Int. No. 562
By Council Member Spigner; also Council Member Leffler
A Local Law to amend the administrative code of the city of New York, in relation to elevators and escalators and to repeal paragraphs a and b of subdivision a of section 26-213 of such code.
Be it enacted by the Council as follows:
Section 1. Subchapter 2 of chapter 1 of title 26 of the administrative code of the city of New York is amended by adding thereto a new article 10 to read as follows:
Article 10
Licenses for private elevator inspector, private elevator inspection agency director
and private elevator contractor agency director
§26-204.1 Requirement of license. a. It shall be unlawful to inspect or test an elevator or escalator in the city of New York unless such inspection is performed by an elevator inspector employed by the department or by a person employed by a private elevator inspection agency and licensed as a private elevator inspector in accordance with this article.
b. It shall be unlawful for an individual to act in the capacity of a director of a private elevator inspection agency in the city of New York unless such individual is licensed as a private elevator inspection agency director in accordance with this article. Each private elevator inspection agency shall have one or more directors who supervise the operations of the agency.
c. It shall be unlawful for an individual to install, modernize, repair, or maintain an elevator or escalator in the city of New York unless such installation, modernization, repair or maintenance is performed by a person employed by a private elevator contractor agency under the supervision of a person licensed as a private elevator contractor agency director in accordance with this article.
d. It shall be unlawful for an individual to act in the capacity of a director of a private elevator contractor agency in the city of New York unless such individual is licensed as a private elevator contractor agency director in accordance with this article. Each private elevator contractor agency shall have one or more directors who supervise(s) the operations of the agency.
§26-204.2 Classification of elevator licenses. Such licenses shall be classified as follows:
a. Private elevator inspector license. Licenses the holder thereof to perform inspections and tests of elevators and escalators.
b. Private elevator inspection agency director. Licenses the holder thereof to supervise the operations of a private elevator inspection agency for the inspection and testing of elevators and escalators.
c. Private elevator contractor agency director. Licenses the holder thereof to supervise the operations of a private elevator contractor agency for the installation, modernization, repair, or maintenance of elevators and escalators.
§26-204.3 License qualifications. a. In addition to meeting the general qualifications prescribed in section 26-133 of this code, an applicant for a private elevator inspector license must:
(1) have a minimum of five years of experience within the last seven years immediately preceding the date of application in the assembly, installation, repair, design, maintenance or inspection of elevators; and
(2) complete such application and provide such supporting material as the commissioner may require, including, but not limited to, any license issued by the commissioner and any criminal convictions in any jurisdiction; and
(3) pass a written examination to verify his or her knowledge of the construction and maintenance of elevators and escalators within the provisions of subchapter eighteen of chapter one of title twenty-seven of the administrative code and reference standard RS 18; and
(4) provide proof that the applicant is certified as an inspector by an organization accredited by the american society of mechanical engineers in accordance with the requirements of the american society of mechanical engineers/american national standards institute standard for the qualification of elevator inspectors; and
(5) furnish payment to the department for the cost of conducting a background investigation of the applicant; and
(6) provide a current business address which the applicant is responsible for keeping current.
b. In addition to the general qualifications prescribed in section 26-133 of this subchapter, an applicant for a private elevator inspection agency director license must:
(1) have a minimum of ten years of experience within the last fifteen years immediately preceding the date of application or a minimum of five years within the last seven years immediately preceding the date of application if the applicant is a registered architect or licensed professional engineer, in the supervision of the assembly, installation, repair, design, maintenance or inspection of elevators; and
(2) complete such applications and provide such supporting material as the commissioner may require including, but not limited to, any license issued by the commissioner and any criminal convictions in any jurisdiction; and
(3) pass a written examination to verify his or her knowledge of the construction and maintenance of elevators and escalators within the provisions of subchapter eighteen of chapter one of title twenty-seven of the administrative code and reference standard RS 18; and
(4) provide proof that the applicant is certified as an inspection supervisor by an organization accredited by the american society of mechanical engineers in accordance with the requirements of the american society of mechanical engineers/american national standards institute standard for the qualification of elevator inspectors; and
(5) furnish payment to the department for the cost of conducting a background investigation of the applicant; and
(6) maintain a general liability insurance policy in such amount as the commissioner may require by rule with coverage provided for the term of the license naming the department as an additional insured on said insurance certificate; and
(7) provide to the department a copy of such general liability insurance policy, documentation indicating compliance with the provisions of the workers compensation law and a current business address which the applicant is responsible for keeping current.
c. In addition to the general qualifications prescribed in section 26-133 of article one of this subchapter, an applicant for a private elevator contractor agency director license must:
(1) have a minimum of ten years of experience within the last fifteen years immediately preceding the date of application in the supervision of the assembly, installation, repair, design or maintenance of elevators; and
(2) complete such application and provide such supporting material as the commissioner may require, including, but not limited to, any license issued by the commissioner and any criminal convictions in any jurisdiction; and
(3) pass a written exam to verify his or her knowledge of the construction and maintenance of elevators and escalators within the provisions of subchapter eighteen of chapter one of title twenty-seven of the administrative code and reference standard RS 18; and
(4) provide proof that the applicant is an inspection supervisor certified by an organization accredited by the american society of mechanical engineers in accordance with the requirements of the american society of mechanical engineers/american national standards institute standard for the qualification of elevator inspectors; and
(5) provide proof that an individual employed by the applicant’s private elevator contractor agency holds a master electrician license pursuant to subchapter one of chapter three of title twenty-seven of this code; and
(6) furnish payment to the department for the cost of conducting a background investigation of the applicant; and
(7) maintain a general liability insurance policy in such amount as the commissioner may require by rule with coverage provided for the term of the license naming the department as an additional insured on said insurance certificate; and
(8) provide to the department a copy of such general liability insurance policy, documentation indicating compliance with the provisions of the workers compensation law and a current business address which the applicant is responsible for keeping current.
§26-204.4 License conditions. The commissioner shall issue a license to each applicant who shall have submitted evidence of his or her qualifications, shall have passed the required examination, shall have paid the license fee as specified in section 26-204.8 of this article and shall have successfully completed the background examination, provided that the commissioner may refuse to issue a license for any of the reasons specified as grounds for revocation or suspension of a license set forth in section 26-139 of article one of this subchapter and section 26-204.9 of this article. Each agency director may simultaneously supervise the operations of no more than one private elevator inspection agency and one private elevator contractor agency at one time.
§26-204.5 Waiver of background investigation. In the case of an applicant for any license issued pursuant to this article the requirement of a background examination shall be waived upon proof that the applicant was certified by the department as a private elevator inspector or private elevator inspection agency director after November twenty-third nineteen hundred ninety-eight and successfully completed a background investigation pursuant to such certification.
§26-204.6 Renewal of license. a. Every license issued pursuant to this article shall be for a term of one year and may be renewed within thirty days prior to its expiration.
b. Prior to the renewal of such license, the licensee must provide the following to the department:
(1) For private elevator inspectors, the renewal fee specified in section 26-204.8 of this article, documentation that he or she is certified as an inspector by an organization accredited by the american society of mechanical engineers in accordance with the requirements set forth in the american society of mechanical engineers/american national standards institute standard for the qualification of elevator inspectors, a current business address which the applicant is responsible for keeping current and such other information as the commissioner may require.
(2) For private elevator inspection agency directors, the renewal fee specified in section 26-204.8 of this article, documentation that he or she is certified as an inspection supervisor by an organization accredited by the american society of mechanical engineers in accordance with the requirements of the american society of mechanical engineers / american national standards institute standard for the qualification of elevator inspectors, a copy of the inspection agency’s general liability insurance policy, with coverage provided for the term of the license naming the department as an additional insured on said insurance certificate, documentation indicating compliance with the provisions of the workers compensation law, a current business address which the applicant is responsible for keeping current and such other information as the commissioner may require.
(3) For private elevator contractor agency directors, the renewal fee specified in section 26-204.8 of this article, documentation that he or she is certified as an inspection supervisor by an organization accredited by the american society of mechanical engineers in accordance with the requirements of the american society of mechanical engineers/american national standards institute standard for the qualification of elevator inspectors, documentation that an individual employed by the agency holds a master electrician license pursuant to subchapter one of chapter three of title twenty-seven of the administrative code, a copy of the contractor agency’s general liability insurance policy, with coverage provided for the term of the license naming the department as an additional insured on said insurance certificate, documentation indicating compliance with the provisions of the workers compensation law, a current business address which the applicant is responsible for keeping current and such other information as the commissioner may require.
b. Notwithstanding the foregoing, the commissioner may refuse to renew a license for any of the reasons specified as grounds for revocation or suspension of a license set forth in section 26-204.9 of this article and section 26-139 of article one of this subchapter.
§26-204.7 Conflict of interest. a. In no event shall a private elevator inspector inspect or test a device that was maintained or installed within the past two years by an agency or an affiliated agency in which he or she currently holds an interest or held an interest within the past two years.
b. For purposes of this section, the following definitions apply:
(1) “Interest” means:
(i) an ownership interest in an agency held by a private elevator inspector, or the inspector’s spouse or unemancipated child, which exceeds five percent of the agency or five percent of the agency’s indebtedness, and any lesser interest in an agency when the inspector, or the inspector’s spouse or unemancipated child exercises managerial control or responsibility regarding any such agency; or
(ii) a position in an agency, such as an officer, director, trustee, employee, or any management position, or as an agent of or a consultant to the agency, which does not constitute an ownership interest in the agency.
(2) Agencies are “affiliated” if one is a subsidiary of the other or if they have a parent agency in common or if they have a stockholder in common who owns at least twenty-five percent of the shares of each agency.
§26-204.8 License fees. a. The fee for a private elevator inspector license shall be fifteen dollars and the annual renewal fee shall be ten dollars.
b. The fee for a private elevator inspection agency director license shall be one hundred dollars and the annual renewal fee shall be fifty dollars.
c. The fee for a private elevator contractor agency director license shall be one hundred dollars and the annual renewal fee shall be fifty dollars.
§26-204.9 Suspension; revocation of license. In addition to the grounds for suspension or revocation of any license prescribed in section 26-139 of article one of this subchapter, the commissioner or his or her designee may suspend or revoke any license issued under this article, in addition to any other penalty provided by law, upon a finding that the licensee committed any one of the following acts:
(1) made a false or misleading statement on any form or report filed with the department or failed to file a statement, report or form required by law or the department;
(2) willfully impeded or obstructed the filing of a statement, report or form of another;
(3) fraudulent dealings;
(4) performed an elevator inspection or submitted to or filed with the department any form or report that demonstrated negligence, incompetence, lack of knowledge of the building code or disregard for the building code;
(5) exhibited a practice of failing to timely or properly carry out the inspection of elevators;
(6) engaged or assisted in any act that endangers the public safety and welfare;
(7) failed to comply with or abide by an order of the commissioner;
(8) in the case of an private elevator inspection agency or private elevator contractor agency director, delegated inspector or contractor duties to a person who the agency director knows or has reason to know is not licensed to perform such inspections or tests or qualified to maintain an elevator; or
(9) the conviction for a criminal offense where the underlying act arises out of that individual’s professional dealings with the city of New York or with any other governmental entity.
§2. Paragraphs a and b of subdivision c of section 26-213 of the administrative code of the city of New York, as amended by local law number 48 for the year 1991, are REPEALED.
§3. Section 27-188 of the administrative code of the city of New York is amended to read as follows:
§27-188 Temporary use permit. The commissioner may, upon request, issue a temporary use permit authorizing partial use and operation of the equipment prior to the completion of the installation or alteration work, provided that such partial use and operation may be made safely and without endangering public health, safety and welfare, and further provided that such temporary use permit shall not be issued for a period of more than [thirty] ninety calendar days, subject to renewal for additional thirty-day periods at the discretion of the commissioner. All temporary use permits shall be required to be posted in a conspicuous location in or near the equipment covered by the permit, and shall state the nature and extent of the partial use and operation permitted and indicate clearly that full use and operation of the equipment is not permitted.
§4. Section 27-997 of the administrative code of the city of New York is amended to read as follows:
§27-997 Acceptance tests. No new, relocated or altered equipment shall be placed in operation until it has been tested and an equipment use permit has been issued by the commissioner. Such tests shall be made as required in section 27-999 of this article and shall be conducted by the person or firm installing, relocating or altering the equipment and shall be witnessed by [a representative of the commissioner] an inspector employed by the department.
§5. Subdivisions a and b of section 27-998 of the administrative code of the city of New York, as amended by local law number 48 for the year 1991, are amended to read as follows:
(a) Elevators -- [five] two times every [two years] year, or [as otherwise provided] more frequently if required by the commissioner and except that:
(1) [Car safeties and counterweight safeties, where provided, shall be inspected at intervals not exceeding one year and shall be tested at intervals not exceeding two years.
(2)] Oil buffers [and] , governors and car and counterweight safeties shall be periodically inspected and shall be tested at intervals not exceeding one year.
[(3)] (2) Hydraulic elevator pressure tanks and the piston rods of roped hydraulic elevators every three years.
(b) Escalators - [five] two times every [two years] year.
§6. Subdivision a of section 27-1000 of the administrative code of the city of New York, as amended by local law number 48 for the year 1991, is amended to read as follows:
(a) [The] Effective January first, two thousand, the required periodic inspections shall be made by the department except that [two] one of the [five] two inspections required every [two years] year for elevators and escalators shall be made on behalf of the owner by [an insurance company, elevator maintenance company, elevator manufacturer, elevator inspection company, or other person, each of which must be acceptable to the commissioner. The department shall promulgate rules and regulations establishing criteria as to the qualifications of such companies or persons. Such owner shall cause such inspections to be performed between January first and September fifteenth of each year] a private elevator inspection agency duly licensed by the department pursuant to article ten of subchapter two of chapter one of title twenty-six of this code. One of the two annual inspections for elevators and escalators shall be conducted within the first six months of each year and the other such inspection shall be conducted within the last six months of each year. By November first nineteen hundred ninety-nine the commissioner must notify the owner of each elevator and escalator of whether the department inspection will be conducted during the first or last six months of each consecutive year. The department will conduct the first periodic inspection of all new elevator and escalator installations. In no event shall any periodic elevator or escalator inspection occur within three months of another such periodic inspection. Reports by private elevator inspection agencies shall be on such forms and in such manner as required by the commissioner. Such reports shall be delivered to the owner of each elevator or escalator inspected listing all violations of any of the provisions of this subchapter within five days of the inspection, and a signed copy of the report of each inspection shall be filed with the commissioner no later than fifteen days after the inspection. The failure to have such inspection performed [within the prescribed period and] or to file a copy of the report with the department [on or before September thirtieth of each year] within the prescribed time period shall be a violation of this section, which shall be punishable pursuant to the provisions of section 26-125 of [title twenty-six of the administrative] this code. After such violation is placed the owner may file such report and the department shall enter a notation in its records of the date on which such report was received by the department. After the date of receipt by the department, the per diem penalty provided by subdivision c of section 26-125 of [title twenty-six of the administrative] this code shall be stayed. The department shall maintain the violation on its records with a notation of the date on which such report was received by the department. [On or before October fifteenth of each year all] All defects as found upon such inspection shall be corrected within thirty days of such inspection and certification of the correction of the defect or defects shall be filed with the department within forty-five days of such inspection.
§7. Subdivision c of section 27-1000 of the administrative code of the city of New York is amended to read as follows:
(c) In multiple dwellings (either J-1 or J-2 occupancy groups), the owner shall be required to have a contract with [an elevator repair person or company] a private elevator contractor agency authorizing the performance of emergency elevator repair work. [Such repair person or company shall be one of the elevator inspection agencies or inspectors employed thereby currently acceptable to the commissioner.] The name, address and telephone number of such [elevator repair person or company] private elevator contractor agency shall be maintained on each premises, in a location readily accessible to employees of this department, and maintenance or custodial staff at the premises.
§8. Article 3 of subchapter 18 of chapter 1 of title 27 of the administrative code of the city of New York is amended by adding thereto a new section 27-1000.1 to read as follows:
§27-1000.1 Immediately hazardous condition. In the event that a private or department elevator inspector identifies a condition that is classified as immediately hazardous under the rules of the department, he or she must immediately remove the elevator with the condition from service, lock-out and tag the main line disconnect switch, and notify the building owner of the condition. Where a private elevator inspector identifies such a condition, a copy of such notification must also be sent by certified mail to the department within twenty-four hours.
§9. Section 27-1004 of the administrative code of the city of New York, as amended by local law number 39 for the year 1993, is amended to read as follows:
§27-1004 Posting of inspection certificate. (a) At the time the equipment use permit is issued, an inspection certificate issued by the commissioner or a true copy thereof shall be posted in a frame with a transparent cover in the car of every passenger and freight elevator and on or near every escalator and power operated scaffold. No such certificate shall be issued for elevators which are not subject to periodic inspections pursuant to section 27-998 of this code. The certificate shall be in such form as determined by the commissioner [and shall be posted in the car of every passenger and freight elevator and on or near every escalator and power operated scaffold and in a frame with a transparent cover]. The inspection certificate shall recite the dates of all department and private elevator inspection agency inspections and tests. The inspection certificate shall also include a notice that all accidents or damage to the elevator must be immediately reported to the department and shall provide a telephone number for the department.
(b) In [place of posting inspection certificates] the event that the owner chooses to post a true copy of the inspection certificate in those locations specified in subdivision a of this section, [certificates may] the original inspection certificate must be kept in the on site building manager’s office. In a building where this option is elected, there must be a building manager’s office open during normal business hours, and there must be posted in each location specified in subdivision a of this section a notice [in a frame with a transparent cover, or a plaque with an indelible inscription,] stating that the original inspection certificate is located in the building manager’s office and identifying the location of such office. All original inspection certificates are the property of the department, and must be made immediately available upon request by any member of the public during normal business hours.
§10. Section 27-1006 of the administrative code of the city of New York is amended to read as follows:
§27-1006 Accidents and damage. (a) The owner or person in charge of the equipment or devices listed in article one of this subchapter and a person employed by a private elevator contractor agency under contract with the building owner pursuant to section 27-1000 of this code shall [promptly] notify the commissioner within one hour of every accident involving injury to any person requiring the services of a physician or damage to property or to apparatus exceeding one hundred dollars on, about, or in connection with such equipment or device, and shall afford the commissioner every facility for investigating such accident or damage.
(b) The commissioner shall make an investigation [immediately thereafter, and shall prepare a full and complete report of such investigation. Such report shall give in detail all material facts and information available and the cause or causes as far as they can be determined. Such report shall be open to public inspection at all reasonable hours.] within eight hours of being notified of an accident, regardless of whether the commissioner was notified by the private elevator contractor agency, the owner or person in charge of the equipment or device, or any other person. In the case of each accident, the department must prepare a preliminary accident report within twenty-four hours. Within thirty days of responding to the accident, the commissioner must prepare and forward a final accident report to the elevator safety advisory board.
(c) A final accident report must contain the following information regarding the equipment or device that is the subject of the accident:
(1) the name of the private elevator inspection agency that last inspected the equipment or device and the date and findings of such inspection;
(2) the name of the private elevator inspection agency that last tested the equipment or device and the date and result of any such test;
(3) the name of the department inspector who last inspected the equipment or device prior to the accident and the date and findings of such inspection;
(4) the name of the private elevator contractor agency that last maintained the equipment or device and the date it was serviced;
(5) a brief history of the equipment or device including, but not limited to, the date it was installed, the date it was last modernized, if applicable, the dates of past accidents, if any, and the dates of past complaints recorded by the department regarding the equipment or device, if any;
(6) a description of the accident, including, but not limited to, the approximate time when the last passenger, if any, entered the equipment or device and if applicable the direction that the equipment or device was traveling immediately preceding the accident;
(7) witness statements, if any; and
(8) the probable cause of the accident.
(d) All final accident reports shall be available to the public during regular business hours.
(e) When an accident involves the failure or destruction of any part of the construction or operating mechanism of such equipment or device, no such equipment or device shall be used until it has been made safe, and re-inspected by the commissioner; and the commissioner may order the discontinuance of such equipment or device until a new use permit has been issued by him or her for its use. [No part shall be removed from the premises of the damaged construction or operating mechanism until permission to do so has been granted by the commissioner.]
(f) No person may move, alter, remove or otherwise interfere with physical evidence of an accident except for a governmental employee acting within the scope of his or her duties or medical personnel when necessary to prevent injury to any person. For the purposes of this section, physical evidence means any object, equipment, device, document or record that may be used as evidence in determining the cause of an accident, except that a person employed by a private elevator contractor agency may return the equipment or device to service or otherwise repair the equipment or device if the department fails to respond to the accident within eight hours of notification.
(g) No person may enter an elevator shaft or pit unless he or she is a department inspector, a private elevator inspector licensed pursuant to article ten of subchapter two of chapter one of title twenty-six of this code, a person employed by a private elevator contractor agency director licensed pursuant to article ten of subchapter two of chapter one of title twenty-six of this code, an emergency service worker, or unless the person has reason to believe that failure to enter the shaft or pit will result in physical injury to any person.
§11. Article 5 of subchapter 18 of chapter 1 of title 27 is amended by adding thereto a new section 27-1006.1 to read as follows:
§27-1006.1 Elevator safety advisory board. There is hereby created an elevator safety advisory board.
(a) The elevator safety advisory board shall consist of the chair who shall be appointed by the commissioner, and eight other members with the following qualifications: (1) two representatives from the real estate management industry, one appointed by the speaker of the council and one by the mayor; (2) two representatives of labor organizations, one appointed by the speaker of the council and one by the mayor; (3) two representatives of the elevator inspection and contractor industries, one appointed by the speaker of the council and one by the mayor; (4) two representatives of the elevator manufacturing industry, one appointed by the speaker of the council and one by the mayor.
(b) Each member of the advisory board shall serve for a term of three years, without compensation.
(c) The board shall review each final accident report forwarded to the board pursuant to subdivision b of section 27-1006 of this article.
(d) The board shall make recommendations to the commissioner on laws and rules necessary to ensure the safety of elevator passengers, advise, and, at the request of the commissioner, assist the department in its efforts to improve elevator safety.
(e) The board shall meet no less than once each month. A written report describing its activities and recommendations shall be submitted by the board to the commissioner and to the council by March first of each year.
§12. This local law shall take effect thirty days from the date of enactment, except that the provisions of section 26-204.1 as added by section one of this local law shall take effect one year from the effective date of this local law.
LS# 1777
05/21/99, 4:20 p.m.
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