NY Lab L § 956 (2021)
2021 New York Laws LAB - Labor Article 33 - Elevators and Other Conveyances; Licensing 956 - New York State Elevator Safety and Standards Advisory Board.

* §  956.  New  York  state elevator safety and standards board. 1. An elevator safety and standards board is hereby  created,  to  consist  of nine  members.  The governor, the temporary president of the senate, and the speaker of the  assembly  shall  each  appoint  three  members.  The governor's  appointees shall be comprised of a representative of a major elevator manufacturing company, an elevator  inspector  and  a  building owner,  manager  or  representative;  the  temporary  president  of  the senate's appointees shall be comprised of an elevator servicing company, an elevator architectural designer or consultant, and an individual from an  elevator  industry  association;  the  speaker  of  the   assembly's appointees  shall  be comprised of an elevator contractor employee labor union, an elevator mechanic, and a fire marshal.  The  commissioners  of health,  labor,  education,  and economic development or their designees shall be ex-officio members. The board shall meet on an as needed  basis to  advise  the  commissioner on the implementation of this article. The board shall  elect  a  chairperson  to  serve  for  the  term  of  their appointment  to  the board. The board shall prepare an annual report for the governor and the legislature, copies of which shall be sent  to  the commissioners of health, education, economic development, and labor.   2. The first member appointed by the governor, the temporary president of  the senate, and the speaker of the assembly shall have a term of one year; the second member appointed by each shall have a term of two years and the remaining members shall have a term of three years. Each of such appointed members shall hold office for the term for which  such  member was  appointed  and until his or her successor shall have been appointed or until he or she shall resign. The term of  office  of  all  successor members  shall be three years. The members shall serve without salary or compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.   3.  The  board  may   consult   with   engineering   authorities   and organizations   concerned   with   standard   safety  codes,  rules  and regulations  governing   the   maintenance,   servicing,   construction, alteration,   installation,   and  inspection  of  conveyances  and  the adequate,  reasonable,  and   necessary   qualifications   of   elevator mechanics, contractors, and inspectors.   4. The duties of the board are as follows:  (a)  assist  the  commissioner  and the department in establishing the state regulations for equipment covered by this article;  (b) develop recommendations for  an  enforcement  program  which  will ensure  compliance  with the regulations and requirements promulgated by the commissioner pursuant to this article;  (c) assist the commissioner in granting exceptions and variances  from the   literal   requirements  of  the  applicable  code  and  standards, regulations, and local legislation, in cases where such variances  would not jeopardize the public safety and welfare;  (d)  assist  the  commissioner  in setting fee schedules for licenses, permits, and inspections. The fees shall reflect the  actual  costs  and expenses to conduct the duties as described in this article; and  (e)  assist  the  commissioner  in  any  and  all  things necessary or convenient to the commissioner's duty to carry out the purposes of  this article.   * NB Effective and Repealed January 1, 2022   * §  956. New York state elevator safety and standards advisory board. 1.  An elevator safety and standards advisory board is  hereby  created, to  consist  of  thirteen  members.  The  governor  shall  appoint seven members, the temporary president  of  the  senate  shall  appoint  three members,  and  the  speaker of the assembly shall appoint three members. The appointees  to  the  board  shall  be  representatives  of  elevator  manufacturers,   building   owners   or   managers,   elevator  industry construction workers, elevator servicing  companies,  elevator  industry associations, elevator mechanics, or fire marshals. The board shall meet on  an  as needed basis to advise the commissioner on the implementation of this article. The board shall elect a chairperson to  serve  for  the term of their appointment to the board.   2.  The  members appointed pursuant to this section shall serve at the pleasure of the authority appointing  such  member.  The  members  shall serve  without  salary  or  compensation,  but  shall  be reimbursed for necessary expenses incurred in the performance of their duties.   3.  The  board  may   consult   with   engineering   authorities   and organizations   concerned   with   standard   safety  codes,  rules  and regulations  governing   the   maintenance,   servicing,   construction, alteration,   installation,   and  inspection  of  conveyances  and  the adequate,  reasonable,  and   necessary   qualifications   of   elevator mechanics, contractors, and inspectors.   4.  The  board  shall  have  the authority to administer, oversee, and approve examinations for the purpose of qualifying  applicants  pursuant to  subdivision  six of section nine hundred fifty-four of this article. In exercising this  authority,  the  board  shall,  in  its  discretion, determine  the  criteria  and  standards for examinations to satisfy the requirements of this subdivision, such as the  mechanic  examination  of the  national  elevator  industry  educational program, or an equivalent examination  recognized  by  the  board,   which   shall   satisfy   the requirements of this subdivision.   * NB Effective January 1, 2022