The New York State Senate

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

                                 5137--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 9, 2017
                               ___________

Introduced by Sens. SAVINO, BONACIC, ADDABBO, AKSHAR, ALCANTARA, AVELLA,
  BAILEY,  BROOKS,  CARLUCCI,  DILAN, FUNKE, GALLIVAN, GRIFFO, HAMILTON,
  HELMING, HOYLMAN, JACOBS, KAMINSKY, KENNEDY, KRUEGER, LANZA,  LATIMER,
  LITTLE,  MURPHY,  ORTT,  PERALTA, RITCHIE, ROBACH, SANDERS, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee on Labor -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the labor law and the state finance 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 33 to read
as follows:
                               ARTICLE 33
               ELEVATORS AND OTHER CONVEYANCES; LICENSING
SECTION 950. LEGISLATIVE FINDINGS AND DECLARATION.
        951. APPLICATION.
        952. DEFINITIONS.
        953. LICENSING, PERMIT,  REGISTRATION  AND  COMPLIANCE  REQUIRE-
               MENTS.
        954. LICENSE AND PERMIT PROCEDURE.
        955. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
        956. POWERS OF THE COMMISSIONER.
        957. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
        958. EXEMPT PERSONS.
  §  950.  LEGISLATIVE  FINDINGS AND DECLARATION. THE LEGISLATURE HEREBY
FINDS THAT THE USE OF UNSAFE AND DEFECTIVE ELEVATORS AND OTHER AUTOMATED
PEOPLE MOVING CONVEYANCES MAY EXPOSE THE PUBLIC TO UNSAFE CONDITIONS AND
INCREASE THE RISK OF INJURY. THE LEGISLATURE FINDS THAT IMPROPER DESIGN,

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

                                                           LBD01705-06-7

S. 5137--A                          2

CONSTRUCTION, MAINTENANCE AND REPAIR OF SUCH CONVEYANCES IS  PREVENTABLE
BY  REQUIRING  PROPER  TRAINING  OF  PERSONS EMPLOYED TO PERFORM WORK ON
ELEVATORS AND OTHER AUTOMATED PEOPLE MOVING CONVEYANCES AND BY REQUIRING
THE  LICENSING  OF  CONTRACTORS  AND  THE  CERTIFICATION  OF INDIVIDUALS
INVOLVED IN ELEVATOR  AND  OTHER  AUTOMATED  PEOPLE  MOVING  CONVEYANCES
PROJECTS.
  NOTHING  IN  THIS  ARTICLE  IS  INTENDED  TO CREATE, EXPAND, DIMINISH,
LIMIT, IMPAIR, OR SUPERSEDE ANY RIGHTS UNDER CURRENT LAW, RULE, OR REGU-
LATION, OR RESULTING FROM A DETERMINATION OF A  COURT  OR  THE  NATIONAL
LABOR  RELATIONS  BOARD  WITH  REGARD TO BUILDING TRADES AND THE WORK OF
SUCH BUILDING TRADE. NOR IS IT INTENDED TO ABROGATE ANY RIGHTS OR DUTIES
UNDER ANY CONTRACT WITH REGARD TO BUILDING TRADES AND THE WORK  OF  SUCH
BUILDING TRADE.
  §  951.  APPLICATION. 1. THE DESIGN, CONSTRUCTION, ERECTION, INSTALLA-
TION, INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND  REPAIR
OF THE FOLLOWING EQUIPMENT ARE COVERED BY THIS ARTICLE:
  (A)  HOISTING  AND LOWERING MECHANISMS EQUIPPED WITH A CAR OR PLATFORM
WHICH MOVES BETWEEN TWO OR MORE LANDINGS. THIS EQUIPMENT  INCLUDES,  BUT
IS NOT LIMITED TO ELEVATORS, PLATFORM LIFTS AND STAIRWAY CHAIR LIFTS;
  (B)  POWER  DRIVEN STAIRWAYS AND WALKWAYS FOR CARRYING PERSONS BETWEEN
LANDINGS.  THIS EQUIPMENT INCLUDES, BUT IS NOT  LIMITED  TO,  ESCALATORS
AND MOVING WALKS;
  (C) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR, WHICH SERVES
TWO  OR  MORE  LANDINGS AND IS RESTRICTED TO THE CARRYING OF MATERIAL BY
ITS LIMITED SIZE OR LIMITED ACCESS TO THE CAR. THIS EQUIPMENT  INCLUDES,
BUT IS NOT LIMITED TO, DUMBWAITERS, MATERIAL LIFTS, AND DUMBWAITERS WITH
AUTOMATIC  TRANSFER DEVICES AS DEFINED IN SECTION NINE HUNDRED FIFTY-TWO
OF THIS ARTICLE; AND
  (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH  AN  EXCLUSIVE
RIGHT  OF  WAY.   THIS EQUIPMENTS INCLUDES, BUT IS NOT LIMITED TO, AUTO-
MATED PEOPLE MOVERS.
  2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
  (A) MATERIAL HOISTS;
  (B) MANLIFTS;
  (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS;
  (D) POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR  MAINTE-
NANCE;
  (E) CONVEYOR AND RELATED EQUIPMENT;
  (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS;
  (G) INDUSTRIAL TRUCKS;
  (H) PORTABLE  EQUIPMENT, EXCEPT FOR PORTABLE ESCALATORS;
  (I)  TIERING  AND  PILING  MACHINES USED TO MOVE MATERIALS TO AND FROM
STORAGE LOCATED AND OPERATING ENTIRELY WITHIN ONE STORY;
  (J) EQUIPMENT FOR FEEDING OR POSITIONING MATERIALS INCLUDING, BUT  NOT
LIMITED TO, MACHINE TOOLS AND PRINTING PRESSES;
  (K) SKIP OR FURNACE HOISTS;
  (L) WHARF RAMPS;
  (M) RAILROAD CAR LIFTS OR DUMPERS;
  (N)  LINE  JACKS,  FALSE  CARS, SHAFTERS, MOVING PLATFORMS AND SIMILAR
EQUIPMENT USED FOR INSTALLING AN ELEVATOR BY A  CONTRACTOR  LICENSED  IN
THIS STATE.
  3.  THE  LICENSING,  PERMITTING  AND  CERTIFICATION PROVISIONS OF THIS
ARTICLE SHALL NOT APPLY TO THE OWNERS OR LESSEES OF  PRIVATE  RESIDENCES
WHO  DESIGN,  ERECT, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE OR MAIN-
TAIN CONVEYANCES THAT ARE LOCATED OR WILL BE LOCATED IN  SUCH  OWNER  OR
LESSEE'S  PRIVATE RESIDENCE. HOWEVER, ANY PERSON HIRED TO DESIGN, ERECT,

S. 5137--A                          3

CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE,  MAINTAIN,  OR  PERFORM  ANY
OTHER  WORK  RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS
OF THIS ARTICLE.
  4.  NO  LICENSE  SHALL  BE  REQUIRED FOR THE REMOVAL OR DISMANTLING OF
CONVEYANCES.
  5. THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT THER-
ETO SHALL BE THE MINIMUM  STANDARD  REQUIRED  AND  SHALL  SUPERSEDE  ANY
SPECIAL  LAW  OR  LOCAL  ORDINANCE  INCONSISTENT THEREWITH, AND NO LOCAL
ORDINANCE INCONSISTENT THEREWITH SHALL BE ADOPTED,  BUT  NOTHING  HEREIN
CONTAINED SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDI-
TIONAL REQUIREMENTS AND RESTRICTIONS.
  § 952. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
  1.  "AUTOMATED  PEOPLE  MOVER"  MEANS A GUIDED TRANSIT MODE WITH FULLY
AUTOMATED OPERATION, FEATURING VEHICLES THAT OPERATE ON  GUIDEWAYS  WITH
EXCLUSIVE RIGHT-OF-WAY.
  2.  "BOARD"  MEANS  THE  NEW  YORK STATE ELEVATOR SAFETY AND STANDARDS
BOARD ESTABLISHED BY SECTION NINE HUNDRED FIFTY-SEVEN OF THIS ARTICLE.
  3. "CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY  THE  COMMIS-
SIONER  THAT  INDICATES  THAT THE ELEVATOR OR RELATED CONVEYANCE HAS HAD
THE REQUIRED SAFETY INSPECTION AND TESTS AND THAT THE FEES  REQUIRED  BY
THIS ARTICLE HAVE BEEN PAID.
  4. "TEMPORARY CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY THE
COMMISSIONER WHICH PERMITS THE TEMPORARY USE OF A NON-COMPLIANT ELEVATOR
OR  RELATED  CONVEYANCE BY THE GENERAL PUBLIC FOR A LIMITED TIME, NOT TO
EXCEED THIRTY DAYS, WHILE MINOR REPAIRS ARE BEING COMPLETED.
  5. "CONVEYANCE" MEANS  ANY  ELEVATOR,  DUMBWAITER,  ESCALATOR,  MOVING
SIDEWALK,  PLATFORM  LIFTS,  STAIRWAY  CHAIRLIFTS  AND  AUTOMATED PEOPLE
MOVERS.
  6. "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN  INSTALLATION
PLACED  OUT  OF  SERVICE  UNDER THE FOLLOWING CIRCUMSTANCES: (A) WHEN AN
INSTALLATION'S POWER HAS BEEN DISCONNECTED  AND  (I)  WHEN  AN  ELECTRIC
ELEVATOR,  DUMBWAITER, OR MATERIAL LIFT WHOSE SUSPENSION ROPES HAVE BEEN
REMOVED, WHOSE CAR AND COUNTERWEIGHT REST AT THE BOTTOM OF THE HOISTWAY,
AND WHOSE HOISTWAY DOORS HAVE BEEN PERMANENTLY BARRICADED OR  SEALED  IN
THE  CLOSED POSITION ON THE HOISTWAY SIDE; OR (II) A HYDRAULIC ELEVATOR,
DUMBWAITER, OR MATERIAL LIFT WHOSE CAR RESTS AT THE BOTTOM OF THE HOIST-
WAY AND WHOSE DOORS ARE PERMANENTLY BARRICADED OR SEALED;  OR  (III)  AN
ESCALATOR OR MOVING WALK WHOSE ENTRANCES HAVE BEEN PERMANENTLY BARRICAD-
ED;  OR  (B)  AS  DETERMINED BY STATE OR LOCAL LAW, CODE, RULE, OR REGU-
LATIONS.
  7. "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH A
CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS.
  8. "ELEVATOR CONTRACTOR" MEANS, A PUBLIC CORPORATION, OR INSTRUMENTAL-
ITY OF A PUBLIC CORPORATION, SELF-EMPLOYED PERSON,  COMPANY,  UNINCORPO-
RATED  ASSOCIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPO-
RATION, OR ANY OTHER ENTITY, OR ANY OWNER OR  OPERATOR  OF  ANY  OF  THE
FOREGOING  ENTITIES,  WHO  POSSESSES AN ELEVATOR CONTRACTOR'S LICENSE IN
ACCORDANCE WITH THE PROVISIONS OF SECTIONS NINE HUNDRED FIFTY-THREE  AND
NINE  HUNDRED  FIFTY-FOUR OF THIS ARTICLE AND IS ENGAGED IN THE BUSINESS
OF DESIGNING, ERECTING, CONSTRUCTING, INSTALLING,  ALTERING,  REPAIRING,
SERVICING  OR  MAINTAINING  ELEVATORS  OR  OTHER AUTOMATED PEOPLE MOVING
CONVEYANCES COVERED BY THIS ARTICLE.
  9. "ELEVATOR HELPER/APPRENTICE/ASSISTANT MECHANIC"  MEANS  ANY  PERSON
WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.

S. 5137--A                          4

  10.  "ELEVATOR  INSPECTOR"  MEANS ANY PERSON WHO POSSESSES AN ELEVATOR
INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  11.  "ELEVATOR  MECHANIC"  MEANS  ANY PERSON WHO POSSESSES AN ELEVATOR
MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  12. "ESCALATOR" MEANS POWER-DRIVEN, INCLINED, CONTINUOUS STAIRWAY USED
FOR RAISING OR LOWERING PASSENGERS.
  13. "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  THAT  HAS  BEEN
COMPLETED  OR  IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE OF THIS
ARTICLE.
  14. "LICENSE" MEANS A LICENSE DULY ISSUED BY THE COMMISSIONER, AUTHOR-
IZING THE  DESIGN,  ERECTION,  CONSTRUCTION,  INSTALLATION,  ALTERATION,
REPAIR,  SERVICE,  MAINTENANCE,  OR  INSPECTION  OF  ELEVATORS  OR OTHER
CONVEYANCES COVERED BY THIS ARTICLE.
  15. "ELEVATOR CONTRACTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
HOLDER THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF  DESIGNING,  ERECTING,
CONSTRUCTING,  INSTALLING, ALTERING, REPAIRING, SERVICING OR MAINTAINING
CONVEYANCES COVERED BY THIS ARTICLE.
  16. "ELEVATOR INSPECTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES  THE
HOLDER  THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF INSPECTING OR TESTING
CONVEYANCES COVERED BY THIS ARTICLE.
  17. "ELEVATOR MECHANIC'S LICENSE" MEANS A LICENSE WHICH  ENTITLES  THE
HOLDER  THEREOF  TO  INSTALL,  CONSTRUCT,  ALTER, SERVICE, REPAIR, TEST,
MAINTAIN, AND PERFORM WORK ON  CONVEYANCES  OR  OTHER  AUTOMATED  PEOPLE
MOVERS COVERED BY THIS ARTICLE.
  18.  "MOVING  WALK/SIDEWALK" MEANS A TYPE OF PASSENGER-CARRYING DEVICE
ON WHICH PASSENGERS STAND OR WALK, AND IN WHICH  THE  PASSENGER-CARRYING
SURFACE  REMAINS  PARALLEL  TO  ITS  DIRECTION OF MOTION AND IS UNINTER-
RUPTED.
  19. "PERMIT" MEANS A DOCUMENT ISSUED BY THE COMMISSIONER PRIOR TO  THE
COMMENCEMENT   OF   WORK  THAT  PERMITS  A  CONVEYANCE  TO  BE  ERECTED,
CONSTRUCTED, INSTALLED, OR ALTERED UNDER PLANS APPROVED BY  THE  COMMIS-
SIONER PURSUANT TO THIS ARTICLE.
  20. "PERSON" MEANS ANY NATURAL PERSON.
  21. "PRIVATE RESIDENCE" MEANS A SEPARATE DWELLING OR A SEPARATE APART-
MENT  IN  A  MULTIPLE DWELLING, WHICH IS OCCUPIED BY MEMBERS OF A SINGLE
FAMILY UNIT.
  22. "REPAIR" MEANS RECONDITIONING OR  RENEWAL  OF  PARTS,  COMPONENTS,
AND/OR  SUBSYSTEMS NECESSARY TO KEEP EQUIPMENT IN COMPLIANCE WITH APPLI-
CABLE CODE REQUIREMENTS.
  23. "ALTERATION" MEANS ANY CHANGE TO EQUIPMENT, INCLUDING  ITS  PARTS,
COMPONENTS,  AND/OR  SUBSYSTEMS,  OTHER  THAN  MAINTENANCE,  REPAIR,  OR
REPLACEMENT, BUT SHALL NOT INCLUDE THE PROFESSIONAL  SERVICES  OF  ENGI-
NEERING  OR  ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO HUNDRED ONE
AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW.
  24. "DESIGN" MEANS THE ACT OR PROCESS OF PLANNING THE  REPAIR,  ALTER-
ATION  OR  CONSTRUCTION  OF  ANY  CONVEYANCE,  BUT SHALL NOT INCLUDE THE
PROFESSIONAL SERVICES OF  ENGINEERING  OR  ARCHITECTURE  AS  DEFINED  IN
SECTIONS  SEVENTY-TWO  HUNDRED  ONE AND SEVENTY-THREE HUNDRED ONE OF THE
EDUCATION LAW.
  25. "CONSTRUCTION" MEANS  THE  ACT  OR  PROCESS  OF  CONSTRUCTING  ANY
CONVEYANCE.
  26.  "INSPECTION"  MEANS A CRITICAL EXAMINATION, OBSERVATION OR EVALU-
ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE.
  27. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE.
  28. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION,
CLEANING, AND ADJUSTMENT OF PARTS, COMPONENTS, AND/OR SUBSYSTEMS FOR THE

S. 5137--A                          5

PURPOSE OF ENSURING PERFORMANCE IN ACCORDANCE WITH ANY  APPLICABLE  CODE
REQUIREMENTS.
  29.  "SERVICE  OR SERVICING" MEANS A SERVICE CALL OR OTHER UNSCHEDULED
VISIT, NOT INCLUDING ROUTINE MAINTENANCE OR A REPAIR,  FROM  A  LICENSED
ELEVATOR  MECHANIC TO TROUBLESHOOT, ADJUST OR REPAIR AN IMPROPERLY FUNC-
TIONING OR AN OTHERWISE SHUT DOWN CONVEYANCE.
  30. "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS  AN
INSTALLATION  TEMPORARILY  PLACED  OUT  OF  SERVICE  UNDER THE FOLLOWING
CIRCUMSTANCES: (A) (I) WHEN SUCH INSTALLATION'S POWER  SUPPLY  HAS  BEEN
DISCONNECTED;  AND  (II)  THE CAR IS PARKED AND ANY DOORS ARE CLOSED AND
LATCHED; AND (III) A WIRE SEAL IS INSTALLED ON THE  MAINLINE  DISCONNECT
SWITCH  BY  A LICENSED ELEVATOR INSPECTOR; OR (B) AS DETERMINED BY STATE
OR LOCAL LAW, CODE, RULE, OR REGULATION.
  31. "ERECT" MEANS TO VERTICALLY CONSTRUCT OR CONNECT ANY CONVEYANCE OR
PART OR SYSTEM THEREOF.
  32. "INSTALLATION" MEANS TO PLACE OR FIX ANY  CONVEYANCE  OR  PART  OR
SYSTEM THEREOF, IN POSITION FOR OPERATION.
  TEMPORARILY DORMANT INSTALLATIONS SHALL NOT BE USED UNTIL SUCH INSTAL-
LATION  HAS  BEEN  RESTORED  TO A SAFE RUNNING ORDER AND IS IN CONDITION
SUITABLE FOR USE IN ACCORDANCE WITH ALL APPLICABLE  LAWS,  CODES,  RULES
AND  REGULATIONS. SUCH TEMPORARILY DORMANT INSTALLATION SHALL BE SUBJECT
TO CONTINUED INSPECTIONS FOR THE DURATION OF THE  "TEMPORARILY  DORMANT"
STATUS  BY  A  LICENSED  ELEVATOR INSPECTOR. SUCH INSPECTOR SHALL FILE A
REPORT WITH THE COMMISSIONER DESCRIBING THE CONDITIONS OF SUCH TEMPORAR-
ILY DORMANT INSTALLATION. THE REPORT SHALL BE FILED ANNUALLY OR MORE  OR
LESS  FREQUENT  AS DETERMINED BY THE COMMISSIONER. "TEMPORARILY DORMANT"
STATUS SHALL BE RENEWABLE ON AN ANNUAL BASIS, BUT  SHALL  NOT  EXCEED  A
FIVE-YEAR PERIOD.
  NO PERSON SHALL REMOVE THE WIRE SEAL AND PADLOCK FOR ANY PURPOSE WITH-
OUT THE EXPRESS PERMISSION OF THE ELEVATOR INSPECTOR.
  § 953. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIREMENTS. 1.
EXCEPT  AS  OTHERWISE  PROVIDED  FOR  IN  SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF THIS ARTICLE FOR ANY ELEVATOR CONTRACTOR TO DESIGN, ERECT, CONSTRUCT,
INSTALL,  ALTER, REPLACE, SERVICE, OR MAINTAIN, ANY CONVEYANCE CONTAINED
WITHIN BUILDINGS OR  STRUCTURES  IN  THIS  STATE  UNLESS  SUCH  ELEVATOR
CONTRACTOR HOLDS AN ELEVATOR CONTRACTOR'S LICENSE.
  2.  EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF THIS ARTICLE FOR ANY PERSON TO WIRE ANY CONVEYANCE, FROM THE MAINLINE
FEEDER TERMINALS ON THE CONTROLLER, IN THIS STATE UNLESS SUCH PERSON HAS
AN  ELEVATOR  MECHANIC'S  LICENSE AND IS WORKING UNDER THE DIRECT SUPER-
VISION OF A LICENSED ELEVATOR CONTRACTOR PURSUANT TO  THIS  ARTICLE.  NO
OTHER  LICENSE  SHALL BE REQUIRED FOR THIS WORK, EXCLUDING THE INSTALLA-
TION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM AND PIT
LIGHTING, RECEPTACLES AND HVAC AS DESCRIBED IN THE NFPA  NATIONAL  ELEC-
TRIC  CODE  620.23  AND  620.24  AS  WELL AS FIRE AND HEAT DETECTORS AND
ALARMS, MAY BE PERFORMED BY A LICENSED  ELECTRICAL  CONTRACTOR.    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.

S. 5137--A                          6

  3.  EXCEPT  AS  OTHERWISE PROVIDED FOR IN SUBDIVISION THREE OF SECTION
NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A VIOLATION OF  THIS
ARTICLE  FOR  ANY PERSON TO INSPECT OR TEST ANY CONVEYANCE WITHIN BUILD-
INGS OR STRUCTURES UNLESS SUCH  PERSON  HOLDS  AN  ELEVATOR  INSPECTOR'S
LICENSE.
  4.  EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY-ONE OF THIS ARTICLE, IT SHALL BE A  VIOLATION
OF  THIS  ARTICLE  FOR  ANY  ELEVATOR  CONTRACTOR  TO  ERECT, CONSTRUCT,
INSTALL, OR ALTER CONVEYANCES WITHIN BUILDINGS OR STRUCTURES WITHIN THIS
STATE UNLESS A PERMIT THEREFOR  HAS  BEEN  ISSUED  BY  THE  COMMISSIONER
BEFORE  WORK  IS COMMENCED. NO PERMIT SHALL BE ISSUED EXCEPT TO A PERSON
HOLDING A VALID ELEVATOR CONTRACTOR'S LICENSE. A  COPY  OF  SUCH  PERMIT
SHALL BE KEPT AT THE CONSTRUCTION SITE AT ALL TIMES WHILE THE WORK IS IN
PROGRESS.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY-ONE OF THIS  ARTICLE,  ALL  NEW  CONVEYANCE  INSTALLATIONS
SHALL  BE  PERFORMED  BY AN ELEVATOR CONTRACTOR LICENSED TO INSTALL SUCH
CONVEYANCE. SUBSEQUENT TO INSTALLATION,  THE  ELEVATOR  CONTRACTOR  MUST
CERTIFY  COMPLIANCE  TO THE COMMISSIONER WITH THE APPLICABLE SECTIONS OF
THIS ARTICLE AS WELL AS ANY OTHER APPLICABLE LAW,  RULE,  REGULATION  OR
CODE.    PRIOR  TO  SUCH  CONVEYANCES  BEING USED, THE PROPERTY OWNER OR
LESSEE MUST OBTAIN A CERTIFICATE OF OPERATION FROM THE  COMMISSIONER.  A
FEE, AS SET FORTH IN THIS ARTICLE, SHALL BE PAID FOR SUCH CERTIFICATE OF
OPERATION,  HOWEVER,  NO  SUCH  FEE SHALL BE REQUIRED FOR CONVEYANCES IN
PRIVATE RESIDENCES. IT IS THE RESPONSIBILITY OF  THE  LICENSED  ELEVATOR
CONTRACTOR  TO  COMPLETE AND SUBMIT REGISTRATIONS FOR NEW INSTALLATIONS.
A CERTIFICATE OF 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 AND CONSPICUOUSLY DISPLAYED ON, IN
OR AROUND EACH CONVEYANCE AND BE ACCESSIBLE TO  THE  STATE  OR  LOCALITY
INSPECTING OR ENFORCING ANY APPLICABLE LAW, RULE, REGULATION OR CODE.
  6.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY-ONE OF THIS ARTICLE,  THE  CERTIFICATE  OF  OPERATION  FOR
NEWLY INSTALLED PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS FOR PRIVATE RESI-
DENCES  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.
  7.  IT  SHALL  BE  THE  RESPONSIBILITY OF LICENSEES TO ENSURE THAT THE
INSTALLATION, SERVICE OR MAINTENANCE  OF  CONVEYANCES  IS  PERFORMED  IN
COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
  §  954.  LICENSE  AND  PERMIT PROCEDURE. ALL APPLICATIONS FOR ELEVATOR
CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
REQUIRED PERMITS SHALL BE SUBMITTED TO  THE  DEPARTMENT  IN  WRITING  ON
FORMS  FURNISHED  BY  THE COMMISSIONER AND SHALL CONTAIN THE INFORMATION
SET FORTH IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION THAT THE
COMMISSIONER MAY REQUIRE. THE  COMMISSIONER  SHALL  ALSO  SET  FEES  FOR
LICENSING AND PERMITTING UNDER THIS SECTION.
  1.  APPLICATIONS  FOR  LICENSES. EVERY APPLICATION FOR A LICENSE UNDER
THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
  (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT;
  (B) THE NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE  BUSINESS  OR
PRACTICE  OF  DESIGNING, CONSTRUCTING, ERECTING, INSTALLING, INSPECTING,

S. 5137--A                          7

TESTING, REPAIRING,  ALTERING,  MAINTAINING,  OR  SERVICING  CONVEYANCES
COVERED BY THIS ARTICLE;
  (C)  THE  APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED BY THE
APPLICANT FOR AN ELEVATOR CONTRACTOR'S LICENSE;
  (D) EVIDENCE THAT THE APPLICANT IS  OR  WILL  BE  COVERED  BY  GENERAL
LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE; AND
  (E) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
  UPON  APPROVAL  OF AN APPLICATION FOR A LICENSE THE COMMISSIONER SHALL
ISSUE SUCH LICENSE WHICH SHALL BE VALID FOR TWO YEARS. THE FEES FOR SUCH
LICENSE AND RENEWAL THEREOF SHALL BE SET BY THE COMMISSIONER. ANY DENIAL
FOR SUCH APPLICATION SHALL SET FORTH THE REASONS THEREFOR.
  2. APPLICATION FOR PERMITS. EVERY APPLICATION FOR A PERMIT UNDER  THIS
ARTICLE  SHALL  INCLUDE PLANS AND SPECIFICATIONS STAMPED AND SIGNED BY A
PROFESSIONAL ENGINEER AND/OR AN ARCHITECT LICENSED PURSUANT  TO  ARTICLE
ONE  HUNDRED  FORTY-FIVE  AND/OR  ARTICLE ONE HUNDRED FORTY-SEVEN OF THE
EDUCATION LAW.  EVERY APPLICATION FOR A PERMIT UNDER THIS ARTICLE  SHALL
INCLUDE THE FOLLOWING:
  (A)  COPIES  OF  THE  SPECIFICATIONS  AND  ACCURATELY SCALED AND FULLY
DIMENSIONED PLANS SHOWING THE LOCATION OF THE INSTALLATION  IN  RELATION
TO THE PLANS AND ELEVATION OF THE BUILDING;
  (B)  THE  LOCATION  OF  THE  MACHINERY  ROOM  AND  THE EQUIPMENT TO BE
INSTALLED, RELOCATED OR ALTERED;
  (C) ALL STRUCTURAL SUPPORTING MEMBERS THEREOF, INCLUDING FOUNDATIONS;
  (D) A LIST OF ALL MATERIALS  TO  BE  EMPLOYED  AND  ALL  LOADS  TO  BE
SUPPORTED AND CONVEYED;
  (E)  ANY OTHER INFORMATION THAT THE COMMISSIONER MAY REQUIRE TO ENSURE
THAT SUCH PLANS AND SPECIFICATIONS ARE SUFFICIENTLY COMPLETE AND  ILLUS-
TRATE ALL DETAILS OF CONSTRUCTION AND DESIGN; AND
  (F)  ANY  REQUIRED  PERMITTING  FEES, WHICH ARE SUBJECT TO RETURN UPON
DENIAL OF A PERMIT APPLICATION.
  UPON APPROVAL OF AN APPLICATION FOR A PERMIT  THE  COMMISSIONER  SHALL
ISSUE  SUCH  PERMIT.  SUCH PERMIT SHALL STATE THE TIME BY WHICH THE WORK
SHALL COMMENCE AND ALSO WHEN SUCH PERMIT EXPIRES. IF AFTER THE WORK  HAS
BEEN STARTED, WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIXTY DAYS,
OR  SUCH  SHORTER  PERIOD OF TIME AS THE COMMISSIONER MAY SPECIFY AT THE
TIME THE PERMIT IS ISSUED, THE PERMIT SHALL EXPIRE.  UPON EXPIRATION  OF
A  PERMIT  FOR  WHICH  WORK HAS NOT BEEN COMPLETED, THE COMMISSIONER MAY
EXTEND SUCH PERMIT.
  3. LICENSING AND PERMITTING EXEMPTIONS. WHENEVER AN  EMERGENCY  EXISTS
IN  THIS  STATE  DUE  TO  A  DISASTER  OR ACT OF GOD, WHICH IMPERILS THE
HEALTH, SAFETY OR WELFARE OF AN INDIVIDUAL OR  INDIVIDUALS  AND  PLACING
SUCH INDIVIDUAL OR INDIVIDUALS IN IMMINENT DANGER OF INJURY OR DEATH AND
THE NUMBER OF PERSONS IN THE STATE HOLDING LICENSES GRANTED BY THE BOARD
IS  INSUFFICIENT  TO COPE WITH SUCH EMERGENCY, ANY PERSON CERTIFIED BY A
LICENSED ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF  DOCU-
MENTED  EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITHOUT DIRECT
AND IMMEDIATE SUPERVISION SHALL SEEK AN  EMERGENCY  ELEVATOR  MECHANIC'S
LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
WORK REQUIRING A LICENSE.  THE COMMISSIONER SHALL ISSUE EMERGENCY ELEVA-
TOR  MECHANIC'S  LICENSES  TO  ADDRESS  THE  EMERGENCY  THAT EXISTS. THE
LICENSED ELEVATOR CONTRACTOR SHALL FURNISH PROOF OF  COMPETENCY  AS  THE
COMMISSIONER  MAY  REQUIRE.  EACH  SUCH  LICENSE SHALL RECITE THAT IT IS
VALID FOR A PERIOD OF FIFTEEN DAYS FROM THE DATE THEREOF  AND  FOR  SUCH
PARTICULAR  ELEVATORS  OR  GEOGRAPHICAL  AREAS  AS  THE COMMISSIONER MAY
DESIGNATE TO ADDRESS THE EMERGENCY SITUATION AND OTHERWISE SHALL ENTITLE
THE LICENSEE TO THE RIGHTS AND  PRIVILEGES  OF  AN  ELEVATOR  MECHANIC'S

S. 5137--A                          8

LICENSE  ISSUED  IN THIS ARTICLE.  THE COMMISSIONER SHALL RENEW AN EMER-
GENCY ELEVATOR MECHANIC'S LICENSE DURING THE EXISTENCE OF  AN  EMERGENCY
AS NEEDED. NO FEE SHALL BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC'S
LICENSE OR RENEWAL THEREOF.
  4.  RESTRICTED  LICENSE.  A  RESTRICTED CLASS OF LIFT MECHANIC LICENSE
SHALL BE KNOWN AS "ACCESSIBILITY  TECHNICIAN".  SUCH  CLASS  OF  LICENSE
SHALL  BE  RESTRICTED  TO  PERFORMING  WORK INVOLVING PLATFORM LIFTS AND
STAIRWAY CHAIRLIFTS INCLUDING  THOSE  INSTALLED  IN  PRIVATE  RESIDENCES
WHICH ARE COVERED BY THE PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHAN-
ICAL  ENGINEER)  CODES  AND  STANDARDS A18.1-2005. AN APPLICANT FOR SUCH
RESTRICTED LICENSE SHALL COMPLETE AN APPLICATION APPROVED BY  THE  BOARD
AND  SHALL  HAVE  AT  LEAST  THREE  YEARS  VERIFIED  WORK  EXPERIENCE IN
CONSTRUCTING, MAINTAINING AND REPAIRING  THOSE  LIFTS  COVERED  BY  ASME
A18.1-2005  AND  SHALL  PROVIDE  TO  THE  COMMISSIONER  A CERTIFICATE OF
COMPLETION OF AN ACCESSIBILITY TRAINING  PROGRAM  FOR  LIFTS  UNDER  THE
SCOPE  OF  A18.1-2005  SUCH  AS  THE  CERTIFIED  ACCESSIBILITY  TRAINING
PROVIDED BY THE NATIONAL ASSOCIATION  OF  ELEVATOR  CONTRACTORS,  OR  AN
EQUIVALENT PROGRAM AS DEEMED BY THE DEPARTMENT.
  §  955.  QUALIFICATIONS,  TRAINING  AND  CONTINUING  EDUCATION.  1. NO
LICENSE SHALL BE GRANTED TO ANY PERSON WHO HAS  NOT  PAID  THE  REQUIRED
APPLICATION  FEE  AND  DEMONSTRATED HIS OR HER QUALIFICATIONS AND ABILI-
TIES. APPLICANTS FOR A MECHANIC'S LICENSE MUST DEMONSTRATE  ONE  OF  THE
FOLLOWING  QUALIFICATIONS:  (A)  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  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) A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE JOINT APPRENTICE AND
TRAINING COMMITTEE OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW,  EE  DIVI-
SION  TRAINING PROGRAM OR AN APPRENTICESHIP PROGRAM FOR ELEVATOR MECHAN-
ICS, HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF THIS CHAPTER,  AND
REGISTERED  WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S. DEPART-
MENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL; OR
  (E) INDUSTRY EDUCATIONAL PROGRAM, THE NATIONAL ASSOCIATION OF ELEVATOR
CONTRACTORS (NAEC) CERTIFIED ELEVATOR TECHNICIAN (CET), OR THEIR  EQUIV-
ALENT; OR
  (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

S. 5137--A                          9

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. APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE  TO
THE  SATISFACTION  OF  THE  COMMISSIONER  THAT  SUCH  APPLICANT MEETS OR
EXCEEDS APPLICABLE STANDARDS SUCH  AS  A  QUALIFIED  ELEVATOR  INSPECTOR
(QEI)  OR ITS EQUIVALENT. PRIVATE ELEVATOR INSPECTORS SHALL MAINTAIN THE
SAME INSURANCE REQUIREMENTS AS AN ELEVATOR CONTRACTOR.
  4. (A) THE RENEWAL OF ALL LICENSES GRANTED  UNDER  THE  PROVISIONS  OF
THIS  SUBDIVISION  SHALL BE CONDITIONED UPON THE SUBMISSION OF A CERTIF-
ICATE OF COMPLETION OF A COURSE DESIGNED TO ENSURE THE CONTINUING EDUCA-
TION OF LICENSEES ON NEW AND EXISTING NATIONAL, STATE, AND LOCAL CONVEY-
ANCES CODES AND STANDARDS AND ON TECHNOLOGY AND TECHNICAL EDUCATION  AND
WORKPLACE  SAFETY.  SUCH  COURSE  SHALL  CONSIST  OF NOT LESS THAN EIGHT
CONTACT HOURS (.8 CEU) ANNUALLY AND COMPLETED PRECEDING ANY SUCH LICENSE
RENEWAL. THE COMMISSIONER SHALL ESTABLISH  REQUIREMENTS  FOR  CONTINUING
EDUCATION  AND  TRAINING  PROGRAMS,  AND SHALL APPROVE SUCH PROGRAMS, AS
WELL AS MAINTAIN A LIST OF APPROVED PROGRAMS WHICH SHALL BE MADE  AVAIL-
ABLE  TO  LICENSE  APPLICANTS, PERMIT APPLICANTS, RENEWAL APPLICANTS AND
OTHER INTERESTED PARTIES UPON REQUEST. THE COMMISSIONER SHALL PROMULGATE
RULES AND REGULATIONS SETTING FORTH THE CRITERIA FOR  APPROVAL  OF  SUCH
PROGRAMS,  THE  PROCEDURES TO BE FOLLOWED IN APPLYING FOR SUCH APPROVAL,
AND OTHER RULES AND REGULATIONS AS THE COMMISSIONER DEEMS NECESSARY  AND
PROPER TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  (B)  THE  COMMISSIONER  SHALL  ASSESS  A FEE FOR EACH TRAINING PROGRAM
COMPLETION  CERTIFICATE  AND  FOR  EACH   REFRESHER   TRAINING   PROGRAM
COMPLETION CERTIFICATE.
  5.  THE  RENEWAL  OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF THIS
SECTION SHALL BE CONDITIONED UPON THE SUBMISSION  OF  A  CERTIFICATE  OF
COMPLETION  OF  A  COURSE DESIGNED TO ENSURE THE CONTINUING EDUCATION OF
LICENSEES ON NEW AND EXISTING REGULATIONS OF THE DEPARTMENT. SUCH COURSE
SHALL CONSIST OF NOT LESS THAN EIGHT CONTACT HOURS (.8 CEU) OF  INSTRUC-
TION  THAT  SHALL  BE  ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH
LICENSE RENEWAL.
  THE COURSES SHALL BE TAUGHT  THROUGH  CONTINUING  EDUCATION  PROVIDERS
THAT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCIATION SEMINARS, AND
LABOR TRAINING PROGRAMS OR PROGRAMS THAT DELIVER AN APPROVED APPRENTICE-
SHIP  AND  ARE  REGISTERED  WITH  THE  DEPARTMENT  OR THE NEW YORK STATE
APPRENTICESHIP TRAINING COUNCIL.  THE  COMMISSIONER  SHALL  APPROVE  THE
CONTINUING EDUCATION PROVIDERS. ALL INSTRUCTORS SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THE PRECEDING PARAGRAPH WITH REGARD TO THEIR APPLICATION
FOR  LICENSE  RENEWAL  PROVIDED  THAT SUCH APPLICANT WAS QUALIFIED AS AN
INSTRUCTOR AT ANY TIME DURING THE ONE  YEAR  IMMEDIATELY  PRECEDING  THE
SCHEDULED DATE FOR SUCH RENEWAL.
  APPROVED  TRAINING  PROVIDERS SHALL KEEP UNIFORM RECORDS, FOR A PERIOD
OF SIX YEARS, OF ATTENDANCE OF LICENSEES FOLLOWING A FORMAT APPROVED  BY
THE  COMMISSIONER  AND SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION BY
THE COMMISSIONER AT HIS OR HER REQUEST.    APPROVED  TRAINING  PROVIDERS
SHALL  BE  RESPONSIBLE  FOR  THE  SECURITY OF ALL ATTENDANCE RECORDS AND
CERTIFICATES OF COMPLETION; PROVIDED, HOWEVER, THAT FALSIFYING OR  KNOW-
INGLY  ALLOWING  ANOTHER  TO  FALSIFY SUCH ATTENDANCE RECORDS OR CERTIF-

S. 5137--A                         10

ICATES OF COMPLETION SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR  REVOCA-
TION OF THE APPROVAL REQUIRED UNDER THIS SECTION.
  § 956. POWERS OF THE COMMISSIONER.  1. THE COMMISSIONER SHALL HAVE THE
AUTHORITY  TO  INSPECT,  OR  CAUSE TO BE INSPECTED, ONGOING OR COMPLETED
CONVEYANCES PROJECTS AND TO CONDUCT AN INVESTIGATION  THEREOF  UPON  THE
COMMISSIONER'S  OWN  INITIATION  OR  UPON  RECEIPT OF A COMPLAINT BY ANY
PERSON OR ENTITY. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL PERMIT  THE
COMMISSIONER TO ENTER A PRIVATE RESIDENCE.
  2.  IF, UPON RECEIPT OF A COMPLAINT ALLEGING A VIOLATION OF THIS ARTI-
CLE, THE COMMISSIONER REASONABLE BELIEVES THAT SUCH VIOLATION EXISTS, HE
OR SHE SHALL INVESTIGATE AS SOON AS PRACTICABLE  TO  DETERMINE  IF  SUCH
VIOLATION  EXISTS.  IF  THE COMMISSIONER DETERMINES THAT NO VIOLATION OR
DANGER EXISTS, THE COMMISSIONER SHALL INFORM THE COMPLAINING  PERSON  OR
ENTITY.
  3.  IF,  UPON  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT THE
ALLEGED VIOLATION EXISTS, THE COMMISSIONER MAY DELIVER TO SUCH OWNER  OR
ELEVATOR  CONTRACTOR  OR  HIS  OR  HER AGENT OR REPRESENTATIVE A WRITTEN
ORDER TO CURE SUCH VIOLATION AND MAY ORDER THAT THEIR PERMIT TO WORK  ON
SUCH  INSTALLATION,  REPAIR  OR  MAINTENANCE  PROJECT SHALL BE SUSPENDED
UNTIL SUCH VIOLATION IS CURED. SUCH ORDER SHALL  SPECIFICALLY  ENUMERATE
THE  VIOLATIONS WHICH CONSTITUTE THE BASIS OF THE ORDER TO CURE OR ORDER
OF SUSPENSION AND SHALL SPECIFY THE CORRECTIVE ACTION TO BE  TAKEN.  THE
COMMISSIONER MAY ALLOW THE PERMIT TO TOLL DURING THE TIME OF SUCH ORDER.
  4.  UPON  RECEIPT OF A WRITTEN NOTICE FROM THE ELEVATOR CONTRACTOR, OR
HIS OR HER  AGENT  OR  REPRESENTATIVE,  THAT  SUCH  VIOLATION  HAS  BEEN
CORRECTED,  THE  COMMISSIONER  SHALL,  WITHIN TEN DAYS, ISSUE A DETERMI-
NATION AS TO WHETHER SUCH ORDER TO CURE  HAS  BEEN  SATISFIED  AND  SUCH
ORDER OF SUSPENSION, IF ANY, SHALL BE LIFTED. IF THE COMMISSIONER DETER-
MINES  THAT  THE  ORDER  TO  CURE  HAS  NOT BEEN SATISFIED HE OR SHE MAY
CONTINUE SUCH ORDER FOR A REASONABLE PERIOD OF TIME UPON THE CONSENT  OF
THE  CONTRACTOR,  OR  HIS OR HER AGENT OR REPRESENTATIVE. IF THE COMMIS-
SIONER DOES NOT CONTINUE THE ORDER, OR IF THE CONTRACTOR, OR HIS OR  HER
AGENT  OR  REPRESENTATIVE  DOES  NOT  CONSENT  TO SUCH CONTINUATION, THE
CONTRACTOR SHALL HAVE THE RIGHT TO A HEARING TO DETERMINE IF SUCH  ORDER
SHALL  BE LIFTED. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED
BY A NOTICE, SUSPENSION, OR DETERMINATION ISSUED UNDER THIS SECTION  MAY
COMMENCE  A  PROCEEDING  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
  5. THE COMMISSIONER MAY, AFTER A NOTICE AND HEARING, SUSPEND OR REVOKE
A LICENSE ISSUED UNDER THIS  ARTICLE  BASED  ON  ANY  OF  THE  FOLLOWING
VIOLATIONS:
  (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION;
  (B) FRAUD, OR MISREPRESENTATION, IN SECURING A LICENSE;
  (C)  FAILURE  TO  NOTIFY THE COMMISSIONER AND THE OWNER OR LESSEE OF A
CONVEYANCE OF ANY CONDITION NOT IN COMPLIANCE WITH THIS ARTICLE;
  (D) A VIOLATION OF SECTION NINE HUNDRED FIFTY-THREE OF  THIS  ARTICLE;
OR
  (E)  A FINDING BY THE COMMISSIONER THAT A CONTRACTOR HAS VIOLATED THIS
ARTICLE OR ANY RULE OR REGULATION PROMULGATED THEREUNDER TWICE WITHIN  A
PERIOD  OF THREE YEARS, OR THAT A CONTRACTOR HAS VIOLATED A PROVISION OF
THIS ARTICLE AND SUCH VIOLATION RESULTED IN  A  SERIOUS  THREAT  TO  THE
HEALTH  OR SAFETY OF AN INDIVIDUAL OR INDIVIDUALS. THE COMMISSIONER MAY,
IN ADDITION TO ORDERING THAT SUCH CONTRACTOR'S LICENSE BE  REVOKED,  BAR
SUCH  INDIVIDUAL  FROM  BEING ELIGIBLE TO REAPPLY FOR SUCH LICENSE FOR A
PERIOD NOT TO EXCEED TWO YEARS.

S. 5137--A                         11

  6. THE COMMISSIONER MAY, AFTER NOTICE AND  HEARING,  REVOKE  A  PERMIT
ISSUED UNDER THIS ARTICLE BASED ON ANY OF THE FOLLOWING VIOLATIONS:
  (A) ANY FALSE STATEMENTS OR MISREPRESENTATION AS TO A MATERIAL FACT IN
THE APPLICATION, PLANS, OR SPECIFICATIONS ON WHICH THE PERMIT WAS BASED;
  (B)  ANY APPLICATION WHICH BY OMISSION OR MISTAKE FAILS TO COMPLY WITH
THE REQUIREMENTS OF THIS ARTICLE;
  (C) ANY FAILURE TO PERFORM WORK IN ACCORDANCE WITH THE  PROVISIONS  OF
THE  APPLICATION,  PLANS  OR  SPECIFICATIONS OR WITH THE REQUIREMENTS OF
THIS ARTICLE OR CONDITIONS OF THE PERMIT;
  (D) A FAILURE BY THE OWNER OR ELEVATOR CONTRACTOR TO WHOM  THE  PERMIT
WAS  ISSUED  TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION; OR
  (E) A FINDING BY THE COMMISSIONER THAT AN INDIVIDUAL OR CONTRACTOR WHO
HAS BEEN ISSUED A PERMIT HAS VIOLATED ANY PROVISION UNDER  SECTION  NINE
HUNDRED FIFTY-THREE OF THIS ARTICLE.
  7. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF THE
COMMISSIONER  FINDS,  AFTER  NOTICE  AND HEARING, THAT AN INDIVIDUAL HAS
VIOLATED ANY PROVISION OF THIS ARTICLE, HE OR SHE  MAY  IMPOSE  A  CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION. UPON
A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS OF THE DETERMINATION
OF A PRIOR VIOLATION, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT TO
EXCEED TWO THOUSAND DOLLARS.
  (B)  THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE INCREASED TO AN AMOUNT NOT TO EXCEED FIVE  THOUSAND  DOLLARS  IF  THE
VIOLATION  RESULTED  IN  A  SERIOUS THREAT TO THE HEALTH OR SAFETY OF AN
INDIVIDUAL OR INDIVIDUALS.
  8. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN  ORDER
ISSUED  UNDER THIS SECTION MAY COMMENCE A PROCEEDING PURSUANT TO ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  9. THE COMMISSIONER MAY BRING AN ACTION IN A COURT OF COMPETENT JURIS-
DICTION TO ENJOIN ANY CONDUCT THAT VIOLATES THE PROVISIONS OF THIS ARTI-
CLE.
  10. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY TO
CARRY OUT AND EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  § 957. NEW YORK STATE ELEVATOR  SAFETY  AND  STANDARDS  BOARD.  1.  AN
ELEVATOR  SAFETY  AND  STANDARDS  BOARD IS HEREBY CREATED, TO CONSIST OF
NINE MEMBERS. THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  AND
THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT THREE MEMBERS. THE GOVER-
NOR'S  APPOINTEES  SHALL  BE  COMPRISED  OF  A REPRESENTATIVE OF A MAJOR
ELEVATOR MANUFACTURING COMPANY, AN ELEVATOR  INSPECTOR  AND  A  BUILDING
OWNER,  MANAGER  OR  REPRESENTATIVE;  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE'S APPOINTEES SHALL BE COMPRISED OF AN ELEVATOR SERVICING COMPANY,
AN ELEVATOR ARCHITECTURAL DESIGNER OR CONSULTANT, AND AN INDIVIDUAL FROM
AN ELEVATOR INDUSTRY ASSOCIATION; THE SPEAKER OF THE ASSEMBLY'S APPOINT-
EES SHALL BE COMPRISED OF AN ELEVATOR CONTRACTOR EMPLOYEE  LABOR  UNION,
AN  ELEVATOR  MECHANIC, AND A FIRE MARSHAL. THE COMMISSIONERS OF HEALTH,
LABOR, EDUCATION, AND ECONOMIC DEVELOPMENT OR THEIR DESIGNEES  SHALL  BE
EX-OFFICIO MEMBERS. THE BOARD SHALL MEET ON AN AS NEEDED BASIS TO ADVISE
THE  COMMISSIONER ON THE IMPLEMENTATION OF THIS ARTICLE. THE BOARD SHALL
ELECT A CHAIRPERSON TO SERVE FOR THE TERM OF THEIR  APPOINTMENT  TO  THE
BOARD.    THE  BOARD SHALL PREPARE AN ANNUAL REPORT FOR THE GOVERNOR AND
THE LEGISLATURE, COPIES OF WHICH SHALL BE SENT TO THE  COMMISSIONERS  OF
HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, AND LABOR.
  2. THE FIRST MEMBER APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT
OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE A TERM OF ONE
YEAR; THE SECOND MEMBER APPOINTED BY EACH SHALL HAVE A TERM OF TWO YEARS

S. 5137--A                         12

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.
  4. THE DUTIES OF THE BOARD ARE AS FOLLOWS:
  (A)  ASSIST  THE  COMMISSIONER  AND THE DEPARTMENT IN ESTABLISHING THE
STATE REGULATIONS FOR EQUIPMENT COVERED BY THIS ARTICLE;
  (B) DEVELOP RECOMMENDATIONS FOR  AN  ENFORCEMENT  PROGRAM  WHICH  WILL
ENSURE  COMPLIANCE  WITH THE REGULATIONS AND REQUIREMENTS PROMULGATED BY
THE COMMISSIONER PURSUANT TO THIS ARTICLE;
  (C) ASSIST THE COMMISSIONER IN GRANTING EXCEPTIONS AND VARIANCES  FROM
THE  LITERAL  REQUIREMENTS  OF  THE APPLICABLE CODE AND STANDARDS, REGU-
LATIONS, AND LOCAL LEGISLATION, IN CASES WHERE SUCH VARIANCES WOULD  NOT
JEOPARDIZE THE PUBLIC SAFETY AND WELFARE;
  (D)  ASSIST  THE  COMMISSIONER  IN SETTING FEE SCHEDULES FOR LICENSES,
PERMITS, AND INSPECTIONS. THE FEES SHALL REFLECT THE  ACTUAL  COSTS  AND
EXPENSES TO CONDUCT THE DUTIES AS DESCRIBED IN THIS ARTICLE; AND
  (E) ASSIST THE COMMISSIONER IN ANY AND ALL THINGS NECESSARY OR CONVEN-
IENT  TO THE COMMISSIONER'S DUTY TO CARRY OUT THE PURPOSES OF THIS ARTI-
CLE.
  § 958. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO
THE PRACTICE, CONDUCT, ACTIVITIES, OR SERVICES BY A PERSON  LICENSED  TO
PRACTICE  ARCHITECTURE WITHIN THIS STATE PURSUANT TO ARTICLE ONE HUNDRED
FORTY-SEVEN OF THE EDUCATION LAW OR ENGINEERING WITHIN THIS STATE PURSU-
ANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW.
  § 2. The state finance law is amended by adding a new section  97-pppp
to read as follows:
  §  97-PPPP.  ELEVATOR  AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE  STATE  COMPTROLLER
THE ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
  2.  SUCH  FUND  SHALL  CONSIST  OF  MONEYS  COLLECTED  PURSUANT TO THE
PROVISIONS OF ARTICLE THIRTY-THREE OF THE LABOR LAW.
  3. MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF  LABOR
FOR  PURPOSES  OF  OFFSETTING  THE COSTS INCURRED BY THE COMMISSIONER OF
LABOR FOR THE ADMINISTRATION OF ARTICLE THIRTY-THREE OF THE  LABOR  LAW,
INCLUDING  THE ADMINISTRATION OF ELEVATOR AND RELATED CONVEYANCES SAFETY
PROGRAMS, THE ADMINISTRATION OF LICENSES AND PERMITS, AND  THE  ADMINIS-
TRATION  OF CERTIFICATES OF OPERATION AS SET FORTH IN SUCH ARTICLE THIR-
TY-THREE.
  4. THE MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OR HIS OR HER DESIGNEE.
  5.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THE FUND UNTIL  A  CERTIFICATE  OF  ALLO-
CATION  AND  A  SCHEDULE  OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, AND A COPY  OF  SUCH  CERTIF-
ICATE  FILED  WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE AMENDED FROM

S. 5137--A                         13

TIME TO TIME BY THE DIRECTOR OF THE BUDGET  AND  A  COPY  OF  EACH  SUCH
AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly,  the  addition,  amendment and/or repeal of any rules or regulations
necessary for the implementation of this act on its effective date,  and
the  appointment  of  the  New  York state elevator safety and standards
board, are authorized and directed to be established, made and completed
on or before such effective date.