Requires the licensing of persons engaged in the design, construction, inspection, maintenance, alteration and repair of elevators

Summary of provisions

Section 1: The labor law is amended by adding a new article 32: Elevators and other automated people moving conveyances: licensing. The new article 32 consists of Sections 925-932 of the Labor Law.

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. Requires licenses and permits to engage in the erection, construction, alteration, replacement, or maintenance of an elevator without 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 of Labor and shall contain such information as the Commissioner may require.

Section 930: Provides for necessary qualifications, training and continuing education of those engaged in the erection, construction, alteration, replacement, or maintenance of an elevator.

Applicants for a 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 year's work experience in the construction, maintenance and service repair of-elevators, as verified by current and previous employers and (2) satisfactory completion of a written examination administered by the Department on the most recent national, state, and local conveyances codes and standards; or (E) acceptable proof that he or she has worked on elevator construction, maintenance or repair with direct and immediate supervision in this state for a period of not

less than four years; or (C) a certificate of successful completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry; or (D) a certificate of successful completion of the Joint Apprentice and Training Committee of the Elevator Industry of Local 3, IBEW, EE Division Training Program or an apprenticeship program for elevator mechanics having standards substantially equal to those of this chapter and registered with the bureau of apprenticeship and training, U.S. Department of Labor or a state apprenticeship council. Applicants for an elevator contractor's license must demonstrate to the Commissioner that such elevator contractor employs licensed elevator mechanics and have proof of compliance with insurance requirements. Applicants for an elevator inspector's license must demonstrate to the satisfaction of the commissioner that such applicant meets or exceeds the current national standards for elevator inspectors. The renewal of all licenses shall be conditioned upon the completion of continuing education.

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 and otherwise make appropriate orders with respect to the repair and construction of elevators.

Section 932: Creates the New York State elevator Safety and Standards Board. The Board consists of 9 members (3 each appointed by the Governor, Speaker, and Temporary President of the Senate).

Section 2 of the bill creates the Elevator and related conveyances safety program account and provides that the account shall be utilized to implement the provisions of this law.

Justification

The use of unsafe and detective 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, 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 hill is to protect the public and prevent injury by requiring proper training of persons employed to design, construct, 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.

Legislative history

New Bill.

Fiscal impact on the state

None anticipated.

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.