Legislation

§ 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) 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; or

(d) in the event an elevator contractor encounters a verifiable
shortage 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 apprentice 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
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 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 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.

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.

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
direct supervision of a licensed elevator contractor. A licensed
elevator 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.