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

Summary of provisions

Section 1:Amends the Labor Law by adding a new article 32: ELEVATORS AND OTHER CONVEYANCES; LICENSING which consists of sections 925-933.

Section 925:Legislative findings and declaration.

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

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

Section 928:Licensing, permit, registration and compliance requirements, Requires licenses and permits to engage in the erection, construction, alteration, replacement, or maintenance of an elevator.

Section 929:License and permit procedure. 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: Qualifications, training and continuing education. Provides for necessary qualifications, training and continuing education of those engaged in the erection, construction, alteration, replacement, or maintenance of an elevator.

Applicants for an elevator 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 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 (B) 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 immediately prior to the effective date of this article provided that such applicant shall file their application within one year of the effective date of 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; 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:Powers of the commissioner. The Commissioner shall have the authority to inspect, or cause to be inspected, ongoing or completed conveyances projects, issue notices of violations, suspend or revoke licenses or permits, or impose penalties for non-compliance with the provisions of this article. Additionally. the Commissioner shall promulgate such rules and regulations as he or she 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:New York State elevator safety and standards board. Creates the New York State Elevator Safety and Standards Board which will consist of nine (9) members of which three (3) each are appointed by the Governor, Speaker of the Assembly and Temporary President of the Senate.

Section 933:Exempt persons. Provides that this article shall not be construed to apply to the practice, conduct, activities, or services by a person licensed practice architecture or engineering.

Section 2: Amends the State Finance Law by adding a new section 97-1111 which creates the Elevator and related conveyances safety program account and provides that the account shall be utilized to implement the provisions of this law.

Section 3:Effective date.

Justification

The use of unsafe and defective elevators and other automated people moving conveyances expose employees and the public to unsafe conditions and create substantial likelihood of serious injury. The improper and uninformed 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. In New York, one of the most notable instances of an elevator death is that of Suzanne Hart, a Manhattan advertising executive, in 2011. Suzanne was crushed when she tried to walk onto the elevator at her place of work and it suddenly shot upward, killing her instantly.

Even since the close of the last legislative session, there have been multiple deaths and injuries related to elevator malfunctions. Recently, in Mount Vernon, NY, a 12-year-old boy was injured after

falling into an elevator shaft when the closed elevator doors gave out under his weight. In Schenectady, NY, a restaurant owner died after being wedged beneath a dumbwaiter that was being repaired. In Washington Heights, a building supervisor was injured after a elevator slid down and struck him while he was working near an elevator shaft in the building. These are only a few instances in an array of devastating and preventable injuries and deaths. The purpose of this bill 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

S.7026-A of 2012: Died in Senate Finance Committee, Passed Assembly

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.