N.Y. Labor Law § 954: Qualifications, training, and continuing education

§ 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 commissioner 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 determined by the commissioner

in consultation with the board. Each temporary elevator mechanic license

shall be valid for ninety 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 verifiable shortage of license holders exists. Fees shall be

determined by the commissioner.

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 be empowered to make

recommendations to the commissioner on nationally recognized continuing

education and training programs. The commissioner shall establish

requirements for continuing education and training programs which shall

be reviewed by the board annually, 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.

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.