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.