The New York State Senate

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

                                  8359

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to requiring the licensing of
  persons  engaged  in  the design, construction, operation, 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 32 to read
as follows:
                               ARTICLE 32
   ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES: LICENSING
SECTION 925. LEGISLATIVE FINDINGS AND DECLARATION.
        926. APPLICATION.
        927. DEFINITIONS.
        928. LICENSING AND PERMIT REQUIREMENTS.
        929. LICENSE AND PERMIT PROCEDURE.
        930. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
        931. REGULATIONS.
        932. INVESTIGATIONS AND COMPLAINTS; INJUNCTION.
        933. CIVIL PENALTIES; SUSPENSION AND REVOCATION OF LICENSES.
        934. ENFORCEMENT.
        935. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
  S 925. LEGISLATIVE FINDINGS AND DECLARATION.  THE  LEGISLATURE  HEREBY
FINDS  AND  DECLARES  THAT THE USE OF UNSAFE AND DEFECTIVE ELEVATORS AND
OTHER AUTOMATED PEOPLE  MOVING  CONVEYANCES  EXPOSE  EMPLOYEES  AND  THE
PUBLIC  TO UNSAFE CONDITIONS AND IMPOSE SUBSTANTIAL PROBABILITY OF SERI-
OUS INJURY. THE LEGISLATURE  FINDS  THAT  THE  IMPROPER  AND  UNINFORMED
MANNER  IN WHICH SOME CONTRACTORS AND THEIR EMPLOYEES DESIGN, CONSTRUCT,
OPERATE, INSPECT, MAINTAIN, ALTER AND REPAIR SUCH CONVEYANCES CREATES AN
UNNECESSARY AND PREVENTABLE HEALTH AND SAFETY RISK TO EMPLOYEES AND  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10727-01-1

A. 8359                             2

PUBLIC.  THE  PROTECTION  OF  EMPLOYEES  AND  THE PUBLIC, AS WELL AS THE
PREVENTION OF SUCH INJURY, IS IN THE BEST INTEREST OF THE PEOPLE OF  THE
STATE OF NEW YORK.
  THE  LEGISLATURE FINDS AND DECLARES IT TO BE ITS PURPOSE AND POLICY TO
REDUCE SUCH HAZARDS BY REQUIRING PROPER TRAINING OF PERSONS EMPLOYED  TO
DESIGN,  CONSTRUCT,  OPERATE, INSPECT, MAINTAIN, ALTER AND REPAIR ELEVA-
TORS 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 SHALL CREATE, EXPAND, DIMINISH, LIMIT,  IMPAIR
OR  SUPERSEDE ANY JURISDICTION OVER WORK PARAMETERS A BUILDING TRADE MAY
HAVE UNDER LAW, REGULATIONS, CONTRACT,  PAST  PRACTICE,  PRIOR  DETERMI-
NATIONS  OF  ANY  COURTS, NATIONAL LABOR RELATIONS BOARD, ARBITRATION OR
OTHERWISE. NOTHING HEREIN SHALL BE USED, CONSTRUED  OR  INTERPRETED  FOR
THE  PURPOSES  OF  RESOLVING  OR  SETTLING A WORK JURISDICTIONAL DISPUTE
BETWEEN OR AMONG THE VARIOUS CONSTRUCTION TRADES.
  S  926.  APPLICATION.  1.   THE   DESIGN,   CONSTRUCTION,   OPERATION,
INSPECTION,  TESTING, MAINTENANCE, ALTERATION, AND REPAIR OF THE FOLLOW-
ING 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, STAIRWAY CHAIR  LIFTS,  AND
PERSONNEL HOISTS WITHIN THE SCOPE OF ANSI A10.4.
  (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.
  (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH  AN  EXCLUSIVE
RIGHT OF WAY. THIS EQUIPMENTS INCLUDES, BUT IS NOT LIMITED TO, AUTOMATED
PEOPLE MOVERS.
  2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
  (A) MATERIAL HOISTS WITHIN THE SCOPE OF ANSI A10.5;
  (B) MANLIFTS WITHIN THE SCOPE OF ASME A90.1;
  (C)  MOBILE  SCAFFOLDS, TOWERS, AND PLATFORMS WITHIN THE SCOPE OF ANSI
A92;
  (D) POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR  MAINTE-
NANCE WITHIN THE SCOPE OF ANSI 120.1;
  (E) CONVEYOR AND RELATED EQUIPMENT WITHIN THE SCOPE OF ASME B20.1;
  (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS WITHIN THE SCOPE
OF ASME B30;
  (G) INDUSTRIAL TRUCKS WITHIN THE SCOPE OF ASME B56;
  (H)  PORTABLE  EQUIPMENT,  EXCEPT  FOR  PORTABLE  ESCALATORS WHICH ARE
COVERED BY ANSI A17.1;
  (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; AND

A. 8359                             3

  (N) LINE JACKS, FALSE CARS, SHAFTERS,  MOVING  PLATFORMS  AND  SIMILAR
EQUIPMENT  USED  FOR  INSTALLING AN ELEVATOR BY A CONTRACTOR LICENSED IN
THIS STATE.
  S 927. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
  1.  "ASCE  21" MEANS THE AMERICAN SOCIETY OF CIVIL ENGINEERS AUTOMATED
PEOPLE MOVER STANDARDS.
  2. "ASME A17.1" MEANS THE SAFETY CODE FOR ELEVATORS AND ESCALATORS, AN
AMERICAN NATIONAL STANDARD.
  3. "ASME A17.3" MEANS THE SAFETY CODE FOR EXISTING ELEVATORS AND ESCA-
LATORS, AN AMERICAN NATIONAL STANDARD.
  4. "ASME A18.1" MEANS THE  SAFETY  STANDARD  FOR  PLATFORM  LIFTS  AND
STAIRWAY CHAIRLIFTS, AN AMERICAN NATIONAL STANDARD.
  5. "AUTOMATED PEOPLE MOVER" MEANS AN INSTALLATION DEFINED AS AN "AUTO-
MATED PEOPLE MOVER" IN ASCE 21.
  6.  "BOARD"  MEANS  THE  NEW  YORK STATE ELEVATOR SAFETY AND STANDARDS
BOARD ESTABLISHED BY SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
  7. "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.
  8.  "CERTIFICATE  OF  OPERATION; TEMPORARY" 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.
  9.  "CONVEYANCE"  MEANS  ANY  ELEVATOR,  DUMBWAITER, ESCALATOR, MOVING
SIDEWALK, PLATFORM  LIFTS,  STAIRWAY  CHAIRLIFTS  AND  AUTOMATED  PEOPLE
MOVERS.
  10. "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN INSTALLATION
PLACED OUT OF SERVICE AS SPECIFIED IN ASME A17.1 AND ASME 18.1.
  11.  "ELEVATOR" MEANS AN INSTALLATION DEFINED AS AN "ELEVATOR" IN ASME
A17.1.
  12. "ELEVATOR CONTRACTOR" MEANS THE STATE, A  PUBLIC  CORPORATION,  OR
ANY  OTHER  GOVERNMENTAL  AGENCY  OR  INSTRUMENTALITY  OF THE STATE OR A
PUBLIC CORPORATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPORATED  ASSO-
CIATION,  FIRM,  PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPORATION, OR
ANY OTHER ENTITY, OR ANY OWNER OR OPERATOR OF ANY OF THE FOREGOING ENTI-
TIES, WHO POSSESSES AN ELEVATOR CONTRACTOR'S LICENSE IN ACCORDANCE  WITH
THE  PROVISIONS  OF  SECTIONS NINE HUNDRED TWENTY-EIGHT AND NINE HUNDRED
TWENTY-NINE OF THIS ARTICLE AND IS ENGAGED IN THE BUSINESS OF  ERECTING,
CONSTRUCTING, INSTALLING, ALTERING, SERVICING, REPAIRING, OR MAINTAINING
ELEVATORS  OR  OTHER AUTOMATED PEOPLE MOVING CONVEYANCES COVERED BY THIS
ARTICLE.
  13. "ELEVATOR HELPER/APPRENTICE" MEANS ANY PERSON WHO WORKS UNDER  THE
GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
  14.  "ELEVATOR  INSPECTOR"  MEANS ANY PERSON WHO POSSESSES AN ELEVATOR
INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  15. "ELEVATOR MECHANIC" MEANS ANY PERSON  WHO  POSSESSES  AN  ELEVATOR
MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  16. "ESCALATOR" MEANS AN INSTALLATION DEFINED AS AN "ESCALATOR" IN THE
ASME A17.1.
  17.  "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  DEFINED  AS AN
"INSTALLATION, EXISTING" IN ASME A17.1.
  18. "LICENSE" MEANS A WRITTEN LICENSE, DULY ISSUED BY THE  COMMISSION-
ER,   AUTHORIZING  THE  ERECTING,  CONSTRUCTING,  INSTALLING,  ALTERING,

A. 8359                             4

SERVICING, REPAIRING, OR MAINTAINING OR PERFORMING INSPECTIONS OF ELEVA-
TORS OR OTHER CONVEYANCES COVERED BY THIS ARTICLE.
  19.  "LICENSE,  ELEVATOR  CONTRACTOR'S" MEANS A LICENSE WHICH ENTITLES
THE HOLDER THEREOF TO ENGAGE IN THE BUSINESS OF ERECTING,  CONSTRUCTING,
INSTALLING,  ALTERING,  SERVICING,  REPAIRING OR MAINTAINING CONVEYANCES
COVERED BY THIS ARTICLE.
  20. "LICENSE, INSPECTOR'S" MEANS A LICENSE WHICH ENTITLES  THE  HOLDER
THEREOF  TO  ENGAGE IN THE BUSINESS OF INSPECTING CONVEYANCES COVERED BY
THIS ARTICLE.
  21. "LICENSE, LIMITED ELEVATOR CONTRACTOR'S"  MEANS  A  LICENSE  WHICH
AUTHORIZES AN ELEVATOR CONTRACTOR WHO EMPLOYES INDIVIDUALS TO CARRY ON A
BUSINESS  OF  ERECTING,  CONSTRUCTING,  INSTALLING, ALTERING, SERVICING,
REPAIRING OR MAINTAINING CONVEYANCES WITHIN ANY BUILDING  OR  STRUCTURE,
INCLUDING, BUT NOT LIMITED, TO PRIVATE RESIDENCES.
  22.  "LICENSE, ELEVATOR MECHANIC'S" 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.
  23. "MATERIAL ALTERATION" MEANS AN  "ALTERATION"  AS  DEFINED  IN  THE
REFERENCED NATIONAL STANDARDS.
  24.  "MOVING  WALK  (SIDEWALK)"  MEANS AN INSTALLATION AS DEFINED AS A
"MOVING WALK" IN THE ASME A17.1.
  25. "PERMIT" MEANS A DOCUMENT ISSUED  BY  THE  COMMISSIONER  OF  LABOR
PRIOR  TO THE COMMENCEMENT OF WORK THAT INDICATES THAT THE CONVEYANCE IS
IN THE PROCESS OF BEING  ERECTED,  CONSTRUCTED,  INSTALLED,  OR  ALTERED
UNDER DEPARTMENT APPROVED PLANS PURSUANT TO THIS ARTICLE.
  26. "PERSON" MEANS ANY NATURAL PERSON.
  27. "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.
  28. "REPAIR" MEANS A "REPAIR" AS DEFINED IN  THE  REFERENCED  NATIONAL
STANDARDS.
  29.  "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN
INSTALLATION WHOSE POWER SUPPLY HAS BEEN DISCONNECTED BY REMOVING  FUSES
AND  PLACING  A  PADLOCK  ON THE MAINLINE DISCONNECT SWITCH IN THE "OFF"
POSITION. THE CAR IS PARKED AND THE HOISTWAY DOORS ARE IN THE CLOSED AND
LATCHED POSITION. A WIRE SEAL SHALL BE INSTALLED ON THE MAINLINE DISCON-
NECT SWITCH BY A LICENSED ELEVATOR INSPECTOR.  THIS  INSTALLATION  SHALL
NOT  BE USED AGAIN UNTIL IT HAS BEEN PUT IN SAFE RUNNING ORDER AND IS IN
CONDITION FOR USE. ANNUAL INSPECTIONS SHALL CONTINUE FOR THE DURATION OF
THE TEMPORARILY DORMANT STATUS BY A LICENSED ELEVATOR INSPECTOR. "TEMPO-
RARILY DORMANT" STATUS SHALL BE RENEWABLE ON AN ANNUAL BASIS, AND  SHALL
NOT  EXCEED  A  FIVE-YEAR PERIOD. THE INSPECTOR SHALL FILE A REPORT WITH
THE COMMISSIONER DESCRIBING THE CURRENT CONDITIONS. THE  WIRE  SEAL  AND
PADLOCK SHALL NOT BE REMOVED FOR ANY PURPOSE WITHOUT PERMISSION FROM THE
ELEVATOR INSPECTOR.
  S  928.  LICENSING  AND PERMIT REQUIREMENTS. 1. IT IS UNLAWFUL FOR ANY
ELEVATOR CONTRACTOR  TO  ERECT,  CONSTRUCT,  ALTER,  REPLACE,  MAINTAIN,
REMOVE  OR DISMANTLE ANY CONVEYANCE CONTAINED WITHIN BUILDINGS OR STRUC-
TURES IN THIS STATE UNLESS SUCH AN ELEVATOR CONTRACTOR HOLDS AN ELEVATOR
CONTRACTOR'S LICENSE.
  2. IT IS UNLAWFUL 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  SUPERVISION  OF  A LICENSED ELEVATOR CONTRACTOR PURSUANT TO THIS
ARTICLE. NO OTHER LICENSE SHALL BE REQUIRED FOR THIS WORK.  AN  ELEVATOR

A. 8359                             5

CONTRACTOR'S  LICENSE  IS NOT REQUIRED FOR THE REMOVAL OR DISMANTLING OF
CONVEYANCES WHICH ARE DESTROYED AS A RESULT OF A COMPLETE DEMOLITION  OF
A  SECURED  BUILDING  OR  STRUCTURE  OR WHERE THE HOISTWAY OR WELLWAY IS
DEMOLISHED  BACK  TO  THE  BASIC  SUPPORT STRUCTURE WHEREBY NO ACCESS IS
PERMITTED THEREIN TO ENDANGER THE SAFETY AND WELFARE OF A PERSON.
  3. IT IS UNLAWFUL FOR A PERSON TO INSPECT ANY CONVEYANCE WITHIN BUILD-
INGS OR STRUCTURES, INCLUDING BUT NOT  LIMITED  TO  PRIVATE  RESIDENCES,
UNLESS SUCH PERSON HOLDS AN ELEVATOR INSPECTOR'S LICENSE.
  4.  IT  IS  UNLAWFUL  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 REQUIRED PERMIT SHALL BE ISSUED EXCEPT TO A
LICENSED  ELEVATOR  CONTRACTOR  HOLDING  A CURRENT 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. ALL NEW CONVEYANCE INSTALLATIONS SHALL BE PERFORMED BY AN  ELEVATOR
CONTRACTOR  LICENSED TO INSTALL SUCH CONVEYANCE. SUBSEQUENT TO INSTALLA-
TION, THE ELEVATOR CONTRACTOR MUST CERTIFY COMPLIANCE WITH THE  APPLICA-
BLE  SECTIONS OF THIS ARTICLE. PRIOR TO SUCH CONVEYANCES BEING USED, THE
PROPERTY OWNER OR LESSEE MUST OBTAIN A CERTIFICATE OF OPERATION FROM THE
COMMISSION. A FEE, AS SET FORTH IN THIS ARTICLE, SHALL BE PAID FOR  SUCH
CERTIFICATE  OF  OPERATION.  IT  IS  THE  RESPONSIBILITY OF THE LICENSED
ELEVATOR CONTRACTOR TO COMPLETE AND SUBMIT REGISTRATIONS FOR NEW INSTAL-
LATIONS. 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 DISPLAYED ON OR IN  EACH  CONVEYANCE
OR IN THE MACHINE ROOM FOR USE FOR THE BENEFIT OF CODE ENFORCEMENT OFFI-
CERS.
  6. THE CERTIFICATE OF OPERATION FEE FOR NEWLY INSTALLED PLATFORM LIFTS
AND  STAIRWAY  CHAIRLIFTS  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 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.  NO  PROVISIONS  OF  THIS  ARTICLE
SHALL APPLY TO PRIVATE RESIDENCE OWNERS OR LESSEES.
  S  929. LICENSE AND PERMIT PROCEDURE. 1. ALL APPLICATIONS FOR ELEVATOR
CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
REQUIRED PERMITS SHALL BE SUBMITTED IN WRITING ON FORMS FURNISHED BY THE
COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS THE COMMISSIONER  MAY
REQUIRE.
  2. SUCH APPLICATIONS MUST INCLUDE THE FOLLOWING INFORMATION:
  (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT.
  (B)  THE  NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OF
INSTALLING, INSPECTING, REPAIRING, MAINTAINING, OR SERVICING CONVEYANCES
COVERED BY THIS ARTICLE.
  (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE  EMPLOYED  BY  AN
ELEVATOR  CONTRACTOR APPLICANT AND, IF APPLICABLE, SATISFACTORY EVIDENCE
THAT THE APPLICANTS HAVE OR WILL SECURE COMPENSATION AND BENEFITS PURSU-
ANT TO THE WORKERS' COMPENSATION LAW.
  (D) EVIDENCE THAT THE APPLICANT IS  OR  WILL  BE  COVERED  BY  GENERAL
LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE.
  (E) RECORD OF CRIMINAL CONVICTIONS, IF ANY.
  (F) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.

A. 8359                             6

  3. UPON APPROVAL OF AN APPLICATION BY THE DEPARTMENT, THE COMMISSIONER
SHALL  ISSUE  A  LICENSE. SUCH LICENSE SHALL BE VALID FOR TWO YEARS. THE
FEES FOR SUCH LICENSE AND RENEWAL THEREOF SHALL BE SET  BY  THE  COMMIS-
SIONER.
  4.  WHERE  ANY MATERIAL ALTERATION, AS DEFINED IN SECTION NINE HUNDRED
TWENTY-SEVEN OF THIS ARTICLE, IS  MADE,  THE  DEVICE  SHALL  CONFORM  TO
APPLICABLE  REQUIREMENTS IN THE APPLICABLE REFERENCED NATIONAL STANDARDS
FOR ALTERATION.
  5. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIED BY 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; THE LOCATION OF THE MACHINERY ROOM AND THE EQUIPMENT TO
BE  INSTALLED,  RELOCATED  OR  ALTERED;  AND  ALL  STRUCTURAL SUPPORTING
MEMBERS THEREOF, INCLUDING FOUNDATIONS, AND SHALL SPECIFY ALL  MATERIALS
TO  BE  EMPLOYED  AND ALL LOADS TO BE SUPPORTED AND CONVEYED. SUCH PLANS
AND SPECIFICATIONS SHALL BE  SUFFICIENTLY  COMPLETE  TO  ILLUSTRATE  ALL
DETAILS  OF  CONSTRUCTION  AND DESIGN. THE REQUIRED FEES SHALL ACCOMPANY
EACH PERMIT APPLICATION.
  6. UPON APPROVAL OF AN APPLICATION BY THE DEPARTMENT, THE COMMISSIONER
SHALL ISSUE A PERMIT. IF THE WORK  AUTHORIZED  BY  SUCH  PERMIT  IS  NOT
COMMENCED  WITHIN  SIX  MONTHS  OF  THE DATE OF ISSUANCE, OR WITHIN SUCH
SHORTER PERIOD OF TIME AS THE COMMISSIONER MAY SPECIFY AT THE  TIME  THE
PERMIT  IS  ISSUED, SUCH PERMIT SHALL EXPIRE. 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.   FOR GOOD  CAUSE  SHOWN,
THE COMMISSIONER MAY ALLOW EXTENSIONS OF THE FOREGOING PERIODS. THE FEES
FOR SUCH PERMITS AND SUCH EXTENSIONS SHALL BE SET BY THE COMMISSIONER.
  S  930.  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 LICENSE  MUST  DEMONSTRATE  ONE  OF  THE
FOLLOWING  QUALIFICATIONS:  (A)  AN ACCEPTABLE COMBINATION OF DOCUMENTED
EXPERIENCE AND EDUCATION CREDITS CONSISTING OF (I) NOT LESS  THAN  THREE
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 DEPARTMENT ON THE MOST RECENT NATIONAL, STATE, AND LOCAL CONVEYANCES
CODES AND STANDARDS; OR
  (B)  ACCEPTABLE  PROOF  THAT  HE  OR  SHE  HAS  WORKED   ON   ELEVATOR
CONSTRUCTION,  MAINTENANCE OR REPAIR WITHOUT DIRECT AND IMMEDIATE SUPER-
VISION IN THIS STATE FOR A PERIOD OF NOT LESS  THAN  THREE  YEARS  IMME-
DIATELY  PRIOR  TO THE EFFECTIVE DATE OF THIS ARTICLE PROVIDED THAT SUCH
APPLICANT PURSUANT TO THIS PARAGRAPH SHALL FILE SUCH APPLICATION  WITHIN
ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE; OR
  (C)  A VALID LICENSE FROM A STATE HAVING STANDARDS SUBSTANTIALLY EQUAL
TO THOSE OF THIS STATE MAY BE GRANTED A  LICENSE  UPON  APPLICATION  AND
WITHOUT EXAMINATION; OR
  (D)  A  CERTIFICATE  OF SUCCESSFUL COMPLETION AND SUCCESSFULLY PASSING
THE MECHANIC EXAMINATION OF A NATIONALLY RECOGNIZED TRAINING PROGRAM FOR
THE ELEVATOR INDUSTRY SUCH AS, BUT NOT LIMITED TO, THE NATIONAL ELEVATOR
INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT; OR
  (E) CERTIFICATE OF SUCCESSFUL COMPLETION OF AN APPRENTICESHIP  PROGRAM
FOR ELEVATOR MECHANICS, HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF
THIS  CHAPTER,  AND  REGISTERED  WITH  THE  BUREAU OF APPRENTICESHIP AND
TRAINING, U.S. DEPARTMENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL.

A. 8359                             7

  2. WHENEVER AN EMERGENCY EXISTS, WHICH IMPERILS THE HEALTH, SAFETY  OR
WELFARE  OF  AN  INDIVIDUAL  PLACING AN INDIVIDUAL IN IMMINENT DANGER OF
INJURY OR DEATH, A LICENSED ELEVATOR CONTRACTOR SHALL RESPOND AS  NECES-
SARY  TO  ASSURE THE SAFETY OF THE PUBLIC. WHEN SUCH AN EMERGENCY EXISTS
IN  THE  STATE  DUE  TO  A DISASTER, ACT OF GOD OR WORK STOPPAGE 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
LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
WORK  REQUIRING A LICENSE. THE COMMISSIONER SHALL ISSUE EMERGENCY ELEVA-
TOR MECHANIC LICENSES TO ADDRESS THE EMERGENCY THAT EXISTS. THE LICENSED
ELEVATOR CONTRACTOR SHALL FURNISH PROOF OF COMPETENCY AS THE COMMISSION-
ER MAY REQUIRE. EACH SUCH LICENSE SHALL RECITE THAT IT IS  VALID  FOR  A
PERIOD  OF  THIRTY  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 LICENSE ISSUED IN
THIS ARTICLE. THE COMMISSIONER SHALL RENEW AN EMERGENCY ELEVATOR MECHAN-
IC LICENSE DURING THE EXISTENCE OF AN EMERGENCY AS NEEDED. NO FEE  SHALL
BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC LICENSE OR RENEWAL THERE-
OF.
  3.  A  LICENSED ELEVATOR CONTRACTOR SHALL NOTIFY THE COMMISSIONER WHEN
THERE ARE NO LICENSED PERSONNEL AVAILABLE TO PERFORM ELEVATOR WORK.  THE
LICENSED  ELEVATOR  CONTRACTOR  MAY  REQUEST THAT THE COMMISSIONER ISSUE
TEMPORARY  ELEVATOR  MECHANIC  LICENSES  TO  PERSONS  CERTIFIED  BY  THE
LICENSED  ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF DOCU-
MENTED EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITHOUT  DIRECT
AND  IMMEDIATE  SUPERVISION. ANY PERSON CERTIFIED BY A LICENSED ELEVATOR
CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION  OF  DOCUMENTED  EXPERIENCE
AND  EDUCATION  TO  PERFORM  ELEVATOR  WORK WITHOUT DIRECT AND IMMEDIATE
SUPERVISION SHALL IMMEDIATELY SEEK A TEMPORARY ELEVATOR MECHANIC LICENSE
FROM THE COMMISSIONER AND SHALL PAY SUCH FEES AS THE BOARD SHALL  DETER-
MINE.  EACH  SUCH  LICENSE SHALL RECITE THAT IT IS VALID FOR A PERIOD OF
THIRTY DAYS FROM THE DATE OF ISSUANCE AND WHILE EMPLOYED BY THE LICENSED
ELEVATOR CONTRACTOR THAT CERTIFIED THE INDIVIDUAL AS QUALIFIED. IT SHALL
BE RENEWABLE AS LONG AS THE SHORTAGE OF LICENSE HOLDERS SHALL CONTINUE.
  4. 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  TWEN-
TY-SEVEN OF THIS ARTICLE AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE
REQUIREMENTS  SET FORTH IN SUBDIVISION TWO OF SECTION NINE HUNDRED TWEN-
TY-NINE OF THIS ARTICLE.
  5. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE WHO  HOLD  A  VALID
LICENSE  FROM A   STATE HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF
THIS STATE MAY BE GRANTED AN ELEVATOR CONTRACTOR'S LICENSE UPON PROOF OF
COMPLIANCE WITH THE INSURANCE REQUIREMENTS SET FORTH IN PARAGRAPH (D) OF
SUBDIVISION TWO OF SECTION NINE HUNDRED TWENTY-NINE OF THIS ARTICLE.
  6. ANY APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE
TO THE SATISFACTION OF THE COMMISSIONER THAT  SUCH  APPLICANT  MEETS  OR
EXCEEDS  THE  CURRENT  NATIONAL STANDARDS FOR ELEVATOR INSPECTORS AS SET
FORTH IN ASME  QEI-1,  STANDARDS  FOR  THE  QUALIFICATIONS  OF  ELEVATOR
INSPECTORS.  PRIVATE  ELEVATOR INSPECTORS SHALL MAINTAIN THE SAME INSUR-
ANCE REQUIREMENTS AS AN ELEVATOR CONTRACTOR.

A. 8359                             8

  7. (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 AND  COMPLETED  WITHIN
ONE YEAR IMMEDIATELY PRECEDING ANY SUCH LICENSE RENEWAL. THE COMMISSION-
ER  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.
  (C)  THE  STATE COMPTROLLER SHALL ESTABLISH WITHIN THE SPECIAL REVENUE
FUND-OTHER AN ELEVATOR AND RELATED CONVEYANCES SAFETY  PROGRAM  ACCOUNT.
ALL  FEES  ASSESSED  AND  COLLECTED  PURSUANT  TO THE PROVISIONS OF THIS
SECTION SHALL BE PAID  AND  DEPOSITED  INTO  THE  ELEVATOR  AND  RELATED
CONVEYANCES SAFETY PROGRAM ACCOUNT ESTABLISHED BY THIS PARAGRAPH FOR THE
PURPOSES  OF  OFFSETTING  THE COSTS INCURRED BY THE COMMISSIONER FOR THE
ADMINISTRATION OF ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAMS.
  8. 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  PROVISIONS  OF THE REGULATIONS OF THE
ELEVATOR SAFETY AND STANDARDS BOARD. SUCH COURSE SHALL  CONSIST  OF  NOT
LESS  THAN  EIGHT  HOURS  OF  INSTRUCTION  THAT  SHALL  BE  ATTENDED AND
COMPLETED  WITHIN  ONE  YEAR  IMMEDIATELY  PRECEDING  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 ELEVATOR SAFETY AND
STANDARDS BOARD SHALL APPROVE THE CONTINUING  EDUCATION  PROVIDERS.  ALL
INSTRUCTORS  SHALL BE APPROVED BY THE BOARD AND EXEMPT FROM THE REQUIRE-
MENTS 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 TEN YEARS, OF ATTENDANCE OF LICENSEES FOLLOWING A FORMAT APPROVED  BY
THE  BOARD  AND  SUCH  RECORDS SHALL BE AVAILABLE FOR INSPECTION BY SAID
BOARD AT ITS 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.
  S 931. REGULATIONS. 1. THE COMMISSIONER SHALL  PROMULGATE  SUCH  RULES
AND REGULATIONS AS THE COMMISSIONER DEEMS NECESSARY AND PROPER TO EFFEC-

A. 8359                             9

TUATE  THE  PURPOSES AND PROVISIONS OF THIS ARTICLE AND COMPLY WITH AT A
MINIMUM, THE REQUIREMENTS OF THE CODE; THE SAFETY CODE FOR ELEVATORS AND
ESCALATORS, ASME A17.1; THE SAFETY  STANDARDS  FOR  PLATFORM  LIFTS  AND
STAIRWAY  CHAIRLIFTS,  ASME  A18.1;  STANDARD  FOR  THE QUALIFICATION OF
ELEVATOR INSPECTORS, ASME QEI-1; AND AUTOMATED  PEOPLE  MOVER  STANDARDS
ASCE 21.
  2.  WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE OWNER
OR LESSEE OF EVERY EXISTING CONVEYANCE SHALL REGISTER WITH  THE  COMMIS-
SIONER,  EACH  SUCH ELEVATOR, DUMBWAITER, PLATFORM LIFT AND ESCALATOR OR
DEVICE DESCRIBE IN TWENTY-SIX, OWNED AND OPERATED BY  THEM,  GIVING  THE
TYPE,  RATED  LOAD  AND  SPEED,  NAME  OF MANUFACTURER, LOCATION AND THE
PURPOSE FOR WHICH IT IS USED AND  SUCH  ADDITIONAL  INFORMATION  AS  THE
COMMISSIONER  MAY REQUIRE.   CONVEYANCES ON WHICH CONSTRUCTION HAS BEGUN
SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, SHALL BE REGISTERED AT
THE TIME THEY ARE COMPLETED AND PLACED IN SERVICE.
  3. IT SHALL BE THE RESPONSIBILITY OF LICENSEES TO ENSURE THAT  INSTAL-
LATION, SERVICE OR MAINTENANCE OF CONVEYANCES IS PERFORMED IN COMPLIANCE
WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
  4.  THIS  ARTICLE  SHALL  NOT  BE  CONSTRUED  TO RELIEVE OR LESSEN THE
RESPONSIBILITY OR LIABILITY OF ANY OWNER OR ELEVATOR CONTRACTOR  OWNING,
OPERATING, CONTROLLING, MAINTAINING, ERECTING, CONSTRUCTING, INSTALLING,
ALTERING, INSPECTING, TESTING OR REPAIRING ANY ELEVATOR OR OTHER RELATED
MECHANISMS  COVERED  BY  THIS  ARTICLE FOR DAMAGES TO PERSON OR PROPERTY
CAUSED BY ANY DEFECT THEREIN, NOR DOES THE STATE ASSUME ANY SUCH LIABIL-
ITY OR RESPONSIBILITY THEREFOR, OR  ANY  LIABILITY  TO  ANY  PERSON,  BY
REASON  OF THE ENACTMENT OF THIS ARTICLE, OR ANY ACTS OR OMISSIONS ARIS-
ING UNDER THIS ARTICLE.
  S 932. INVESTIGATIONS AND COMPLAINTS; INJUNCTION.  1.  NOTWITHSTANDING
ANY  OTHER  PROVISION  OF  THIS ARTICLE, 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.
  2.  ANY  PERSON  OR  ENTITY  MAY MAKE A COMPLAINT REGARDING AN ALLEGED
VIOLATION OR DANGER PURSUANT TO THIS ARTICLE BY GIVING WRITTEN NOTICE TO
THE COMMISSIONER. SUCH NOTICE SHALL STATE WITH REASONABLE  PARTICULARITY
THE  GROUNDS FOR THE NOTICE AND SHALL BE SIGNED BY THE PERSON MAKING THE
REQUEST. SUCH PERSON'S NAME SHALL NOT APPEAR ON ANY COPY OF SUCH  NOTICE
OR ANY RECORD PUBLISHED, RELEASED, OR MADE AVAILABLE.
  3.  IF,  UPON  RECEIPT OF A NOTICE OF VIOLATION OR DANGER, THE COMMIS-
SIONER DETERMINES THAT THERE IS REASONABLE GROUNDS TO BELIEVE THAT  SUCH
VIOLATION  OR  DANGER EXISTS, THE COMMISSIONER SHALL CAUSE TO BE MADE AN
INVESTIGATION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AS  SOON
AS  PRACTICABLE  TO DETERMINE IF SUCH VIOLATION OR DANGER EXISTS. IF THE
COMMISSIONER DETERMINES THAT THERE ARE NO REASONABLE GROUNDS TO  BELIEVE
THAT  SUCH VIOLATION OR DANGER EXISTS, THE COMMISSIONER SHALL INFORM THE
COMPLAINING PERSON OR ENTITY.
  4. IF, UPON  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT  SUCH
VIOLATION  OR  DANGER EXISTS, THE COMMISSIONER MAY DELIVER TO SUCH OWNER
OR ELEVATOR CONTRACTOR OR ITS AGENT OR REPRESENTATIVE A  WRITTEN  NOTICE
TO  CURE  OR  NOTICE  ENJOINING  ANY  FURTHER WORK ON SUCH INSTALLATION,
REPAIR OR MAINTENANCE PROJECT. SUCH NOTICE SHALL SPECIFICALLY  ENUMERATE
THE  DANGERS  OR VIOLATIONS OF REGULATIONS WHICH ARE OCCURRING AND SHALL
PROHIBIT ANY FURTHER OPERATION OF THE CONVEYANCE OR WORK ON SUCH  ELEVA-
TOR  INSTALLATION,  MAINTENANCE  OR REPAIR PROJECT UNTIL SUCH VIOLATIONS
CEASE AND THE NOTICE RESCINDED BY THE COMMISSIONER.

A. 8359                            10

  5. UPON RECEIPT OF A WRITTEN NOTICE FROM THE ELEVATOR  CONTRACTOR,  OR
ITS  AGENT  OR REPRESENTATIVE, THAT SUCH VIOLATIONS OR DANGERS HAVE BEEN
CORRECTED, THE COMMISSIONER SHALL, WITHIN TEN  DAYS,  ISSUE  A  DETERMI-
NATION  AS  TO  WHETHER SUCH NOTICE TO CURE OR NOTICE TO ENJOIN SHALL BE
RESCINDED.  ANY  ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY A
NOTICE OR DETERMINATION ISSUED UNDER  THIS  SECTION  MAY  CHALLENGE  THE
VALIDITY  OR APPLICABILITY OF SUCH NOTICE OR DETERMINATION BY COMMENCING
A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
  S 933. CIVIL PENALTIES; SUSPENSION AND REVOCATION OF  LICENSES.  1.  A
LICENSE  ISSUED PURSUANT TO THIS ARTICLE MAY BE SUSPENDED OR REVOKED AND
A LICENSEE MAY BE SUBJECTED TO A CIVIL PENALTY BY THE COMMISSIONER  UPON
DETERMINATION THAT ANY ONE OR MORE OF THE FOLLOWING CAUSES EXISTS:
  (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION.
  (B) FRAUD, MISREPRESENTATION, OR BRIBERY 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) VIOLATION OF ANY PROVISION OF THIS ARTICLE.
  2. A PERMIT ISSUED PURSUANT TO THIS ARTICLE  MAY  BE  REVOKED  BY  THE
COMMISSIONER  UPON  DETERMINATION THAT ANY ONE OR MORE OF  THE FOLLOWING
CAUSES EXISTS:
  (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 A STOP WORK ORDER.
  3. (A) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY UPON  AN  OWNER  OR
ELEVATOR  CONTRACTOR  OF UP TO ONE THOUSAND FIVE HUNDRED DOLLARS FOR THE
INITIAL VIOLATION OF SECTION NINE HUNDRED TWENTY-EIGHT OF  THIS  ARTICLE
AND UP TO TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE SECOND OR SUBSEQUENT
VIOLATION OF SUCH SECTION.
  (B)  IF, AFTER AN INVESTIGATION AND A FORMAL HEARING, THE COMMISSIONER
FINDS THAT AN OWNER OR ELEVATOR CONTRACTOR HAS VIOLATED ANY PROVISION OF
THIS ARTICLE, OTHER THAN SECTION NINE HUNDRED TWENTY-EIGHT, OR ANY  RULE
OR  REGULATION  PROMULGATED  PURSUANT  TO THIS ARTICLE, THE COMMISSIONER
SHALL, BY AN ORDER WHICH SHALL DESCRIBE IN  DETAIL  THE  NATURE  OF  THE
VIOLATION  OR  VIOLATIONS,  IMPOSE ON SUCH CONTRACTOR A CIVIL PENALTY OF
NOT MORE THAN THE GREATER OF TWENTY-FIVE PERCENT OF THE  MONETARY  VALUE
OF  THE  CONTRACT UPON WHICH THE VIOLATION WAS FOUND TO HAVE OCCURRED OR
FIVE THOUSAND DOLLARS PER VIOLATION. THE COMMISSIONER  SHALL  IMPOSE  ON
ANY  CONTRACTOR  WHO,  HAVING  PREVIOUSLY  BEEN ASSESSED A CIVIL PENALTY
UNDER THIS SECTION, VIOLATES ANY PROVISION OF THIS ARTICLE  OR ANY  RULE
OR  REGULATION  PROMULGATED  PURSUANT TO THIS ARTICLE A CIVIL PENALTY OF
NOT MORE THAN THE GREATER OF FIFTY PERCENT OF TH MONETARY VALUE  OF  THE
CONTRACT  UPON WHICH THE VIOLATION WAS FOUND TO HAVE OCCURRED OR TWENTY-
FIVE THOUSAND DOLLARS PER VIOLATION. EACH DAY A VIOLATION CONTINUES  MAY
BE  CONSIDERED A SEPARATE VIOLATION UNDER THIS SECTION. IN ASSESSING THE
AMOUNT OF PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO  THE
SIZE OF THE CONTRACTOR'S BUSINESS, THE GOOD FAITH OF THE CONTRACTOR, THE
GRAVITY  OF  THE  VIOLATION,  AND  THE  CONTRACTOR'S HISTORY OF PREVIOUS
VIOLATIONS.

A. 8359                            11

  4. IF, AFTER AN INVESTIGATION AND A FORMAL HEARING,  THE  COMMISSIONER
FINDS  THAT  A  CONTRACTOR HAS VIOLATED ANY PROVISION OF THIS ARTICLE OR
ANY RULE OR REGULATION PROMULGATED HEREUNDER WITHIN THREE YEARS  OF  THE
LAST  ASSESSMENT  OF  A  CIVIL PENALTY AGAINST THE CONTRACTOR UNDER THIS
ARTICLE, OR HAS BEEN FOUND TO HAVE COMMITTED SERIOUS VIOLATIONS OF OTHER
STATE,  FEDERAL  OR  LOCAL LAWS WITH REGARD TO THE ELEVATOR CONTRACTOR'S
PROJECT OR HAS OTHERWISE DEMONSTRATED A LACK OF  RESPONSIBILITY  IN  THE
CONDUCT  OF  ANY JOB OF SUCH SERIOUSNESS AS TO WARRANT THE REVOCATION OF
THE CONTRACTOR'S LICENSE,  THE  COMMISSIONER  MAY,  BY  AN  ORDER  WHICH
DESCRIBES  IN  DETAIL  THE NATURE OF THE VIOLATION OR VIOLATIONS, REVOKE
THE CONTRACTOR'S LICENSE, WHEREUPON SUCH CONTRACTOR SHALL NOT BE  ELIGI-
BLE TO APPLY FOR A NEW LICENSE FOR A PERIOD OF UP TO TWO YEARS.
  5.  IF,  AFTER AN INVESTIGATION AND A FORMAL HEARING, THE COMMISSIONER
FINDS THAT A PERSON OR CONTRACTOR WHO HAS BEEN ISSUED A PERMIT HAS WILL-
FULLY VIOLATED ANY PROVISION OF THIS ARTICLE, OR ANY RULE OR  REGULATION
PROMULGATED  PURSUANT  TO  THIS  ARTICLE, THE COMMISSIONER MAY, BY ORDER
WHICH DESCRIBES IN DETAIL THE NATURE OF  THE  VIOLATION  OR  VIOLATIONS,
SUSPEND OR REVOKE THE PERMIT OF SUCH PERSON OR CONTRACTOR.
  6.  ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN ORDER
ISSUED UNDER THIS SECTION MAY CHALLENGE THE VALIDITY OR APPLICABILITY OF
SUCH ORDER BY COMMENCING A PROCEEDING PURSUANT TO ARTICLE  SEVENTY-EIGHT
OF  THE CIVIL PRACTICE LAW AND RULES. THE COMMISSIONER MAY FILE WITH THE
COUNTY CLERK OF THE COUNTY WHERE THE  PERSON,  EMPLOYER,  OR  CONTRACTOR
RESIDES  OR  HAS A PLACE OF BUSINESS, THE ORDER CONTAINING THE AMOUNT OF
CIVIL PENALTY, UNLESS A PROCEEDING FOR JUDICIAL REVIEW  AS  PROVIDED  IN
THIS  ARTICLE  SHALL  THEN BE PENDING OR THE TIME FOR INITIATION OF SUCH
PROCEEDING HAS NOT EXPIRED. THE FILING OF SUCH ORDER OR  DECISION  SHALL
HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE
OF  SUCH CLERK. THE ORDER OR DECISION MAY BE ENFORCED BY AND IN THE NAME
OF THE COMMISSIONER IN THE SAME MANNER, AND WITH LIKE  EFFECT,  AS  THAT
PRESCRIBED  BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A
MONEY JUDGMENT.
  S 934. ENFORCEMENT. 1. NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  TO
PREVENT CITIES FROM ENACTING LOCAL LAWS OR ORDINANCES WHICH IMPOSE STAN-
DARDS OR REQUIREMENTS RELATING TO CONVEYANCE SAFETY THAT ARE MORE STRIN-
GENT  THAN  THOSE SET FORTH IN THIS ARTICLE OR IN ANY RULE OR REGULATION
PROMULGATED PURSUANT TO THIS ARTICLE.
  2. THE COMMISSIONER SHALL ENFORCE THE PROVISIONS OF THIS  ARTICLE  AND
THE   RULES  AND  REGULATIONS  PROMULGATED  PURSUANT  TO  THIS  ARTICLE;
PROVIDED, HOWEVER, THAT THE PROVISIONS OF  THIS  SECTION,  AND  SECTIONS
NINE  HUNDRED  THIRTY-ONE  AND  NINE HUNDRED THIRTY-TWO OF THIS ARTICLE,
SHALL NOT BE ENFORCED WITH REFERENCE TO ENTITIES OR CONTRACTORS PERFORM-
ING WORK IN A CITY WHICH FILES WITH THE COMMISSIONER  A  DULY  CERTIFIED
COPY  OF  A  LOCAL  LAW  OR  ORDINANCE  ASSUMING FULL RESPONSIBILITY FOR
ENFORCING THE PROVISIONS OF THIS ARTICLE AND THE RULES  AND  REGULATIONS
PROMULGATED  PURSUANT  TO  THIS  ARTICLE.  SUCH  CITY SHALL HAVE ALL THE
POWERS OF THE COMMISSIONER IN ENFORCING THE PROVISIONS OF  THIS  ARTICLE
AND  THE  RULES  AND  REGULATIONS  PROMULGATED PURSUANT TO THIS ARTICLE,
INCLUDING BUT NOT LIMITED TO, THE COLLECTION AND RETENTION  OF  MONETARY
PENALTIES.
  3. EACH CITY WHICH ELECTS SUCH LOCAL ENFORCEMENT OPTION SHALL SUBMIT A
REPORT  TO  THE COMMISSIONER ANNUALLY ON OR BEFORE THE FIRST DAY OF JUNE
IN THE MANNER IN WHICH  THIS  ARTICLE  AND  THE  RULES  AND  REGULATIONS
PROMULGATED  PURSUANT  TO  THIS ARTICLE HAVE BEEN AND ARE BEING ADMINIS-
TERED AND THE RESULTS OF SUCH ADMINISTRATION UNDER THE  JURISDICTION  OF

A. 8359                            12

SUCH  CITY  AND  SHALL FROM TIME TO TIME SUBMIT TO THE COMMISSIONER SUCH
OTHER REPORTS AS TO SUCH OTHER MATTERS AS THE COMMISSIONER MAY REQUIRE.
  4.  A  CITY  MAY FILE WITH THE COMMISSIONER A DULY CERTIFIED COPY OF A
LOCAL LAW OR ORDINANCE  TERMINATING  ITS  ENFORCEMENT  RESPONSIBILITIES,
WHICH SHALL BE EFFECTIVE THIRTY DAYS FROM THE FILING THEREOF.
  S  935.  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 APPOINT THREE MEMBERS EACH. THE  BOARD
SHALL  MEET  ON A QUARTERLY BASIS TO ADVISE THE COMMISSIONER OF LABOR ON
THE IMPLEMENTATION OF THIS ARTICLE. THE CHAIRPERSON OF THE  BOARD  SHALL
BE  DESIGNATED  BY  THE  GOVERNOR  FROM AMONG THE PERSONS APPOINTED. THE
MEMBERS SHALL BE REPRESENTATIVE OF A MAJOR ELEVATOR MANUFACTURING COMPA-
NY, AN ELEVATOR SERVICING COMPANY, AN ELEVATOR ARCHITECTURAL DESIGNER OR
CONSULTANT, THE GENERAL PUBLIC, A BUILDING OWNER OR MANAGER, AN ELEVATOR
CONTRACTOR EMPLOYEE LABOR UNION REPRESENTATIVE, AND A FIRE MARSHAL.  THE
COMMISSIONERS  OF  HEALTH, LABOR, EDUCATION, AND ECONOMIC DEVELOPMENT OR
THEIR DESIGNEES SHALL BE EX-OFFICIO MEMBERS. 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 DEVEL-
OPMENT, 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. THE BOARD MAY BE AUTHORIZED BY THE COMMISSIONER TO
RECOMMEND DRAFT LEGISLATION AND AMENDMENTS TO THE LEGISLATURE.
  4.  THE  BOARD  SHALL  ASSIST  THE  COMMISSIONER AND THE DEPARTMENT IN
ESTABLISHING THE STATE REGULATIONS FOR EQUIPMENT COVERED BY  THIS  ARTI-
CLE. SUCH REGULATIONS SHALL CONFORM WITH THE MINIMUM REQUIREMENTS OF THE
CODE,  THE  SAFETY  CODE  FOR  ELEVATORS AND ESCALATORS, ASME A17.1; THE
SAFETY CODE FOR EXISTING ELEVATORS AND ESCALATORS, ASME A17.3; THE SAFE-
TY STANDARDS FOR PLATFORM LIFTS AND  STAIRWAY  CHAIRLIFTS,  ASME  A18.1;
STANDARD  FOR  THE QUALIFICATION OF ELEVATOR INSPECTORS, ASME QEI-1; AND
AUTOMATED PEOPLE MOVER STANDARDS, ASCE 21. THE  BOARD  SHALL  ADOPT  THE
LATEST  EDITIONS  OF  SUCH NATIONAL STANDARDS WITHIN SIX MONTHS OF THEIR
EFFECTIVE DATE. ANY MODIFICATIONS TO  SUCH  NATIONAL  STANDARDS,  DEEMED
NECESSARY BY THE BOARD, MUST BE JUSTIFIED IN WRITING.
  5.  THE  BOARD  SHALL DEVELOP AN ENFORCEMENT PROGRAM WHICH WILL ENSURE
COMPLIANCE WITH THE REGULATIONS  AND  REQUIREMENTS  PROMULGATED  BY  THE
COMMISSIONER  PURSUANT  TO  THIS ARTICLE. SUCH ENFORCEMENT PROGRAM SHALL
INCLUDE THE DEVELOPMENT OF POLICIES FOR:
  (A) IDENTIFYING PROPERTY LOCATIONS THAT ARE SUBJECT TO THE ENFORCEMENT
PROGRAM;

A. 8359                            13

  (B) ISSUING NOTIFICATIONS TO VIOLATING PROPERTY OWNERS AND  OPERATORS,
RANDOM ON-SITE INSPECTIONS, AND TESTS ON EXISTING INSTALLATIONS;
  (C)  OBSERVING INSPECTIONS AND TESTING IN ORDER TO ENSURE SATISFACTORY
PERFORMANCE BY LICENSED ELEVATOR MECHANICS, INSPECTORS, AND CONTRACTORS;
AND
  (D) ASSISTING IN DEVELOPMENT OF PUBLIC AWARENESS PROGRAMS.
  6. THE BOARD SHALL ASSIST THE COMMISSIONER IN GRANTING EXCEPTIONS  AND
VARIANCES FROM THE LITERAL REQUIREMENTS OF THE APPLICABLE CODE AND STAN-
DARDS, REGULATIONS, AND LOCAL LEGISLATION, IN CASES WHERE SUCH VARIANCES
WOULD NOT JEOPARDIZE THE PUBLIC SAFETY AND WELFARE. THE BOARD SHALL HEAR
ALL APPEALS AND VARIANCES.
  7.  THE  BOARD  SHALL ASSIST THE COMMISSIONER IN SETTING FEE SCHEDULES
FOR LICENSES, PERMITS, AND INSPECTIONS. THE FEES SHALL REFLECT THE ACTU-
AL COSTS AND EXPENSES TO CONDUCT THE DUTIES AS DESCRIBED IN  THIS  ARTI-
CLE.
  8.  THE  BOARD  SHALL  ASSIST  THE  COMMISSIONER IN ANY AND ALL THINGS
NECESSARY OR CONVENIENT TO THE COMMISSIONER'S  DUTY  TO  CARRY  OUT  THE
PURPOSE  OF  THIS  ARTICLE  AND EXERCISE THE POWERS GIVEN AND GRANTED IN
THIS TITLE.
  S 2. 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 board, are authorized and directed to  be  estab-
lished, made and completed on or before such effective date.

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

                                 8359--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2011
                               ___________

Introduced  by  M.  of  A.  WRIGHT,  RABBITT, P. RIVERA, HEVESI, COLTON,
  GALEF, BENEDETTO, GUNTHER, M. MILLER, MARKEY, ORTIZ, MOYA,  GABRYSZAK,
  MAISEL,  STEVENSON,  ROSENTHAL,  SCARBOROUGH, NOLAN, V. LOPEZ, CASTRO,
  WEPRIN, TITONE, SIMOTAS,  QUART,  ENGLEBRIGHT,  DenDEKKER,  GOLDFEDER,
  BOYLAND,  ABINANTI,  N. RIVERA,  CRESPO,  LINARES, KAVANAGH, JEFFRIES,
  LAVINE,  JAFFEE,  BRINDISI,  KELLNER,  AUBRY,  CAMARA,  MAGNARELLI  --
  Multi-Sponsored  by  -- M.   of A. ARROYO, BRAUNSTEIN, CALHOUN, CLARK,
  COOK, CROUCH, CURRAN,  CUSICK,  DINOWITZ,  ESPINAL,  FARRELL,  GIGLIO,
  GLICK,  GOODELL,  GOTTFRIED,  GRAF,  HOOPER,  JACOBS,  KATZ,  LATIMER,
  LENTOL, LOSQUADRO, LUPARDO, MAGEE,  MALLIOTAKIS,  McDONOUGH,  McENENY,
  McKEVITT, MENG, J. MILLER, MILLMAN, MONTESANO, MURRAY, PEOPLES-STOKES,
  PERRY,   PRETLOW,  RA,  RAIA,  RAMOS,  REILLY,  J. RIVERA,  RODRIGUEZ,
  RUSSELL, RYAN, SALADINO, SCHIMEL, SIMANOWITZ, SWEENEY, TENNEY, THIELE,
  WEISENBERG -- read once and referred to  the  Committee  on  Labor  --
  recommitted to the Committee on Labor in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor 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 32 to read
as follows:
                               ARTICLE 32
   ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES: LICENSING
SECTION 925. LEGISLATIVE FINDINGS AND DECLARATION.
        926. APPLICATION.
        927. DEFINITIONS.
        928. LICENSING AND PERMIT REQUIREMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10727-06-2

A. 8359--A                          2

        929. LICENSE AND PERMIT PROCEDURE.
        930. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
        931. REGULATIONS.
        932. INVESTIGATIONS AND COMPLAINTS; INJUNCTION.
        933. CIVIL PENALTIES; SUSPENSION AND REVOCATION OF LICENSES.
        934. ENFORCEMENT.
        935. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
  S  925.  LEGISLATIVE  FINDINGS AND DECLARATION. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT THE USE OF UNSAFE AND  DEFECTIVE  ELEVATORS  AND
OTHER  AUTOMATED  PEOPLE  MOVING  CONVEYANCES  EXPOSE  EMPLOYEES AND THE
PUBLIC TO UNSAFE CONDITIONS AND IMPOSE SUBSTANTIAL PROBABILITY OF  SERI-
OUS  INJURY.  THE  LEGISLATURE  FINDS  THAT  THE IMPROPER AND UNINFORMED
MANNER IN WHICH SOME CONTRACTORS AND THEIR EMPLOYEES DESIGN,  CONSTRUCT,
INSPECT, MAINTAIN, ALTER AND REPAIR SUCH CONVEYANCES CREATES AN UNNECES-
SARY AND PREVENTABLE HEALTH AND SAFETY RISK TO EMPLOYEES AND THE PUBLIC.
THE PROTECTION OF EMPLOYEES AND THE PUBLIC, AS WELL AS THE PREVENTION OF
SUCH  INJURY,  IS IN THE BEST INTEREST OF THE PEOPLE OF THE STATE OF NEW
YORK.
  THE LEGISLATURE FINDS AND DECLARES IT TO BE ITS PURPOSE AND POLICY  TO
REDUCE  SUCH HAZARDS BY REQUIRING PROPER TRAINING OF PERSONS EMPLOYED TO
DESIGN, CONSTRUCT, INSPECT, MAINTAIN, ALTER  AND  REPAIR  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 SHALL CREATE, EXPAND, DIMINISH, LIMIT, IMPAIR
OR SUPERSEDE ANY JURISDICTION OVER WORK PARAMETERS A BUILDING TRADE  MAY
HAVE  UNDER  LAW,  REGULATIONS,  CONTRACT, PAST PRACTICE, PRIOR DETERMI-
NATIONS OF ANY COURTS, NATIONAL LABOR RELATIONS  BOARD,  ARBITRATION  OR
OTHERWISE.  NOTHING  HEREIN  SHALL BE USED, CONSTRUED OR INTERPRETED FOR
THE PURPOSES OF RESOLVING OR  SETTLING  A  WORK  JURISDICTIONAL  DISPUTE
BETWEEN OR AMONG THE VARIOUS CONSTRUCTION TRADES.
  S  926. APPLICATION. 1. THE DESIGN, CONSTRUCTION, INSPECTION, TESTING,
MAINTENANCE, ALTERATION, 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, STAIRWAY CHAIR LIFTS, AND
PERSONNEL HOISTS WITHIN THE SCOPE OF ANSI A10.4.
  (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 ASME A17.1.
  (D)  AUTOMATIC  GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH AN EXCLUSIVE
RIGHT OF WAY. THIS EQUIPMENTS INCLUDES, BUT IS NOT LIMITED TO, AUTOMATED
PEOPLE MOVERS.
  2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
  (A) MATERIAL HOISTS WITHIN THE SCOPE OF ANSI A10.5;
  (B) MANLIFTS WITHIN THE SCOPE OF ASME A90.1;
  (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS WITHIN THE SCOPE  OF  ANSI
A92;
  (D)  POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR MAINTE-
NANCE WITHIN THE SCOPE OF ANSI 120.1;

A. 8359--A                          3

  (E) CONVEYOR AND RELATED EQUIPMENT WITHIN THE SCOPE OF ASME B20.1;
  (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS WITHIN THE SCOPE
OF ASME B30;
  (G) INDUSTRIAL TRUCKS WITHIN THE SCOPE OF ASME B56;
  (H)  PORTABLE  EQUIPMENT,  EXCEPT  FOR  PORTABLE  ESCALATORS WHICH ARE
COVERED BY ANSI A17.1;
  (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; AND
  (N) LINE JACKS, FALSE CARS, SHAFTERS,  MOVING  PLATFORMS  AND  SIMILAR
EQUIPMENT  USED  FOR  INSTALLING AN ELEVATOR BY A CONTRACTOR LICENSED IN
THIS STATE.
  S 927. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
  1. "ASCE 21" MEANS THE AMERICAN SOCIETY OF CIVIL  ENGINEERS  AUTOMATED
PEOPLE MOVER STANDARDS.
  2. "ASME A17.1" MEANS THE SAFETY CODE FOR ELEVATORS AND ESCALATORS, AN
AMERICAN NATIONAL STANDARD.
  3. "ASME A17.3" MEANS THE SAFETY CODE FOR EXISTING ELEVATORS AND ESCA-
LATORS, AN AMERICAN NATIONAL STANDARD.
  4.  "ASME  A18.1"  MEANS  THE  SAFETY  STANDARD FOR PLATFORM LIFTS AND
STAIRWAY CHAIRLIFTS, AN AMERICAN NATIONAL STANDARD.
  5. "NFPA" MEANS THE NATIONAL FIRE PROTECTION ASSOCIATION.
  6. "AUTOMATED PEOPLE MOVER" MEANS AN INSTALLATION DEFINED AS AN "AUTO-
MATED PEOPLE MOVER" IN ASCE 21.
  7. "BOARD" MEANS THE NEW YORK  STATE  ELEVATOR  SAFETY  AND  STANDARDS
BOARD ESTABLISHED BY SECTION NINE HUNDRED THIRTY-FIVE OF THIS ARTICLE.
  8.  "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.
  9. "CERTIFICATE OF OPERATION; TEMPORARY" 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.
  10. "CONVEYANCE" MEANS ANY  ELEVATOR,  DUMBWAITER,  ESCALATOR,  MOVING
SIDEWALK,  PLATFORM  LIFTS,  STAIRWAY  CHAIRLIFTS  AND  AUTOMATED PEOPLE
MOVERS.
  11. "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN INSTALLATION
PLACED OUT OF SERVICE AS SPECIFIED IN ASME A17.1 AND ASME 18.1.
  12. "ELEVATOR" MEANS AN INSTALLATION DEFINED AS AN "ELEVATOR" IN  ASME
A17.1.
  13.  "ELEVATOR  CONTRACTOR"  MEANS THE STATE, A PUBLIC CORPORATION, OR
ANY OTHER GOVERNMENTAL AGENCY OR  INSTRUMENTALITY  OF  THE  STATE  OR  A
PUBLIC  CORPORATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPORATED ASSO-
CIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY,  CORPORATION,  OR
ANY OTHER ENTITY, OR ANY OWNER OR OPERATOR OF ANY OF THE FOREGOING ENTI-
TIES,  WHO POSSESSES AN ELEVATOR CONTRACTOR'S LICENSE IN ACCORDANCE WITH
THE PROVISIONS OF SECTIONS NINE HUNDRED TWENTY-EIGHT  AND  NINE  HUNDRED
TWENTY-NINE  OF THIS ARTICLE AND IS ENGAGED IN THE BUSINESS OF ERECTING,
CONSTRUCTING, INSTALLING, ALTERING, SERVICING, REPAIRING, OR MAINTAINING

A. 8359--A                          4

ELEVATORS OR OTHER AUTOMATED PEOPLE MOVING CONVEYANCES COVERED  BY  THIS
ARTICLE.
  14.  "ELEVATOR  HELPER/APPRENTICE/ASSISTANT MECHANIC" MEANS ANY PERSON
WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
  15. "ELEVATOR INSPECTOR" MEANS ANY PERSON WHO  POSSESSES  AN  ELEVATOR
INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  16.  "ELEVATOR  MECHANIC"  MEANS  ANY PERSON WHO POSSESSES AN ELEVATOR
MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  17. "ESCALATOR" MEANS AN INSTALLATION DEFINED AS AN "ESCALATOR" IN THE
ASME A17.1.
  18. "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  DEFINED  AS  AN
"INSTALLATION, EXISTING" IN ASME A17.1.
  19.  "LICENSE" MEANS A WRITTEN LICENSE, DULY ISSUED BY THE COMMISSION-
ER,  AUTHORIZING  THE  ERECTING,  CONSTRUCTING,  INSTALLING,   ALTERING,
SERVICING, REPAIRING, OR MAINTAINING OR PERFORMING INSPECTIONS OF ELEVA-
TORS OR OTHER CONVEYANCES COVERED BY THIS ARTICLE.
  20.  "LICENSE,  ELEVATOR  CONTRACTOR'S" MEANS A LICENSE WHICH ENTITLES
THE HOLDER THEREOF TO ENGAGE IN THE BUSINESS OF ERECTING,  CONSTRUCTING,
INSTALLING,  ALTERING,  SERVICING,  REPAIRING OR MAINTAINING CONVEYANCES
COVERED BY THIS ARTICLE.
  21. "LICENSE, INSPECTOR'S" MEANS A LICENSE WHICH ENTITLES  THE  HOLDER
THEREOF  TO  ENGAGE IN THE BUSINESS OF INSPECTING CONVEYANCES COVERED BY
THIS ARTICLE.
  22. "LICENSE, LIMITED ELEVATOR CONTRACTOR'S"  MEANS  A  LICENSE  WHICH
AUTHORIZES AN ELEVATOR CONTRACTOR WHO EMPLOYES INDIVIDUALS TO CARRY ON A
BUSINESS  OF  ERECTING,  CONSTRUCTING,  INSTALLING, ALTERING, SERVICING,
REPAIRING OR MAINTAINING CONVEYANCES WITHIN ANY BUILDING  OR  STRUCTURE,
INCLUDING, BUT NOT LIMITED, TO PRIVATE RESIDENCES.
  23.  "LICENSE, ELEVATOR MECHANIC'S" 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.
  24. "MATERIAL ALTERATION" MEANS AN  "ALTERATION"  AS  DEFINED  IN  THE
REFERENCED NATIONAL STANDARDS.
  25.  "MOVING  WALK  (SIDEWALK)"  MEANS AN INSTALLATION AS DEFINED AS A
"MOVING WALK" IN THE ASME A17.1.
  26. "PERMIT" MEANS A DOCUMENT ISSUED  BY  THE  COMMISSIONER  OF  LABOR
PRIOR  TO THE COMMENCEMENT OF WORK THAT INDICATES THAT THE CONVEYANCE IS
IN THE PROCESS OF BEING  ERECTED,  CONSTRUCTED,  INSTALLED,  OR  ALTERED
UNDER DEPARTMENT APPROVED PLANS PURSUANT TO THIS ARTICLE.
  27. "PERSON" MEANS ANY NATURAL PERSON.
  28. "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.
  29. "REPAIR" MEANS A "REPAIR" AS DEFINED IN  THE  REFERENCED  NATIONAL
STANDARDS.
  30.  "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN
INSTALLATION WHOSE POWER SUPPLY HAS BEEN DISCONNECTED BY REMOVING  FUSES
AND  PLACING  A  PADLOCK  ON THE MAINLINE DISCONNECT SWITCH IN THE "OFF"
POSITION. THE CAR IS PARKED AND THE HOISTWAY DOORS ARE IN THE CLOSED AND
LATCHED POSITION. A WIRE SEAL SHALL BE INSTALLED ON THE MAINLINE DISCON-
NECT SWITCH BY A LICENSED ELEVATOR INSPECTOR.  THIS  INSTALLATION  SHALL
NOT  BE USED AGAIN UNTIL IT HAS BEEN PUT IN SAFE RUNNING ORDER AND IS IN
CONDITION FOR USE. ANNUAL INSPECTIONS SHALL CONTINUE FOR THE DURATION OF
THE TEMPORARILY DORMANT STATUS BY A LICENSED ELEVATOR INSPECTOR. "TEMPO-
RARILY DORMANT" STATUS SHALL BE RENEWABLE ON AN ANNUAL BASIS, AND  SHALL

A. 8359--A                          5

NOT  EXCEED  A  FIVE-YEAR PERIOD. THE INSPECTOR SHALL FILE A REPORT WITH
THE COMMISSIONER DESCRIBING THE CURRENT CONDITIONS. THE  WIRE  SEAL  AND
PADLOCK SHALL NOT BE REMOVED FOR ANY PURPOSE WITHOUT PERMISSION FROM THE
ELEVATOR INSPECTOR.
  S  928.  LICENSING  AND PERMIT REQUIREMENTS. 1. IT IS UNLAWFUL FOR ANY
ELEVATOR CONTRACTOR  TO  ERECT,  CONSTRUCT,  ALTER,  REPLACE,  MAINTAIN,
REMOVE  OR DISMANTLE ANY CONVEYANCE CONTAINED WITHIN BUILDINGS OR STRUC-
TURES IN THIS STATE UNLESS SUCH AN ELEVATOR CONTRACTOR HOLDS AN ELEVATOR
CONTRACTOR'S LICENSE.
  2. IT IS UNLAWFUL 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  SUPERVISION  OF  A LICENSED ELEVATOR CONTRACTOR PURSUANT TO THIS
ARTICLE. NO OTHER LICENSE SHALL BE REQUIRED FOR THIS WORK, EXCLUDING THE
INSTALLATION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM
AND PIT LIGHTING, RECEPTACLES AND HVAC AS DESCRIBED IN THE NFPA NATIONAL
ELECTRIC 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
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.  AN ELEVATOR CONTRACTOR'S LICENSE IS NOT REQUIRED FOR
THE REMOVAL OR DISMANTLING OF  CONVEYANCES  WHICH  ARE  DESTROYED  AS  A
RESULT  OF  A  COMPLETE DEMOLITION OF A SECURED BUILDING OR STRUCTURE OR
WHERE THE HOISTWAY OR WELLWAY IS DEMOLISHED BACK TO  THE  BASIC  SUPPORT
STRUCTURE  WHEREBY NO ACCESS IS PERMITTED THEREIN TO ENDANGER THE SAFETY
AND WELFARE OF A PERSON.
  3. IT IS UNLAWFUL FOR A PERSON TO INSPECT ANY CONVEYANCE WITHIN BUILD-
INGS OR STRUCTURES, INCLUDING BUT NOT  LIMITED  TO  PRIVATE  RESIDENCES,
UNLESS SUCH PERSON HOLDS AN ELEVATOR INSPECTOR'S LICENSE.
  4.  IT  IS  UNLAWFUL  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 REQUIRED PERMIT SHALL BE ISSUED EXCEPT TO A
LICENSED  ELEVATOR  CONTRACTOR  HOLDING  A CURRENT 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. ALL NEW CONVEYANCE INSTALLATIONS SHALL BE PERFORMED BY AN  ELEVATOR
CONTRACTOR  LICENSED TO INSTALL SUCH CONVEYANCE. SUBSEQUENT TO INSTALLA-
TION, THE ELEVATOR CONTRACTOR MUST CERTIFY COMPLIANCE WITH THE  APPLICA-
BLE  SECTIONS OF THIS ARTICLE. PRIOR TO SUCH CONVEYANCES BEING USED, THE
PROPERTY OWNER OR LESSEE MUST OBTAIN A CERTIFICATE OF OPERATION FROM THE
COMMISSION. A FEE, AS SET FORTH IN THIS ARTICLE, SHALL BE PAID FOR  SUCH
CERTIFICATE  OF  OPERATION.  IT  IS  THE  RESPONSIBILITY OF THE LICENSED
ELEVATOR CONTRACTOR TO COMPLETE AND SUBMIT REGISTRATIONS FOR NEW INSTAL-
LATIONS. 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 DISPLAYED ON OR IN  EACH  CONVEYANCE
OR IN THE MACHINE ROOM FOR USE FOR THE BENEFIT OF CODE ENFORCEMENT OFFI-
CERS.
  6. THE CERTIFICATE OF OPERATION FEE FOR NEWLY INSTALLED PLATFORM LIFTS
AND  STAIRWAY  CHAIRLIFTS  FOR  PRIVATE  RESIDENCES SHALL BE ISSUED ONLY

A. 8359--A                          6

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.  NO  PROVISIONS  OF  THIS  ARTICLE
SHALL APPLY TO PRIVATE RESIDENCE OWNERS OR LESSEES.
  S  929. LICENSE AND PERMIT PROCEDURE. 1. ALL APPLICATIONS FOR ELEVATOR
CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
REQUIRED PERMITS SHALL BE SUBMITTED IN WRITING ON FORMS FURNISHED BY THE
COMMISSIONER AND SHALL CONTAIN SUCH INFORMATION AS THE COMMISSIONER  MAY
REQUIRE.
  2. SUCH APPLICATIONS MUST INCLUDE THE FOLLOWING INFORMATION:
  (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT.
  (B)  THE  NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OF
INSTALLING, INSPECTING, REPAIRING, MAINTAINING, OR SERVICING CONVEYANCES
COVERED BY THIS ARTICLE.
  (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE  EMPLOYED  BY  AN
ELEVATOR  CONTRACTOR APPLICANT AND, IF APPLICABLE, SATISFACTORY EVIDENCE
THAT THE APPLICANTS HAVE OR WILL SECURE COMPENSATION AND BENEFITS PURSU-
ANT TO THE WORKERS' COMPENSATION LAW.
  (D) EVIDENCE THAT THE APPLICANT IS  OR  WILL  BE  COVERED  BY  GENERAL
LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE.
  (E) RECORD OF CRIMINAL CONVICTIONS, IF ANY.
  (F) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
  3. UPON APPROVAL OF AN APPLICATION BY THE DEPARTMENT, THE COMMISSIONER
SHALL  ISSUE  A  LICENSE. SUCH LICENSE SHALL BE VALID FOR TWO YEARS. THE
FEES FOR SUCH LICENSE AND RENEWAL THEREOF SHALL BE SET  BY  THE  COMMIS-
SIONER.
  4.  WHERE  ANY MATERIAL ALTERATION, AS DEFINED IN SECTION NINE HUNDRED
TWENTY-SEVEN OF THIS ARTICLE, IS  MADE,  THE  DEVICE  SHALL  CONFORM  TO
APPLICABLE  REQUIREMENTS IN THE APPLICABLE REFERENCED NATIONAL STANDARDS
FOR ALTERATION.
  5. EACH APPLICATION FOR A PERMIT SHALL BE ACCOMPANIED BY 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; THE LOCATION OF THE MACHINERY ROOM AND THE EQUIPMENT TO
BE  INSTALLED,  RELOCATED  OR  ALTERED;  AND  ALL  STRUCTURAL SUPPORTING
MEMBERS THEREOF, INCLUDING FOUNDATIONS, AND SHALL SPECIFY ALL  MATERIALS
TO  BE  EMPLOYED  AND ALL LOADS TO BE SUPPORTED AND CONVEYED. SUCH PLANS
AND SPECIFICATIONS SHALL BE  SUFFICIENTLY  COMPLETE  TO  ILLUSTRATE  ALL
DETAILS  OF  CONSTRUCTION  AND DESIGN. THE REQUIRED FEES SHALL ACCOMPANY
EACH PERMIT APPLICATION.
  6. UPON APPROVAL OF AN APPLICATION BY THE DEPARTMENT, THE COMMISSIONER
SHALL ISSUE A PERMIT. IF THE WORK  AUTHORIZED  BY  SUCH  PERMIT  IS  NOT
COMMENCED  WITHIN  SIX  MONTHS  OF  THE DATE OF ISSUANCE, OR WITHIN SUCH
SHORTER PERIOD OF TIME AS THE COMMISSIONER MAY SPECIFY AT THE  TIME  THE
PERMIT  IS  ISSUED, SUCH PERMIT SHALL EXPIRE. 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.   FOR GOOD  CAUSE  SHOWN,
THE COMMISSIONER MAY ALLOW EXTENSIONS OF THE FOREGOING PERIODS. THE FEES
FOR SUCH PERMITS AND SUCH EXTENSIONS SHALL BE SET BY THE COMMISSIONER.
  S  930.  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-

A. 8359--A                          7

TIES. APPLICANTS FOR A MECHANIC 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 DEPARTMENT ON THE MOST RECENT NATIONAL, STATE, AND LOCAL CONVEYANCES
CODES AND STANDARDS; OR
  (B)  ACCEPTABLE  PROOF  THAT  HE  OR  SHE  HAS  WORKED   ON   ELEVATOR
CONSTRUCTION,  MAINTENANCE  OR  REPAIR  WITH DIRECT AND 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 APPLI-
CANT PURSUANT TO THIS PARAGRAPH 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 SUCH AS, BUT NOT LIMITED TO, THE NATIONAL ELEVATOR
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.  WHENEVER AN EMERGENCY EXISTS, WHICH IMPERILS THE HEALTH, SAFETY OR
WELFARE OF AN INDIVIDUAL PLACING AN INDIVIDUAL  IN  IMMINENT  DANGER  OF
INJURY  OR DEATH, A LICENSED ELEVATOR CONTRACTOR SHALL RESPOND AS NECES-
SARY TO ASSURE THE SAFETY OF THE PUBLIC. WHEN SUCH AN  EMERGENCY  EXISTS
IN  THE  STATE DUE TO A DISASTER OR ACT OF GOD 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  DOCUMENTED  EXPERIENCE
AND  EDUCATION TO PERFORM ELEVATOR WORK WITH DIRECT AND IMMEDIATE SUPER-
VISION SHALL SEEK  AN  EMERGENCY  ELEVATOR  MECHANIC  LICENSE  FROM  THE
COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING WORK REQUIRING A
LICENSE.  THE  COMMISSIONER  SHALL  ISSUE  EMERGENCY  ELEVATOR  MECHANIC
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 LICENSE ISSUED IN THIS
ARTICLE. THE COMMISSIONER SHALL RENEW  AN  EMERGENCY  ELEVATOR  MECHANIC
LICENSE  DURING THE EXISTENCE OF AN EMERGENCY AS NEEDED. NO FEE SHALL BE
CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC LICENSE OR RENEWAL THEREOF.
  3. 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  TWEN-
TY-SEVEN OF THIS ARTICLE AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE
REQUIREMENTS  SET FORTH IN SUBDIVISION TWO OF SECTION NINE HUNDRED TWEN-
TY-NINE OF THIS ARTICLE.
  4. ANY APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE
TO THE SATISFACTION OF THE COMMISSIONER THAT  SUCH  APPLICANT  MEETS  OR
EXCEEDS  THE  CURRENT  NATIONAL STANDARDS FOR ELEVATOR INSPECTORS AS SET
FORTH IN ASME  QEI-1,  STANDARDS  FOR  THE  QUALIFICATIONS  OF  ELEVATOR

A. 8359--A                          8

INSPECTORS.  PRIVATE  ELEVATOR INSPECTORS SHALL MAINTAIN THE SAME INSUR-
ANCE REQUIREMENTS AS AN ELEVATOR CONTRACTOR.
  5.  (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.
  (C) THE STATE COMPTROLLER SHALL ESTABLISH WITHIN THE  SPECIAL  REVENUE
FUND-OTHER  AN  ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
ALL FEES ASSESSED AND COLLECTED  PURSUANT  TO  THE  PROVISIONS  OF  THIS
SECTION  SHALL  BE  PAID  AND  DEPOSITED  INTO  THE ELEVATOR AND RELATED
CONVEYANCES SAFETY PROGRAM ACCOUNT ESTABLISHED BY THIS PARAGRAPH FOR THE
PURPOSES OF OFFSETTING THE COSTS INCURRED BY THE  COMMISSIONER  FOR  THE
ADMINISTRATION OF ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAMS.
  6.  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  PROVISIONS  OF  THE  REGULATIONS  OF  THE
ELEVATOR  SAFETY  AND  STANDARDS BOARD. SUCH COURSE SHALL CONSIST OF NOT
LESS THAN  EIGHT  HOURS  OF  INSTRUCTION  THAT  SHALL  BE  ATTENDED  AND
COMPLETED ANNUALLY PRECEDING 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 ELEVATOR SAFETY AND
STANDARDS BOARD SHALL APPROVE THE CONTINUING  EDUCATION  PROVIDERS.  ALL
INSTRUCTORS  SHALL BE APPROVED BY THE BOARD AND EXEMPT FROM THE REQUIRE-
MENTS 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 TEN YEARS, OF ATTENDANCE OF LICENSEES FOLLOWING A FORMAT APPROVED  BY
THE  BOARD  AND  SUCH  RECORDS SHALL BE AVAILABLE FOR INSPECTION BY SAID
BOARD AT ITS 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.

A. 8359--A                          9

  S 931. REGULATIONS. 1. THE COMMISSIONER SHALL  PROMULGATE  SUCH  RULES
AND REGULATIONS AS THE COMMISSIONER DEEMS NECESSARY AND PROPER TO EFFEC-
TUATE  THE  PURPOSES AND PROVISIONS OF THIS ARTICLE AND COMPLY WITH AT A
MINIMUM, THE REQUIREMENTS OF THE CODE; THE SAFETY CODE FOR ELEVATORS AND
ESCALATORS,  ASME  A17.1;  THE  SAFETY  STANDARDS FOR PLATFORM LIFTS AND
STAIRWAY CHAIRLIFTS, ASME  A18.1;  STANDARD  FOR  THE  QUALIFICATION  OF
ELEVATOR  INSPECTORS,  ASME  QEI-1; AND AUTOMATED PEOPLE MOVER STANDARDS
ASCE 21.
  2. WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE  OWNER
OR  LESSEE  OF EVERY EXISTING CONVEYANCE SHALL REGISTER WITH THE COMMIS-
SIONER, EACH SUCH ELEVATOR, DUMBWAITER, PLATFORM LIFT AND  ESCALATOR  OR
DEVICE  DESCRIBE  IN  TWENTY-SIX, OWNED AND OPERATED BY THEM, GIVING THE
TYPE, RATED LOAD AND SPEED,  NAME  OF  MANUFACTURER,  LOCATION  AND  THE
PURPOSE  FOR  WHICH  IT  IS  USED AND SUCH ADDITIONAL INFORMATION AS THE
COMMISSIONER MAY REQUIRE.  CONVEYANCES ON WHICH CONSTRUCTION  HAS  BEGUN
SUBSEQUENT TO THE EFFECTIVE DATE OF THIS ARTICLE, SHALL BE REGISTERED AT
THE TIME THEY ARE COMPLETED AND PLACED IN SERVICE.
  3.  IT SHALL BE THE RESPONSIBILITY OF LICENSEES TO ENSURE THAT INSTAL-
LATION, SERVICE OR MAINTENANCE OF CONVEYANCES IS PERFORMED IN COMPLIANCE
WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
  4. THIS ARTICLE SHALL NOT  BE  CONSTRUED  TO  RELIEVE  OR  LESSEN  THE
RESPONSIBILITY  OR LIABILITY OF ANY OWNER OR ELEVATOR CONTRACTOR OWNING,
OPERATING, CONTROLLING, MAINTAINING, ERECTING, CONSTRUCTING, INSTALLING,
ALTERING, INSPECTING, TESTING OR REPAIRING ANY ELEVATOR OR OTHER RELATED
MECHANISMS COVERED BY THIS ARTICLE FOR DAMAGES  TO  PERSON  OR  PROPERTY
CAUSED BY ANY DEFECT THEREIN, NOR DOES THE STATE ASSUME ANY SUCH LIABIL-
ITY  OR  RESPONSIBILITY  THEREFOR,  OR  ANY  LIABILITY TO ANY PERSON, BY
REASON OF THE ENACTMENT OF THIS ARTICLE, OR ANY ACTS OR OMISSIONS  ARIS-
ING UNDER THIS ARTICLE.
  S  932.  INVESTIGATIONS AND COMPLAINTS; INJUNCTION. 1. NOTWITHSTANDING
ANY OTHER PROVISION OF THIS ARTICLE, 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.
  2. ANY PERSON OR ENTITY MAY MAKE  A  COMPLAINT  REGARDING  AN  ALLEGED
VIOLATION OR DANGER PURSUANT TO THIS ARTICLE BY GIVING WRITTEN NOTICE TO
THE  COMMISSIONER. SUCH NOTICE SHALL STATE WITH REASONABLE PARTICULARITY
THE GROUNDS FOR THE NOTICE AND SHALL BE SIGNED BY THE PERSON MAKING  THE
REQUEST.  SUCH PERSON'S NAME SHALL NOT APPEAR ON ANY COPY OF SUCH NOTICE
OR ANY RECORD PUBLISHED, RELEASED, OR MADE AVAILABLE.
  3. IF, UPON RECEIPT OF A NOTICE OF VIOLATION OR  DANGER,  THE  COMMIS-
SIONER  DETERMINES THAT THERE IS REASONABLE GROUNDS TO BELIEVE THAT SUCH
VIOLATION OR DANGER EXISTS, THE COMMISSIONER SHALL CAUSE TO BE  MADE  AN
INVESTIGATION  IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE AS SOON
AS PRACTICABLE TO DETERMINE IF SUCH VIOLATION OR DANGER EXISTS.  IF  THE
COMMISSIONER  DETERMINES THAT THERE ARE NO REASONABLE GROUNDS TO BELIEVE
THAT SUCH VIOLATION OR DANGER EXISTS, THE COMMISSIONER SHALL INFORM  THE
COMPLAINING PERSON OR ENTITY.
  4.  IF,  UPON  INVESTIGATION,  THE  COMMISSIONER  DETERMINES THAT SUCH
VIOLATION OR DANGER EXISTS, THE COMMISSIONER MAY DELIVER TO  SUCH  OWNER
OR  ELEVATOR  CONTRACTOR OR ITS AGENT OR REPRESENTATIVE A WRITTEN NOTICE
TO CURE OR NOTICE ENJOINING  ANY  FURTHER  WORK  ON  SUCH  INSTALLATION,
REPAIR  OR MAINTENANCE PROJECT. SUCH NOTICE SHALL SPECIFICALLY ENUMERATE
THE DANGERS OR VIOLATIONS OF REGULATIONS WHICH ARE OCCURRING  AND  SHALL
PROHIBIT  ANY FURTHER OPERATION OF THE CONVEYANCE OR WORK ON SUCH ELEVA-

A. 8359--A                         10

TOR INSTALLATION, MAINTENANCE OR REPAIR PROJECT  UNTIL  SUCH  VIOLATIONS
CEASE AND THE NOTICE RESCINDED BY THE COMMISSIONER.
  5.  UPON  RECEIPT OF A WRITTEN NOTICE FROM THE ELEVATOR CONTRACTOR, OR
ITS AGENT OR REPRESENTATIVE, THAT SUCH VIOLATIONS OR DANGERS  HAVE  BEEN
CORRECTED,  THE  COMMISSIONER  SHALL,  WITHIN TEN DAYS, ISSUE A DETERMI-
NATION AS TO WHETHER SUCH NOTICE TO CURE OR NOTICE TO  ENJOIN  SHALL  BE
RESCINDED.  ANY  ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY A
NOTICE OR DETERMINATION ISSUED UNDER  THIS  SECTION  MAY  CHALLENGE  THE
VALIDITY  OR APPLICABILITY OF SUCH NOTICE OR DETERMINATION BY COMMENCING
A PROCEEDING PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
  S 933. CIVIL PENALTIES; SUSPENSION AND REVOCATION OF  LICENSES.  1.  A
LICENSE  ISSUED PURSUANT TO THIS ARTICLE MAY BE SUSPENDED OR REVOKED AND
A LICENSEE MAY BE SUBJECTED TO A CIVIL PENALTY BY THE COMMISSIONER  UPON
DETERMINATION THAT ANY ONE OR MORE OF THE FOLLOWING CAUSES EXISTS:
  (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION.
  (B) FRAUD, MISREPRESENTATION, OR BRIBERY 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) VIOLATION OF ANY PROVISION OF THIS ARTICLE.
  2. A PERMIT ISSUED PURSUANT TO THIS ARTICLE  MAY  BE  REVOKED  BY  THE
COMMISSIONER  UPON  DETERMINATION THAT ANY ONE OR MORE OF  THE FOLLOWING
CAUSES EXISTS:
  (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 A STOP WORK ORDER.
  3. (A) THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY UPON  AN  OWNER  OR
ELEVATOR  CONTRACTOR  OF UP TO ONE THOUSAND FIVE HUNDRED DOLLARS FOR THE
INITIAL VIOLATION OF SECTION NINE HUNDRED TWENTY-EIGHT OF  THIS  ARTICLE
AND UP TO TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE SECOND OR SUBSEQUENT
VIOLATION OF SUCH SECTION.
  (B)  IF, AFTER AN INVESTIGATION AND A FORMAL HEARING, THE COMMISSIONER
FINDS THAT AN OWNER OR ELEVATOR CONTRACTOR HAS VIOLATED ANY PROVISION OF
THIS ARTICLE, OTHER THAN SECTION NINE HUNDRED TWENTY-EIGHT, OR ANY  RULE
OR  REGULATION  PROMULGATED  PURSUANT  TO THIS ARTICLE, THE COMMISSIONER
SHALL, BY AN ORDER WHICH SHALL DESCRIBE IN  DETAIL  THE  NATURE  OF  THE
VIOLATION  OR  VIOLATIONS,  IMPOSE ON SUCH CONTRACTOR A CIVIL PENALTY OF
NOT MORE THAN THE GREATER OF TWENTY-FIVE PERCENT OF THE  MONETARY  VALUE
OF  THE  CONTRACT UPON WHICH THE VIOLATION WAS FOUND TO HAVE OCCURRED OR
FIVE THOUSAND DOLLARS PER VIOLATION. THE COMMISSIONER  SHALL  IMPOSE  ON
ANY  CONTRACTOR  WHO,  HAVING  PREVIOUSLY  BEEN ASSESSED A CIVIL PENALTY
UNDER THIS SECTION, VIOLATES ANY PROVISION OF THIS ARTICLE  OR ANY  RULE
OR  REGULATION  PROMULGATED  PURSUANT TO THIS ARTICLE A CIVIL PENALTY OF
NOT MORE THAN THE GREATER OF FIFTY PERCENT OF TH MONETARY VALUE  OF  THE
CONTRACT  UPON WHICH THE VIOLATION WAS FOUND TO HAVE OCCURRED OR TWENTY-
FIVE THOUSAND DOLLARS PER VIOLATION. EACH DAY A VIOLATION CONTINUES  MAY
BE  CONSIDERED A SEPARATE VIOLATION UNDER THIS SECTION. IN ASSESSING THE
AMOUNT OF PENALTY, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO  THE
SIZE OF THE CONTRACTOR'S BUSINESS, THE GOOD FAITH OF THE CONTRACTOR, THE

A. 8359--A                         11

GRAVITY  OF  THE  VIOLATION,  AND  THE  CONTRACTOR'S HISTORY OF PREVIOUS
VIOLATIONS.
  4.  IF,  AFTER AN INVESTIGATION AND A FORMAL HEARING, THE COMMISSIONER
FINDS THAT A CONTRACTOR HAS VIOLATED ANY PROVISION OF  THIS  ARTICLE  OR
ANY  RULE  OR REGULATION PROMULGATED HEREUNDER WITHIN THREE YEARS OF THE
LAST ASSESSMENT OF A CIVIL PENALTY AGAINST  THE  CONTRACTOR  UNDER  THIS
ARTICLE, OR HAS BEEN FOUND TO HAVE COMMITTED SERIOUS VIOLATIONS OF OTHER
STATE,  FEDERAL  OR  LOCAL LAWS WITH REGARD TO THE ELEVATOR CONTRACTOR'S
PROJECT OR HAS OTHERWISE DEMONSTRATED A LACK OF  RESPONSIBILITY  IN  THE
CONDUCT  OF  ANY JOB OF SUCH SERIOUSNESS AS TO WARRANT THE REVOCATION OF
THE CONTRACTOR'S LICENSE,  THE  COMMISSIONER  MAY,  BY  AN  ORDER  WHICH
DESCRIBES  IN  DETAIL  THE NATURE OF THE VIOLATION OR VIOLATIONS, REVOKE
THE CONTRACTOR'S LICENSE, WHEREUPON SUCH CONTRACTOR SHALL NOT BE  ELIGI-
BLE TO APPLY FOR A NEW LICENSE FOR A PERIOD OF UP TO TWO YEARS.
  5.  IF,  AFTER AN INVESTIGATION AND A FORMAL HEARING, THE COMMISSIONER
FINDS THAT A PERSON OR CONTRACTOR WHO HAS BEEN ISSUED A PERMIT HAS WILL-
FULLY VIOLATED ANY PROVISION OF THIS ARTICLE, OR ANY RULE OR  REGULATION
PROMULGATED  PURSUANT  TO  THIS  ARTICLE, THE COMMISSIONER MAY, BY ORDER
WHICH DESCRIBES IN DETAIL THE NATURE OF  THE  VIOLATION  OR  VIOLATIONS,
SUSPEND OR REVOKE THE PERMIT OF SUCH PERSON OR CONTRACTOR.
  6.  ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN ORDER
ISSUED UNDER THIS SECTION MAY CHALLENGE THE VALIDITY OR APPLICABILITY OF
SUCH ORDER BY COMMENCING A PROCEEDING PURSUANT TO ARTICLE  SEVENTY-EIGHT
OF  THE CIVIL PRACTICE LAW AND RULES. THE COMMISSIONER MAY FILE WITH THE
COUNTY CLERK OF THE COUNTY WHERE THE  PERSON,  EMPLOYER,  OR  CONTRACTOR
RESIDES  OR  HAS A PLACE OF BUSINESS, THE ORDER CONTAINING THE AMOUNT OF
CIVIL PENALTY, UNLESS A PROCEEDING FOR JUDICIAL REVIEW  AS  PROVIDED  IN
THIS  ARTICLE  SHALL  THEN BE PENDING OR THE TIME FOR INITIATION OF SUCH
PROCEEDING HAS NOT EXPIRED. THE FILING OF SUCH ORDER OR  DECISION  SHALL
HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE
OF  SUCH CLERK. THE ORDER OR DECISION MAY BE ENFORCED BY AND IN THE NAME
OF THE COMMISSIONER IN THE SAME MANNER, AND WITH LIKE  EFFECT,  AS  THAT
PRESCRIBED  BY THE CIVIL PRACTICE LAW AND RULES FOR THE ENFORCEMENT OF A
MONEY JUDGMENT.
  S 934. ENFORCEMENT. 1. NOTHING IN THIS ARTICLE SHALL BE  CONSTRUED  TO
PREVENT CITIES FROM ENACTING LOCAL LAWS OR ORDINANCES WHICH IMPOSE STAN-
DARDS OR REQUIREMENTS RELATING TO CONVEYANCE SAFETY THAT ARE MORE STRIN-
GENT  THAN  THOSE SET FORTH IN THIS ARTICLE OR IN ANY RULE OR REGULATION
PROMULGATED PURSUANT TO THIS ARTICLE.
  2. THE COMMISSIONER SHALL ENFORCE THE PROVISIONS OF THIS  ARTICLE  AND
THE   RULES  AND  REGULATIONS  PROMULGATED  PURSUANT  TO  THIS  ARTICLE;
PROVIDED, HOWEVER, THAT THE PROVISIONS OF  THIS  SECTION,  AND  SECTIONS
NINE  HUNDRED  THIRTY-ONE  AND  NINE HUNDRED THIRTY-TWO OF THIS ARTICLE,
SHALL NOT BE ENFORCED WITH REFERENCE TO ENTITIES OR CONTRACTORS PERFORM-
ING WORK IN A CITY WHICH FILES WITH THE COMMISSIONER  A  DULY  CERTIFIED
COPY  OF  A  LOCAL  LAW  OR  ORDINANCE  ASSUMING FULL RESPONSIBILITY FOR
ENFORCING THE PROVISIONS OF THIS ARTICLE AND THE RULES  AND  REGULATIONS
PROMULGATED  PURSUANT  TO  THIS  ARTICLE.  SUCH  CITY SHALL HAVE ALL THE
POWERS OF THE COMMISSIONER IN ENFORCING THE PROVISIONS OF  THIS  ARTICLE
AND  THE  RULES  AND  REGULATIONS  PROMULGATED PURSUANT TO THIS ARTICLE,
INCLUDING BUT NOT LIMITED TO, THE COLLECTION AND RETENTION  OF  MONETARY
PENALTIES.
  3. EACH CITY WHICH ELECTS SUCH LOCAL ENFORCEMENT OPTION SHALL SUBMIT A
REPORT  TO  THE COMMISSIONER ANNUALLY ON OR BEFORE THE FIRST DAY OF JUNE
IN THE MANNER IN WHICH  THIS  ARTICLE  AND  THE  RULES  AND  REGULATIONS
PROMULGATED  PURSUANT  TO  THIS ARTICLE HAVE BEEN AND ARE BEING ADMINIS-

A. 8359--A                         12

TERED AND THE RESULTS OF SUCH ADMINISTRATION UNDER THE  JURISDICTION  OF
SUCH  CITY  AND  SHALL FROM TIME TO TIME SUBMIT TO THE COMMISSIONER SUCH
OTHER REPORTS AS TO SUCH OTHER MATTERS AS THE COMMISSIONER MAY REQUIRE.
  4.  A  CITY  MAY FILE WITH THE COMMISSIONER A DULY CERTIFIED COPY OF A
LOCAL LAW OR ORDINANCE  TERMINATING  ITS  ENFORCEMENT  RESPONSIBILITIES,
WHICH SHALL BE EFFECTIVE THIRTY DAYS FROM THE FILING THEREOF.
  S  935.  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 APPOINT THREE MEMBERS EACH. THE  BOARD
SHALL  MEET  ON A QUARTERLY BASIS TO ADVISE THE COMMISSIONER OF LABOR ON
THE IMPLEMENTATION OF THIS ARTICLE. THE CHAIRPERSON OF THE  BOARD  SHALL
BE  DESIGNATED  BY  THE  GOVERNOR  FROM AMONG THE PERSONS APPOINTED. THE
MEMBERS SHALL BE REPRESENTATIVE OF A MAJOR ELEVATOR MANUFACTURING COMPA-
NY, AN ELEVATOR SERVICING COMPANY, AN ELEVATOR ARCHITECTURAL DESIGNER OR
CONSULTANT, THE GENERAL PUBLIC, A BUILDING OWNER OR MANAGER, AN ELEVATOR
CONTRACTOR EMPLOYEE LABOR UNION REPRESENTATIVE, AN  ELEVATOR  INSPECTOR,
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 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. THE BOARD MAY BE AUTHORIZED BY THE COMMISSIONER TO
RECOMMEND DRAFT LEGISLATION AND AMENDMENTS TO THE LEGISLATURE.
  4. THE BOARD SHALL ASSIST  THE  COMMISSIONER  AND  THE  DEPARTMENT  IN
ESTABLISHING  THE  STATE REGULATIONS FOR EQUIPMENT COVERED BY THIS ARTI-
CLE. SUCH REGULATIONS SHALL CONFORM WITH THE MINIMUM REQUIREMENTS OF THE
CODE, THE SAFETY CODE FOR ELEVATORS  AND  ESCALATORS,  ASME  A17.1;  THE
SAFETY CODE FOR EXISTING ELEVATORS AND ESCALATORS, ASME A17.3; THE SAFE-
TY  STANDARDS  FOR  PLATFORM  LIFTS AND STAIRWAY CHAIRLIFTS, ASME A18.1;
STANDARD FOR THE QUALIFICATION OF ELEVATOR INSPECTORS, ASME  QEI-1;  AND
AUTOMATED  PEOPLE  MOVER  STANDARDS,  ASCE 21. THE BOARD SHALL ADOPT THE
LATEST EDITIONS OF SUCH NATIONAL STANDARDS WITHIN SIX  MONTHS  OF  THEIR
EFFECTIVE  DATE.  ANY  MODIFICATIONS  TO SUCH NATIONAL STANDARDS, DEEMED
NECESSARY BY THE BOARD, MUST BE JUSTIFIED IN WRITING.
  5. THE BOARD SHALL DEVELOP AN ENFORCEMENT PROGRAM  WHICH  WILL  ENSURE
COMPLIANCE  WITH  THE  REGULATIONS  AND  REQUIREMENTS PROMULGATED BY THE
COMMISSIONER PURSUANT TO THIS ARTICLE. SUCH  ENFORCEMENT  PROGRAM  SHALL
INCLUDE THE DEVELOPMENT OF POLICIES FOR:
  (A) IDENTIFYING PROPERTY LOCATIONS THAT ARE SUBJECT TO THE ENFORCEMENT
PROGRAM;

A. 8359--A                         13

  (B)  ISSUING NOTIFICATIONS TO VIOLATING PROPERTY OWNERS AND OPERATORS,
RANDOM ON-SITE INSPECTIONS, AND TESTS ON EXISTING INSTALLATIONS;
  (C)  OBSERVING INSPECTIONS AND TESTING IN ORDER TO ENSURE SATISFACTORY
PERFORMANCE BY LICENSED ELEVATOR MECHANICS, INSPECTORS, AND CONTRACTORS;
AND
  (D) ASSISTING IN DEVELOPMENT OF PUBLIC AWARENESS PROGRAMS.
  6. THE BOARD SHALL ASSIST THE COMMISSIONER IN GRANTING EXCEPTIONS  AND
VARIANCES FROM THE LITERAL REQUIREMENTS OF THE APPLICABLE CODE AND STAN-
DARDS, REGULATIONS, AND LOCAL LEGISLATION, IN CASES WHERE SUCH VARIANCES
WOULD NOT JEOPARDIZE THE PUBLIC SAFETY AND WELFARE. THE BOARD SHALL HEAR
ALL APPEALS AND VARIANCES.
  7.  THE  BOARD  SHALL ASSIST THE COMMISSIONER IN SETTING FEE SCHEDULES
FOR LICENSES, PERMITS, AND INSPECTIONS. THE FEES SHALL REFLECT THE ACTU-
AL COSTS AND EXPENSES TO CONDUCT THE DUTIES AS DESCRIBED IN  THIS  ARTI-
CLE.
  8.  THE  BOARD  SHALL  ASSIST  THE  COMMISSIONER IN ANY AND ALL THINGS
NECESSARY OR CONVENIENT TO THE COMMISSIONER'S  DUTY  TO  CARRY  OUT  THE
PURPOSE  OF  THIS  ARTICLE  AND EXERCISE THE POWERS GIVEN AND GRANTED IN
THIS TITLE.
  S 2. 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 board, are authorized and directed to  be  estab-
lished, made and completed on or before such effective date.