§ 954 — Qualifications, training, and continuing education

§ 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) 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; or\n (d) in the event an elevator contractor encounters a verifiable\nshortage of licensed mechanics, an elevator contractor may request that\nthe department issue a temporary elevator mechanic license to an\nelevator apprentice who can provide documentation demonstrating that\nsuch apprentice is currently enrolled in an elevator apprenticeship\nprogram and has a minimum of four thousand hours of elevator industry\nexperience. A verifiable shortage can be declared by a majority vote of\nthe board, and may be extended at each subsequent meeting of the board.\nEach temporary elevator mechanic license shall be valid for forty-five\ndays so long as such temporary elevator mechanic is employed by the\nlicensed elevator contractor that requested the temporary elevator\nmechanic license and shall be renewable so long as the shortage of\nlicense holders exists. Fees shall be determined by the board.\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 board 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 board\nmay 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 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 7. Special provisions. No person shall erect, construct, alter,\nreplace, maintain, remove, or dismantle any conveyance, or wire any\nconveyance from the mainline feeder terminals on the controller in\nexisting buildings or structures in the jurisdiction of this state\nunless such person is a licensed elevator mechanic working under the\ndirect supervision of a licensed elevator contractor. A licensed\nelevator contractor is not required for removing or dismantling\nconveyances, which are destroyed as a result of a complete demolition of\nan existing building or structure.\n