S 7944: Relates to certain provisions on elevator licensing and temporary elevator mechanics; relates to civil penalties for unlicensed mechanics; clarifies inspection provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 7944 2025-2026 Regular Sessions  IN SENATE May 14, 2025 ___________ Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to clarifying key provisions around elevator licensing on examinations and experience The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 4 and 5 of section 954 of the labor law, as 2 added by section 1 of subpart O of part XX of chapter 55 of the laws of 3 2020, are amended and a new subdivision 7 is added to read as follows: 4 4. Alternative qualifications. Applicants for an elevator mechanic's 5 license or accessibility lift technician's license who do not possess 6 the industry certifications identified above may demonstrate their qual- 7 ifications and abilities, training, and continuing education by provid- 8 ing acceptable proof of: 9 (a) a certificate of successful completion and successfully passing 10 the mechanic examination of a nationally recognized training program for 11 the elevator industry including, but not limited to, the national eleva- 12 tor industry educational program or its equivalent, supplemented with 13 continuing education as may be required by this section; or 14 (b) a certificate of successful completion of the state registered 15 apprenticeship programs for the apprenticeable trades of Elevator Servi- 16 cer Repairer, including the joint apprentice and training committee of 17 the elevator industry of local 3, IBEW, EE division training program, or 18 equivalent registered apprenticeship program for elevator mechanics, 19 having standards substantially equivalent to those programs and regis- 20 tered with the bureau of apprenticeship and training, U.S. department 21 of labor or a state apprenticeship council, supplemented with continuing 22 education as may be required by this section; or 23 (c) [work on elevator construction, maintenance or repair with direct 24 and immediate supervision in this state for a period of not less than 25 four years immediately prior to the effective date of this article EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11118-01-5 
 S. 7944 2 1 supplemented with continuing education and testing as may be required by 2 this section; or 3 (d)] successful completion of an examination established by the New 4 York state civil service commission or a municipal civil service commis- 5 sion having jurisdiction as defined by subdivision four of section two 6 of the civil service law, subsequent appointment to a position related 7 to work on elevator construction, maintenance, mechanics, inspection, or 8 repair as may be properly classified by the commissioner of civil 9 service or a municipal civil service commission having jurisdiction, and 10 work on elevator construction, maintenance, mechanics, inspection, or 11 repair, with direct and immediate supervision in this state for a period 12 of not less than four years immediately prior to the effective date of 13 this article supplemented with continuing education as may be required 14 by this section[.]; or 15 (d) in the event an elevator contractor encounters a verifiable short- 16 age of licensed mechanics, an elevator contractor may request that the 17 department issue a temporary elevator mechanic license to an elevator 18 apprentice who can provide documentation demonstrating that such appren- 19 tice is currently enrolled in an elevator apprenticeship program and has 20 a minimum of four thousand hours of elevator industry experience. A 21 verifiable shortage can be declared by a majority vote of the board, and 22 may be extended at each subsequent meeting of the board. Each temporary 23 elevator mechanic license shall be valid for forty-five days so long as 24 such temporary elevator mechanic is employed by the licensed elevator 25 contractor that requested the temporary elevator mechanic license and 26 shall be renewable so long as the shortage of license holders exists. 27 Fees shall be determined by the board. 28 5. Continuing education. The renewal of all licenses granted under the 29 provisions of subdivision four of this section shall be conditioned upon 30 acceptable proof of completion of a course designed to ensure the 31 continuing education of licensees on new and existing national, state, 32 and local conveyances codes and standards and on technology and techni- 33 cal education and workplace safety, provided the applicant was notified 34 of the availability of such courses when the license was previously 35 granted or renewed. Such course shall consist of not less than eight 36 contact hours (.8 CEU) annually and completed preceding any such license 37 renewal. The [commissioner] board shall establish requirements for 38 continuing education and training programs, and shall approve such 39 programs and providers, as well as maintain a list of approved programs 40 which shall be made available to license applicants, permit applicants, 41 renewal applicants and other interested parties upon request. The 42 [commissioner] board may promulgate rules and regulations setting forth 43 the criteria for approval of such programs, the procedures to be 44 followed in applying for such approval, and other rules and regulations 45 as the commissioner deems necessary and proper to effectuate the 46 purposes of this section. 47 7. Special provisions. No person shall erect, construct, alter, 48 replace, maintain, remove, or dismantle any conveyance, or wire any 49 conveyance from the mainline feeder terminals on the controller in 50 existing buildings or structures in the jurisdiction of this state 51 unless such person is a licensed elevator mechanic working under the 52 direct supervision of a licensed elevator contractor. A licensed eleva- 53 tor contractor is not required for removing or dismantling conveyances, 54 which are destroyed as a result of a complete demolition of an existing 55 building or structure. 
 S. 7944 3 1 § 2. Paragraph (a) of subdivision 4 of section 955 of the labor law, 2 as added by section 1 of subpart O of part XX of chapter 55 of the laws 3 of 2020, is amended to read as follows: 4 (a) Except as provided in paragraph (b) of this subdivision, if the 5 commissioner finds, after notice and hearing, that an individual has 6 violated any provision of this article, [he or she] such commissioner 7 may impose a civil penalty not to exceed [one] ten thousand dollars for 8 each such violation. Civil penalties shall apply to each day a violation 9 exists. In cases where a contractor employed or relied on unlicensed 10 mechanics, the commissioner shall impose civil penalties on the contrac- 11 tor or other party responsible for each person found to be working with- 12 out a license for each day worked by such contractor or party. Upon a 13 second or subsequent violation within three years of the determination 14 of a prior violation, the commissioner may impose a civil penalty not to 15 exceed [two] twenty thousand dollars per violation. 16 § 3. The labor law is amended by adding a new section 958 to read as 17 follows: 18 § 958. Inspection of elevators and conveyances. Except in a city with 19 a population of one million or more, it shall be the responsibility of 20 the owner of all elevators and other conveyances subject to this article 21 to ensure that such equipment conforms to the following inspection and 22 testing requirements: 23 1. New or altered conveyances shall be inspected and tested in accord- 24 ance with the American Society of Mechanical Engineers safety code for 25 elevators and escalators version A17.1/CSA B-44, section 8.10. 26 2. Existing conveyances shall be inspected and tested in accordance 27 with the American Society of Mechanical Engineers safety code for eleva- 28 tors and escalators version A17.1/CSA B-44, section 8.11. 29 3. Inspections and tests of conveyances required under this section 30 shall be conducted to ensure the conveyances are operated and maintained 31 in accordance with applicable code requirements for such conveyances as 32 adopted or determined by the department. 33 4. It shall be the responsibility of the owner of all conveyances to 34 ensure that the inspections and tests required pursuant to this section 35 are performed in compliance with the applicable code requirements for 36 such conveyances as adopted or determined by the department. 37 5. All work required for inspections and the associated tests of 38 elevators and other conveyances shall be performed by a licensed eleva- 39 tor mechanic and shall be physically witnessed by a licensed elevator 40 inspector to ensure compliance with applicable code requirements for 41 such conveyances as adopted or determined by the department. 42 6. All inspections of elevators and other conveyances shall be 43 performed by a licensed elevator inspector to ensure compliance with 44 applicable code requirements for such conveyances as adopted or deter- 45 mined by the department. 46 7. When any tests on elevators or other conveyances are performed 47 pursuant to this section and such tests are required to be witnessed by 48 a licensed elevator inspector in accordance with this section or appli- 49 cable industry codes or standards incorporated herein, such inspections 50 shall be conducted by a licensed elevator inspector who is employed by 51 the state and who shall be physically present during the tests to 52 witness such tests to ensure they are properly administered and to veri- 53 fy test results. 54 8. Subsequent to any inspection, the licensed elevator inspector shall 55 supply the property owner and the department with a written inspection 56 report verifying code compliance or describing any code violations 
 S. 7944 4 1 found. It shall be the responsibility of the department to verify 2 compliance with the requirements of this chapter and applicable code 3 requirements, as adopted or required by the department. 4 § 4. This act shall take effect immediately.