S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5887
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced by M. of A. HARRIS -- read once and referred to the Committee
   on Labor
 
 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,
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01705-02-7
              

 A. 5887                             2
 
 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,
 CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE,  MAINTAIN,  OR  PERFORM  ANY
 OTHER  WORK  RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS
 OF THIS ARTICLE.

 A. 5887                             3
 
   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.
   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.

 A. 5887                             4

   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
 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

 A. 5887                             5
 
 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.
   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.

 A. 5887                             6
 
   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,
 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;

 A. 5887                             7
 
   (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 WITH 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
 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.

 A. 5887                             8
 
   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) A CERTIFICATE OF SUCCESSFUL COMPLETION OF  THE  NATIONAL  ELEVATOR
 INDUSTRY EDUCATIONAL PROGRAM, OR A CERTIFIED ELEVATOR TECHNICIAN CERTIF-
 ICATION  FROM  THE  NATIONAL  ASSOCIATION  OF ELEVATOR CONTRACTORS, OR A
 CERTIFICATION FROM THEIR EQUIVALENT; 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
 OF  THIS  STATE.  SUCH  APPLICATION SHALL BE ACCOMPANIED BY THE REQUIRED
 LICENSE FEE.

 A. 5887                             9
 
   2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO
 THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR
 MECHANICS WHO PERFORM THE WORK DESCRIBED IN SECTION NINE HUNDRED  FIFTY-
 ONE  OF  THIS  ARTICLE  AND  HAVE PROOF OF COMPLIANCE WITH THE INSURANCE
 REQUIREMENTS  SET  FORTH  IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION
 NINE HUNDRED FIFTY-FOUR OF THIS ARTICLE.
   3. ANY APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE
 TO THE SATISFACTION OF THE COMMISSIONER THAT  SUCH  APPLICANT  MEETS  OR
 EXCEEDS  APPLICABLE  STANDARDS  SUCH  AS  A QUALIFIED ELEVATOR INSPECTOR
 CERTIFICATION OR AN EQUIVALENT CERTIFICATION.  PRIVATE ELEVATOR  INSPEC-
 TORS  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-

 A. 5887                            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.

 A. 5887                            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

 A. 5887                            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

 A. 5887                            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.