NY Lab L § 952 (2021)
2021 New York Laws LAB - Labor Article 33 - Elevators and Other Conveyances; Licensing 952 - Licensing and Compliance Requirements.

* §  952. Licensing, permit, registration and compliance requirements. 1.  Except as otherwise provided for in subdivisions three and  four  of section  nine  hundred fifty of this article, it shall be a violation of this article for any elevator contractor to  design,  erect,  construct, install,  alter, replace, service, or maintain, any conveyance contained within buildings or  structures  in  this  state  unless  such  elevator contractor holds an elevator contractor's license.   2.  Except as otherwise provided for in subdivisions three and four of section nine hundred fifty of this article, it shall be a  violation  of this  article  for  any person to wire any conveyance, from the mainline feeder terminals on the controller, in this state unless such person has an  elevator  mechanic's  license  and  is  working  under  the   direct supervision  of a licensed elevator contractor pursuant to this article. No other  license  shall  be  required  for  this  work,  excluding  the installation of branch circuits and wiring terminations for machine room and pit lighting, receptacles and HVAC as described in the NFPA National Electric  Code  620.23 and 620.24 as well as fire and heat detectors and alarms, may be performed by a licensed electrical contractor.   3. Except as otherwise provided for in subdivision  three  of  section nine  hundred  fifty  of  this  article, it shall be a violation of this article for  any  person  to  inspect  or  test  any  conveyance  within buildings or structures unless such person holds an elevator inspector's license.   4.  Except as otherwise provided for in subdivisions three and four of section nine hundred fifty of this article, it shall be a  violation  of this  article  for any elevator contractor to erect, construct, install, or alter conveyances within buildings or structures  within  this  state unless a permit therefor has been issued by the commissioner before work is  commenced.  No  permit  shall be issued except to a person holding a valid elevator contractor's license. A copy of such permit shall be kept at the construction site at all times while the work is in progress.  An application  for a permit under this section with the commissioner shall not be required if an authority having jurisdiction  ("AHJ")  posts  all permits  issued  to  elevator  contractors on the AHJ's official website within forty-eight hours of their issuance. The information required  to be  published must include, at a minimum, the date of issuance, the work covered by the permit, the elevator contractor or  contractors  involved and location and type of work to be performed.   5.  Except  as otherwise provided in subdivision three of section nine hundred fifty of this article, all new conveyance installations shall be performed by an elevator contractor licensed to install such conveyance. Subsequent  to  installation,  the  elevator  contractor  must   certify compliance  to  the  commissioner  with  the applicable sections of this article as well as any other applicable law, rule, regulation  or  code. Prior  to such conveyances being used, the property owner or lessee must obtain a certificate of operation from the commissioner. A fee,  as  set forth  in this article, shall be paid for such certificate of operation, however, no such fee  shall  be  required  for  conveyances  in  private residences. It is the responsibility of the licensed elevator contractor to   complete   and   submit  registrations  for  new  installations.  A certificate of operation  shall  be  valid  for  one  year,  except  for certificates  issued  for  platform  lifts for private residences, which shall be valid for a period of three years.  Certificates  of  operation must  be  clearly  and  conspicuously  displayed  on,  in or around each conveyance and be accessible to the  state  or  locality  inspecting  or enforcing  any  applicable law, rule, regulation or code. An application for a certificate of operation under this section with the  commissioner shall  not be required if an authority having jurisdiction ("AHJ") posts  all certificates of operation issued to a building owner  on  the  AHJ's official  website  within  forty-eight  hours  of  their  issuance.  The information required to be published must include,  at  a  minimum,  the date  of issuance, the unit subject to the certificate of operation, the name and address of the building owner, and the address of the unit.   6. Except as otherwise provided in subdivision three of  section  nine hundred  fifty  of  this article, the certificate of operation for newly installed platform lifts for private residences  shall  be  issued  only subsequent  to  an inspection by a licensed third party inspection firm. The certificate of operation fee for all new and existing platform lifts for private residences and  any  renewal  certificate  fees  are  hereby waived. The inspection of private residence platform lifts shall be done at the request and consent of the private residence's owner or lessees.   7.  It  shall  be  the  responsibility of licensees to ensure that the installation, service or maintenance  of  conveyances  is  performed  in compliance with existing state and local building and maintenance codes.   * NB Effective and Repealed January 1, 2022   * § 952. Licensing and compliance requirements. 1. Except as otherwise provided  for  in  subdivisions  three,  four,  and five of section nine hundred fifty of this article, it shall be unlawful for any business  or person:  (a)  to  engage  in  the  business of elevator and conveyance work, or accessibility  lift  work,  or  hold  themselves  out  as  an   elevator contractor, or both, unless such person or business has a valid elevator contractor's license; or  (b)  to engage in the business of elevator and conveyance inspections, or hold themselves out as an elevator  inspection  contractor,  or  both unless   such  person  or  business  has  a  valid  elevator  inspection contractor's license; or  (c) any combination of the above.   2. Except as otherwise provided for in subdivisions three,  four,  and five of section nine hundred fifty of this article, it shall be unlawful for any person:  (a)  to  engage in elevator and conveyance work, or to hold themselves out as an elevator mechanic, or both, unless such  person  has  a  valid elevator mechanic's license and works for a licensed elevator contractor or a public entity; or  (b) to engage in accessibility lift work, or to hold themselves out as accessibility  lift technicians, or both, unless such person has a valid accessibility  lift  technician's  license  and  works  for  a  licensed elevator contractor or a public entity; or  (c)  to  engage  in  elevator  and  conveyance inspections, or to hold themselves out as an elevator inspector, or  both,  unless  such  person holds  an elevator inspector's license and works for a licensed elevator inspection contractor or a public entity; or  (d)  any  combination  of  the  above,  provided,  however,  that  the installation of branch circuits and wiring terminations for machine room and pit lighting, receptacles and HVAC as described in the NFPA National Electric  Code  620.23 and 620.24 as well as fire and heat detectors and alarms, may be performed by a licensed electrical contractor.   3. It shall be the responsibility of  licensees  to  ensure  that  any elevator and conveyance work or elevator and conveyance inspections that they perform is in compliance with existing state and local building and maintenance codes.   4.  It  shall be the responsibility of holders of business licenses to ensure that the licensing requirements of subdivisions one  and  two  of this section are complied with by their employees and by businesses that they  contract  with,  and to immediately report to the commissioner any  failures to comply with the licensing requirements of  subdivisions  one and  two of this section by other businesses or persons that they become aware of.   * NB Effective January 1, 2022