Senate Bill S7026

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

                                  7026

                            I N  S E N A T E

                             April 24, 2012
                               ___________

Introduced  by Sens. BONACIC, KRUEGER -- read twice and ordered printed,
  and when printed to be committed 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, 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,
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.

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

                                                           LBD10727-05-2

S. 7026                             2

  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;
  (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:

S. 7026                             3

  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
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,

S. 7026                             4

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
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-

S. 7026                             5

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
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.

S. 7026                             6

  (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-
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

S. 7026                             7

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
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

S. 7026                             8

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.
  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.

S. 7026                             9

  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.
  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.

S. 7026                            10

  (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.
  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

S. 7026                            11

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
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,

S. 7026                            12

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;
  (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

S. 7026                            13

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.