NY Lab L § 950 (2021)
2021 New York Laws LAB - Labor Article 33 - Elevators and Other Conveyances; Licensing 950 - Application.

* §   950.   Application.   1.  The  design,  construction,  erection, installation, inspection, testing, maintenance, alteration, service, and repair of the following equipment are covered by this article:  (a) hoisting and lowering mechanisms equipped with a car  or  platform which  moves  between two or more landings. This equipment includes, but is not limited to elevators, platform lifts and non-residential stairway chair lifts;  (b) power driven stairways and walkways for carrying  persons  between landings. This equipment includes, but is not limited to, escalators and moving walks;  (c) hoisting and lowering mechanisms equipped with a car, which serves two  or  more  landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment  includes, but is not limited to, dumbwaiters, material lifts, and dumbwaiters with automatic  transfer devices as defined in section nine hundred fifty-one of this article; and  (d) automatic guided transit vehicles on guideways with  an  exclusive right of way. This equipments includes, but is not limited to, automated people movers.   2. The following equipment is not covered by this article:  (a) personnel and material hoists;  (b) manlifts;  (c) mobile scaffolds, towers, and platforms;  (d)   powered  platforms  and  equipment  for  exterior  and  interior maintenance;  (e) conveyor and related equipment;  (f) cranes, derricks, hoists, hooks, jacks and slings;  (g) industrial trucks;  (h) portable equipment, except for portable escalators;  (i) tiering and piling machines used to move  materials  to  and  from storage located and operating entirely within one story;  (j)  equipment for feeding or positioning materials including, but not limited to, machine tools and printing presses;  (k) skip or furnace hoists;  (l) wharf ramps;  (m) railroad car lifts or dumpers;  (n) stairway chairlifts for private residences;  (o) line jacks, false cars, shafters,  moving  platforms  and  similar equipment  used  for  installing an elevator by a contractor licensed in this state;  (p) operation of inside cars (elevators); and  (q) operation of an elevator that has received a temporary certificate of occupancy.   3. The licensing, permitting  and  certification  provisions  of  this article  shall  not apply to the owners or lessees of private residences who  design,  erect,  construct,  install,  alter,  repair,  service  or maintain  conveyances  that are located or will be located in such owner or lessee's private residence. However,  any  person  hired  to  design, erect,  construct, install, alter, repair, service, maintain, or perform any other  work  related  to  such  conveyances  must  comply  with  the provisions of this article.   4.  No  license  shall  be  required for the removal or dismantling of conveyances.   5. The provisions of this  article  and  the  rules  adopted  pursuant thereto  shall  be the minimum standard required and shall supersede any special law or local ordinance  inconsistent  therewith,  and  no  local ordinance  inconsistent  therewith  shall be adopted, but nothing herein  contained shall prevent the enactment  by  local  law  or  ordinance  of additional requirements and restrictions.   6.  The  provisions of this article shall not apply to cities having a population of one million or more.   * NB Effective and Repealed January 1, 2022   * § 950. Application. 1. This article covers licensing  of  businesses and  occupations  that  engage  in  design,  construction, installation, inspection, testing, maintenance, alteration, service, and repair of the following equipment:  (a) hoisting and lowering mechanisms equipped with a car  or  platform which  moves  between two or more landings. This equipment includes, but is  not  limited  to  elevators,  platform  lifts,  and  non-residential stairway chair lifts;  (b)  power  driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, escalators and moving walks;  (c) hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying  of  material  by its  limited size or limited access to the car. This equipment includes, but is not limited to, dumbwaiters, material lifts, and dumbwaiters with automatic transfer devices as defined in section nine hundred  fifty-one of this article; and  (d)  automatic  guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes, but is not limited to,  automated people movers.   2. The following equipment is not covered by this article:  (a) personnel and material hoists;  (b) manlifts;  (c) mobile scaffolds, towers, and platforms;  (d)   powered  platforms  and  equipment  for  exterior  and  interior maintenance;  (e) conveyor and related equipment;  (f) cranes, derricks, hoists, hooks, jacks, and slings;  (g) industrial trucks;  (h) portable equipment, except for portable escalators;  (i) tiering and piling machines used to move  materials  to  and  from storage located and operating entirely within one story;  (j)  equipment for feeding or positioning materials including, but not limited to, machine tools and printing presses;  (k) skip or furnace hoists;  (l) wharf ramps;  (m) railroad car lifts or dumpers;  (n) stairway chairlifts for private residences; and  (o) line jacks, false cars, shafters, moving  platforms,  and  similar equipment  used  for  installing an elevator by a contractor licensed in this state.   3. The licensing provisions of this article shall  not  apply  to  the owners  or lessees of private residences who design, construct, install, alter, repair, service, or maintain conveyances that are located or will be located in such owner or lessee's  private  residence.  However,  any person  hired  to  design,  construct,  install, alter, repair, service, maintain, or perform any other work related  to  such  conveyances  must comply with the provisions of this article.   4.  No  license  shall  be  required for the removal or dismantling of conveyances.   5.  No  license  shall  be  required  for  the  outfitting,   removal, refinishing, or replacement of interior finishes, including wall panels, drop  ceilings,  handrails  and  flooring,  removal  or  replacement  of  interior lighting,  recladding  of  doors,  transoms  and  front  return panels, finishing, or ornamental work on car operating panels.   6.  The  provisions  of  this  article  and the rules adopted pursuant thereto shall be the minimum standard required and shall  supersede  any special  law  or  local  ordinance  inconsistent therewith, and no local ordinance inconsistent therewith shall be adopted,  but  nothing  herein contained  shall  prevent  the  enactment  by  local law or ordinance of additional requirements and restrictions.   7.  Any  municipal  corporation  may  waive  licensing  fees  for  any individual  seeking  an  elevator license, or its equivalent, offered by such  municipal  corporation  if  such  individual  holds  an   elevator mechanic's license pursuant to this article; provided, however, that any elevator  mechanic's  license, or its equivalent, offered by a municipal corporation shall not be inconsistent  with  the  requirements  of  this article  and  nothing herein shall prevent the enactment by local law or ordinance of additional requirements.   * NB Effective January 1, 2022