reglab/statecodes huggingface dataset:
2023 New York Laws › LAB - Labor › Article 29 - Training and Education Program on Occupational Safety and Health › 887 - Occupational Safety and Health Inspection Account.

§   887.      Occupational   safety  and  health  inspection  account.
  Notwithstanding any other law,  rule  or  regulation  to  the  contrary,
  expenditures  by the department made pursuant to appropriations from the
  miscellaneous special  revenue  fund,  occupational  safety  and  health
  inspection account shall be deemed an assessable expense of the workers'
  compensation  board  within the meaning of section one hundred fifty-one
  of the workers' compensation law.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 900 - Legislative Findings and Declaration.

§  900.  Legislative  findings and declaration. The legislature hereby
  finds  and  declares  that  exposure  to  asbestos   fibers,   a   known
  carcinogenic  agent,  creates  a  serious  risk to the public health and
  safety. The legislature also finds that the public  is  more  frequently
  exposed  to  these  risks  as  a  result  of  an  increasing  number  of
  rehabilitation  and  reconstruction  projects  on  buildings  containing
  asbestos or asbestos materials.
The  legislature  finds  that  the  risks associated with asbestos are
  exacerbated  by  the  improper  and  uninformed  manner  in  which  some
  contractors  and  their  employees  handle  asbestos.   Improper design,
  implementation or inspection of asbestos  projects  creates  unnecessary
  health and safety hazards which are detrimental to the state's interest,
  and that of its citizens.
The  legislature,  therefore,  finds and declares it to be its purpose
  and policy to reduce asbestos  related  hazards  by  encouraging  proper
  training  of  persons  employed to design, implement or inspect asbestos
  projects and those who  supervise  or  employ  them,  by  requiring  the
  licensing  of  contractors and the certification of individuals involved
  in  asbestos  projects  pursuant  to  regulations  promulgated  by   the
  commissioner,   prior   to  the  removal,  enclosure,  encapsulation  or
  disturbance of friable asbestos or any  handling  of  asbestos  material
  which may result in the release of asbestos fiber and by conferring upon
  the  commissioner the authority to inspect ongoing asbestos projects and
  promulgate and  enforce  safety  and  health  standards  regulating  the
  conduct  of  those  projects  through injunctions, and the imposition of
  civil and criminal penalties.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 902 - Licensing and Certification Requirements.

§  902.  Licensing  and  certification  requirements.  1.  It shall be
  unlawful for any contractor to engage in an asbestos project unless such
  contractor  has  a  valid  asbestos  handling  license  issued  by   the
  commissioner.  Such  license  will  not  be  issued  without evidence of
  successful completion by the contractor, or a supervisor  designated  to
  act  as  the  contractor's agent, of an approved asbestos safety program
  which is, at the least, equivalent to the U.S. Environmental  Protection
  Agency  Model Accreditation Plan (40 CFR Part 763) and the submission of
  any additional information which the commissioner may require.
2. A copy of a valid asbestos handling license or other proof  of  the
  issuance  of a valid asbestos handling license granted to the contractor
  who will be undertaking the asbestos project must be  submitted  by  the
  bidder  in  a  form acceptable to the commissioner prior to the award of
  any public works contract all or part  of  which  involves  an  asbestos
  project.
3.  A  copy of a valid asbestos handling license must be conspicuously
  displayed at the work site on an asbestos project.
4. It shall be unlawful for any contractor to engage in or to permit a
  person  employed  by  the  contractor,  including  but  not  limited  to
  handlers,  project  designers,  inspectors  and  management planners, to
  engage in work on an asbestos project or to supervise  persons  engaging
  in  work  on  an asbestos project unless each such person and supervisor
  has a valid asbestos handling certificate. Such certificate will not  be
  issued  without evidence of successful completion by each such person of
  an approved asbestos safety program and the submission of any additional
  information which the commissioner may require.
5. Any person employed on an asbestos project or the supervisor of any
  person engaged in work on an asbestos project or any other person who is
  otherwise required by law or regulation to obtain an asbestos  handler's
  certificate  shall have in his or her possession at all times during the
  work on the project a copy of the asbestos handling  certificate  issued
  to the person by the commissioner.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 905 - Training and Education.

§  905.  Training  and  education. 1. The commissioner of health shall
have authority to approve asbestos safety programs and shall maintain  a
list  of  approved  programs  which  shall  be made available to license
applicants, certificate applicants and  other  interested  parties  upon
request.   The   commissioner  of  health  shall  promulgate  rules  and
regulations setting forth the criteria for approval  of  such  programs,
the  procedures  to  be  followed  in applying for such approval and any
other  rules  or  regulations  as  shall  be  necessary  and  proper  to
effectuate  the  purposes  of  this  section  and  to  comply  with  the
requirements of the Federal Asbestos Hazard Emergency Response  Act  and
any other applicable federal standards.
2.  (a)  The commissioner of health shall assess a fee of no more than
fifty dollars for each asbestos safety  program  completion  certificate
requested  by the training sponsor for each full asbestos safety program
and a fee of no more  than  thirty  dollars  for  each  asbestos  safety
program  completion  certificate  requested  by the training sponsor for
each refresher training asbestos safety program, provided, however, that
in no event shall the cost of  such  certificates  be  assessed  by  the
sponsor against the participants.
(b)  There  shall be established within the special revenue fund-other
an asbestos safety program account.  All  fees  assessed  and  collected
pursuant  to  the  provisions  of  this  subdivision  shall  be paid and
deposited into the asbestos safety program account established  by  this
paragraph  for  the  purposes  of  offsetting  the costs incurred by the
commissioner  of  health  for  the  administration  of  asbestos  safety
programs.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 906 - Regulations.

§  906.  Regulations. The commissioner shall promulgate such rules and
  regulations as shall be necessary and proper to effectuate the  purposes
  and  provisions  of  this article and to comply with the requirements of
  the Federal  Asbestos  Hazard  Emergency  Response  Act  and  any  other
  applicable  federal standards. Such regulations shall include but not be
  limited to (1) standards for  asbestos  projects  including  methods  of
  removing,  encapsulating,  enclosing  or disturbing friable asbestos and
  standards for any handling of asbestos material which may result in  the
  creation  of  friable asbestos or any handling of asbestos material that
  may result in the release of asbestos fibers, as shall be  necessary  to
  protect the public health and safety and shall include regulations which
  will  permit  such  disturbance  that  results  from  actions  that  are
  necessary to abate an emergency  which  poses  an  immediate  threat  to
  safety  or  the  public  health; (2) standards for asbestos projects and
  in-plant operations setting licensing  and  certification  requirements;
  and  (3) standards for asbestos projects and in-plant operations setting
  goal  air  monitoring  and  clearance  requirements,   including   those
  necessary  to  insure  that  asbestos  work is properly designated as an
  in-plant operation as defined in  subdivision  twelve  of  section  nine
  hundred one of this chapter.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 907 - Investigations and Complaints.

§  907. Investigations and complaints. The commissioner shall have the
  authority to inspect ongoing  or  completed  asbestos  projects  and  to
  conduct  an investigation upon his or her own initiation or upon receipt
  of a complaint by any person or entity.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 908 - Injunction.

§ 908. Injunction. If the commissioner finds that any asbestos project
  is  not being performed in accordance with this article or the rules and
  regulations promulgated hereunder, the commissioner may, by delivery  of
  notice to the contractor engaged in the asbestos project or its agent or
  representative,  enjoin  any further work on such asbestos project. Such
  notice shall specifically enumerate the violations of law or  regulation
  which  are  occurring  on  the  asbestos  project and shall prohibit any
  further work on the asbestos project until the violations complained  of
  cease and the notice is rescinded by the commissioner. Upon receipt of a
  written  notification  from the contractor that the violations have been
  corrected,  the  commissioner  shall,   within   ten   days,   issue   a
  determination as to whether the notice shall be rescinded. Any person or
  contractor  who  may  be adversely affected by a notice or determination
  issued under this section may challenge the validity or applicability of
  such notice or determination by  commencing  a  proceeding  pursuant  to
  article seventy-eight of the civil practice law and rules.
2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 910 - Enforcement.

§  910.  Enforcement. 1. Nothing in this article shall be construed to
  prevent municipalities from enacting  local  laws  or  ordinances  which
  impose standards or requirements relating to the handling of asbestos or
  asbestos material more effective than those set forth in this article or
  in any rule or regulation promulgated hereunder.
2.  The  commissioner shall enforce the provisions of this article and
  rules and regulations adopted hereunder;  provided,  however,  that  the
  provisions of this section and sections nine hundred seven, nine hundred
  eight  and  nine  hundred  nine of this article shall not be enforced in
  reference to persons  or  contractors  performing  work  in  a  city  or
  municipality  which files with the commissioner a duly certified copy of
  a local law or ordinance assuming full responsibility for enforcing  the
  provisions  of  this  article  and  the  rules  and  regulations adopted
  hereunder. Such city or municipality shall have all the  powers  of  the
  commissioner  in  enforcing the provisions of this article and the rules
  and regulations adopted hereunder, including  but  not  limited  to  the
  collection and retention of monetary penalties.
3.  Each  city  or  municipality  which  elects such local enforcement
  option shall submit a report to the commissioner annually on  or  before
  the  first day of June of the manner in which this article and the rules
  and regulations promulgated thereunder have been and  are  administered,
  and  the  results  of such administration under the jurisdiction of such
  city or  municipality  and  shall  from  time  to  time  submit  to  the
  commissioner  such  other  reports  as  to  such  other  matters  as the
  commissioner may require.
4. A city or municipality  may  file  with  the  commissioner  a  duly
  certified  copy  of a local law or ordinance terminating its enforcement
  responsibilities which shall be effective thirty days  from  the  filing
  thereof.
2023 New York Laws › LAB - Labor › Article 31 - New York Professional Employer Act › 916 - Definitions.

§ 916. Definitions. As used in this article:
1.  "Client"  means  a  person who enters into a professional employer
agreement with a professional employer organization.
2. "Person" means an individual, an association, a company, a firm,  a
partnership,  a  corporation,  or  any  other form of legally recognized
entity.
3. "Professional employer agreement" means a written contract whereby:
(a) A professional employer organization expressly agrees to co-employ
all or a majority of the employees providing services for the client;
(b) The contract is intended to be on-going rather than  temporary  in
nature;
(c)  Employer responsibilities for worksite employees, including those
of hiring, firing and  disciplining,  are  expressly  allocated  by  and
between  the  professional  employer  organization and the client in the
agreement; and
(d) The  professional  employer  organization  expressly  assumes  the
rights   and  responsibilities  as  required  in  section  nine  hundred
twenty-two of this article.
4.  "Professional  employer  organization"  means  any  person   whose
business is entering into professional employer agreements with clients.
In  determining  whether  the professional employer organization employs
all or a majority of the employees of  a  client,  any  person  employed
pursuant  to  the terms of the professional employer agreement after the
initial placement of client employees on the payroll of the professional
employer organization  shall  be  included.  Temporary  help  firms  and
employment  agencies,  as  defined  in  article  eleven  of  the general
business  law,  shall  not  be  deemed  to  be   professional   employer
organizations for purposes of this article.
5. "Temporary help firm" means a business which recruits and hires its
own  employees,  and  assigns  those  employees  to  perform  work at or
services for other organizations, to support  or  supplement  the  other
organization's  workforce,  or  to  provide  assistance  in special work
situations such  as,  but  not  limited  to,  employee  absences,  skill
shortages,  seasonal  workloads,  or  to  perform special assignments or
projects. A temporary help firm shall not be deemed to be a professional
employer organization for the purposes of this article.
6.  "Worksite  employee"  means  a   person   having   an   employment
relationship  with  both  the professional employer organization and the
client. Such term may also include  the  client's  officers,  directors,
shareholders  or  partners to the extent such persons act as operational
managers or perform services for the client.
2023 New York Laws › LAB - Labor › Article 31 - New York Professional Employer Act › 917 - Continuing Obligations.

§  917.  Continuing  obligations.  1. Collective bargaining agreements
exempted. A professional employer agreement  shall  have  no  effect  on
existing   collective   bargaining   agreements.   Notwithstanding   any
statements to the contrary, nothing in  this  article  shall  alter  the
rights  or obligations of any client, professional employer organization
or worksite employee under the  national  labor  relations  act  or  any
applicable state law.
2.  State  licensing  provisions  not exempted. This article shall not
exempt a client or a worksite employee from any state, local or  federal
licensing, registration or certification requirement.
(a)  Every  individual  who  is required to be licensed, registered or
certified according to law and who  is  a  worksite  employee  shall  be
deemed   an  employee  of  the  client  for  purposes  of  any  license,
registration or certification requirement.
(b) A professional employer organization shall not  be  deemed  to  be
engaged  in  an  occupation,  trade  or  profession  that  is subject to
licensing, registration or certification requirements, or  is  otherwise
regulated   by   a   governmental  entity  solely  by  entering  into  a
professional  employer  agreement  with  a  client  or   an   employment
relationship with worksite employees.
2023 New York Laws › LAB - Labor › Article 31 - New York Professional Employer Act › 918 - Registration Required.

§  918.  Registration  required.  A professional employer organization
  shall not engage in business from offices in this state  or  enter  into
  any  arrangement with a person for the purpose of providing professional
  employer services as described in section  nine  hundred  twenty-two  of
  this  article  to persons in this state unless the professional employer
  organization is registered under this article. No professional  employer
  organization  or  person  shall  use  the  name  or  title "professional
  employer  organization",  "PEO",  "staff  leasing  company",   "employee
  leasing  company",  "registered staff leasing company" or "staff leasing
  services company", or otherwise represent that it  is  registered  under
  this  article  unless  the  entity  or  person  is registered under this
  article. A professional employer organization that does not comply  with
  the  provisions  of  this article shall not be a registered professional
  employer organization in this state.
2023 New York Laws › LAB - Labor › Article 31 - New York Professional Employer Act › 923 - Unemployment Compensation Insurance.

§  923.  Unemployment  compensation insurance. 1. During the term of a
  professional employer agreement, a  professional  employer  organization
  shall be liable in accordance with the provisions of article eighteen of
  this chapter for the payment of contributions, penalties and interest on
  wages  paid  by  the  professional  employer  organization  to  worksite
  employees.
2. The professional employer organization shall  report  and  pay  all
  required  contributions  to the unemployment compensation fund using the
  state  employer  account  number  and  the  contribution  rate  of   the
  professional employer organization.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 930 - Definitions.

§ 930. Definitions. As used in this article: 1. "Department" means the
  department of labor.
2.  "Mold"  means  any  indoor  multi-cellular fungi growth capable of
  creating toxins that can cause pulmonary, respiratory,  neurological  or
  other  major  illnesses  after  minimal  exposure,  as  such exposure is
  defined by the environmental  protection  agency,  centers  for  disease
  control  and prevention, national institute of health, or other federal,
  state, or local agency organized to study and/or protect human health.
3. "Mold  remediation"  means  conducting  the  business  of  removal,
  cleaning, sanitizing, or surface disinfection of mold, mold containment,
  and  waste  handling  of  mold  and  materials  used to remove mold from
  surfaces by a business enterprise, including but not  limited  to,  sole
  proprietorships. Mold remediation for the purposes of this article shall
  not  include  remediation of the underlying sources of moisture that may
  be the cause of mold  that  requires  expertise  not  specific  to  acts
  authorized under this article.
4.  "Mold  assessment"  means  an  inspection  or  assessment  of real
  property that is designed to discover mold, conditions  that  facilitate
  mold,  indicia  of conditions that are likely to facilitate mold, or any
  combination thereof.
5. "Mold abatement" means the act of removal, cleaning, sanitizing, or
  surface disinfection of mold, mold containment, and  waste  handling  of
  mold and materials used to remove mold from surfaces by an individual.
6.   "Project"  means  mold  remediation,  mold  assessment,  or  mold
  abatement, of areas greater than ten square feet, but does  not  include
  (a)  routine  cleaning  or  (b)  construction,  maintenance,  repair  or
  demolition of buildings, structures or fixtures undertaken for  purposes
  other than mold remediation or abatement.
7. "Commissioner" means the commissioner of the department of labor.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 931 - Licensing Requirements.

§  931.  Licensing  requirements.  1.  It  shall  be  unlawful for any
contractor to engage in mold assessment on a project, or to advertise or
hold  themselves  out  as  a  mold  assessment  contractor  unless  such
contractor   has   a   valid  mold  assessment  license  issued  by  the
commissioner.
2. It  shall  be  unlawful  for  any  contractor  to  engage  in  mold
remediation  on  a  project, or to advertise or hold themselves out as a
mold remediation contractor unless such  contractor  has  a  valid  mold
remediation license issued by the commissioner.
3. It shall be unlawful for any individual to engage in mold abatement
on  a project or to advertise or hold themselves out as a mold abatement
worker unless such individual has a valid mold abater's  license  issued
by the commissioner.
4.  A copy of a valid mold assessment or mold remediation license must
be conspicuously displayed at the work site on a mold project.
5. (a) Nothing in this article shall prohibit any design  professional
licensed  pursuant  to  title eight of the education law from performing
mold inspection,  assessment,  remediation  and/or  abatement  tasks  or
functions  if  the  person  is  acting  within  the  scope of his or her
practice, or require the design professional to obtain a  license  under
this  article  for  such  mold inspection, assessment remediation and/or
abatement tasks or functions.
(b) Nothing in  this  article  shall  mean  that  any  individual  not
licensed  pursuant to title eight of the education law may perform tasks
or functions limited to the scope of practice of a  design  professional
under such title.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 933 - Exemptions.

§  933.  Exemptions.  The  following  persons shall not be required to
  obtain a license as provided in this title  in  order  to  perform  mold
  assessment, remediation, or abatement:
1.   a  residential  property  owner  who  performs  mold  inspection,
  assessment, remediation, or abatement on his or her own property;
2. a non-residential property owner, or the employee  of  such  owner,
  who  performs mold assessment, remediation, or abatement on an apartment
  building owned by that person that  has  not  more  than  four  dwelling
  units;
3. an owner or a managing agent or a full-time employee of an owner or
  managing  agent  who performs mold assessment, remediation, or abatement
  on commercial property or a residential apartment building of more  than
  four  dwelling  units  owned  by  the owner provided, however, that this
  subdivision shall not apply if the managing agent or employee engages in
  the business of performing mold assessment,  remediation,  or  abatement
  for the public; and
4. a federal, state or local governmental unit or public authority and
  employees   thereof   that  perform  mold  assessment,  remediation,  or
  abatement  on  any  property  owned,  managed  or  remediated  by   such
  governmental unit or authority.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 934 - License Issuance and Renewal.

§  934.  License  issuance and renewal. 1. Licenses issued pursuant to
  the provisions of this title shall be valid for a period  of  two  years
  from  the  date  of  issuance  and may be renewed in accordance with the
  conditions  set  forth  in  this  article   and   established   by   the
  commissioner.
2.  Within  thirty  days of the receipt of the application and fee for
  any license issued under this section,  the  commissioner  shall  either
  issue  the  license  or  issue  a  notification  of  denial  pursuant to
  subdivision one of section nine hundred thirty-eight of this title.
3. Licenses shall be in a form prescribed by the commissioner.
4. The renewal of all licenses granted under the  provisions  of  this
  article  shall  be  conditioned  upon the submission of a certificate of
  completion of a commissioner-approved  course  designed  to  ensure  the
  continuing  education  of  licensees on new and existing mold assessment
  and mold remediation standards.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 935 - Practice by License Holder.

§ 935. Practice by license holder. 1. A mold assessment license holder
  who  intends  to  perform  mold assessment on a mold remediation project
  shall prepare a work analysis  for  the  project.  The  mold  assessment
  license  holder shall provide the analysis to the client before the mold
  remediation begins and such plan must include the analysis as defined in
  section nine hundred forty-five of this article.
2. A mold remediation license  holder  who  intends  to  perform  mold
  remediation  shall  prepare  a  work plan providing instructions for the
  remediation efforts to be performed for the  mold  remediation  project.
  The  mold  remediation license holder shall provide the work plan to the
  client before the mold remediation begins. The mold remediation  license
  holder  shall maintain a copy of the work plan at the job site where the
  remediation is being performed.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 936 - Licensee Duites; Prohibited Activities.

§  936.  Licensee  duties; prohibited activities. 1. A mold assessment
  licensee who performs mold assessment services shall provide  a  written
  report  to  each  person for whom such licensee performs mold assessment
  services for compensation.
2. No licensee shall perform both mold assessment and mold remediation
  on the same property.
3. No person shall own an interest in both the licensee  who  performs
  mold  assessment services and the licensee who performs mold remediation
  services on the same property.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 937 - Civil Penalties and Revocation.

§  937. Civil penalties and revocation. 1. The commissioner may, after
a notice and hearing, suspend or revoke any license, or  censure,  fine,
or  impose  probationary  or other restrictions on any licensee for good
cause shown which shall include, but not be limited to the following:
(a) conviction of a felony relating  to  the  performance  of  a  mold
assessment or mold remediation;
(b)  deceit  or  misrepresentation  in  obtaining a license authorized
under this article;
(c) providing false testimony or  documents  to  the  commissioner  in
relation  to  a  license authorized by this article or any other license
issued by the commissioner;
(d) deceiving  or  defrauding  the  public  in  relation  to  services
provided for a fee that require a license; or
(e) incompetence or gross negligence in relation to mold assessment or
mold remediation.
2.  Violators of any of the provisions of this article may be fined by
the commissioner in an amount not to exceed two thousand dollars for the
initial violation and up to ten thousand  dollars  for  each  subsequent
violation.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 938 - Denial of License; Complaints; Notice of Hearing.

§  938.  Denial  of  license;  complaints;  notice  of hearing. 1. The
  commissioner shall, before making a determination to deny an application
  for a license, notify the applicant in writing of the reasons  for  such
  proposed  denial  and afford the applicant an opportunity to be heard in
  person or by counsel prior to denial of  the  application.  Such  notice
  shall  notify  the  applicant  that a request for a hearing must be made
  within thirty days after issuance of such notification. If a hearing  is
  requested,  such  hearing  shall  be  held at such time and place as the
  commissioner shall prescribe.
2. If the applicant fails to make a  written  request  for  a  hearing
  within  thirty  days  after  issuance  of  such  notification,  then the
  notification of denial shall  become  the  final  determination  of  the
  commissioner.  The  commissioner shall have subpoena powers regulated by
  the  civil  practice  law  and  rules.  If,  after  such  hearing,   the
  application  is  denied,  written  notice of such denial shall be served
  upon the applicant.
3. The commissioner shall, before revoking or suspending  any  license
  or  imposing  any fine as authorized by this article or reprimand on the
  holder thereof and at least ten days prior  to  the  date  set  for  the
  hearing,  notify  in  writing the holder of such license, of any charges
  made and shall afford such person an opportunity to be heard  in  person
  or  by  counsel  in  reference  thereto.  No prior notice and hearing is
  required before the commissioner issues an order directing the cessation
  of unlicensed activities.
4. Written notice must be served to the licensee or person charged.
5. The hearing on such charges shall be at such time and place as  the
  commissioner shall prescribe.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 939 - Judicial Review.

§  939. Judicial review. The action of the commissioner in suspending,
  revoking or refusing to issue or renew a license, or  issuing  an  order
  directing  the  cessation  of  unlicensed activity or imposing a fine or
  reprimand may be appealed by a proceeding brought under and pursuant  to
  article seventy-eight of the civil practice law and rules.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 1 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › 940 - Rulemaking Authority.

§  940.  Rulemaking  authority.  The  commissioner may adopt rules and
  regulations to oversee the practice of mold assessment, remediation  and
  abatement and to ensure the health, safety and welfare of the public.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 2 - Minimum Work Standards for the Conduct of Mold Assessments and Remediation by Licensed Persons › 945 - Minimum Work Standards for the Conduct of Mold Assessments by Licensed Persons.

§  945.  Minimum work standards for the conduct of mold assessments by
licensed persons. 1. A mold assessment licensee  shall  prepare  a  mold
remediation  plan  that  is  specific  to  each  remediation project and
provide the plan to the client before the remediation begins.  The  mold
remediation plan must specify:
(a) the rooms or areas where the work will be performed;
(b) the estimated quantities of materials to be cleaned or removed;
(c)  the  methods to be used for each type of remediation in each type
of area;
(d) the personal protection equipment (PPE) to be supplied by licensed
remediators for use by licensed abaters;
(e) the proposed clearance procedures and criteria for  each  type  of
remediation in each type of area;
(f)  when the project is a building that is currently occupied, how to
properly  notify  such  occupants   of   such   projects   taking   into
consideration  proper  health  concerns;  the  plan  must  also  provide
recommendations for notice and posting requirements that are appropriate
for the project size, duration and points of entry;
(g) an estimate of cost and an estimated time  frame  for  completion;
and
(h)  when  possible,  the  underlying  sources of moisture that may be
causing the mold and a recommendation as to the type of  contractor  who
would remedy the source of such moisture.
2.  The  remediation  plan may require containment, as appropriate, to
prevent the spread  of  mold  to  areas  of  the  building  outside  the
containment under normal conditions of use.
3. A mold assessment licensee who indicates in a remediation plan that
a disinfectant, biocide, or antimicrobial coating will be used on a mold
remediation  project  shall indicate a specific product or brand only if
it is registered by the United States  Environmental  Protection  Agency
for   the   intended   use  and  if  the  use  is  consistent  with  the
manufacturer's labeling instructions. A decision by  a  mold  assessment
licensee  to  use such products must take into account the potential for
occupant sensitivities.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 2 - Minimum Work Standards for the Conduct of Mold Assessments and Remediation by Licensed Persons › 946 - Minimum Work Standards for the Conduct of Mold Remediation by Licensed Persons.

§  946.  Minimum work standards for the conduct of mold remediation by
  licensed persons. 1. A mold remediation licensee shall  prepare  a  mold
  remediation work plan that is specific to each project, fulfills all the
  requirements  of  the  mold  remediation  plan  developed  by  the  mold
  assessment licensee as provided to  the  client  and  provides  specific
  instructions  and/or  standard  operating  procedures  for  how  a  mold
  remediation project will be performed.  The  mold  remediation  licensee
  shall  provide  the mold remediation work plan to the client before site
  preparation work begins.
2. If a mold assessment licensee specifies  in  the  mold  remediation
  plan  that  personal  protection  equipment  (PPE)  is  required for the
  project, the mold remediation licensee shall provide the  specified  PPE
  to  all  employees who engage in remediation activities and who will, or
  are  anticipated  to,  disturb  or  remove   mold   contamination.   The
  containment,  when constructed as described in the remediation work plan
  and under normal conditions of use, must prevent the spread of  mold  to
  areas outside the containment.
3. Signs advising that a mold remediation project is in progress shall
  be displayed at all accessible entrances to remediation areas.
4.  No  person shall remove or dismantle any containment structures or
  materials from a project site prior to receipt by the  mold  remediation
  licensee  overseeing  the  project  of  a  notice from a mold assessment
  licensee that the project has achieved clearance as described in section
  nine hundred forty-seven of this title.
5. Disinfectants, biocides and antimicrobial coatings may be used only
  if their use is specified in  a  mold  remediation  plan,  if  they  are
  registered  by the United States Environmental Protection Agency for the
  intended use and if  the  use  is  consistent  with  the  manufacturer's
  labeling instructions. If a plan specifies the use of such a product but
  does  not  specify  the  brand  or  type  of product, a mold remediation
  licensee may select the brand or type of product to be used. A  decision
  by  a mold assessment or remediation licensee to use such a product must
  take into account the potential for occupant sensitivities and  possible
  adverse  reactions to chemicals that have the potential to be off-gassed
  from surfaces coated with the product.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 2 - Minimum Work Standards for the Conduct of Mold Assessments and Remediation by Licensed Persons › 947 - Post-Remediation Assessment and Clearance.

§  947. Post-remediation assessment and clearance. 1. For a remediated
project to achieve clearance, a mold assessment licensee shall conduct a
post-remediation  assessment.  The  post-remediation  assessment   shall
determine whether:
(a) the work area is free from all visible mold; and
(b)  all  work  has  been completed in compliance with the remediation
plan and remediation work plan and meets clearance criteria specified in
the plan.
2.  Post-remediation  assessment  shall,  to  the   extent   feasible,
determine  that  the underlying cause of the mold has been remediated so
that it is reasonably certain that the mold will not  return  from  that
remediated  area. If it has been determined that the underlying cause of
the mold has not been remediated, the  mold  assessment  licensee  shall
make  a  recommendation  to  the client as to the type of contractor who
could remedy the source of the mold or the moisture causing the mold.
3. A mold assessment licensee who determines that remediation has been
successful shall issue a written passed clearance report to  the  client
at the conclusion of each mold remediation project.
4. If the mold assessment licensee determines that remediation has not
been  successful, the licensee shall issue a written final status report
to the client and to the  remediation  licensee  and  recommend  to  the
client  that  either a new assessment be conducted, that the remediation
plan as originally developed be completed, or the underlying  causes  of
mold be addressed, as appropriate.
2023 New York Laws › LAB - Labor › Article 32 - Licensing of Mold Inspection, Assessment and Remediation Specialists and Minimum Work Standards › Title 2 - Minimum Work Standards for the Conduct of Mold Assessments and Remediation by Licensed Persons › 948 - Investigations and Complaints.

§  948. Investigations and complaints. The commissioner shall have the
  authority to inspect ongoing  or  completed  mold  assessment  and  mold
  remediation projects and to conduct an investigation upon his or her own
  initiation or upon receipt of a complaint by any person or entity.
2023 New York Laws › LAB - Labor › Article 33 - Elevators and Other Conveyances; Licensing › 952 - Licensing and Compliance Requirements.

§  952.  Licensing and compliance requirements. 1. Except as otherwise
provided for in subdivisions three,  four,  and  five  of  section  nine
hundred  fifty of this article, it shall be unlawful for any business or
person:
(a) to engage in the business of  elevator  and  conveyance  work,  or
accessibility   lift  work,  or  hold  themselves  out  as  an  elevator
contractor, or both, unless such person or business has a valid elevator
contractor's license; or
(b) to engage in the business of elevator and conveyance  inspections,
or  hold  themselves  out  as an elevator inspection contractor, or both
unless  such  person  or  business  has  a  valid  elevator   inspection
contractor's license; or
(c) any combination of the above.
2.  Except  as otherwise provided for in subdivisions three, four, and
five of section nine hundred fifty of this article, it shall be unlawful
for any person:
(a) to engage in elevator and conveyance work, or to  hold  themselves
out  as  an  elevator  mechanic, or both, unless such person has a valid
elevator mechanic's license and works for a licensed elevator contractor
or a public entity; or
(b) to engage in accessibility lift work, or to hold themselves out as
accessibility lift technicians, or both, unless such person has a  valid
accessibility  lift  technician's  license  and  works  for  a  licensed
elevator contractor or a public entity; or
(c) to engage in elevator  and  conveyance  inspections,  or  to  hold
themselves  out  as  an  elevator inspector, or both, unless such person
holds an elevator inspector's license and works for a licensed  elevator
inspection contractor or a public entity; or
(d)  any  combination  of  the  above,  provided,  however,  that  the
installation of branch circuits and wiring terminations for machine room
and pit lighting, receptacles and HVAC as described in the NFPA National
Electric Code 620.23 and 620.24 as well as fire and heat  detectors  and
alarms, may be performed by a licensed electrical contractor.
3.  It  shall  be  the  responsibility of licensees to ensure that any
elevator and conveyance work or elevator and conveyance inspections that
they perform is in compliance with existing state and local building and
maintenance codes.
4. It shall be the responsibility of holders of business  licenses  to
ensure  that  the  licensing requirements of subdivisions one and two of
this section are complied with by their employees and by businesses that
they contract with, and to immediately report to  the  commissioner  any
failures  to  comply with the licensing requirements of subdivisions one
and two of this section by other businesses or persons that they  become
aware of.
2023 New York Laws › LAB - Labor › Article 33 - Elevators and Other Conveyances; Licensing › 953 - License Procedure.

§  953.  License  procedure.  All  applications  for licenses shall be
submitted to the  department  in  writing  on  forms  furnished  by  the
commissioner and shall contain the information set forth in this section
as well as any additional information that the commissioner may require.
The  commissioner  shall also set fees for licensing under this section.
Upon approval of an application for a  license  the  commissioner  shall
issue such license which shall be valid for two years. The fees for such
license and renewal thereof shall be set by the commissioner. Any denial
for such application shall set forth the reasons therefor.
1. Applications for business licenses. Every application for a license
under this article shall include the following:
(a)   the  name,  residence  address,  and  business  address  of  the
applicant;
(b) the number of years the applicant has engaged in the  business  or
practice of elevator contracting;
(c)  the  approximate number of persons, if any, to be employed by the
applicant;
(d) evidence that the applicant is  or  will  be  covered  by  general
liability, personal injury, and property damage insurance; and
(e) any other information which the commissioner may require.
2.  Application  for  occupational  licenses.  Every application for a
license under this article shall include the following:
(a) the name and residential address of the applicant;
(b) the relevant experience of  the  applicant,  including  years,  or
hours,  or  both,  of  experience  in performing elevator and conveyance
work, or elevator inspection work,  or  both  and  the  nature  of  such
experience,  and  the  names  of  the  elevator  contractors or elevator
inspection contractors that the applicant has worked for, including  the
license numbers of such contractors;
(c) any training completed by the applicant, including certificates of
completion;
(d)  any  continuing  education  completed by the applicant, including
certificates of completion;
(e) the name and license number, if known, of the elevator  contractor
or  elevator inspection contractor that the applicant works for or seeks
to work for; and
(f) any other information which the commissioner may require.
3. The department  shall  maintain  and  publish  a  registry  of  all
licenses  issued  pursuant  to  this section and shall make the registry
available on its website.
2023 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 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.
2023 New York Laws › LAB - Labor › Article 33 - Elevators and Other Conveyances; Licensing › 957 - Exempt Persons.

§ 957. Exempt persons. 1. This article shall not be construed to apply
  to  the  practice, conduct, activities, or services by a person licensed
  to practice architecture within  this  state  pursuant  to  article  one
  hundred  forty-seven  of  the  education  law or engineering within this
  state pursuant to article one hundred forty-five of the education law.
2. This article shall not be construed to  apply  to  the  outfitting,
  removal,  refinishing, or replacement of interior finishes of elevators,
  including wall panels, drop ceilings, handrails and flooring, removal or
  replacement of interior lighting,  recladding  of  doors,  transoms  and
  front  return  panels,  finishing  or  ornamental  work  on elevator car
  operating panels.
3. This article shall not be construed to apply to the operation of an
  elevator by any  person  employed  as  an  operator  of  such  elevator,
  including elevators operating under a temporary certificate of occupancy
  as issued by the appropriate issuing agency.