Relates to providing free fare on metropolitan transportation authority transit systems for senior citizens sixty-five years of age or older.
TITLE OF BILL: An act to amend the general business law, in relation to requiring master plumbers engaged in the installation, repair or maintenance of medical gas piping or engaged in the instruction to be licensed by the department of state
PURPOSE OR GENERAL IDEA OF THE BILL: Requires persons engaged in the installation, improvement, repair and maintenance of medical gas piping or the instruction thereof to be licensed.
SUMMARY OF PROVISIONS: 1) Defines department, medical gas Piping, and secretary. 2) License required. No person shall engage in installation, improvement, repair or maintenance unless issues a license. No person shall provide instruction regarding installation, improvement, repair or maintenance unless issued a license. 3) Powers of the secretary of state. 4) License; medical gas piping installation and maintenance. 5) License; medical gas piping instruction. 6) Violations. 7) Transition provisions.
JUSTIFICATION: New York State has a very vast array of villages, towns, counties and cities that have differing requirements for the installation of medical gas systems. Some require a licensed master plumber, some require a permit, some require a certification report after completion and some require nothing at all. Where a master plumber's license is required, installers work under the license of the owner and are not required to be trained nor certified to install these systems.
The master plumber's license covers the owner and company for the installation of water, waste and vent piping and fixtures. Suffolk County has medical gas listed under this license but practically speaking there is no formal education or instruction for medical gas systems installed anywhere in the training syllabus. Every licensed plumber that we have met has confirmed that they never learned anything about medical gas system installation or the equipment that is ,installed or tested.
The current situation is that by law, a licensed plumber is allowed to do the work regardless of experience or training, but anyone trained, experienced and credentialed cannot do the work without a license. This additional license will help resolve this issue as well as help ensure that the work being done on these safety systems is done safely and correctly.
NFPA 99 Standard for Health Care Facilities is the code that is followed for the installation of medical gas systems in health care facilities. The 2002 and 2005 editions have mandated that installers comely with the requirements of ANSI ASSE Standard 6000, specifically ASSE 6010 Professional Qualification Standards for a Medical Gas System Installer. Prior editions had mandated that "The installation of medical gas systems be made by qualified, competent technicians who are experienced in making such installations." National inspection Testing Corporation (NITC) is a nationally recognized third patty testing company that provides a multitude of certifications from master plumber, electrician, steamfitter, HVAC, etc. The medical gas installer course has a prerequisite of four years of piping experience. It is a 32 hour course on medical gas system codes and requirements including hands on brazing of medical gas piping. This legislation would allow oversight of the "loophole" and be a fair way to reduce the risk of a tragedy while not causing anyone to be unable to perform this work. Any licensed plumber would simply be required to, take the 32 hour course and attain the medical gas certification. The cost is relatively minimal and the cost for licensing is Rico expected to be negligible too. The expectation is that there would be approximately several hundred individuals that would need to obtain the training and licensing statewide which would also add some additional revenue to the state as well.
Additionally, the new code allows for installation of these systems by welding or by using a "swaging" process that any properly trained mechanical person can perform. Since there are significant areas throughout the state that use open shop labor, this will allow for a method to control the installation of these life safety systems to the qualified, competent trained individuals that are actually installing these systems, not just cover the business owner who typically runs the business and does not perform the physical work. On the union side, they provide this credential through their class, but again not every installer has this when working a medical gas job since there is no oversight due to the only requirement being the licensed master plumber business owner.
The union credential could be approved by the state as sufficient to satisfy the requirement, or use the nationally recognized third party testing company and be 100% certain of compliance and reap the additional revenues for the state.
LEGISLATIVE HISTORY: 2011-12: 5.4702 Consumer Protection; Assembly Economic Development 2009-10; S.3675 Consumer Protection; A.5417 Economic Development 2008:5.7965 Consumer Protection/A.9886 Economic Development
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect the first of January following enactment.
STATE OF NEW YORK ________________________________________________________________________ 1528 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sens. PERKINS, ADAMS, DILAN, DUANE, HASSELL-THOMPSON, HUNTLEY, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the public authorities law, in relation to providing free fare on the metropolitan transportation authority transit systems THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1266 of the public authorities law is amended by adding a new subdivision 15-a to read as follows: 15-A. (A) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW OR THE TERMS OF ANY CONTRACT, THE AUTHORITY, IN CONSULTATION WITH THE NEW YORK CITY TRANSIT AUTHORITY, THE LONG ISLAND RAIL ROAD AND THE METRO-NORTH COMMU- TER RAILROAD COMPANY, SHALL ESTABLISH AND IMPLEMENT A NO FARE PROGRAM FOR TRANSPORTATION ON NEW YORK CITY TRANSIT AUTHORITY SYSTEMS, THE LONG ISLAND RAIL ROAD AND THE METRO-NORTH COMMUTER RAILROAD COMPANY FOR SENIOR CITIZENS. (B) IN ORDER TO BE ELIGIBLE FOR SUCH NO FARE PROGRAM THE SENIOR CITI- ZEN MUST BE SIXTY-FIVE YEARS OF AGE OR OLDER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06054-01-1