NY Lab L § 954 (2021)
2021 New York Laws LAB - Labor Article 33 - Elevators and Other Conveyances; Licensing 954 - Qualifications, Training, and Continuing Education.

* §  954.  Qualifications,  training  and  continuing education. 1. No license shall be granted to any person who has  not  paid  the  required application   fee   and  demonstrated  his  or  her  qualifications  and abilities. Applicants for a mechanic's license must demonstrate  one  of the following qualifications:  (a)   acceptable   proof  that  he  or  she  has  worked  on  elevator construction,  maintenance  or  repair   with   direct   and   immediate supervision  in  this  state  for  a  period of not less than four years immediately prior to the effective date of this article,  provided  that such  applicant  shall  file such application within one year of release and access to the licensing application as defined in this article; or  (b) a certificate of successful completion of the joint apprentice and training committee of  the  elevator  industry  of  local  3,  IBEW,  EE division  training  program  or  an  apprenticeship program for elevator mechanics,  having  standards  substantially  equal  to  those  of  this chapter,  and registered with the bureau of apprenticeship and training, U.S. department of labor or a state apprenticeship council; or  (c) industry educational program, The National Association of Elevator Contractors  (NAEC)  Certified  Elevator  Technician  (CET),  or   their equivalent; or  (d)  The  commissioner shall upon application and without examination, issue a license to any person over the age of  eighteen  years  who  has been  duly licensed by any other state of the United States to engage in the business of construction, inspection,  maintenance,  alteration  and repair  of elevators as verified by current and previous employers, upon compliance with standards and requirements not lower, in  the  judgement of  the  commissioner  than those of this state, provided, however, that such state extends the same reciprocity to the licensees of this  state. Such application shall be accompanied by the required license fee.   2. Applicants for an elevator contractor's license must demonstrate to the commissioner that such elevator contractor employs licensed elevator mechanics  who  perform the work described in section nine hundred fifty of this  article  and  have  proof  of  compliance  with  the  insurance requirements  set  forth  in paragraph (d) of subdivision one of section nine hundred fifty-three of this article.   3. Applicants for an elevator inspector's license must demonstrate  to the  satisfaction  of  the  commissioner  that  such  applicant meets or exceeds applicable standards such  as  a  Qualified  Elevator  Inspector (QEI)  or its equivalent. Private elevator inspectors shall maintain the same insurance requirements as an elevator contractor.   4. (a) The renewal of all licenses granted  under  the  provisions  of this   subdivision  shall  be  conditioned  upon  the  submission  of  a certificate of completion of a course designed to ensure the  continuing education  of  licensees  on new and existing national, state, and local conveyances  codes  and  standards  and  on  technology  and   technical education  and  workplace  safety. Such course shall consist of not less than eight contact hours (.8 CEU) annually and completed  preceding  any such  license renewal. The commissioner shall establish requirements for continuing education and  training  programs,  and  shall  approve  such programs, as well as maintain a list of approved programs which shall be made   available  to  license  applicants,  permit  applicants,  renewal applicants and other interested parties upon request.  The  commissioner 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 other rules and regulations as the commissioner deems necessary and proper to effectuate the purposes of this section.  (b) The commissioner shall assess a  fee  for  each  training  program completion   certificate   and   for  each  refresher  training  program  completion certificate provided, however, that in  no  event  shall  the cost  of  such  certificates be assessed by the sponsor of such training program against the participants.   5.  The  renewal  of all licenses granted under the provisions of this section shall be conditioned upon the submission  of  a  certificate  of completion  of  a  course designed to ensure the continuing education of licensees on new and existing regulations of the department. Such course shall consist  of  not  less  than  eight  contact  hours  (.8  CEU)  of instruction  that  shall be attended and completed annually prior to any such license renewal.   The courses shall be taught  through  continuing  education  providers that may include, but shall not be limited to, association seminars, and labor   training   programs   or   programs  that  deliver  an  approved apprenticeship and are registered with the department or  the  New  York state  apprenticeship  training  council. The commissioner shall approve the continuing education providers. All instructors shall be exempt from the requirements  of  the  preceding  paragraph  with  regard  to  their application  for  license  renewal  provided  that  such  applicant  was qualified as an instructor at any time during the one  year  immediately preceding the scheduled date for such renewal.   Approved  training  providers shall keep uniform records, for a period of six years, of attendance of licensees following a format approved  by the  commissioner  and such records shall be available for inspection by the commissioner at his or  her  request.  Approved  training  providers shall  be  responsible  for  the  security of all attendance records and certificates  of  completion;  provided,  however,  that  falsifying  or knowingly  allowing  another  to  falsify  such  attendance  records  or certificates of completion shall constitute grounds  for  suspension  or revocation of the approval required under this section.   * NB Effective and Repealed January 1, 2022   * §  954.  Qualifications,  training,  and continuing education. 1. No license or application for renewal shall be granted to any  business  or person  who  has  not paid the required application fee and demonstrated his or her qualifications and abilities, training,  and  any  applicable continuing  education, by obtaining and maintaining in good standing the industry certifications and continuing education identified or  required in this section.  (a)  Applicants  for  an  elevator  mechanic's  license must possess a current industry certification issued by  the  National  Association  of Elevator Contractors (NAEC) as a Certified Elevator Technician (CET), or equivalent certification recognized by the commissioner.  (b)  Applicants  for  an  accessibility  lift  technician license must possess  a  current  industry  certification  issued  by  the   National Association  of Elevator Contractors (NAEC) as a certified accessibility and private residence lift technician (CAT)  program  or  an  equivalent certification recognized by the commissioner.  (c)  Applicants  for  an  elevator  inspector's license must possess a current  industry  certification  issued  by  the   Qualified   Elevator Inspector  Training  Fund  (QEITF)  or  by  the  National Association of Elevator Safety Authorities (NAESA) as a  qualified  elevator  inspector (QEI) or an equivalent license recognized by the commissioner.   2. Applicants for an elevator contractor's license must demonstrate to the commissioner that such elevator contractor employs licensed elevator mechanics  who  perform  elevator  and conveyance work and have proof of compliance with the insurance requirements of this article.   3. Applicants for an elevator  inspection  contractor's  license  must demonstrate  to the satisfaction of the commissioner that such applicant is  a  certified  elevator  inspector,  or  employs  certified  elevator  inspectors,  or both, to perform elevator and conveyance inspections and have proof  of  compliance  with  the  insurance  requirements  of  this article.   4.  Alternative  qualifications. Applicants for an elevator mechanic's license or accessibility lift technician's license who  do  not  possess the  industry  certifications  identified  above  may  demonstrate their qualifications and abilities,  training,  and  continuing  education  by providing acceptable proof of:  (a)  a  certificate  of successful completion and successfully passing the mechanic examination of a nationally recognized training program for the elevator industry  including,  but  not  limited  to,  the  national elevator  industry  educational  program or its equivalent, supplemented with continuing education as may be required by this section; or  (b) a certificate of successful completion  of  the  state  registered apprenticeship  programs  for  the  apprenticeable  trades  of  Elevator Servicer Repairer, including the joint apprentice and training committee of the elevator industry of local 3, IBEW, EE division training program, or equivalent registered apprenticeship program for elevator  mechanics, having   standards   substantially  equivalent  to  those  programs  and registered  with  the  bureau  of  apprenticeship  and  training,   U.S. department of labor or a state apprenticeship council, supplemented with continuing education as may be required by this section; or  (c)  work  on elevator construction, maintenance or repair with direct and immediate supervision in this state for a period of  not  less  than four  years  immediately  prior  to  the  effective date of this article supplemented with continuing education and testing as may be required by this section; or  (d) successful completion of an examination  established  by  the  New York  state  civil  service  commission  or  a  municipal  civil service commission having jurisdiction as defined by subdivision four of section two of the civil service  law,  subsequent  appointment  to  a  position related  to  work  on  elevator  construction,  maintenance,  mechanics, inspection, or repair as may be properly classified by the  commissioner of  civil  service  or  a  municipal  civil  service  commission  having jurisdiction, and work on elevator construction, maintenance, mechanics, inspection, or repair, with direct and  immediate  supervision  in  this state  for a period of not less than four years immediately prior to the effective date of this article supplemented with continuing education as may be required by this section.   5. Continuing education. The renewal of all licenses granted under the provisions of subdivision four of this section shall be conditioned upon acceptable proof of completion  of  a  course  designed  to  ensure  the continuing  education  of licensees on new and existing national, state, and  local  conveyances  codes  and  standards  and  on  technology  and technical  education  and  workplace  safety, provided the applicant was notified of the availability  of  such  courses  when  the  license  was previously  granted  or  renewed.  Such course shall consist of not less than eight contact hours (.8 CEU) annually and completed  preceding  any such  license renewal. The commissioner shall establish requirements for continuing education and  training  programs,  and  shall  approve  such programs  and providers, as well as maintain a list of approved programs which shall be made available to license applicants, permit  applicants, renewal  applicants  and  other  interested  parties  upon  request. The commissioner may promulgate rules  and  regulations  setting  forth  the criteria for approval of such programs, the procedures to be followed in applying  for  such  approval,  and  other  rules and regulations as the commissioner deems necessary and proper to effectuate  the  purposes  of this section.    6.  Examinations.  The  board shall determine, if after the successful completion of the first renewal, if an examination  is  warranted  as  a condition of a subsequent renewal provided the applicant was notified of the  availability  of  such  examination when the license was previously granted  or  renewed.  The  board shall take into consideration previous years' experience, training, and previous relevant examinations that the applicant has already completed.   * NB Effective January 1, 2022