S T A T E O F N E W Y O R K
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9018
I N S E N A T E
June 13, 2018
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Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the administrative code of the city of New York, in
relation to the licensing of approved elevator agency directors,
inspectors, and technicians performing elevator work in the city of
New York; and to repeal the definition of private elevator inspection
agency in section 28-401.3 of the administrative code of the city of
New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The undesignated paragraph subtitled "private elevator
inspection agency" of section 28-401.3 of the administrative code of the
city of New York is REPEALED and three new undesignated paragraphs are
added following the undesignated paragraph subtitled "direct employ" to
read as follows:
ELEVATOR AGENCY. AN APPROVED AGENCY AUTHORIZED BY THE COMMISSIONER TO
PERFORM ELEVATOR WORK AND TO INSPECT AND TEST ELEVATORS, ESCALATORS AND
OTHER CONVEYING EQUIPMENT REGULATED BY THIS CODE.
ELEVATOR AGENCY HELPER. AN INDIVIDUAL HAVING REQUIRED QUALIFICATIONS
TO PERFORM ELEVATOR WORK, AS DEFINED IN THIS CHAPTER, UNDER THE DIRECT
AND CONTINUING SUPERVISION OF AN ELEVATOR AGENCY DIRECTOR, AND IN THE
PRESENCE OF A LICENSED ELEVATOR AGENCY TECHNICIAN.
ELEVATOR WORK. ALTERATION, ASSEMBLY, INSTALLATION, MAINTENANCE,
REPAIR, REPLACEMENT AND MODERNIZATION WORK, AS DEFINED BY ASME A17.1 AS
MODIFIED BY APPENDIX K OF THE NEW YORK CITY BUILDING CODE, PERFORMED ON
CONVEYANCES REGULATED BY THIS CODE OR OTHER APPLICABLE LAWS OR RULES.
ELEVATOR WORK DOES NOT INCLUDE MATERIAL HOISTS, PLATFORM LIFTS, STAIR
CHAIR LIFTS, OR PERSONNEL HOISTS.
§ 2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
tive code of the city of New York, as added by section 91 of part A of
local law number 141 of the city of New York for the year 2013, are
amended to read as follows:
ARTICLE 421
[PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16304-01-8
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§ 28-421.1 [Private elevator inspection] ELEVATOR agency director
license required. [Only private elevator inspection agencies may] IT
SHALL BE UNLAWFUL TO PERFORM ELEVATOR WORK AS DEFINED BY THIS CHAPTER OR
perform and/or witness inspections and tests or enter into contracts
pursuant to article 304 of chapter 3 of this code UNLESS LICENSED PURSU-
ANT TO THIS ARTICLE. Each [such] ELEVATOR agency shall designate one
director in responsible charge who shall be licensed pursuant to this
article. The designated director in responsible charge shall be in the
direct employ of the agency and shall supervise all the operations of
the agency. ALL ELEVATOR WORK SHALL BE PERFORMED BY INDIVIDUALS WHO ARE
UNDER THE DIRECT AND CONTINUING SUPERVISION OF THE ELEVATOR AGENCY
DIRECTOR AS DEFINED IN SECTION 28-401.3 OF THIS CHAPTER. All ELEVATOR
work performed by such agency pursuant to article 304 of chapter 3 of
this code shall be performed by or [under the direct and continuing
supervision of the designated director in responsible charge] IN THE
PRESENCE OF A LICENSED ELEVATOR AGENCY DIRECTOR OR TECHNICIAN.
§ 28-421.1.1 Additional directors. In addition to the designated
director in responsible charge, the agency may have other individuals in
its employ who may be issued [private] elevator [inspection] agency
director licenses pursuant to this article. [Notwithstanding any other
provision of this chapter, such individuals may only perform inspections
or other work pursuant to article 304 of chapter 3 of this code under
the direct and continuing supervision of the designated director in
responsible charge.]
§ 28-421.2 Qualifications. All applicants for [a private] AN elevator
[inspection] agency director license shall submit satisfactory proof
establishing that the applicant HAS SATISFACTORILY COMPLETED, WITHIN TWO
YEARS PRIOR TO THE DATE OF APPLICATION, A COURSE THAT IS AT LEAST THIRTY
HOURS IN LENGTH AND APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR
AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUS-
TRY TRAINING; AND ALSO SATISFIES ONE OF THE FOLLOWING:
1. Has at least ten years of practical experience in the supervision
of the assembly, installation, maintenance, repair, design or inspection
of elevators within the fifteen years prior to application; or
2. Is an engineer or architect and has at least five years experience
in the supervision of the assembly, installation, maintenance, repair,
REVIEW AND APPROVAL OF design DOCUMENTS or inspection of elevators with-
in the seven years prior to application.
§ 28-421.3 [Director restriction] RESTRICTION. Each [private] eleva-
tor [inspection] agency director shall SUPERVISE AND perform ELEVATOR
work OR INSPECTIONS AND TESTS pursuant to article 304 of chapter 3 of
this code for only one [private] elevator [inspection] agency, and shall
not inspect and/or test elevators or PERFORM ELEVATOR WORK ON related
devices as an inspector [or], director OR ELEVATOR AGENCY HELPER for any
other [private] elevator [inspection] agency.
§ 28-421.4 Place of business. Every licensed [private] elevator
[inspection] agency shall have a place of business within the city IN
CONFORMANCE WITH DEPARTMENT RULES AND REGULATIONS.
ARTICLE 422
[PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE
§ 28-422.1 [Private elevator inspection agency] ELEVATOR AGENCY
inspector license required. [Individuals who] IT SHALL BE UNLAWFUL TO
witness and/or perform inspections and tests on behalf of [a private] AN
elevator [inspection] agency pursuant to article 304 of chapter 3 of
this code [shall be] UNLESS licensed pursuant to this article. Licensed
inspectors shall perform such work under the direct and continuing
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supervision of a designated director in responsible charge licensed
pursuant to article 421 of this chapter.
§ 28-422.2 Qualifications. [Applicants] ALL APPLICANTS for [a private]
AN elevator agency inspector license shall submit satisfactory proof
establishing that the applicant HAS SATISFACTORILY COMPLETED, WITHIN TWO
YEARS PRIOR TO THE DATE OF APPLICATION, A COURSE THAT IS AT LEAST TEN
HOURS IN LENGTH AND APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR
AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUS-
TRY STANDARDS; AND ALSO SATISFIES THE FOLLOWING:
1. Has at least seven years of practical experience in the [assembly,
installation, repair, design, or] inspection of elevators, or as an
elevator mechanic within the ten years prior to application.
§ 28-422.3 [Inspector restriction] RESTRICTION. Each [private] eleva-
tor [inspection] agency inspector shall perform work pursuant to article
304 of chapter 3 of this code for only one [private] elevator
[inspection] agency, and shall not witness and/or perform inspections
and/or test elevators or related devices as an inspector, TECHNICIAN or
director for any other [private] elevator [inspection] agency.
§ 3. Chapter 4 of title 28 of the administrative code of the city of
New York is amended by adding two new articles 425 and 426 to read as
follows:
ARTICLE 425
ELEVATOR AGENCY TECHNICIAN LICENSE
§ 28-425.1 ELEVATOR AGENCY TECHNICIAN LICENSE REQUIRED. IT SHALL BE
UNLAWFUL TO PERFORM ELEVATOR WORK AS DEFINED IN THIS CHAPTER, UNLESS
THAT WORK IS PERFORMED BY OR IN THE PRESENCE OF AN ELEVATOR AGENCY TECH-
NICIAN AND UNDER THE DIRECT AND CONTINUING SUPERVISION OF A DESIGNATED
DIRECTOR OF AN ELEVATOR AGENCY LICENSED PURSUANT TO ARTICLE 421 OF THIS
CHAPTER.
§ 28-425.2 QUALIFICATIONS. ALL APPLICANTS FOR AN ELEVATOR AGENCY TECH-
NICIAN'S LICENSE SHALL SUBMIT SATISFACTORY PROOF ESTABLISHING THAT THE
APPLICANT HAS SATISFACTORILY COMPLETED, WITHIN TWO YEARS PRIOR TO THE
DATE OF APPLICATION, A COURSE THAT IS AT LEAST TEN HOURS IN LENGTH AND
APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR AND THE OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUSTRY TRAINING; AND ALSO
SATISFIES ONE OF THE FOLLOWING:
1. HAS SATISFACTORILY COMPLETED A DEPARTMENT SPONSORED EXAM AND HAS AT
LEAST FIVE YEARS OF PRACTICAL EXPERIENCE IN THE ALTERATION, ASSEMBLY,
INSTALLATION, MAINTENANCE, REPAIR, DESIGN, OR INSPECTION OF ELEVATORS
WITHIN THE TEN YEARS PRIOR TO APPLICATION; OR
2. SUCCESSFUL COMPLETION OF A TRAINING PROGRAM OF AT LEAST FOUR YEARS
FOR ELEVATOR MAINTENANCE, INSTALLATION OR REPAIR, REGISTERED WITH THE
BUREAU OF APPRENTICESHIP AND TRAINING, UNITED STATES DEPARTMENT OF LABOR
OR A NEW YORK STATE APPRENTICESHIP COUNCIL, INCLUDING BUT NOT LIMITED TO
THE NATIONAL ELEVATOR INDUSTRY ELEVATOR EDUCATIONAL PROGRAM.
ARTICLE 426
ELEVATOR AGENCY HELPER
§ 28-426.1 QUALIFICATIONS. THE AGENCY MAY, BY RULE, ESTABLISH QUALI-
FICATIONS FOR ELEVATOR AGENCY HELPERS.
§ 4. Section 28-304.6.1 of the administrative code of the city of New
York, as amended by section 61 of part A of local law number 141 for the
year 2013, is amended to read as follows:
§ 28-304.6.1 Inspection and testing entities. The required periodic
inspections in Table N1 shall be made by the department. The other tests
and inspections in Table N1 shall be performed on behalf of the owner by
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an approved agency in accordance with this code and department rules.
Where indicated in Table N1, tests and inspections shall be witnessed by
an approved agency not affiliated with the agency performing the test,
AND NOT AFFILIATED WITH THE AGENCY PERFORMING THE ELEVATOR WORK. Not
affiliated, as used in this section, shall mean the approved agency
owners, directors and inspectors shall be independent of all relative
approved agencies, maintenance firms or other entities providing any
associated services to the device owner. Such other tests and
inspections shall comply with the timeframes established as follows:
1. Category 1 inspections and tests shall be performed between January
1st and December 31st of each year at a minimal time interval of six
months from the date of the previous Category 1 testing. Category 1
tests are required on new installations the calendar year following
final acceptance test.
2. Category 3 inspections and tests for water hydraulics shall be
performed every three years on or before the anniversary month of the
last Category 3 testing.
3. Category 5 inspections and tests shall be performed every five
years on or before the month of the final acceptance test for new eleva-
tors or the anniversary month of the last Category 5 testing.
§ 5. This act shall take effect three years after it shall have become
a law. Effective immediately, any rules and regulations necessary for
the timely implementation of this act on its effective date shall be
promulgated on or before such date.