S T A T E O F N E W Y O R K
________________________________________________________________________
8032
2025-2026 Regular Sessions
I N A S S E M B L Y
April 22, 2025
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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:
Section 1. Subdivisions 4 and 5 of section 954 of the labor law, as
added by section 1 of subpart O of part XX of chapter 55 of the laws of
2020, are amended and a new subdivision 7 is added to read as follows:
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 qual-
ifications and abilities, training, and continuing education by provid-
ing 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 eleva-
tor 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 Servi-
cer 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 regis-
tered 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11118-01-5
A. 8032 2
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 commis-
sion 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 SHORT-
AGE OF LICENSED MECHANICS, AN ELEVATOR CONTRACTOR MAY REQUEST THAT THE
DEPARTMENT ISSUE A TEMPORARY ELEVATOR MECHANIC LICENSE TO AN ELEVATOR
APPRENTICE WHO CAN PROVIDE DOCUMENTATION DEMONSTRATING THAT SUCH APPREN-
TICE 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 DECLARED BY A MAJORITY VOTE OF THE BOARD, AND
MAY BE EXTENDED AT EACH SUBSEQUENT MEETING OF THE BOARD. EACH TEMPORARY
ELEVATOR MECHANIC LICENSE SHALL BE VALID FOR FORTY-FIVE 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 SHORTAGE OF LICENSE HOLDERS EXISTS.
FEES SHALL BE DETERMINED BY THE BOARD.
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 techni-
cal 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] BOARD 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] BOARD 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.
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 ELEVA-
TOR 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.
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§ 2. Paragraph (a) of subdivision 4 of section 955 of the labor law,
as added by section 1 of subpart O of part XX of chapter 55 of the laws
of 2020, is amended to read as follows:
(a) Except as provided in paragraph (b) of this subdivision, if the
commissioner finds, after notice and hearing, that an individual has
violated any provision of this article, [he or she] SUCH COMMISSIONER
may impose a civil penalty not to exceed [one] TEN thousand dollars for
each such violation. CIVIL PENALTIES SHALL APPLY TO EACH DAY A VIOLATION
EXISTS. IN CASES WHERE A CONTRACTOR EMPLOYED OR RELIED ON UNLICENSED
MECHANICS, THE COMMISSIONER SHALL IMPOSE CIVIL PENALTIES ON THE CONTRAC-
TOR OR OTHER PARTY RESPONSIBLE FOR EACH PERSON FOUND TO BE WORKING WITH-
OUT A LICENSE FOR EACH DAY WORKED BY SUCH CONTRACTOR OR PARTY. Upon a
second or subsequent violation within three years of the determination
of a prior violation, the commissioner may impose a civil penalty not to
exceed [two] TWENTY thousand dollars PER VIOLATION.
§ 3. The labor law is amended by adding a new section 958 to read as
follows:
§ 958. INSPECTION OF ELEVATORS AND CONVEYANCES. EXCEPT IN A CITY WITH
A POPULATION OF ONE MILLION OR MORE, IT SHALL BE THE RESPONSIBILITY OF
THE OWNER OF ALL ELEVATORS AND OTHER CONVEYANCES SUBJECT TO THIS ARTICLE
TO ENSURE THAT SUCH EQUIPMENT CONFORMS TO THE FOLLOWING INSPECTION AND
TESTING REQUIREMENTS:
1. NEW OR ALTERED CONVEYANCES SHALL BE INSPECTED AND TESTED IN ACCORD-
ANCE WITH THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS SAFETY CODE FOR
ELEVATORS AND ESCALATORS VERSION A17.1/CSA B-44, SECTION 8.10.
2. EXISTING CONVEYANCES SHALL BE INSPECTED AND TESTED IN ACCORDANCE
WITH THE AMERICAN SOCIETY OF MECHANICAL ENGINEERS SAFETY CODE FOR ELEVA-
TORS AND ESCALATORS VERSION A17.1/CSA B-44, SECTION 8.11.
3. INSPECTIONS AND TESTS OF CONVEYANCES REQUIRED UNDER THIS SECTION
SHALL BE CONDUCTED TO ENSURE THE CONVEYANCES ARE OPERATED AND MAINTAINED
IN ACCORDANCE WITH APPLICABLE CODE REQUIREMENTS FOR SUCH CONVEYANCES AS
ADOPTED OR DETERMINED BY THE DEPARTMENT.
4. IT SHALL BE THE RESPONSIBILITY OF THE OWNER OF ALL CONVEYANCES TO
ENSURE THAT THE INSPECTIONS AND TESTS REQUIRED PURSUANT TO THIS SECTION
ARE PERFORMED IN COMPLIANCE WITH THE APPLICABLE CODE REQUIREMENTS FOR
SUCH CONVEYANCES AS ADOPTED OR DETERMINED BY THE DEPARTMENT.
5. ALL WORK REQUIRED FOR INSPECTIONS AND THE ASSOCIATED TESTS OF
ELEVATORS AND OTHER CONVEYANCES SHALL BE PERFORMED BY A LICENSED ELEVA-
TOR MECHANIC AND SHALL BE PHYSICALLY WITNESSED BY A LICENSED ELEVATOR
INSPECTOR TO ENSURE COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS FOR
SUCH CONVEYANCES AS ADOPTED OR DETERMINED BY THE DEPARTMENT.
6. ALL INSPECTIONS OF ELEVATORS AND OTHER CONVEYANCES SHALL BE
PERFORMED BY A LICENSED ELEVATOR INSPECTOR TO ENSURE COMPLIANCE WITH
APPLICABLE CODE REQUIREMENTS FOR SUCH CONVEYANCES AS ADOPTED OR DETER-
MINED BY THE DEPARTMENT.
7. WHEN ANY TESTS ON ELEVATORS OR OTHER CONVEYANCES ARE PERFORMED
PURSUANT TO THIS SECTION AND SUCH TESTS ARE REQUIRED TO BE WITNESSED BY
A LICENSED ELEVATOR INSPECTOR IN ACCORDANCE WITH THIS SECTION OR APPLI-
CABLE INDUSTRY CODES OR STANDARDS INCORPORATED HEREIN, SUCH INSPECTIONS
SHALL BE CONDUCTED BY A LICENSED ELEVATOR INSPECTOR WHO IS EMPLOYED BY
THE STATE AND WHO SHALL BE PHYSICALLY PRESENT DURING THE TESTS TO
WITNESS SUCH TESTS TO ENSURE THEY ARE PROPERLY ADMINISTERED AND TO VERI-
FY TEST RESULTS.
8. SUBSEQUENT TO ANY INSPECTION, THE LICENSED ELEVATOR INSPECTOR SHALL
SUPPLY THE PROPERTY OWNER AND THE DEPARTMENT WITH A WRITTEN INSPECTION
REPORT VERIFYING CODE COMPLIANCE OR DESCRIBING ANY CODE VIOLATIONS
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FOUND. IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT TO VERIFY
COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER AND APPLICABLE CODE
REQUIREMENTS, AS ADOPTED OR REQUIRED BY THE DEPARTMENT.
§ 4. This act shall take effect immediately.