Requires the licensing of persons engaged in the design, construction, operation, inspection, maintenance, alteration and repair of elevators; creates the New York state elevator safety and standards board

Summary of provisions

Section 1: The labor law is amended by adding a new article 32: Elevators and other automated people moving conveyances: licensing.

Section 925: Legislative findings and declarations.

Section 926: Application. Describes types of equipment covered under this article.

Section 927: Definitions. Defines the terms used in this article.

Section 928: Licensing and permit requirements. It is unlawful for any elevator contractor to erect, construct, alter, replace, maintain, remove, or dismantle and conveyance contained within buildings or structures in this state unless such an elevator contractor holds an elevator contractor's license.

Section 929: License and permit procedures. All applications for elevator contractor's, elevator mechanic's, and elevator inspector's licenses and required permits shall be submitted in writing on forms furnished by the Commissioner and shall contain such information as the Commissioner may require.

Section 930: Qualifications, training and continuing education. Applicants for a mechanic license must demonstrate one of the following qualifications: 3 years combination of work experience and/or education and competition of an exam, grandfathering those who have worked on elevators without direct and immediate supervision for a period of not less than 3 years immediately prior to the effective date of this article, a valid license from another state, a certificate of completion from a national recognized training program or apprenticeship program.

Section 931: Regulations. The Commissioner shall promulgate such rules and regulations as the Commissioner deems necessary and proper to effectuate the purposes and provisions of this article.

Section 932: Investigations and complaints; injunction. 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 initiatives or upon receipt of a complaint by any person or entity.

Section 933: Civil penalties; suspension and revocation of license. A license issued pursuant to this article may be suspended or revoked and a licensee may be subjected to a civil penalty by the Commissioner.

Section 934: Enforcement. The Commissioner shall enforce the provisions of this article.

Section 935: New York state elevator safety and standards board. The board is created consisting of nine members appointed by the Governor, Temporary President of the Senate, and the Speaker of the Assembly. The board shall meet on a quarterly basis and prepare an annual report. The board shall assist the commissioner with recommending legislation and regulations.

Justification

The use of unsafe and defective elevators and other automated people moving conveyances expose employees and the public to unsafe conditions and impose substantial probability of serious injury. The improper and uniformed manner in which some contractors and their employees design, construct, operate, inspect, maintain, alter and repair such conveyances creates an unnecessary and preventable health and safety risk to employees and the public. The purpose of this bill is to protect the public and prevent injury by requiring proper training of persons employed to design, construct, operate, inspect, maintain, alter and repair elevators or other automated people moving conveyances and by requiring the licensing of contractors and the certification of individuals involved in elevator and other automated people moving conveyances projects.

Fiscal impact on the state

Undetermined.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law, provided, however, that effective immediately, 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 board, are authorized and directed to be established, made, and completed on or before such effective date.