Qualifications, Training, and Continuing Education.

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* § 954. Qualifications, training and continuing education. 1. No license shall be granted to any person who has not paid the required application fee and demonstrated his or her qualifications and abilities. Applicants for a mechanic's license must demonstrate one of the following qualifications:

(a) acceptable proof that he or she has worked 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, provided that such applicant shall file such application within one year of release and access to the licensing application as defined in this article; or

(b) a certificate of successful completion of the joint apprentice and training committee of the elevator industry of local 3, IBEW, EE division training program or an apprenticeship program for elevator mechanics, having standards substantially equal to those of this chapter, and registered with the bureau of apprenticeship and training, U.S. department of labor or a state apprenticeship council; or

(c) industry educational program, The National Association of Elevator Contractors (NAEC) Certified Elevator Technician (CET), or their equivalent; or

(d) The commissioner shall upon application and without examination, issue a license to any person over the age of eighteen years who has been duly licensed by any other state of the United States to engage in the business of construction, inspection, maintenance, alteration and repair of elevators as verified by current and previous employers, upon compliance with standards and requirements not lower, in the judgement of the commissioner than those of this state, provided, however, that such state extends the same reciprocity to the licensees of this state. Such application shall be accompanied by the required license fee. 2. Applicants for an elevator contractor's license must demonstrate to the commissioner that such elevator contractor employs licensed elevator mechanics who perform the work described in section nine hundred fifty of this article and have proof of compliance with the insurance requirements set forth in paragraph (d) of subdivision one of section nine hundred fifty-three of this article. 3. Applicants for an elevator inspector's license must demonstrate to the satisfaction of the commissioner that such applicant meets or exceeds applicable standards such as a Qualified Elevator Inspector (QEI) or its equivalent. Private elevator inspectors shall maintain the same insurance requirements as an elevator contractor. 4. (a) The renewal of all licenses granted under the provisions of this subdivision shall be conditioned upon the submission of a certificate 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. Such course shall consist of not less than eight contact hours (.8 CEU) annually and completed preceding any such license renewal. The commissioner shall establish requirements for continuing education and training programs, and shall approve such programs, 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 shall 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.

(b) The commissioner shall assess a fee for each training program completion certificate and for each refresher training program completion certificate provided, however, that in no event shall the cost of such certificates be assessed by the sponsor of such training program against the participants. 5. The renewal of all licenses granted under the provisions of this section shall be conditioned upon the submission of a certificate of completion of a course designed to ensure the continuing education of licensees on new and existing regulations of the department. Such course shall consist of not less than eight contact hours (.8 CEU) of instruction that shall be attended and completed annually prior to any such license renewal. The courses shall be taught through continuing education providers that may include, but shall not be limited to, association seminars, and labor training programs or programs that deliver an approved apprenticeship and are registered with the department or the New York state apprenticeship training council. The commissioner shall approve the continuing education providers. All instructors shall be exempt from the requirements of the preceding paragraph with regard to their application for license renewal provided that such applicant was qualified as an instructor at any time during the one year immediately preceding the scheduled date for such renewal. Approved training providers shall keep uniform records, for a period of six years, of attendance of licensees following a format approved by the commissioner and such records shall be available for inspection by the commissioner at his or her request. Approved training providers shall be responsible for the security of all attendance records and certificates of completion; provided, however, that falsifying or knowingly allowing another to falsify such attendance records or certificates of completion shall constitute grounds for suspension or revocation of the approval required under this section. * NB Effective and Repealed January 1, 2022 * § 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) 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 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. 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 commissioner 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 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. * NB Effective January 1, 2022


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