(a) An applicant, who is applying for licensure as an elevator mechanic under this chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such individual:

(1) For licensure as a master elevator mechanic an applicant shall have knowledge of elevator installation, maintenance and repair in the residential, commercial and industrial areas, and in addition must have:

a. Six years’ full-time experience under the supervision of a licensed master elevator mechanic; or

b. Eight thousand hours of full-time experience under the supervision of a licensed master elevator mechanic, plus 576 hours of related instruction, or other approved training verified by a certificate of completion of apprenticeship from a lawful, registered apprenticeship program of any state; or

c. Four years’ full-time experience under the supervision of a licensed master elevator mechanic and 6,000 hours of technical training.

(2) After fulfilling the applicable experience and training requirements of this section, an applicant applying for licensure as a master elevator mechanic must achieve a passing score on the written third-party witnessed standardized examination for licensure as determined by the Board in rules and regulations approved by the Division.

(3) Has not been the recipient of any administrative penalties regarding that individual’s practice as an elevator mechanic, including, but not limited, to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and has not entered into any “consent agreements” which contain conditions placed by any state on that person’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether such administrative penalty is grounds to deny licensure.

(4) Does not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as an elevator mechanic in a manner consistent with the safety of the public.

(5) Does not have a criminal conviction record for an offense substantially related to providing elevator mechanical services. Applicants who have criminal conviction records must request appropriate authorization to provide information about the conviction directly to the Board. If, after considering the factors set forth under § 8735 (x)(3) of Title 29, through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall waive the requirements of this paragraph.

(6) Has no disciplinary proceedings or unresolved complaints pending against in any jurisdiction where the applicant has previously been or currently is licensed or registered.

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Terms Used In Delaware Code Title 24 Sec. 6107

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the Board of Elevator Mechanics established in this chapter. See Delaware Code Title 24 Sec. 6102
  • Conviction: A judgement of guilt against a criminal defendant.
  • Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 6102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • License: means the certificate issued by the Board. See Delaware Code Title 24 Sec. 6102
  • Master elevator mechanic: means an individual, licensed by the Board, to plan, estimate, layout, perform, or supervise the installation, erection, replacement, service, and repair of any elevator in any structure. See Delaware Code Title 24 Sec. 6102
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Substantially related: means the nature of the criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a master elevator mechanic. See Delaware Code Title 24 Sec. 6102

(b) All evidence of experience shall be submitted on written affidavit forms provided by the Board.

(c) All evidence of education shall be submitted by written certification from the educational institution attended.

(d) When the Board finds that an applicant has been intentionally fraudulent, or that false information has been intentionally provided, it shall report its findings to the Attorney General for further action.

(e) When an application has been refused or rejected and the applicant believes the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(f) An individual who is in possession of a master electrician special elevator license on or before October 14, 2022, is eligible for a master elevator mechanic license without meeting the requirements set forth under paragraphs (a)(1) and (2) of this section.

83 Del. Laws, c. 469, § 1;