FEES, WHICH ARE SUBJECT TO RETURN UPON
DENIAL OF A PERMIT APPLICATION; AND
(G) THE DEPARTMENT SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL
LICENSED ELEVATOR MECHANICS, CONTRACTORS AND INSPECTORS, WHICH SHALL
LIST AND IDENTIFY, ALL LICENSED ELEVATOR MECHANICS, CONTRACTORS, AND
INSPECTORS DOING BUSINESS IN THIS STATE. THE DEPARTMENT SHALL MAKE THE
REGISTRY AVAILABLE ON ITS WEBSITE.
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 WITHOUT 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
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.
4. RESTRICTED LICENSE. A RESTRICTED CLASS OF LIFT MECHANIC LICENSE
SHALL BE KNOWN AS "ACCESSIBILITY TECHNICIAN". SUCH CLASS OF LICENSE
SHALL BE RESTRICTED TO PERFORMING WORK INVOLVING PLATFORM LIFTS INCLUD-
ING THOSE INSTALLED IN PRIVATE RESIDENCES WHICH ARE COVERED BY THE
S. 4080--C 9
PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHANICAL ENGINEER) CODES AND
STANDARDS A18.1-2005. AN APPLICANT FOR SUCH RESTRICTED LICENSE SHALL
COMPLETE AN APPLICATION APPROVED BY THE BOARD AND SHALL HAVE AT LEAST
THREE YEARS VERIFIED WORK EXPERIENCE IN CONSTRUCTING, MAINTAINING AND
REPAIRING THOSE LIFTS COVERED BY ASME A18.1-2005 AND SHALL PROVIDE TO
THE COMMISSIONER A CERTIFICATE OF COMPLETION OF AN ACCESSIBILITY TRAIN-
ING PROGRAM FOR LIFTS UNDER THE SCOPE OF A18.1-2005 SUCH AS THE CERTI-
FIED ACCESSIBILITY TRAINING PROVIDED BY THE NATIONAL ASSOCIATION OF
ELEVATOR CONTRACTORS, OR AN EQUIVALENT PROGRAM AS DEEMED BY THE DEPART-
MENT.
§ 954. 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) 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 RELEASE AND
ACCESS TO THE LICENSING APPLICATION AS DEFINED IN THIS ARTICLE; OR
(B) A 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; OR
(C) INDUSTRY EDUCATIONAL PROGRAM, THE NATIONAL ASSOCIATION OF ELEVATOR
CONTRACTORS (NAEC) CERTIFIED ELEVATOR TECHNICIAN (CET), OR THEIR EQUIV-
ALENT; OR
(D) 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, INSPECTION, MAINTENANCE, ALTERATION 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
OF THIS ARTICLE AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE REQUIRE-
MENTS SET FORTH IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION NINE
HUNDRED FIFTY-THREE OF THIS ARTICLE.
3. APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE TO
THE SATISFACTION OF THE COMMISSIONER THAT SUCH APPLICANT MEETS OR
EXCEEDS APPLICABLE STANDARDS SUCH AS A QUALIFIED ELEVATOR INSPECTOR
(QEI) OR ITS EQUIVALENT. 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 AND ON TECHNOLOGY AND TECHNICAL EDUCATION AND
WORKPLACE SAFETY. SUCH COURSE SHALL CONSIST OF NOT LESS THAN EIGHT
S. 4080--C 10
CONTACT HOURS (.8 CEU) 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 AVAIL-
ABLE 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 CONTACT HOURS (.8 CEU) OF INSTRUC-
TION THAT SHALL BE ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH
LICENSE RENEWAL.
THE COURSES SHALL BE TAUGHT THROUGH CONTINUING EDUCATION PROVIDERS
THAT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCIATION SEMINARS, AND
LABOR TRAINING PROGRAMS OR PROGRAMS THAT DELIVER AN APPROVED APPRENTICE-
SHIP AND ARE REGISTERED WITH THE DEPARTMENT OR THE NEW YORK STATE
APPRENTICESHIP TRAINING COUNCIL. 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.
§ 955. 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 REASONABLY 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
S. 4080--C 11
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-TWO 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-TWO 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
S. 4080--C 12
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.
§ 956. 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, AN ELEVATOR INSPECTOR 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 INDIVIDUAL FROM
AN ELEVATOR INDUSTRY ASSOCIATION; THE SPEAKER OF THE ASSEMBLY'S APPOINT-
EES SHALL BE COMPRISED OF AN ELEVATOR CONTRACTOR EMPLOYEE LABOR UNION,
AN ELEVATOR MECHANIC, AND A FIRE MARSHAL. THE COMMISSIONERS OF HEALTH,
LABOR, EDUCATION, 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 MAINTENANCE, SERVICING, CONSTRUCTION, ALTERATION, INSTAL-
LATION, AND INSPECTION OF CONVEYANCES AND THE ADEQUATE, REASONABLE, AND
NECESSARY QUALIFICATIONS OF ELEVATOR MECHANICS, CONTRACTORS, AND INSPEC-
TORS.
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;
S. 4080--C 13
(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.
§ 957. 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.
§ 2. The state finance law is amended by adding a new section 97-ssss
to read as follows:
§ 97-SSSS. 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.
§ 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.
PART B
Section 1. The undesignated paragraph subtitled "private elevator
inspection agency" of section 28-401.3 of the administrative code of the
city of New York is REPEALED and three new undesignated paragraphs are
added following the undesignated paragraph subtitled "direct employ" to
read as follows:
S. 4080--C 14
ELEVATOR AGENCY. AN APPROVED AGENCY AUTHORIZED BY THE COMMISSIONER TO
PERFORM ELEVATOR WORK AND TO INSPECT AND TEST ELEVATORS, ESCALATORS AND
OTHER CONVEYING EQUIPMENT REGULATED BY THIS CODE.
ELEVATOR AGENCY HELPER. AN INDIVIDUAL HAVING REQUIRED QUALIFICATIONS
TO PERFORM ELEVATOR WORK, AS DEFINED IN THIS CHAPTER, UNDER THE DIRECT
AND CONTINUING SUPERVISION OF AN ELEVATOR AGENCY DIRECTOR, AND IN THE
PRESENCE OF A LICENSED ELEVATOR AGENCY TECHNICIAN.
ELEVATOR WORK. ALTERATION, ASSEMBLY, INSTALLATION, MAINTENANCE,
REPAIR, REPLACEMENT AND MODERNIZATION WORK, AS DEFINED BY ASME A17.1 AS
MODIFIED BY APPENDIX K OF THE NEW YORK CITY BUILDING CODE, PERFORMED ON
CONVEYANCES REGULATED BY THIS CODE OR OTHER APPLICABLE LAWS OR RULES.
ELEVATOR WORK DOES NOT INCLUDE MATERIAL HOISTS, PLATFORM LIFTS, STAIR
CHAIR LIFTS, OR PERSONNEL HOISTS.
§ 2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
tive code of the city of New York, as added by section 91 of part A of
local law number 141 of the city of New York for the year 2013, are
amended to read as follows:
ARTICLE 421
[PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
§ 28-421.1 [Private elevator inspection] ELEVATOR agency director
license required. [Only private elevator inspection agencies may] IT
SHALL BE UNLAWFUL TO PERFORM ELEVATOR WORK AS DEFINED BY THIS CHAPTER OR
perform and/or witness inspections and tests or enter into contracts
pursuant to article 304 of chapter 3 of this code UNLESS LICENSED PURSU-
ANT TO THIS ARTICLE. Each [such] ELEVATOR agency shall designate one
director in responsible charge who shall be licensed pursuant to this
article. The designated director in responsible charge shall be in the
direct employ of the agency and shall supervise all the operations of
the agency. ALL ELEVATOR WORK SHALL BE PERFORMED BY INDIVIDUALS WHO ARE
UNDER THE DIRECT AND CONTINUING SUPERVISION OF THE ELEVATOR AGENCY
DIRECTOR AS DEFINED IN SECTION 28-401.3 OF THIS CHAPTER. All ELEVATOR
work performed by such agency pursuant to article 304 of chapter 3 of
this code shall be performed by or under the direct and continuing
supervision of the designated director in responsible charge.
§ 28-421.1.1 Additional directors. In addition to the designated
director in responsible charge, the agency may have other individuals in
its employ who may be issued [private] elevator [inspection] agency
director licenses pursuant to this article. [Notwithstanding any other
provision of this chapter, such individuals may only perform inspections
or other work pursuant to article 304 of chapter 3 of this code under
the direct and continuing supervision of the designated director in
responsible charge.]
§ 28-421.2 Qualifications. All applicants for [a private] AN elevator
[inspection] agency director license shall submit satisfactory proof
establishing that the applicant HAS SATISFACTORILY COMPLETED, WITHIN TWO
YEARS PRIOR TO THE DATE OF APPLICATION, A COURSE THAT IS AT LEAST THIRTY
HOURS IN LENGTH AND APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR
AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUS-
TRY TRAINING; AND ALSO SATISFIES ONE OF THE FOLLOWING:
1. Has at least ten years of practical experience in the supervision
of the assembly, installation, maintenance, repair, design or inspection
of elevators within the fifteen years prior to application; or
2. Is an engineer or architect and has at least five years experience
in the supervision of the assembly, installation, maintenance, repair,
REVIEW AND APPROVAL OF design DOCUMENTS or inspection of elevators with-
in the seven years prior to application.
S. 4080--C 15
§ 28-421.3 [Director restriction] RESTRICTION. Each [private] eleva-
tor [inspection] agency director shall SUPERVISE AND perform ELEVATOR
work OR INSPECTIONS AND TESTS pursuant to article 304 of chapter 3 of
this code for only one [private] elevator [inspection] agency, and shall
not inspect and/or test elevators or PERFORM ELEVATOR WORK ON related
devices as an inspector [or], director OR ELEVATOR AGENCY HELPER for any
other [private] elevator [inspection] agency.
§ 28-421.4 Place of business. Every licensed [private] elevator
[inspection] agency shall have a place of business within the city IN
CONFORMANCE WITH DEPARTMENT RULES AND REGULATIONS.
ARTICLE 422
[PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE
§ 28-422.1 [Private elevator inspection agency] ELEVATOR AGENCY
inspector license required. [Individuals who] IT SHALL BE UNLAWFUL TO
witness and/or perform inspections and tests on behalf of [a private] AN
elevator [inspection] agency pursuant to article 304 of chapter 3 of
this code [shall be] UNLESS licensed pursuant to this article. Licensed
inspectors shall perform such work under the direct and continuing
supervision of a designated director in responsible charge licensed
pursuant to article 421 of this chapter.
§ 28-422.2 Qualifications. [Applicants] ALL APPLICANTS for [a private]
AN elevator agency inspector license shall submit satisfactory proof
establishing that the applicant HAS SATISFACTORILY COMPLETED, WITHIN TWO
YEARS PRIOR TO THE DATE OF APPLICATION, A COURSE THAT IS AT LEAST TEN
HOURS IN LENGTH AND APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR
AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUS-
TRY STANDARDS; AND ALSO SATISFIES THE FOLLOWING:
1. Has at least seven years of practical experience in the [assembly,
installation, repair, design, or] inspection of elevators, or as an
elevator mechanic within the ten years prior to application.
§ 28-422.3 [Inspector restriction] RESTRICTION. Each [private] eleva-
tor [inspection] agency inspector shall perform work pursuant to article
304 of chapter 3 of this code for only one [private] elevator
[inspection] agency, and shall not witness and/or perform inspections
and/or test elevators or related devices as an inspector, TECHNICIAN or
director for any other [private] elevator [inspection] agency.
§ 3. Chapter 4 of title 28 of the administrative code of the city of
New York is amended by adding three new articles 425, 426 and 427 to
read as follows:
ARTICLE 425
ELEVATOR AGENCY TECHNICIAN LICENSE
§ 28-425.1 ELEVATOR AGENCY TECHNICIAN LICENSE REQUIRED. IT SHALL BE
UNLAWFUL TO PERFORM ELEVATOR WORK AS DEFINED IN THIS CHAPTER, UNLESS
THAT WORK IS PERFORMED BY OR UNDER THE DIRECTION OF AN ELEVATOR AGENCY
TECHNICIAN AND UNDER THE SUPERVISION OF A DESIGNATED DIRECTOR OF AN
ELEVATOR AGENCY LICENSED PURSUANT TO ARTICLE 421 OF THIS CHAPTER.
§ 28-425.2 RESTRICTED ELEVATOR AGENCY TECHNICIAN LICENSE. A RESTRICTED
CLASS OF LIFT MECHANIC LICENSE SHALL BE KNOWN AS "ACCESSIBILITY TECHNI-
CIAN". SUCH CLASS OF LICENSE SHALL BE RESTRICTED TO PERFORMING WORK
INVOLVING PLATFORM LIFTS INCLUDING THOSE INSTALLED IN PRIVATE RESIDENCES
WHICH ARE COVERED BY THE PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHAN-
ICAL ENGINEERS) CODES AND STANDARDS A18.1-2005. AN APPLICANT FOR SUCH
RESTRICTED LICENSE SHALL COMPLETE AN APPLICATION APPROVED BY THE BOARD
AND SHALL HAVE AT LEAST THREE YEARS VERIFIED WORK EXPERIENCE IN
CONSTRUCTING, MAINTAINING AND REPAIRING THOSE LIFTS COVERED BY ASME
A18.1-2005 AND SHALL PROVIDE TO THE COMMISSIONER A CERTIFICATE OF
S. 4080--C 16
COMPLETION OF AN ACCESSIBILITY TRAINING PROGRAM FOR LIFTS UNDER THE
SCOPE OF A18.1-2005 SUCH AS THE CERTIFIED ACCESSIBILITY TRAINING
PROVIDED BY THE NATIONAL ASSOCIATION OF ELEVATOR CONTRACTORS, OR AN
EQUIVALENT PROGRAM AS DEEMED BY THE DEPARTMENT.
§ 28-425.3 QUALIFICATIONS. ALL APPLICANTS FOR AN ELEVATOR AGENCY TECH-
NICIAN'S LICENSE SHALL SUBMIT SATISFACTORY PROOF ESTABLISHING THAT THE
APPLICANT HAS SATISFACTORILY COMPLETED, WITHIN TWO YEARS PRIOR TO THE
DATE OF APPLICATION, A COURSE THAT IS AT LEAST TEN HOURS IN LENGTH AND
APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR AND THE OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUSTRY TRAINING; AND ALSO
SATISFIES ONE OF THE FOLLOWING QUALIFICATIONS:
1. 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 RELEASE AND
ACCESS TO THE LICENSING APPLICATION AS DEFINED IN THIS ARTICLE; OR
2. SUCCESSFUL COMPLETION OF A TRAINING PROGRAM OF AT LEAST FOUR YEARS
FOR ELEVATOR MAINTENANCE, INSTALLATION OR REPAIR, REGISTERED WITH THE
BUREAU OF APPRENTICESHIP AND TRAINING, UNITED STATES DEPARTMENT OF LABOR
OR A NEW YORK STATE APPRENTICESHIP COUNCIL, INCLUDING BUT NOT LIMITED TO
THE NATIONAL ELEVATOR INDUSTRY ELEVATOR EDUCATIONAL PROGRAM; OR
3. 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 ELEVATOR
INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT; OR
4. A 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.
NO LICENSING FEES SHALL BE CHARGED TO ANY INDIVIDUAL WHO HOLDS A NEW
YORK STATE ELEVATOR MECHANICS LICENSE AND SEEKS A NEW YORK CITY ELEVATOR
TECHNICIANS LICENSE.
ARTICLE 426
ELEVATOR AGENCY HELPER
§ 28-426.1 QUALIFICATIONS. THE AGENCY MAY, BY RULE, ESTABLISH QUALI-
FICATIONS FOR ELEVATOR AGENCY HELPERS.
ARTICLE 427
PERMITS
§ 28-427.1 APPLICATIONS AND PERMITS. ALL APPLICATIONS/PERMITS ISSUED
TO ELEVATOR CONTRACTORS SHALL APPEAR ON THE DEPARTMENT OF BUILDINGS
WEBSITE WITHIN FORTY-EIGHT HOURS OF ISSUANCE. THE INFORMATION REQUIRED
TO BE PUBLISHED MUST INCLUDE, AT A MINIMUM, THE DATE OF ISSUANCE, THE
WORK COVERED BY THE PERMIT, THE ELEVATOR CONTRACTOR OR CONTRACTORS
INVOLVED AND LOCATION AND TYPE OF WORK TO BE PERFORMED. THE DEPARTMENT
SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL LICENSED ELEVATOR AGENCY
HELPERS, TECHNICIANS, AND INSPECTORS, WHICH SHALL LIST AND IDENTIFY, ALL
LICENSED ELEVATOR AGENCY HELPERS, TECHNICIANS, AND INSPECTORS, DOING
BUSINESS IN THE CITY OF NEW YORK. THE DEPARTMENT SHALL MAKE THE REGISTRY
AVAILABLE ON ITS WEBSITE.
S. 4080--C 17
§ 28-427.2 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 WITHOUT 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
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 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 EMERGENCY ELEVA-
TOR 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.
§ 28-427.3 LICENSE RENEWAL. 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 NATIONAL, STATE,
AND LOCAL CONVEYANCES CODES AND STANDARDS AND ON TECHNOLOGY AND TECHNI-
CAL EDUCATION AND WORKPLACE SAFETY. SUCH COURSE SHALL CONSIST OF NOT
LESS THAN EIGHT HOURS 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 AVAIL-
ABLE 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.
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 THROUGH CONTINUING EDUCATION PROVIDERS
THAT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCIATION SEMINARS, AND
LABOR TRAINING PROGRAMS OR PROGRAMS THAT DELIVER AN APPROVED APPRENTICE-
SHIP AND ARE REGISTERED WITH THE DEPARTMENT OR THE NEW YORK STATE
APPRENTICESHIP TRAINING COUNCIL. THE COMMISSIONER SHALL APPROVE THE
CONTINUING EDUCATION PROVIDERS.
§ 28-427.4 RENEWAL FEES. 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.
S. 4080--C 18
§ 28-427.5 RECORDKEEPING. ALL INSTRUCTORS SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THE PRECEDING SECTION 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 KNOWINGLY ALLOWING ANOTHER TO FALSIFY SUCH ATTENDANCE
RECORDS OR CERTIFICATES OF COMPLETION SHALL CONSTITUTE GROUNDS FOR
SUSPENSION OR REVOCATION OF THE APPROVAL REQUIRED UNDER THIS SECTION.
§ 28-427.6 EQUIVALENCY. THE COMMISSIONER SHALL ACCEPT AN ELEVATOR
MECHANIC'S LICENSE ISSUED TO ANY PERSON OVER THE AGE OF EIGHTEEN YEARS
BY THE STATE OF NEW YORK AS EQUIVALENT TO AN ELEVATOR AGENCY TECHNICIAN
LICENSE IN CITIES WITH POPULATIONS OF ONE MILLION MORE, AS DEFINED IN
THIS ARTICLE, WITHOUT EXAMINATION, APPLICATION OR FEE, PROVIDED THAT
THEY REGISTER ANNUALLY WITH THE AGENCY.
§ 4. Section 28-304.6.1 of the administrative code of the city of New
York, as amended by section 61 of part A of local law number 141 for the
year 2013, is amended to read as follows:
§ 28-304.6.1 Inspection and testing entities. The required periodic
inspections in Table N1 shall be made by the department. The other tests
and inspections in Table N1 shall be performed on behalf of the owner by
an approved agency in accordance with this code and department rules.
Where indicated in Table N1, tests and inspections shall be witnessed by
an approved agency not affiliated with the agency performing the test,
AND NOT AFFILIATED WITH THE AGENCY PERFORMING THE ELEVATOR WORK. Not
affiliated, as used in this section, shall mean the approved agency
owners, directors and inspectors shall be independent of all relative
approved agencies, maintenance firms or other entities providing any
associated services to the device owner. Such other tests and
inspections shall comply with the timeframes established as follows:
1. Category 1 inspections and tests shall be performed between January
1st and December 31st of each year at a minimal time interval of six
months from the date of the previous Category 1 testing. Category 1
tests are required on new installations the calendar year following
final acceptance test.
2. Category 3 inspections and tests for water hydraulics shall be
performed every three years on or before the anniversary month of the
last Category 3 testing.
3. Category 5 inspections and tests shall be performed every five
years on or before the month of the final acceptance test for new eleva-
tors or the anniversary month of the last Category 5 testing.
§ 5. This act shall take effect three years after it shall have become
a law. Effective immediately, any rules and regulations necessary for
the timely implementation of this act on its effective date shall be
promulgated on or before such date.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
S. 4080--C 19
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. 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.
