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.
