S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7306
 
                             I N  S E N A T E
 
                             January 17, 2020
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 requiring the licensing of
   persons engaged in the design, construction, inspection,  maintenance,
   alteration,  and repair of elevators and other automated people moving
   devices; to amend the state finance law, in relation  to  availability
   of  funds  from  the  elevator  and related conveyances safety program
   account; to amend the administrative code of the city of New York,  in
   relation  to the definition of elevator work and elevator agency tech-
   nician license qualifications and exemptions; to amend  part  B  of  a
   chapter  of  the laws of 2019, amending the administrative code of the
   city of New York relating to the licensing of approved elevator agency
   directors, inspectors, and technicians performing elevator work in the
   city of New York as proposed in legislative bills  numbers  S.  4080-C
   and A. 4509-A, in relation to the effectiveness thereof; to amend part
   A  of  a  chapter  of the laws of 2019, amending the labor law and the
   state finance law relating  to  requiring  the  licensing  of  persons
   engaged  in  the design, construction, inspection, maintenance, alter-
   ation, and repair of  elevators  and  other  automated  people  moving
   devices,  as  proposed  in  legislative bills numbers S. 4080-C and A.
   4509-A, in  relation  to  the  effectiveness  thereof;  and  repealing
   certain provisions of the labor law and the administrative code of the
   city of New York relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 33 of the labor law, as added by section 1 of  part
 A of a chapter of the laws of 2019, 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  people  moving devices, as
 proposed in legislative bills  numbers  S.  4080-C  and  A.  4509-A,  is
 REPEALED and a new article 33 is added to read as follows:
                                ARTICLE 33
                ELEVATORS AND OTHER CONVEYANCES; LICENSING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05563-13-0

 S. 7306                             2
 
 SECTION 950. APPLICATION.
         951. DEFINITIONS.
         952. LICENSING AND COMPLIANCE REQUIREMENTS.
         953. LICENSE PROCEDURE.
         954. QUALIFICATIONS, TRAINING, AND CONTINUING EDUCATION.
         955. POWERS OF THE COMMISSIONER.
         956. NEW  YORK  STATE  ELEVATOR  SAFETY  AND  STANDARDS ADVISORY
                BOARD.
         957. EXEMPT PERSONS.
   § 950. APPLICATION. 1. THIS ARTICLE COVERS LICENSING OF BUSINESSES AND
 OCCUPATIONS  THAT  ENGAGE   IN   DESIGN,   CONSTRUCTION,   INSTALLATION,
 INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND REPAIR OF THE
 FOLLOWING EQUIPMENT:
   (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 NON-RESIDENTIAL STAIR-
 WAY 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-ONE
 OF THIS ARTICLE; AND
   (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH  AN  EXCLUSIVE
 RIGHT-OF-WAY.  THIS EQUIPMENT INCLUDES, BUT IS NOT LIMITED TO, AUTOMATED
 PEOPLE MOVERS.
   2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
   (A) PERSONNEL AND 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) STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES; AND
   (O) 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 PROVISIONS OF THIS ARTICLE SHALL  NOT  APPLY  TO  THE
 OWNERS  OR LESSEES OF PRIVATE RESIDENCES WHO DESIGN, CONSTRUCT, INSTALL,
 ALTER, REPAIR, SERVICE, OR MAINTAIN CONVEYANCES THAT ARE LOCATED OR WILL
 BE LOCATED IN SUCH OWNER OR LESSEE'S  PRIVATE  RESIDENCE.  HOWEVER,  ANY
 PERSON  HIRED  TO  DESIGN,  CONSTRUCT,  INSTALL, ALTER, REPAIR, SERVICE,

 S. 7306                             3

 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. NO LICENSE SHALL BE REQUIRED FOR THE OUTFITTING, REMOVAL, REFINISH-
 ING, OR REPLACEMENT OF INTERIOR FINISHES, INCLUDING  WALL  PANELS,  DROP
 CEILINGS,  HANDRAILS  AND  FLOORING,  REMOVAL OR REPLACEMENT OF INTERIOR
 LIGHTING, RECLADDING OF DOORS, TRANSOMS AND FRONT RETURN PANELS, FINISH-
 ING, OR ORNAMENTAL WORK ON CAR OPERATING PANELS.
   6. 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.
   7. ANY MUNICIPAL CORPORATION MAY WAIVE LICENSING FEES FOR ANY INDIVID-
 UAL  SEEKING  AN  ELEVATOR  LICENSE,  OR ITS EQUIVALENT, OFFERED BY SUCH
 MUNICIPAL CORPORATION IF SUCH INDIVIDUAL HOLDS  AN  ELEVATOR  MECHANIC'S
 LICENSE  PURSUANT  TO THIS ARTICLE; PROVIDED, HOWEVER, THAT ANY ELEVATOR
 MECHANIC'S LICENSE, OR ITS EQUIVALENT, OFFERED  BY  A  MUNICIPAL  CORPO-
 RATION  SHALL  NOT BE INCONSISTENT WITH THE REQUIREMENTS OF THIS ARTICLE
 AND NOTHING HEREIN SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE
 OF ADDITIONAL REQUIREMENTS.
   § 951. 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. "ACCESSIBILITY  LIFT"  MEANS  ELEVATORS  OR  CONVEYANCES  THAT  ARE
 INTENDED  FOR TRANSPORTATION OF PERSONS WITH DISABILITIES, SUCH AS PLAT-
 FORM LIFTS AND STAIRWAY CHAIRLIFTS, INCLUDING EQUIPMENT COVERED  BY  THE
 PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHANICAL ENGINEERS) A18.1 2017
 SAFETY STANDARD FOR PLATFORM LIFTS AND STAIRWAY CHAIRLIFTS.
   3.  "ACCESSIBILITY LIFT TECHNICIAN" MEANS A PERSON WHO PERFORMS ACCES-
 SIBILITY LIFT WORK.
   4. "ACCESSIBILITY LIFT TECHNICIAN'S LICENSE" MEANS A RESTRICTED ELEVA-
 TOR MECHANIC'S LICENSE THAT AUTHORIZES THE HOLDER TO ENGAGE IN  ACCESSI-
 BILITY LIFT WORK.
   5.  "ACCESSIBILITY  LIFT WORK" MEANS ELEVATOR AND CONVEYANCE WORK THAT
 IS RESTRICTED TO ACCESSIBILITY LIFTS.
   6. "BUSINESS LICENSE" MEANS A LICENSE THAT AUTHORIZES  THE  HOLDER  TO
 ENGAGE  IN THE BUSINESS OF ELEVATOR AND CONVEYANCE WORK, OR ELEVATOR AND
 CONVEYANCE INSPECTIONS.
   7. "ELEVATOR AND CONVEYANCE WORK"  MEANS  PERFORMING  ACTIVITIES  THAT
 INCLUDE  THE  DESIGN,  CONSTRUCTION, INSTALLATION, TESTING, MAINTENANCE,
 ALTERATION, SERVICE, AND REPAIR OF ANY ELEVATOR OR CONVEYANCE.
   8. "ELEVATOR OR CONVEYANCE" MEANS ANY EQUIPMENT  IDENTIFIED  IN  PARA-
 GRAPHS  (A) THROUGH (D) OF SUBDIVISION ONE OF SECTION NINE HUNDRED FIFTY
 OF THIS ARTICLE, INCLUDING ANY ELEVATOR, DUMBWAITER,  ESCALATOR,  MOVING
 SIDEWALK,  PLATFORM LIFTS, NON-RESIDENTIAL STAIRWAY CHAIRLIFTS AND AUTO-
 MATED PEOPLE MOVERS.  ELEVATOR OR CONVEYANCE SHALL NOT MEAN  ANY  EQUIP-
 MENT IDENTIFIED IN SUBDIVISION TWO OF SECTION NINE HUNDRED FIFTY OF THIS
 ARTICLE.
   9.   "ELEVATOR   AND  CONVEYANCE  INSPECTIONS"  MEANS  PERFORMING  THE
 INSPECTION OR ANY RELATED TESTING OF ANY  ELEVATOR  OR  CONVEYANCE,  BUT
 DOES  NOT  INCLUDE  GOVERNMENT  REGULATORY  INSPECTIONS  PERFORMED BY AN

 S. 7306                             4
 
 AUTHORITY HAVING JURISDICTION TO ENFORCE ANY APPLICABLE  BUILDING  CODES
 AND ANY ELEVATOR CODES.
   10.  "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH
 A CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS.
   11. "ELEVATOR OR CONVEYANCE COMPONENT" MEANS ANY ELEVATOR  OR  CONVEY-
 ANCE,  OR  ANY PARTS, COMPONENTS, OR SUBSYSTEMS THEREOF, OR ANY COMBINA-
 TION THEREOF.
   12. "ELEVATOR CONTRACTOR" MEANS ANY BUSINESS THAT ENGAGES IN  ELEVATOR
 AND CONVEYANCE WORK.
   13.  "ELEVATOR  HELPER/APPRENTICE/ASSISTANT MECHANIC" MEANS ANY PERSON
 WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
   14. "ELEVATOR INSPECTOR" MEANS ANY PERSON WHO  PERFORMS  ELEVATOR  AND
 CONVEYANCE  INSPECTIONS,  WHETHER  INDIVIDUALLY  OR  THROUGH AN ELEVATOR
 INSPECTION CONTRACTOR OR PUBLIC EMPLOYER.
   15. "ELEVATOR INSPECTION CONTRACTOR" MEANS ANY BUSINESS THAT  PERFORMS
 ELEVATOR AND CONVEYANCE INSPECTIONS.
   16.  "ELEVATOR  MECHANIC"  MEANS  ANY PERSON WHO PERFORMS ELEVATOR AND
 CONVEYANCE WORK.
   17. "ESCALATOR" MEANS A POWER-DRIVEN,  INCLINED,  CONTINUOUS  STAIRWAY
 USED FOR RAISING OR LOWERING PASSENGERS.
   18.  "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  THAT  HAS BEEN
 COMPLETED OR IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE  OF  THIS
 ARTICLE.
   19.  "LICENSE"  MEANS  A  CREDENTIAL  DULY  ISSUED BY THE COMMISSIONER
 AUTHORIZING THE HOLDER TO ENGAGE A BUSINESS OR AN OCCUPATION WHOSE SCOPE
 INCLUDES ACCESSIBILITY LIFT WORK, OR ELEVATOR AND  CONVEYANCE  WORK,  OR
 ELEVATOR AND CONVEYANCE INSPECTIONS.
   20.  "ELEVATOR  CONTRACTOR'S  LICENSE"  MEANS  A BUSINESS LICENSE THAT
 ENTITLES THE HOLDER THEREOF TO ENGAGE IN THE BUSINESS  OF  ELEVATOR  AND
 CONVEYANCE WORK IN THIS STATE.
   21.  "ELEVATOR  INSPECTION  CONTRACTOR'S  LICENSE"  MEANS  A  BUSINESS
 LICENSE THAT ENTITLES THE HOLDER THEREOF TO ENGAGE IN  THE  BUSINESS  OF
 ELEVATOR AND CONVEYANCE INSPECTIONS IN THIS STATE.
   22.  "ELEVATOR  MECHANIC'S LICENSE" MEANS AN OCCUPATIONAL LICENSE THAT
 ENTITLES THE HOLDER THEREOF TO ENGAGE IN ELEVATOR AND CONVEYANCE WORK IN
 THIS STATE FOR A LICENSED ELEVATOR CONTRACTOR.
   23. "ELEVATOR INSPECTOR'S LICENSE" MEANS AN OCCUPATIONAL LICENSE  THAT
 ENTITLES   THE   HOLDER  THEREOF  TO  PERFORM  ELEVATOR  AND  CONVEYANCE
 INSPECTIONS IN THIS STATE FOR A LICENSED ELEVATOR INSPECTION CONTRACTOR.
   24. "ELEVATOR ACCESSIBILITY TECHNICIAN'S  LICENSE"  MEANS  AN  OCCUPA-
 TIONAL  LICENSE  THAT  ENTITLES THE HOLDER THEREOF TO ENGAGE IN ELEVATOR
 AND CONVEYANCE WORK IN THIS STATE THAT IS RESTRICTED TO  PLATFORM  LIFTS
 INCLUDING THOSE INSTALLED IN PRIVATE RESIDENCES WHICH ARE COVERED BY THE
 PROVISIONS  OF ASME (AMERICAN SOCIETY OF MECHANICAL ENGINEERS) CODES AND
 STANDARDS A18.1 2017 SAFETY STANDARD FOR  PLATFORM  LIFTS  AND  STAIRWAY
 CHAIRLIFTS AND ANY SUCCESSOR STANDARD FOR JUST PLATFORM LIFTS AND STAIR-
 WAY  CHAIRLIFTS.  AN  APPLICANT  FOR  SUCH  A  RESTRICTED  LICENSE SHALL
 COMPLETE AN APPLICATION APPROVED BY THE COMMISSIONER AND SHALL  HAVE  AT
 LEAST THREE YEARS VERIFIED WORK EXPERIENCE IN CONSTRUCTING, MAINTAINING,
 AND  REPAIRING  SUCH  LIFTS AND SHALL PROVIDE THE COMMISSIONER A CERTIF-
 ICATE OF COMPLETION OF AN ACCESSIBILITY TRAINING PROGRAM FOR LIFTS UNDER
 THE SCOPE OF A18.1 2017 SUCH AS THE CERTIFIED ACCESSIBILITY AND  PRIVATE
 RESIDENCE  LIFT TECHNICIAN (CAT) TRAINING PROVIDED BY THE NATIONAL ASSO-
 CIATION OF ELEVATOR CONTRACTORS (NAEC),  OR  AN  EQUIVALENT  PROGRAM  AS
 DETERMINED BY THE COMMISSIONER.

 S. 7306                             5
 
   25.  "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.
   26.  "OCCUPATIONAL LICENSE" MEANS A LICENSE THAT AUTHORIZES THE HOLDER
 TO ENGAGE IN ACCESSIBILITY LIFT WORK, OR ELEVATOR AND CONVEYANCE WORK OR
 ELEVATOR AND CONVEYANCE INSPECTIONS.
   27. "PERSON" MEANS ANY NATURAL PERSON.
   28. "BUSINESS" MEANS ANY CORPORATION, OR INSTRUMENTALITY OF  A  CORPO-
 RATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPORATED ASSOCIATION, FIRM,
 PARTNERSHIP,  LIMITED LIABILITY COMPANY, CORPORATION, OR ANY OTHER ENTI-
 TY, OR ANY OWNER OR OPERATOR OF ANY OF THE FOREGOING ENTITIES.
   29. "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.
   30.  "REPAIR"  MEANS  RECONDITIONING  OR  RENEWAL  OF  ANY ELEVATOR OR
 CONVEYANCE OR COMPONENT NECESSARY TO KEEP SUCH EQUIPMENT  IN  COMPLIANCE
 WITH APPLICABLE CODE REQUIREMENTS.
   31. "ALTERATION" MEANS ANY CHANGE TO ANY CONVEYANCE OR COMPONENT OTHER
 THAN  MAINTENANCE,  REPAIR,  OR  REPLACEMENT,  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.
   32. "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.
   33. "CONSTRUCTION" MEANS  THE  ACT  OR  PROCESS  OF  CONSTRUCTING  ANY
 CONVEYANCE,  AND  INCLUDES  VERTICALLY  CONSTRUCTING  OR  CONNECTING ANY
 CONVEYANCE OR PART OR SYSTEM THEREOF.
   34. "INSPECTION" MEANS A CRITICAL EXAMINATION, OBSERVATION, OR  EVALU-
 ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE.
   35. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE.
   36. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION,
 CLEANING, AND ADJUSTMENT OF ANY CONVEYANCE OR COMPONENTS FOR THE PURPOSE
 OF  ENSURING PERFORMANCE IN ACCORDANCE WITH ANY APPLICABLE CODE REQUIRE-
 MENTS.
   37. "SERVICE OR SERVICING" MEANS A SERVICE CALL OR  OTHER  UNSCHEDULED
 VISIT,  NOT  INCLUDING ROUTINE MAINTENANCE OR A REPAIR, TO TROUBLESHOOT,
 ADJUST OR REPAIR AN IMPROPERLY FUNCTIONING OR  AN  OTHERWISE  SHUT  DOWN
 CONVEYANCE.
   38.  "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 AN ELEVATOR INSPECTOR; OR (B) AS DETERMINED BY STATE OR  LOCAL
 LAW, CODE, RULE, OR REGULATION.
   39.  "PERSONNEL  AND  MATERIAL  HOISTS"  MEANS RACK AND PINION HOISTS,
 ALIMAKS, AND MACHINES OF A SIMILAR  NATURE  USED  FOR  THE  HOISTING  OF
 CONSTRUCTION  MATERIAL,  EQUIPMENT  AND  PERSONNEL,  OR  THE  REMOVAL OF
 DEBRIS, ALL DURING THE CONSTRUCTION, RENOVATION, AND/OR DEMOLITION PHASE
 OF ANY CONSTRUCTION PROJECT WHETHER AN INSIDE OR OUTSIDE HOIST.
   40. "INSTALLATION" MEANS TO PLACE OR FIX ANY CONVEYANCE  OR  COMPONENT
 IN POSITION FOR OPERATION.

 S. 7306                             6
 
   41. "SUBSIDIARY" MEANS AN ENTITY THAT IS CONTROLLED DIRECTLY, OR INDI-
 RECTLY  THROUGH ONE OR MORE INTERMEDIARIES, BY AN ELEVATOR CONTRACTOR OR
 ELEVATOR INSPECTION CONTRACTOR OR BY SUCH CONTRACTOR'S PARENT COMPANY.
   42.  "SUCCESSOR" MEANS AN ENTITY ENGAGED IN WORK SUBSTANTIALLY SIMILAR
 TO THAT OF THE PREDECESSOR, WHERE THERE  IS  SUBSTANTIAL  CONTINUITY  OF
 OPERATION WITH THAT OF THE PREDECESSOR.
   43.  "BOARD"  MEANS  THE  NEW YORK STATE ELEVATOR SAFETY AND STANDARDS
 ADVISORY BOARD ESTABLISHED BY SECTION NINE  HUNDRED  FIFTY-SIX  OF  THIS
 ARTICLE.
   §  952.  LICENSING AND COMPLIANCE REQUIREMENTS. 1. EXCEPT AS OTHERWISE
 PROVIDED FOR IN SUBDIVISIONS THREE,  FOUR,  AND  FIVE  OF  SECTION  NINE
 HUNDRED  FIFTY OF THIS ARTICLE, IT SHALL BE UNLAWFUL FOR ANY BUSINESS OR
 PERSON:
   (A) TO ENGAGE IN THE BUSINESS OF  ELEVATOR  AND  CONVEYANCE  WORK,  OR
 ACCESSIBILITY  LIFT WORK, OR HOLD THEMSELVES OUT AS AN ELEVATOR CONTRAC-
 TOR, OR BOTH, UNLESS SUCH  PERSON  OR  BUSINESS  HAS  A  VALID  ELEVATOR
 CONTRACTOR'S LICENSE; OR
   (B)  TO ENGAGE IN THE BUSINESS OF ELEVATOR AND CONVEYANCE INSPECTIONS,
 OR HOLD THEMSELVES OUT AS AN ELEVATOR  INSPECTION  CONTRACTOR,  OR  BOTH
 UNLESS  SUCH PERSON OR BUSINESS HAS A VALID ELEVATOR INSPECTION CONTRAC-
 TOR'S LICENSE; OR
   (C) ANY COMBINATION OF THE ABOVE.
   2. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE,  FOUR,  AND
 FIVE OF SECTION NINE HUNDRED FIFTY OF THIS ARTICLE, IT SHALL BE UNLAWFUL
 FOR ANY PERSON:
   (A)  TO  ENGAGE IN ELEVATOR AND CONVEYANCE WORK, OR TO HOLD THEMSELVES
 OUT AS AN ELEVATOR MECHANIC, OR BOTH, UNLESS SUCH  PERSON  HAS  A  VALID
 ELEVATOR MECHANIC'S LICENSE AND WORKS FOR A LICENSED ELEVATOR CONTRACTOR
 OR A PUBLIC ENTITY; OR
   (B) TO ENGAGE IN ACCESSIBILITY LIFT WORK, OR TO HOLD THEMSELVES OUT AS
 ACCESSIBILITY  LIFT TECHNICIANS, OR BOTH, UNLESS SUCH PERSON HAS A VALID
 ACCESSIBILITY LIFT TECHNICIAN'S LICENSE AND WORKS FOR A LICENSED  ELEVA-
 TOR CONTRACTOR OR A PUBLIC ENTITY; OR
   (C) TO ENGAGE IN ELEVATOR AND CONVEYANCE INSPECTIONS, OR TO HOLD THEM-
 SELVES  OUT  AS AN ELEVATOR INSPECTOR, OR BOTH, UNLESS SUCH PERSON HOLDS
 AN ELEVATOR INSPECTOR'S  LICENSE  AND  WORKS  FOR  A  LICENSED  ELEVATOR
 INSPECTION CONTRACTOR OR A PUBLIC ENTITY; OR
   (D)  ANY COMBINATION OF THE ABOVE, PROVIDED, HOWEVER, THAT THE INSTAL-
 LATION 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.
   3.  IT  SHALL  BE  THE  RESPONSIBILITY OF LICENSEES TO ENSURE THAT ANY
 ELEVATOR AND CONVEYANCE WORK OR ELEVATOR AND CONVEYANCE INSPECTIONS THAT
 THEY PERFORM IS IN COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND
 MAINTENANCE CODES.
   4. IT SHALL BE THE RESPONSIBILITY OF HOLDERS OF BUSINESS  LICENSES  TO
 ENSURE  THAT  THE  LICENSING REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF
 THIS SECTION ARE COMPLIED WITH BY THEIR EMPLOYEES AND BY BUSINESSES THAT
 THEY CONTRACT WITH, AND TO IMMEDIATELY REPORT TO  THE  COMMISSIONER  ANY
 FAILURES  TO  COMPLY WITH THE LICENSING REQUIREMENTS OF SUBDIVISIONS ONE
 AND TWO OF THIS SECTION BY OTHER BUSINESSES OR PERSONS THAT THEY  BECOME
 AWARE OF.
   §  953.  LICENSE  PROCEDURE.  ALL  APPLICATIONS  FOR LICENSES SHALL BE
 SUBMITTED TO THE DEPARTMENT IN WRITING ON FORMS FURNISHED BY THE COMMIS-
 SIONER AND SHALL CONTAIN THE INFORMATION SET FORTH IN  THIS  SECTION  AS

 S. 7306                             7
 
 WELL  AS  ANY  ADDITIONAL INFORMATION THAT THE COMMISSIONER MAY REQUIRE.
 THE COMMISSIONER SHALL ALSO SET FEES FOR LICENSING UNDER  THIS  SECTION.
 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.
   1. APPLICATIONS FOR BUSINESS LICENSES. EVERY APPLICATION FOR A LICENSE
 UNDER THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
   (A) THE NAME, RESIDENCE ADDRESS, AND BUSINESS ADDRESS  OF  THE  APPLI-
 CANT;
   (B)  THE  NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OR
 PRACTICE OF ELEVATOR CONTRACTING;
   (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED  BY  THE
 APPLICANT;
   (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.
   2. APPLICATION FOR OCCUPATIONAL  LICENSES.  EVERY  APPLICATION  FOR  A
 LICENSE UNDER THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
   (A) THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT;
   (B)  THE  RELEVANT  EXPERIENCE  OF  THE APPLICANT, INCLUDING YEARS, OR
 HOURS, OR BOTH, OF EXPERIENCE  IN  PERFORMING  ELEVATOR  AND  CONVEYANCE
 WORK,  OR ELEVATOR INSPECTION WORK, OR BOTH AND THE NATURE OF SUCH EXPE-
 RIENCE, AND THE NAMES OF THE ELEVATOR CONTRACTORS OR ELEVATOR INSPECTION
 CONTRACTORS THAT THE APPLICANT HAS WORKED  FOR,  INCLUDING  THE  LICENSE
 NUMBERS OF SUCH CONTRACTORS;
   (C) ANY TRAINING COMPLETED BY THE APPLICANT, INCLUDING CERTIFICATES OF
 COMPLETION;
   (D)  ANY  CONTINUING  EDUCATION  COMPLETED BY THE APPLICANT, INCLUDING
 CERTIFICATES OF COMPLETION;
   (E) THE NAME AND LICENSE NUMBER, IF KNOWN, OF THE ELEVATOR  CONTRACTOR
 OR  ELEVATOR INSPECTION CONTRACTOR THAT THE APPLICANT WORKS FOR OR SEEKS
 TO WORK FOR; AND
   (F) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
   3. THE DEPARTMENT  SHALL  MAINTAIN  AND  PUBLISH  A  REGISTRY  OF  ALL
 LICENSES  ISSUED  PURSUANT  TO  THIS SECTION AND SHALL MAKE THE REGISTRY
 AVAILABLE ON ITS WEBSITE.
   § 954. QUALIFICATIONS,  TRAINING,  AND  CONTINUING  EDUCATION.  1.  NO
 LICENSE  OR  APPLICATION FOR RENEWAL SHALL BE GRANTED TO ANY BUSINESS OR
 PERSON WHO HAS NOT PAID THE REQUIRED APPLICATION  FEE  AND  DEMONSTRATED
 HIS  OR  HER  QUALIFICATIONS AND ABILITIES, TRAINING, AND ANY APPLICABLE
 CONTINUING EDUCATION, BY OBTAINING AND MAINTAINING IN GOOD STANDING  THE
 INDUSTRY  CERTIFICATIONS AND CONTINUING EDUCATION IDENTIFIED OR REQUIRED
 IN THIS SECTION.
   (A) APPLICANTS FOR AN  ELEVATOR  MECHANIC'S  LICENSE  MUST  POSSESS  A
 CURRENT  INDUSTRY  CERTIFICATION  ISSUED  BY THE NATIONAL ASSOCIATION OF
 ELEVATOR CONTRACTORS (NAEC) AS A CERTIFIED ELEVATOR TECHNICIAN (CET), OR
 EQUIVALENT CERTIFICATION RECOGNIZED BY THE COMMISSIONER.
   (B) APPLICANTS FOR  AN  ACCESSIBILITY  LIFT  TECHNICIAN  LICENSE  MUST
 POSSESS  A CURRENT INDUSTRY CERTIFICATION ISSUED BY THE NATIONAL ASSOCI-
 ATION OF ELEVATOR CONTRACTORS (NAEC) AS A  CERTIFIED  ACCESSIBILITY  AND
 PRIVATE RESIDENCE LIFT TECHNICIAN (CAT) PROGRAM OR AN EQUIVALENT CERTIF-
 ICATION RECOGNIZED BY THE COMMISSIONER.
   (C)  APPLICANTS  FOR  AN  ELEVATOR  INSPECTOR'S LICENSE MUST POSSESS A
 CURRENT INDUSTRY CERTIFICATION ISSUED BY THE QUALIFIED ELEVATOR  INSPEC-
 TOR  TRAINING  FUND  (QEITF)  OR BY THE NATIONAL ASSOCIATION OF ELEVATOR

 S. 7306                             8
 
 SAFETY AUTHORITIES (NAESA) AS A QUALIFIED ELEVATOR INSPECTOR (QEI) OR AN
 EQUIVALENT LICENSE RECOGNIZED BY THE COMMISSIONER.
   2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO
 THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR
 MECHANICS  WHO  PERFORM  ELEVATOR  AND CONVEYANCE WORK AND HAVE PROOF OF
 COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THIS ARTICLE.
   3. APPLICANTS FOR AN ELEVATOR  INSPECTION  CONTRACTOR'S  LICENSE  MUST
 DEMONSTRATE  TO THE SATISFACTION OF THE COMMISSIONER THAT SUCH APPLICANT
 IS A CERTIFIED ELEVATOR INSPECTOR, OR EMPLOYS CERTIFIED ELEVATOR INSPEC-
 TORS, OR BOTH, TO PERFORM ELEVATOR AND CONVEYANCE INSPECTIONS  AND  HAVE
 PROOF OF COMPLIANCE WITH THE INSURANCE REQUIREMENTS OF THIS ARTICLE.
   4.  ALTERNATIVE  QUALIFICATIONS. APPLICANTS FOR AN ELEVATOR MECHANIC'S
 LICENSE OR ACCESSIBILITY LIFT TECHNICIAN'S LICENSE WHO  DO  NOT  POSSESS
 THE INDUSTRY CERTIFICATIONS IDENTIFIED ABOVE MAY DEMONSTRATE THEIR QUAL-
 IFICATIONS  AND ABILITIES, TRAINING, AND CONTINUING EDUCATION BY PROVID-
 ING ACCEPTABLE PROOF OF:
   (A) 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, SUPPLEMENTED WITH
 CONTINUING EDUCATION AS MAY BE REQUIRED BY THIS SECTION; OR
   (B) A CERTIFICATE OF SUCCESSFUL COMPLETION  OF  THE  STATE  REGISTERED
 APPRENTICESHIP PROGRAMS FOR THE APPRENTICEABLE TRADES OF ELEVATOR SERVI-
 CER  REPAIRER,  INCLUDING THE JOINT APPRENTICE AND TRAINING COMMITTEE OF
 THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW, EE DIVISION TRAINING PROGRAM, OR
 EQUIVALENT REGISTERED APPRENTICESHIP  PROGRAM  FOR  ELEVATOR  MECHANICS,
 HAVING  STANDARDS  SUBSTANTIALLY EQUIVALENT TO THOSE PROGRAMS AND REGIS-
 TERED WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S. DEPARTMENT OF
 LABOR OR A STATE APPRENTICESHIP COUNCIL,  SUPPLEMENTED  WITH  CONTINUING
 EDUCATION AS MAY BE REQUIRED BY THIS SECTION; OR
   (C)  WORK  ON ELEVATOR CONSTRUCTION, MAINTENANCE OR REPAIR WITH DIRECT
 AND IMMEDIATE SUPERVISION IN THIS STATE FOR A PERIOD OF  NOT  LESS  THAN
 FOUR  YEARS  IMMEDIATELY  PRIOR  TO  THE  EFFECTIVE DATE OF THIS ARTICLE
 SUPPLEMENTED WITH CONTINUING EDUCATION AND TESTING AS MAY BE REQUIRED BY
 THIS SECTION; OR
   (D) SUCCESSFUL COMPLETION OF AN EXAMINATION  ESTABLISHED  BY  THE  NEW
 YORK STATE CIVIL SERVICE COMMISSION OR A MUNICIPAL CIVIL SERVICE COMMIS-
 SION  HAVING  JURISDICTION AS DEFINED BY SUBDIVISION FOUR OF SECTION TWO
 OF THE CIVIL SERVICE LAW, SUBSEQUENT APPOINTMENT TO A  POSITION  RELATED
 TO WORK ON ELEVATOR CONSTRUCTION, MAINTENANCE, MECHANICS, INSPECTION, OR
 REPAIR  AS  MAY  BE  PROPERLY  CLASSIFIED  BY  THE COMMISSIONER OF CIVIL
 SERVICE OR A MUNICIPAL CIVIL SERVICE COMMISSION HAVING JURISDICTION, AND
 WORK ON ELEVATOR CONSTRUCTION, MAINTENANCE,  MECHANICS,  INSPECTION,  OR
 REPAIR, WITH DIRECT AND IMMEDIATE SUPERVISION IN THIS STATE FOR A PERIOD
 OF  NOT  LESS THAN FOUR YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF
 THIS ARTICLE SUPPLEMENTED WITH CONTINUING EDUCATION AS MAY  BE  REQUIRED
 BY THIS SECTION.
   5. CONTINUING EDUCATION. THE RENEWAL OF ALL LICENSES GRANTED UNDER THE
 PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION SHALL BE CONDITIONED UPON
 ACCEPTABLE  PROOF  OF  COMPLETION  OF  A  COURSE  DESIGNED TO ENSURE THE
 CONTINUING EDUCATION OF LICENSEES ON NEW AND EXISTING  NATIONAL,  STATE,
 AND  LOCAL CONVEYANCES CODES AND STANDARDS AND ON TECHNOLOGY AND TECHNI-
 CAL EDUCATION AND WORKPLACE SAFETY, PROVIDED THE APPLICANT WAS  NOTIFIED
 OF  THE  AVAILABILITY  OF  SUCH  COURSES WHEN THE LICENSE WAS PREVIOUSLY
 GRANTED OR RENEWED. SUCH COURSE SHALL CONSIST OF  NOT  LESS  THAN  EIGHT
 CONTACT HOURS (.8 CEU) ANNUALLY AND COMPLETED PRECEDING ANY SUCH LICENSE

 S. 7306                             9
 
 RENEWAL.  THE  COMMISSIONER  SHALL ESTABLISH REQUIREMENTS FOR CONTINUING
 EDUCATION AND TRAINING PROGRAMS, AND SHALL  APPROVE  SUCH  PROGRAMS  AND
 PROVIDERS,  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
 MAY  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.
   6. EXAMINATIONS. THE BOARD SHALL DETERMINE, IF  AFTER  THE  SUCCESSFUL
 COMPLETION  OF  THE  FIRST  RENEWAL, IF AN EXAMINATION IS WARRANTED AS A
 CONDITION OF A SUBSEQUENT RENEWAL PROVIDED THE APPLICANT WAS NOTIFIED OF
 THE AVAILABILITY OF SUCH EXAMINATION WHEN  THE  LICENSE  WAS  PREVIOUSLY
 GRANTED  OR  RENEWED.  THE  BOARD SHALL TAKE INTO CONSIDERATION PREVIOUS
 YEARS' EXPERIENCE, TRAINING, AND PREVIOUS RELEVANT EXAMINATIONS THAT THE
 APPLICANT HAS ALREADY COMPLETED.
   § 955. POWERS OF THE COMMISSIONER. 1. THE COMMISSIONER SHALL HAVE  THE
 AUTHORITY  TO  INSPECT,  OR  CAUSE TO BE INSPECTED, ONGOING OR COMPLETED
 CONVEYANCE 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 REASONABLY 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.  IF,  UPON  INVESTIGATION,  THE COMMISSIONER DETERMINES THAT THE
 ALLEGED VIOLATION EXISTS, THE COMMISSIONER MAY DEEM  SUCH  VIOLATION  TO
 CREATE A DANGEROUS CONDITION FOR PURPOSES OF SECTION TWO HUNDRED OF THIS
 CHAPTER ONLY AND MAY ISSUE A NOTICE THEREUNDER PROHIBITING FURTHER WORK.
   3. 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-TWO OF THIS ARTICLE; OR
   (E)  A  FINDING BY THE COMMISSIONER THAT A LICENSE HOLDER HAS VIOLATED
 THIS ARTICLE OR ANY RULE  OR  REGULATION  PROMULGATED  THEREUNDER  TWICE
 WITHIN  A PERIOD OF THREE YEARS, OR THAT A LICENSE HOLDER 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 LICENSE BE  REVOKED,
 BAR SUCH LICENSE HOLDER FROM BEING ELIGIBLE TO REAPPLY FOR SUCH LICENSE,
 OR  ANY OTHER LICENSE UNDER THIS ARTICLE, FOR A PERIOD NOT TO EXCEED TWO
 YEARS.
   4. (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.

 S. 7306                            10
 
   (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  PROVIDED, HOWEVER, THAT SUCH PENALTY MAY BE
 INCREASED TO AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IF THE
 VIOLATION RESULTED IN THE DEATH OF ANY INDIVIDUAL OR INDIVIDUALS.
   5. 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.
   6.  THE  BOARD  SHALL EXAMINE THE VARIOUS STATE AND LOCAL REQUIREMENTS
 AND  INDUSTRY  STANDARDS  AND  PRACTICES  WITH   RESPECT   TO   ELEVATOR
 INSPECTIONS  IN  THIS  STATE  AND  SHALL  PROVIDE RECOMMENDATIONS TO THE
 COMMISSIONER  FOR  COORDINATING  EXISTING  STATE,  LOCAL,  AND   PRIVATE
 INSPECTIONS  TO  ENSURE  THAT  ELEVATORS ARE BEING INSPECTED BY LICENSED
 INSPECTORS.
   7. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY  TO
 CARRY OUT AND EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   § 956. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS ADVISORY BOARD. 1.
 AN  ELEVATOR  SAFETY  AND STANDARDS ADVISORY BOARD IS HEREBY CREATED, TO
 CONSIST OF THIRTEEN MEMBERS. THE GOVERNOR SHALL APPOINT  SEVEN  MEMBERS,
 THE  TEMPORARY  PRESIDENT OF THE SENATE SHALL APPOINT THREE MEMBERS, AND
 THE SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS. THE  APPOINTEES
 TO  THE BOARD SHALL BE REPRESENTATIVES OF ELEVATOR MANUFACTURERS, BUILD-
 ING OWNERS OR MANAGERS, ELEVATOR INDUSTRY CONSTRUCTION WORKERS, ELEVATOR
 SERVICING COMPANIES, ELEVATOR INDUSTRY ASSOCIATIONS, ELEVATOR MECHANICS,
 OR FIRE MARSHALS. 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.
   2.  THE  MEMBERS APPOINTED PURSUANT TO THIS SECTION SHALL SERVE AT THE
 PLEASURE OF THE AUTHORITY APPOINTING  SUCH  MEMBER.  THE  MEMBERS  SHALL
 SERVE WITHOUT SALARY OR COMPENSATION, BUT SHALL BE REIMBURSED FOR NECES-
 SARY 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 MAINTENANCE, SERVICING, CONSTRUCTION, ALTERATION, INSTAL-
 LATION, AND INSPECTION OF CONVEYANCES AND THE ADEQUATE, REASONABLE,  AND
 NECESSARY QUALIFICATIONS OF ELEVATOR MECHANICS, CONTRACTORS, AND INSPEC-
 TORS.
   4.  THE  BOARD  SHALL  HAVE  THE AUTHORITY TO ADMINISTER, OVERSEE, AND
 APPROVE EXAMINATIONS FOR THE PURPOSE OF QUALIFYING  APPLICANTS  PURSUANT
 TO  SUBDIVISION  SIX OF SECTION NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE.
 IN EXERCISING THIS AUTHORITY, THE BOARD SHALL, IN ITS DISCRETION, DETER-
 MINE THE CRITERIA AND STANDARDS FOR EXAMINATIONS TO SATISFY THE REQUIRE-
 MENTS OF THIS SUBDIVISION, SUCH  AS  THE  MECHANIC  EXAMINATION  OF  THE
 NATIONAL  ELEVATOR  INDUSTRY EDUCATIONAL PROGRAM, OR AN EQUIVALENT EXAM-
 INATION RECOGNIZED BY THE BOARD, WHICH SHALL SATISFY THE REQUIREMENTS OF
 THIS SUBDIVISION.
   § 957. EXEMPT PERSONS. 1. 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 PURSUANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW.
   2.  THIS  ARTICLE  SHALL  NOT BE CONSTRUED TO APPLY TO THE OUTFITTING,
 REMOVAL, REFINISHING, OR REPLACEMENT OF INTERIOR FINISHES OF  ELEVATORS,
 INCLUDING WALL PANELS, DROP CEILINGS, HANDRAILS AND FLOORING, REMOVAL OR

 S. 7306                            11
 
 REPLACEMENT  OF  INTERIOR  LIGHTING,  RECLADDING  OF DOORS, TRANSOMS AND
 FRONT RETURN PANELS, FINISHING OR ORNAMENTAL WORK ON ELEVATOR CAR  OPER-
 ATING PANELS.
   3. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO THE OPERATION OF AN
 ELEVATOR BY ANY PERSON EMPLOYED AS AN OPERATOR OF SUCH ELEVATOR, INCLUD-
 ING  ELEVATORS  OPERATING  UNDER A TEMPORARY CERTIFICATE OF OCCUPANCY AS
 ISSUED BY THE APPROPRIATE ISSUING AGENCY.
   § 2. Subdivision 3 of section 97-ssss of the  state  finance  law,  as
 added  by section 2 of part A of a chapter of the laws of 2019, 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
 people  moving  devices,  as  proposed  in  legislative bills numbers S.
 4080-C and A. 4509-A, is amended to read as follows:
   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] LICENSES as  set  forth  in  such
 article thirty-three.
   §  3. The undesignated paragraph subtitled "elevator agency helper" of
 section 28-401.3 of the administrative code of the city of New York,  as
 added  by section 1 of part B of a chapter of the laws of 2019, amending
 the administrative code of the city of New York relating to the  licens-
 ing  of  approved elevator agency directors, inspectors, and technicians
 performing elevator work in the city of New York, as proposed in  legis-
 lative  bills  numbers  S.  4080-C  and A. 4509-A, is amended to read as
 follows:
   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].
   §  4.  The undesignated paragraph subtitled "elevator work" of section
 28-401.3 of the administrative code of the city of New York, as added by
 section 1 of part B of a chapter of  the  laws  of  2019,  amending  the
 administrative code of the city of New York relating to the licensing of
 approved elevator agency directors, inspectors, and technicians perform-
 ing  elevator  work  in the city of New York, as proposed in legislative
 bills numbers S. 4080-C and A. 4509-A, is amended to read as follows:
   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.  OUTFITTING, REMOVAL, REFINISHING, OR
 REPLACEMENT OF INTERIOR FINISHES, INCLUDING WALL PANELS, DROP  CEILINGS,
 HANDRAILS  AND  FLOORING,  REMOVAL  OR REPLACEMENT OF INTERIOR LIGHTING,
 RECLADDING OF DOORS, TRANSOMS AND  FRONT  RETURN  PANELS,  FINISHING  OR
 ORNAMENTAL WORK ON ELEVATOR CAR OPERATING PANELS SHALL NOT BE CONSIDERED
 ELEVATOR  WORK.    OPERATION OF AN ELEVATOR BY ANY PERSON EMPLOYED AS AN
 OPERATOR OF SUCH ELEVATOR, INCLUDING OPERATION OF AN ELEVATOR  OPERATING
 UNDER  A  TEMPORARY CERTIFICATE OF OCCUPANCY AS ISSUED BY THE DEPARTMENT
 OF BUILDINGS OR SUCH OTHER ISSUING AGENCY SHALL NOT BE CONSIDERED ELEVA-
 TOR WORK.

 S. 7306                            12
 
   § 5. Section 28-425.3 of the administrative code of the  city  of  New
 York,  as added by section 3 of part B of a chapter of the laws of 2019,
 amending the administrative code of the city of New York relating to the
 licensing of approved elevator agency directors, inspectors, and techni-
 cians  performing  elevator work in the city of New York, as proposed in
 legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED and a new
 section 28-425.3 is added to read as follows:
   § 28-425.3 QUALIFICATIONS. THE AGENCY MAY, BY RULE,  ESTABLISH  QUALI-
 FICATIONS  FOR  ELEVATOR  AGENCY TECHNICIANS, INCLUDING, BUT NOT LIMITED
 TO,  ACCEPTABLE  PROOF  THAT  AN  APPLICANT  HAS  WORKED   ON   ELEVATOR
 CONSTRUCTION,  MAINTENANCE  OR  REPAIR  WITH DIRECT AND IMMEDIATE SUPER-
 VISION IN THIS STATE FOR A SPECIFIED PERIOD OF TIME PRIOR TO THE  EFFEC-
 TIVE  DATE  OF  THIS  ARTICLE; PROVIDED, HOWEVER, THAT THE PROVISIONS OF
 THIS SECTION AND ANY RULES ADOPTED PURSUANT THERETO SHALL NOT BE  INCON-
 SISTENT  WITH THE REQUIREMENTS FOR ELEVATOR MECHANICS CONTAINED IN ARTI-
 CLE THIRTY-THREE OF THE LABOR LAW AND NOTHING HEREIN SHALL  PREVENT  THE
 ENACTMENT BY LOCAL LAW, ORDINANCE, OR RULE OF ADDITIONAL REQUIREMENTS.
   §  6.  The  administrative  code of the city of New York is amended by
 adding a new section 28-425.4 to read as follows:
   § 28-425.4 EXEMPTIONS. NO ELEVATOR AGENCY TECHNICIAN LICENSE SHALL  BE
 REQUIRED  FOR  THE  OUTFITTING,  REMOVAL, REFINISHING, OR REPLACEMENT OF
 INTERIOR FINISHES, INCLUDING WALL PANELS, DROP CEILINGS,  HANDRAILS  AND
 FLOORING,  REMOVAL  OR  REPLACEMENT  OF INTERIOR LIGHTING, RECLADDING OF
 DOORS, TRANSOMS AND FRONT RETURN PANELS, FINISHING OR ORNAMENTAL WORK ON
 CAR OPERATING PANELS.
   § 7. Section 28-427.6 of the administrative code of the  city  of  New
 York,  as added by section 3 of part B of a chapter of the laws of 2019,
 amending the administrative code of the city of New York relating to the
 licensing of approved elevator agency directors, inspectors, and techni-
 cians performing elevator work in the city of New York, as  proposed  in
 legislative bills numbers S. 4080-C and A. 4509-A, is REPEALED.
   §  8.  Section  5 of part B of a chapter of the laws of 2019, amending
 the administrative code of the city of New York relating to the  licens-
 ing  of  approved elevator agency directors, inspectors, and technicians
 performing elevator work in the city of New York, as proposed in  legis-
 lative  bills  numbers  S.   4080-C and A. 4509-A, is amended to read as
 follows:
   § 5. This act shall take effect [three] TWO years after it shall  have
 become  a law.   Effective immediately, any rules and regulations neces-
 sary for the timely implementation of this act  on  its  effective  date
 shall be promulgated on or before such date.
   §  9.  Section  3 of part A of a chapter of the laws of 2019, 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
 people  moving  devices,  as  proposed  in  legislative bills numbers S.
 4080-C and A. 4509-A, is amended to read as follows:
   § 3. This act shall take effect [on the one hundred eightieth day] TWO
 YEARS after it shall have become a law, provided, however,  that  effec-
 tive  immediately, the addition, amendment and/or repeal of any rules or
 regulations necessary for the implementation of this act on  its  effec-
 tive 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.
   §  10.  This act shall take effect immediately; provided, however that
 sections one and two of this act shall take effect on the same date  and

 S. 7306                            13
 
 in  the same manner as part A of a chapter of the laws of 2019, 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
 people moving devices, as  proposed  in  legislative  bills  numbers  S.
 4080-C  and A. 4509-A, takes effect; and sections three through seven of
 this act shall take effect on the same date and in the  same  manner  as
 part  B  of  a  chapter of the laws of 2019, amending the administrative
 code of the city of New York  relating  to  the  licensing  of  approved
 elevator agency directors, inspectors, and technicians performing eleva-
 tor  work  in  the  city  of  New York, as proposed in legislative bills
 numbers S. 4080-C and A. 4509-A, takes effect.