Require Elevator Worker Licenses

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 regulation, 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, installation, 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, automated 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 maintenance;

(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 maintain 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 thereto 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 additional 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 commissioner 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 hoistway and whose doors are permanently barricaded or sealed; or (iii) an escalator or moving walk whose entrances have been permanently barricaded; or (b) as determined by state or local law, code, rule, or regulations.

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 instrumentality of a public corporation, self-employed person, company, unincorporated association, firm, partnership, limited liability company, corporation, 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, authorizing 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 uninterrupted.

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 commissioner pursuant to this article.

20. "Person" means any natural person.

21. "Private residence" means a separate dwelling or a separate apartment 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 applicable 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 engineering 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, alteration 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 evaluation 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 functioning 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 installation 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 temporarily 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 without 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.