S T A T E   O F   N E W   Y O R K
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                                  7944--A
     Cal. No. 1300
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2025
                                ___________
 
 Introduced  by Sens. RAMOS, JACKSON, C. RYAN, S. RYAN, SCARCELLA-SPANTON
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Labor --  reported  favorably  from  said  committee,
   ordered to first and second report, ordered to a third reading, passed
   by  Senate and delivered to the Assembly, recalled, vote reconsidered,
   restored to third reading, amended and  ordered  reprinted,  retaining
   its place in the order of third reading
 
 AN  ACT to amend the labor law, in relation to clarifying key provisions
   around elevator licensing on examinations and experience
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  4 and 5 of section 954 of the labor law, as
 added by section 1 of subpart O of part XX of chapter 55 of the laws  of
 2020, are amended and a new subdivision 7 is added to read as follows:
   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 qual-
 ifications  and abilities, training, and continuing education by provid-
 ing 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 eleva-
 tor  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 Servi-
 cer  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 regis-
 tered with the bureau of apprenticeship and training, U.S.    department
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11118-03-5
 S. 7944--A                          2
 
 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 commis-
 sion  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[.]; OR
   (D) IN THE EVENT AN ELEVATOR CONTRACTOR ENCOUNTERS A VERIFIABLE SHORT-
 AGE  OF  LICENSED MECHANICS, AN ELEVATOR CONTRACTOR MAY REQUEST THAT THE
 DEPARTMENT ISSUE A TEMPORARY ELEVATOR MECHANIC LICENSE  TO  AN  ELEVATOR
 APPRENTICE WHO CAN PROVIDE DOCUMENTATION DEMONSTRATING THAT SUCH APPREN-
 TICE IS CURRENTLY ENROLLED IN AN ELEVATOR APPRENTICESHIP PROGRAM AND HAS
 A  MINIMUM  OF  FOUR  THOUSAND HOURS OF ELEVATOR INDUSTRY EXPERIENCE.  A
 VERIFIABLE SHORTAGE CAN BE DECLARED BY A MAJORITY VOTE OF THE BOARD, AND
 MAY BE EXTENDED AT EACH SUBSEQUENT MEETING OF THE BOARD. EACH  TEMPORARY
 ELEVATOR  MECHANIC LICENSE SHALL BE VALID FOR FORTY-FIVE DAYS SO LONG AS
 SUCH TEMPORARY ELEVATOR MECHANIC IS EMPLOYED BY  THE  LICENSED  ELEVATOR
 CONTRACTOR  THAT  REQUESTED  THE TEMPORARY ELEVATOR MECHANIC LICENSE AND
 SHALL BE RENEWABLE SO LONG AS THE SHORTAGE OF  LICENSE  HOLDERS  EXISTS.
 FEES SHALL BE DETERMINED BY THE BOARD.
   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 techni-
 cal 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]  BOARD  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] BOARD 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.
   7. SPECIAL PROVISIONS.   NO  PERSON  SHALL  ERECT,  CONSTRUCT,  ALTER,
 REPLACE,  MAINTAIN,  REMOVE,  OR  DISMANTLE  ANY CONVEYANCE, OR WIRE ANY
 CONVEYANCE FROM THE MAINLINE  FEEDER  TERMINALS  ON  THE  CONTROLLER  IN
 EXISTING  BUILDINGS  OR  STRUCTURES  IN  THE  JURISDICTION OF THIS STATE
 UNLESS SUCH PERSON IS A LICENSED ELEVATOR  MECHANIC  WORKING  UNDER  THE
 S. 7944--A                          3
 
 DIRECT  SUPERVISION OF A LICENSED ELEVATOR CONTRACTOR. A LICENSED ELEVA-
 TOR CONTRACTOR IS NOT REQUIRED FOR REMOVING OR DISMANTLING  CONVEYANCES,
 WHICH  ARE DESTROYED AS A RESULT OF A COMPLETE DEMOLITION OF AN EXISTING
 BUILDING OR STRUCTURE.
   §  2.  Paragraph (a) of subdivision 4 of section 955 of the labor law,
 as added by section 1 of subpart O of part XX of chapter 55 of the  laws
 of 2020, is amended to read as follows:
   (a)  Except  as  provided in paragraph (b) of this subdivision, if the
 commissioner finds, after notice and hearing,  that  an  individual  has
 violated  any  provision  of this article, [he or she] SUCH COMMISSIONER
 may impose a civil penalty not to exceed [one] TEN thousand dollars  for
 each  such  violation. IN CASES WHERE A CONTRACTOR EMPLOYED OR RELIED ON
 UNLICENSED MECHANICS, THE COMMISSIONER SHALL IMPOSE CIVIL  PENALTIES  ON
 THE  CONTRACTOR  OR  OTHER PARTY RESPONSIBLE FOR EACH PERSON FOUND TO BE
 WORKING WITHOUT A LICENSE BY SUCH CONTRACTOR OR PARTY. Upon a second  or
 subsequent  violation within three years of the determination of a prior
 violation, the commissioner may impose a civil  penalty  not  to  exceed
 [two] TWENTY thousand dollars PER VIOLATION.
   §  3.  The labor law is amended by adding a new section 958 to read as
 follows:
   § 958. INSPECTION OF ELEVATORS AND CONVEYANCES. EXCEPT IN A CITY  WITH
 A  POPULATION  OF ONE MILLION OR MORE, IT SHALL BE THE RESPONSIBILITY OF
 THE OWNER OF ALL ELEVATORS AND OTHER CONVEYANCES SUBJECT TO THIS ARTICLE
 TO ENSURE THAT SUCH EQUIPMENT CONFORMS TO THE FOLLOWING  INSPECTION  AND
 TESTING REQUIREMENTS:
   1. NEW OR ALTERED CONVEYANCES SHALL BE INSPECTED AND TESTED IN ACCORD-
 ANCE  WITH  THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS SAFETY CODE FOR
 ELEVATORS AND ESCALATORS VERSION A17.1/CSA B-44, SECTION 8.10.
   2. EXISTING CONVEYANCES SHALL BE INSPECTED AND  TESTED  IN  ACCORDANCE
 WITH THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS SAFETY CODE FOR ELEVA-
 TORS AND ESCALATORS VERSION A17.1/CSA B-44, SECTION 8.11.
   3.  INSPECTIONS  AND  TESTS OF CONVEYANCES REQUIRED UNDER THIS SECTION
 SHALL BE CONDUCTED TO ENSURE THE CONVEYANCES ARE OPERATED AND MAINTAINED
 IN ACCORDANCE WITH APPLICABLE CODE REQUIREMENTS FOR SUCH CONVEYANCES  AS
 ADOPTED OR DETERMINED BY THE DEPARTMENT.
   4.  IT  SHALL BE THE RESPONSIBILITY OF THE OWNER OF ALL CONVEYANCES TO
 ENSURE THAT THE INSPECTIONS AND TESTS REQUIRED PURSUANT TO THIS  SECTION
 ARE  PERFORMED  IN  COMPLIANCE WITH THE APPLICABLE CODE REQUIREMENTS FOR
 SUCH CONVEYANCES AS ADOPTED OR DETERMINED BY THE DEPARTMENT.
   5. ALL WORK REQUIRED FOR  INSPECTIONS  AND  THE  ASSOCIATED  TESTS  OF
 ELEVATORS  AND OTHER CONVEYANCES SHALL BE PERFORMED BY A LICENSED ELEVA-
 TOR MECHANIC AND SHALL BE PHYSICALLY WITNESSED BY  A  LICENSED  ELEVATOR
 INSPECTOR  TO  ENSURE  COMPLIANCE  WITH APPLICABLE CODE REQUIREMENTS FOR
 SUCH CONVEYANCES AS ADOPTED OR DETERMINED BY THE DEPARTMENT.
   6. ALL  INSPECTIONS  OF  ELEVATORS  AND  OTHER  CONVEYANCES  SHALL  BE
 PERFORMED  BY  A  LICENSED  ELEVATOR INSPECTOR TO ENSURE COMPLIANCE WITH
 APPLICABLE CODE REQUIREMENTS FOR SUCH CONVEYANCES AS ADOPTED  OR  DETER-
 MINED BY THE DEPARTMENT.
   7.  WHEN  ANY  TESTS  ON  ELEVATORS OR OTHER CONVEYANCES ARE PERFORMED
 PURSUANT TO THIS SECTION AND SUCH TESTS ARE REQUIRED TO BE WITNESSED  BY
 A  LICENSED ELEVATOR INSPECTOR IN ACCORDANCE WITH THIS SECTION OR APPLI-
 CABLE INDUSTRY CODES OR STANDARDS INCORPORATED HEREIN, SUCH  INSPECTIONS
 SHALL  BE  CONDUCTED BY A LICENSED ELEVATOR INSPECTOR WHO IS EMPLOYED BY
 THE STATE AND WHO SHALL  BE  PHYSICALLY  PRESENT  DURING  THE  TESTS  TO
 WITNESS SUCH TESTS TO ENSURE THEY ARE PROPERLY ADMINISTERED AND TO VERI-
 FY TEST RESULTS.
 S. 7944--A                          4
 
   8. SUBSEQUENT TO ANY INSPECTION, THE LICENSED ELEVATOR INSPECTOR SHALL
 SUPPLY  THE  PROPERTY OWNER AND THE DEPARTMENT WITH A WRITTEN INSPECTION
 REPORT VERIFYING CODE  COMPLIANCE  OR  DESCRIBING  ANY  CODE  VIOLATIONS
 FOUND.    IT  SHALL  BE  THE  RESPONSIBILITY OF THE DEPARTMENT TO VERIFY
 COMPLIANCE  WITH  THE  REQUIREMENTS  OF THIS CHAPTER AND APPLICABLE CODE
 REQUIREMENTS, AS ADOPTED OR REQUIRED BY THE DEPARTMENT.
   § 4. This act shall take effect immediately.