Senate Bill S8126

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

                                  8126

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the labor law, in relation to the licensing  of  persons
  engaged  in  the design, construction, inspection, maintenance, alter-
  ation, and repair of elevators

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

  Section  1. Section 954 of the labor law, as added by a chapter of the
laws of 2016 amending the labor law and the state finance  law  relating
to   requiring   the   licensing  of  persons  engaged  in  the  design,
construction, inspection, maintenance, alteration, and repair of  eleva-
tors  and other automated moving people devices, as proposed in legisla-
tive bills numbers S.1945-B and A.1787-C, is amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  RESTRICTED  LICENSE.  A  RESTRICTED CLASS OF LIFT MECHANIC LICENSE
SHALL BE KNOWN AS "ACCESSIBILITY  TECHNICIAN".  SUCH  CLASS  OF  LICENSE
SHALL  BE  RESTRICTED  TO  PERFORMING  WORK INVOLVING PLATFORM LIFTS AND
STAIRWAY CHAIRLIFTS INCLUDING  THOSE  INSTALLED  IN  PRIVATE  RESIDENCES
WHICH ARE COVERED BY THE PROVISIONS OF ASME A18.1-2005. AN APPLICANT FOR
SUCH  RESTRICTED  LICENSE  SHALL COMPLETE AN APPLICATION APPROVED BY THE
BOARD AND SHALL HAVE AT LEAST THREE YEARS VERIFIED  WORK  EXPERIENCE  IN
CONSTRUCTING,  MAINTAINING  AND  REPAIRING  THOSE  LIFTS COVERED BY ASME
A18.1-2005 AND SHALL  PROVIDE  TO  THE  COMMISSIONER  A  CERTIFICATE  OF
COMPLETION  OF  AN  ACCESSIBILITY  TRAINING  PROGRAM FOR LIFTS UNDER THE
SCOPE OF A18.1-2005 SUCH AS THE CERTIFIED ACCESSIBILITY TRAINING  (CAT),
OR AN EQUIVALENT PROGRAM AS DEEMED BY THE DEPARTMENT.
  S  2.  Section 955 of the labor law, as added by a chapter of the laws
of 2016 amending the labor law and the state  finance  law  relating  to
requiring  the licensing of persons engaged in the design, construction,
inspection, maintenance, alteration, and repair of elevators  and  other
automated  moving  people  devices,  as  proposed  in  legislative bills
numbers S.1945-B and A.1787-C, is amended to read as follows:
  S 955.  Qualifications,  training  and  continuing  education.  1.  No
license  shall  be  granted  to any person who has not paid the required

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

                                                           LBD15870-01-6

S. 8126                             2

application fee and demonstrated his or her  qualifications  and  abili-
ties.  Applicants  for  a mechanic's license must demonstrate one of the
following qualifications: (a) an acceptable  combination  of  documented
experience  and  education  credits consisting of (i) not less than four
years work experience  in  the  construction,  maintenance  and  service
repair  of  elevators, as verified by current and previous employers and
(ii) satisfactory completion of a written examination,  administered  OR
ACCEPTED  by  the  commissioner, 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
applicant  shall file such application within one year of [the effective
date of this article]  RELEASE AND ACCESS TO THE  LICENSING  APPLICATION
AS DEFINED IN THIS ARTICLE; or
  (c)  a  certificate  of successful completion and successfully passing
the mechanic examination of a nationally recognized training program for
the elevator industry including, but not limited to, the national eleva-
tor industry educational program or its equivalent; or
  (d) certificate of successful completion of the joint  apprentice  and
training  committee  of the elevator industry of local 3, IBEW, EE divi-
sion training program or an apprenticeship program for elevator  mechan-
ics,  having standards substantially equal to those of this chapter, and
registered with the bureau of apprenticeship and training, U.S.  depart-
ment of labor or a state apprenticeship council; OR
  (e) INDUSTRY EDUCATIONAL PROGRAM, THE NATIONAL ASSOCIATION OF ELEVATOR
CONTRACTORS  (NAEC) CERTIFIED ELEVATOR TECHNICIAN (CET), OR THEIR EQUIV-
ALENT.
  (F) The commissioner shall upon application and  without  examination,
issue  a  license  to  any person over the age of eighteen years who has
been duly  licensed by any other state of the United States to engage in
the business of construction, operation, inspection, maintenance, alter-
ation and repair of  elevators  as  verified  by  current  and  previous
employers, upon compliance with standards and requirements not lower, in
the  judgement  of  the commissioner than those of this state, provided,
however, that such state extends the same reciprocity to  the  licensees
of  this  state.  Such  application shall be accompanied by the required
license fee.
  2. Applicants for an elevator contractor's license must demonstrate to
the commissioner that such elevator contractor employs licensed elevator
mechanics who perform the work described in section nine hundred  fifty-
one  of  this  article  and  have proof of compliance with the insurance
requirements set forth in paragraph (d) of subdivision  one  of  section
nine hundred fifty-four of this article.
  3. Any applicants for an elevator inspector's license must demonstrate
to  the  satisfaction  of  the commissioner that such applicant meets or
exceeds applicable  [national]  standards  SUCH  AS  QUALIFIED  ELEVATOR
INSPECTOR  (QEI)  OR  ITS  EQUIVALENT. Private elevator inspectors shall
maintain the same insurance requirements as an elevator contractor.
  4. (a) The renewal of all licenses granted  under  the  provisions  of
this  subdivision  shall be conditioned upon the submission of a certif-
icate of completion of a course designed to ensure the continuing educa-
tion of licensees on new and existing national, state, and local convey-
ances codes and standards, TECHNOLOGY, TECHNICAL EDUCATION AND WORKPLACE
SAFETY. Such course shall consist of not less than eight  CONTACT  hours

S. 8126                             3

[of  instruction that shall be attended] (.8 CEU) annually and completed
preceding any such license renewal.  The  commissioner  shall  establish
requirements  for  continuing education and training programs, and shall
approve  such  programs, as well as maintain a list of approved programs
which shall be made available to license applicants, permit  applicants,
renewal  applicants  and  other  interested  parties  upon  request. The
commissioner shall promulgate rules and regulations  setting  forth  the
criteria for approval of such programs, the procedures to be followed in
applying  for  such  approval,  and  other  rules and regulations as the
commissioner deems necessary and proper to effectuate  the  purposes  of
this section.
  (b)  The  commissioner  shall  assess  a fee for each training program
completion  certificate  and  for  each   refresher   training   program
completion  certificate[,  provided, however, that in no event shall the
cost of such certificates be assessed by the sponsor  of  such  training
program against the participants].
  5.  The  renewal  of all licenses granted under the provisions of this
section shall be conditioned upon the submission  of  a  certificate  of
completion  of  a  course designed to ensure the continuing education of
licensees on new and existing regulations of the department. Such course
shall consist of not less than eight CONTACT hours (.8 CEU) of  instruc-
tion  that  shall  be  attended and completed annually prior to any such
license renewal.
  The courses shall be taught [by instructors] through continuing educa-
tion providers that may include, but shall not be  limited  to,  associ-
ation  seminars,  and  labor  training programs OR PROGRAMS THAT DELIVER
APPROVED APPRENTICESHIP AND ARE REGISTERED WITH THE  DEPARTMENT  OR  THE
NEW  YORK STATE APPRENTICESHIP TRAINING COUNCIL.  The commissioner shall
approve the continuing education providers.  All  instructors  shall  be
exempt  from  the requirements of the preceding paragraph with regard to
their application for license renewal provided that such  applicant  was
qualified  as  an instructor at any time during the one year immediately
preceding the scheduled date for such renewal.
  Approved training providers shall keep uniform records, for  a  period
of  six years, of attendance of licensees following a format approved by
the commissioner and such records shall be available for  inspection  by
the  commissioner  at  his or her request.   Approved training providers
shall be responsible for the security  of  all  attendance  records  and
certificates  of completion; provided, however, that falsifying or know-
ingly allowing another to falsify such  attendance  records  or  certif-
icates  of completion shall constitute grounds for suspension or revoca-
tion of the approval required under this section.
  S 3. Subdivision 1 of section 957 of the labor  law,  as  added  by  a
chapter  of  the  laws  the  2016  amending  the labor law and the state
finance law relating to requiring the licensing of  persons  engaged  in
the  design,  construction,  inspection,  maintenance,  alteration,  and
repair of elevators  and  other  automated  moving  people  devices,  as
proposed  in legislative bills numbers S.1945-B and A.1787-C, is amended
to read as follows:
  1. An elevator safety  and  standards  board  is  hereby  created,  to
consist  of  nine  members. The governor, the temporary president of the
senate, and the  speaker  of  the  assembly  shall  each  appoint  three
members.  The  governor's  appointees  shall be comprised of a represen-
tative of a major elevator  manufacturing  company,  [a  member  of  the
general  public]  AN ELEVATOR INSPECTOR and a building owner, manager or
representative; the temporary president of the senate's appointees shall

S. 8126                             4

be comprised of an elevator servicing company, an elevator architectural
designer or consultant, and an [elevator  inspector]  INDIVIDUAL  OF  AN
ELEVATOR  INDUSTRY ASSOCIATION; the speaker of the assembly's appointees
shall  be  comprised  of an elevator contractor employee labor union, an
elevator mechanic, and a fire  marshal.  The  commissioners  of  health,
labor,  education,  and economic development or their designees shall be
ex-officio members. The board shall meet on an as needed basis to advise
the commissioner on the implementation of this article. The board  shall
elect  a  chairperson  to serve for the term of their appointment to the
board.  The board shall prepare an annual report for  the  governor  and
the  legislature,  copies of which shall be sent to the commissioners of
health, education, economic development, and labor.
  S 4. This act shall take effect on the same date and the  same  manner
as  a  chapter  of the laws of 2016 amending the labor law and the state
finance law relating to requiring the licensing of  persons  engaged  in
the  design,  construction,  inspection,  maintenance,  alteration,  and
repair of elevators  and  other  automated  moving  people  devices,  as
proposed  in  legislative  bills  numbers  S.1945-B  and A.1787-C, takes
effect.