N.Y. Lab. Law § 954

* § 954. Qualifications, training and continuing education. 1. No\nlicense shall be granted to any person who has not paid the required\napplication fee and demonstrated his or her qualifications and\nabilities. Applicants for a mechanic's license must demonstrate one of\nthe following qualifications:\n (a) acceptable proof that he or she has worked on elevator\nconstruction, maintenance or repair with direct and immediate\nsupervision in this state for a period of not less than four years\nimmediately prior to the effective date of this article, provided that\nsuch applicant shall file such application within one year of release\nand access to the licensing application as defined in this article; or\n (b) a certificate of successful completion of the joint apprentice and\ntraining committee of the elevator industry of local 3, IBEW, EE\ndivision training program or an apprenticeship program for elevator\nmechanics, having standards substantially equal to those of this\nchapter, and registered with the bureau of apprenticeship and training,\nU.S. department of labor or a state apprenticeship council; or\n (c) industry educational program, The National Association of Elevator\nContractors (NAEC) Certified Elevator Technician (CET), or their\nequivalent; or\n (d) The commissioner shall upon application and without examination,\nissue a license to any person over the age of eighteen years who has\nbeen duly licensed by any other state of the United States to engage in\nthe business of construction, inspection, maintenance, alteration and\nrepair of elevators as verified by current and previous employers, upon\ncompliance with standards and requirements not lower, in the judgement\nof the commissioner than those of this state, provided, however, that\nsuch state extends the same reciprocity to the licensees of this state.\nSuch application shall be accompanied by the required license fee.\n 2. Applicants for an elevator contractor's license must demonstrate to\nthe commissioner that such elevator contractor employs licensed elevator\nmechanics who perform the work described in section nine hundred fifty\nof this article and have proof of compliance with the insurance\nrequirements set forth in paragraph (d) of subdivision one of section\nnine hundred fifty-three of this article.\n 3. Applicants for an elevator inspector's license must demonstrate to\nthe satisfaction of the commissioner that such applicant meets or\nexceeds applicable standards such as a Qualified Elevator Inspector\n(QEI) or its equivalent. Private elevator inspectors shall maintain the\nsame insurance requirements as an elevator contractor.\n 4. (a) The renewal of all licenses granted under the provisions of\nthis subdivision shall be conditioned upon the submission of a\ncertificate of completion of a course designed to ensure the continuing\neducation of licensees on new and existing national, state, and local\nconveyances codes and standards and on technology and technical\neducation and workplace safety. Such course shall consist of not less\nthan eight contact hours (.8 CEU) annually and completed preceding any\nsuch license renewal. The commissioner shall establish requirements for\ncontinuing education and training programs, and shall approve such\nprograms, as well as maintain a list of approved programs which shall be\nmade available to license applicants, permit applicants, renewal\napplicants and other interested parties upon request. The commissioner\nshall promulgate rules and regulations setting forth the criteria for\napproval of such programs, the procedures to be followed in applying for\nsuch approval, and other rules and regulations as the commissioner deems\nnecessary and proper to effectuate the purposes of this section.\n (b) The commissioner shall assess a fee for each training program\ncompletion certificate and for each refresher training program\ncompletion certificate provided, however, that in no event shall the\ncost of such certificates be assessed by the sponsor of such training\nprogram against the participants.\n 5. The renewal of all licenses granted under the provisions of this\nsection shall be conditioned upon the submission of a certificate of\ncompletion of a course designed to ensure the continuing education of\nlicensees on new and existing regulations of the department. Such course\nshall consist of not less than eight contact hours (.8 CEU) of\ninstruction that shall be attended and completed annually prior to any\nsuch license renewal.\n The courses shall be taught through continuing education providers\nthat may include, but shall not be limited to, association seminars, and\nlabor training programs or programs that deliver an approved\napprenticeship and are registered with the department or the New York\nstate apprenticeship training council. The commissioner shall approve\nthe continuing education providers. All instructors shall be exempt from\nthe requirements of the preceding paragraph with regard to their\napplication for license renewal provided that such applicant was\nqualified as an instructor at any time during the one year immediately\npreceding the scheduled date for such renewal.\n Approved training providers shall keep uniform records, for a period\nof six years, of attendance of licensees following a format approved by\nthe commissioner and such records shall be available for inspection by\nthe commissioner at his or her request. Approved training providers\nshall be responsible for the security of all attendance records and\ncertificates of completion; provided, however, that falsifying or\nknowingly allowing another to falsify such attendance records or\ncertificates of completion shall constitute grounds for suspension or\nrevocation of the approval required under this section.\n * NB Effective and Repealed January 1, 2022\n * § 954. Qualifications, training, and continuing education. 1. No\nlicense or application for renewal shall be granted to any business or\nperson who has not paid the required application fee and demonstrated\nhis or her qualifications and abilities, training, and any applicable\ncontinuing education, by obtaining and maintaining in good standing the\nindustry certifications and continuing education identified or required\nin this section.\n (a) Applicants for an elevator mechanic's license must possess a\ncurrent industry certification issued by the National Association of\nElevator Contractors (NAEC) as a Certified Elevator Technician (CET), or\nequivalent certification recognized by the commissioner.\n (b) Applicants for an accessibility lift technician license must\npossess a current industry certification issued by the National\nAssociation of Elevator Contractors (NAEC) as a certified accessibility\nand private residence lift technician (CAT) program or an equivalent\ncertification recognized by the commissioner.\n (c) Applicants for an elevator inspector's license must possess a\ncurrent industry certification issued by the Qualified Elevator\nInspector Training Fund (QEITF) or by the National Association of\nElevator Safety Authorities (NAESA) as a qualified elevator inspector\n(QEI) or an equivalent license recognized by the commissioner.\n 2. Applicants for an elevator contractor's license must demonstrate to\nthe commissioner that such elevator contractor employs licensed elevator\nmechanics who perform elevator and conveyance work and have proof of\ncompliance with the insurance requirements of this article.\n 3. Applicants for an elevator inspection contractor's license must\ndemonstrate to the satisfaction of the commissioner that such applicant\nis a certified elevator inspector, or employs certified elevator\ninspectors, or both, to perform elevator and conveyance inspections and\nhave proof of compliance with the insurance requirements of this\narticle.\n 4. Alternative qualifications. Applicants for an elevator mechanic's\nlicense or accessibility lift technician's license who do not possess\nthe industry certifications identified above may demonstrate their\nqualifications and abilities, training, and continuing education by\nproviding acceptable proof of:\n (a) a certificate of successful completion and successfully passing\nthe mechanic examination of a nationally recognized training program for\nthe elevator industry including, but not limited to, the national\nelevator industry educational program or its equivalent, supplemented\nwith continuing education as may be required by this section; or\n (b) a certificate of successful completion of the state registered\napprenticeship programs for the apprenticeable trades of Elevator\nServicer Repairer, including the joint apprentice and training committee\nof the elevator industry of local 3, IBEW, EE division training program,\nor equivalent registered apprenticeship program for elevator mechanics,\nhaving standards substantially equivalent to those programs and\nregistered with the bureau of apprenticeship and training, U.S.\ndepartment of labor or a state apprenticeship council, supplemented with\ncontinuing education as may be required by this section; or\n (c) work on elevator construction, maintenance or repair with direct\nand immediate supervision in this state for a period of not less than\nfour years immediately prior to the effective date of this article\nsupplemented with continuing education and testing as may be required by\nthis section; or\n (d) successful completion of an examination established by the New\nYork state civil service commission or a municipal civil service\ncommission having jurisdiction as defined by subdivision four of section\ntwo of the civil service law, subsequent appointment to a position\nrelated to work on elevator construction, maintenance, mechanics,\ninspection, or repair as may be properly classified by the commissioner\nof civil service or a municipal civil service commission having\njurisdiction, and work on elevator construction, maintenance, mechanics,\ninspection, or repair, with direct and immediate supervision in this\nstate for a period of not less than four years immediately prior to the\neffective date of this article supplemented with continuing education as\nmay be required by this section.\n 5. Continuing education. The renewal of all licenses granted under the\nprovisions of subdivision four of this section shall be conditioned upon\nacceptable proof of completion of a course designed to ensure the\ncontinuing education of licensees on new and existing national, state,\nand local conveyances codes and standards and on technology and\ntechnical education and workplace safety, provided the applicant was\nnotified of the availability of such courses when the license was\npreviously granted or renewed. Such course shall consist of not less\nthan eight contact hours (.8 CEU) annually and completed preceding any\nsuch license renewal. The commissioner shall establish requirements for\ncontinuing education and training programs, and shall approve such\nprograms and providers, as well as maintain a list of approved programs\nwhich shall be made available to license applicants, permit applicants,\nrenewal applicants and other interested parties upon request. The\ncommissioner may promulgate rules and regulations setting forth the\ncriteria for approval of such programs, the procedures to be followed in\napplying for such approval, and other rules and regulations as the\ncommissioner deems necessary and proper to effectuate the purposes of\nthis section.\n 6. Examinations. The board shall determine, if after the successful\ncompletion of the first renewal, if an examination is warranted as a\ncondition of a subsequent renewal provided the applicant was notified of\nthe availability of such examination when the license was previously\ngranted or renewed. The board shall take into consideration previous\nyears' experience, training, and previous relevant examinations that the\napplicant has already completed.\n * NB Effective January 1, 2022\n