NY Lab L § 951 (2021)
2021 New York Laws LAB - Labor Article 33 - Elevators and Other Conveyances; Licensing 951 - Definitions.

* §  951.  Definitions.  As  used in this article, the following terms   shall have the following definitions:1. "Automated people mover" means a guided  transit  mode  with  fully   automated  operation,  featuring vehicles that operate on guideways with   exclusive right-of-way.2. "Board" means the New York  state  elevator  safety  and  standards   board established by section nine hundred fifty-six of this article.3.   "Certificate  of  operation"  means  a  document  issued  by  the   commissioner that indicates that the elevator or related conveyance  has   had  the required safety inspection and tests and that the fees required   by this article have been paid.4. "Temporary certificate of operation" means a document issued by the   commissioner which permits the temporary use of a non-compliant elevator   or related conveyance by the general public for a limited time,  not  to   exceed thirty days, while minor repairs are being completed.5.  "Conveyance"  means  any  elevator,  dumbwaiter, escalator, moving   sidewalk,  platform  lifts,  non-residential  stairway  chairlifts   and   automated people movers.6.  "Dormant elevator, dumbwaiter, or escalator" means an installation   placed out of service under the following  circumstances:  (a)  when  an   installation's  power  has  been  disconnected  and (i) when an electric   elevator, dumbwaiter, or material lift whose suspension ropes have  been   removed, whose car and counterweight rest at the bottom of the hoistway,   and  whose  hoistway doors have been permanently barricaded or sealed in   the closed position on the hoistway side; or (ii) a hydraulic  elevator,   dumbwaiter,  or  material  lift  whose  car  rests  at the bottom of the   hoistway and whose doors are permanently barricaded or sealed; or  (iii)   an  escalator  or  moving  walk  whose  entrances  have been permanently   barricaded; or (b) as determined by state or local law, code,  rule,  or   regulations.7. "Elevator" means a hoisting and lowering mechanism, equipped with a   car, that moves within guides and serves two or more landings.8.   "Elevator   contractor"   means,   a   public   corporation,   or   instrumentality of a public corporation, self-employed person,  company,   unincorporated   association,   firm,   partnership,  limited  liability   company, corporation, or any other entity, or any owner or  operator  of   any  of  the  foregoing entities, who possesses an elevator contractor's   license in accordance with  the  provisions  of  sections  nine  hundred   fifty-two and nine hundred fifty-three of this article and is engaged in   the business of designing, erecting, constructing, installing, altering,   repairing,  servicing or maintaining elevators or other automated people   moving conveyances covered by this article.9. "Elevator helper/apprentice/assistant mechanic"  means  any  person   who works under the general direction of a licensed elevator mechanic.10.  "Elevator  inspector"  means any person who possesses an elevator   inspector's license in accordance with the provisions of this article.11. "Elevator mechanic" means any person  who  possesses  an  elevator   mechanic's license in accordance with the provisions of this article.12. "Escalator" means power-driven, inclined, continuous stairway used   for raising or lowering passengers.13.  "Existing  installation"  means  an  installation  that  has been   completed or is under construction prior to the effective date  of  this   article.14.  "License"  means  a  license  duly  issued  by  the commissioner,   authorizing   the   design,   erection,   construction,    installation,   alteration,  repair, service, maintenance, or inspection of elevators or   other conveyances covered by this article. 15. "Elevator contractor's license" means a license which entitles the   holder thereof  to  engage  in  the  business  of  designing,  erecting,   constructing,  installing, altering, repairing, servicing or maintaining   conveyances covered by this article.16.  "Elevator inspector's license" means a license which entitles the   holder thereof to engage  in  the  business  of  inspecting  or  testing   conveyances covered by this article.17.  "Elevator  mechanic's license" means a license which entitles the   holder thereof to install,  construct,  alter,  service,  repair,  test,   maintain,  and  perform  work  on  conveyances or other automated people   movers covered by this article.18. "Moving walk/sidewalk" means a type of  passenger-carrying  device   on  which  passengers stand or walk, and in which the passenger-carrying   surface  remains  parallel  to  its   direction   of   motion   and   is   uninterrupted.19.  "Permit" means a document issued by the commissioner prior to the   commencement  of  work  that  permits  a  conveyance  to   be   erected,   constructed,   installed,   or  altered  under  plans  approved  by  the   commissioner pursuant to this article.20. "Person" means any natural person.21. "Private residence"  means  a  separate  dwelling  or  a  separate   apartment  in  a  multiple  dwelling,  which is occupied by members of a   single family unit.22. "Repair" means reconditioning or  renewal  of  parts,  components,   and/or  subsystems  necessary  to  keep  equipment  in  compliance  with   applicable code requirements.23. "Alteration" means any change to equipment, including  its  parts,   components,  and/or  subsystems,  other  than  maintenance,  repair,  or   replacement,  but  shall  not  include  the  professional  services   of   engineering  or  architecture as defined in sections seventy-two hundred   one and seventy-three hundred one of the education law.24. "Design"  means  the  act  or  process  of  planning  the  repair,   alteration  or construction of any conveyance, but shall not include the   professional services of  engineering  or  architecture  as  defined  in   sections  seventy-two  hundred  one and seventy-three hundred one of the   education law.25. "Construction" means  the  act  or  process  of  constructing  any   conveyance.26.   "Inspection"   means  a  critical  examination,  observation  or   evaluation of quality and code compliance of any conveyance.27. "Testing" means a process or trial of operation of any conveyance.28. "Maintenance" means a process of routine examination, lubrication,   cleaning, and adjustment of parts, components, and/or subsystems for the   purpose of ensuring performance in accordance with any  applicable  code   requirements.29.  "Service  or servicing" means a service call or other unscheduled   visit, not including routine maintenance or a repair,  from  a  licensed   elevator  mechanic  to  troubleshoot,  adjust  or  repair  an improperly   functioning or an otherwise shut down conveyance.30. "Temporarily dormant elevator, dumbwaiter, or escalator" means  an   installation  temporarily  placed  out  of  service  under the following   circumstances: (a) (i) when such installation's power  supply  has  been   disconnected;  and  (ii)  the car is parked and any doors are closed and   latched; and (iii) a wire seal is installed on the  mainline  disconnect   switch  by  a licensed elevator inspector; or (b) as determined by state   or local law, code, rule, or regulation.31. "Erect" means to vertically construct or connect any conveyance or   part or system thereof. 32. "Personnel and material hoists"  means  rack  and  pinion  hoists,   alimaks  and  machines  of  a  similar  nature  used for the hoisting of   construction material,  equipment  and  personnel,  or  the  removal  of   debris,  all during the construction, renovation and/or demolition phase   of any construction project whether an inside or outside hoist.33.  "Installation"  means  to  place or fix any conveyance or part or   system thereof, in position for operation.Temporarily  dormant  installations  shall  not  be  used  until  such   installation  has  been  restored  to  a  safe  running  order and is in   condition suitable for use  in  accordance  with  all  applicable  laws,   codes,  rules  and  regulations.  Such  temporarily dormant installation   shall be subject to  continued  inspections  for  the  duration  of  the   "temporarily  dormant"  status  by  a  licensed elevator inspector. Such   inspector shall file a  report  with  the  commissioner  describing  the   conditions of such temporarily dormant installation. The report shall be   filed   annually   or  more  or  less  frequent  as  determined  by  the   commissioner. "Temporarily dormant" status  shall  be  renewable  on  an   annual basis, but shall not exceed a five-year period.No  person  shall  remove  the  wire  seal and padlock for any purpose   without the express permission of the elevator inspector.* NB Effective and Repealed January 1, 2022* § 951. Definitions. As used in this  article,  the  following  terms   shall have the following definitions:1.  "Automated  people  mover"  means a guided transit mode with fully   automated operation, featuring vehicles that operate on  guideways  with   exclusive right-of-way.2.  "Accessibility  lift"  means  elevators  or  conveyances  that are   intended for  transportation  of  persons  with  disabilities,  such  as   platform  lifts  and stairway chairlifts, including equipment covered by   the provisions of ASME (American Society of Mechanical Engineers)  A18.1   2017 Safety Standard for Platform Lifts and Stairway Chairlifts.3.  "Accessibility  lift  technician"  means  a  person  who  performs   accessibility lift work.4.  "Accessibility  lift  technician's  license"  means  a  restricted   elevator  mechanic's  license  that  authorizes  the holder to engage in   accessibility lift work.5. "Accessibility lift work" means elevator and conveyance  work  that   is restricted to accessibility lifts.6.  "Business  license"  means a license that authorizes the holder to   engage in the business of elevator and conveyance work, or elevator  and   conveyance inspections.7.  "Elevator  and  conveyance  work" means performing activities that   include the design, construction,  installation,  testing,  maintenance,   alteration, service, and repair of any elevator or conveyance.8.   "Elevator  or  conveyance"  means  any  equipment  identified  in   paragraphs (a) through (d) of subdivision one of  section  nine  hundred   fifty  of  this  article, including any elevator, dumbwaiter, escalator,   moving sidewalk, platform lifts, non-residential stairway chairlifts and   automated people movers. Elevator  or  conveyance  shall  not  mean  any   equipment identified in subdivision two of section nine hundred fifty of   this article.9.   "Elevator   and  conveyance  inspections"  means  performing  the   inspection or any related testing of any  elevator  or  conveyance,  but   does  not  include  government  regulatory  inspections  performed by an   authority having jurisdiction to enforce any applicable  building  codes   and any elevator codes.10.  "Elevator" means a hoisting and lowering mechanism, equipped with   a car, that moves within guides and serves two or more landings. 11.  "Elevator  or  conveyance  component"  means  any   elevator   or   conveyance,  or  any  parts,  components,  or subsystems thereof, or any   combination thereof.12.  "Elevator contractor" means any business that engages in elevator   and conveyance work.13. "Elevator helper/apprentice/assistant mechanic" means  any  person   who works under the general direction of a licensed elevator mechanic.14.  "Elevator  inspector"  means any person who performs elevator and   conveyance inspections, whether  individually  or  through  an  elevator   inspection contractor or public employer.15.  "Elevator inspection contractor" means any business that performs   elevator and conveyance inspections.16. "Elevator mechanic" means any person  who  performs  elevator  and   conveyance work.17.  "Escalator"  means  a power-driven, inclined, continuous stairway   used for raising or lowering passengers.18. "Existing  installation"  means  an  installation  that  has  been   completed  or  is under construction prior to the effective date of this   article.19. "License" means a  credential  duly  issued  by  the  commissioner   authorizing the holder to engage a business or an occupation whose scope   includes  accessibility  lift  work, or elevator and conveyance work, or   elevator and conveyance inspections.20. "Elevator contractor's license"  means  a  business  license  that   entitles  the  holder  thereof to engage in the business of elevator and   conveyance work in this state.21.  "Elevator  inspection  contractor's  license"  means  a  business   license  that  entitles  the holder thereof to engage in the business of   elevator and conveyance inspections in this state.22. "Elevator mechanic's license" means an occupational  license  that   entitles the holder thereof to engage in elevator and conveyance work in   this state for a licensed elevator contractor.23.  "Elevator inspector's license" means an occupational license that   entitles  the  holder  thereof  to  perform  elevator   and   conveyance   inspections in this state for a licensed elevator inspection contractor.24.   "Elevator   accessibility   technician's   license"   means   an   occupational license that entitles  the  holder  thereof  to  engage  in   elevator  and  conveyance  work  in  this  state  that  is restricted to   platform lifts including those installed in private residences which are   covered by the  provisions  of  ASME  (American  Society  of  Mechanical   Engineers)  codes  and standards A18.1 2017 Safety Standard for Platform   Lifts and Stairway  Chairlifts  and  any  successor  standard  for  just   platform  lifts  and  stairway  chairlifts.  An  applicant  for  such  a   restricted  license  shall  complete  an  application  approved  by  the   commissioner   and  shall  have  at  least  three  years  verified  work   experience in constructing, maintaining, and repairing  such  lifts  and   shall  provide  the  commissioner  a  certificate  of  completion  of an   accessibility training program for lifts under the scope of  A18.1  2017   such   as   the  certified  accessibility  and  private  residence  lift   technician (CAT)  training  provided  by  the  National  Association  of   Elevator  Contractors  (NAEC), or an equivalent program as determined by   the commissioner.25. "Moving walk/sidewalk" means a type of  passenger-carrying  device   on  which  passengers stand or walk, and in which the passenger-carrying   surface  remains  parallel  to  its   direction   of   motion   and   is   uninterrupted. 26.  "Occupational license" means a license that authorizes the holder   to engage in accessibility lift work, or elevator and conveyance work or   elevator and conveyance inspections.27. "Person" means any natural person.28.   "Business"  means  any  corporation,  or  instrumentality  of  a   corporation, self-employed person, company, unincorporated  association,   firm,  partnership, limited liability company, corporation, or any other   entity, or any owner or operator of any of the foregoing entities.29. "Private residence"  means  a  separate  dwelling  or  a  separate   apartment  in  a  multiple  dwelling,  which is occupied by members of a   single family unit.30. "Repair" means  reconditioning  or  renewal  of  any  elevator  or   conveyance  or  component necessary to keep such equipment in compliance   with applicable code requirements.31. "Alteration" means any change to any conveyance or component other   than maintenance, repair, or replacement,  but  shall  not  include  the   professional  services  of  engineering  or  architecture  as defined in   sections seventy-two hundred one and seventy-three hundred  one  of  the   education law.32.  "Design"  means  the  act  or  process  of  planning  the repair,   alteration, or construction of any conveyance, but shall not include the   professional services of  engineering  or  architecture  as  defined  in   sections  seventy-two  hundred  one and seventy-three hundred one of the   education law.33. "Construction" means  the  act  or  process  of  constructing  any   conveyance,  and  includes  vertically  constructing  or  connecting any   conveyance or part or system thereof.34.  "Inspection"  means  a  critical  examination,  observation,   or   evaluation of quality and code compliance of any conveyance.35. "Testing" means a process or trial of operation of any conveyance.36. "Maintenance" means a process of routine examination, lubrication,   cleaning, and adjustment of any conveyance or components for the purpose   of   ensuring   performance  in  accordance  with  any  applicable  code   requirements.37. "Service or servicing" means a service call or  other  unscheduled   visit,  not  including routine maintenance or a repair, to troubleshoot,   adjust or repair an improperly functioning or  an  otherwise  shut  down   conveyance.38.  "Temporarily dormant elevator, dumbwaiter, or escalator" means an   installation temporarily placed  out  of  service  under  the  following   circumstances:  (a)  (i)  when such installation's power supply has been   disconnected; and (ii) the car is parked and any doors  are  closed  and   latched;  and  (iii) a wire seal is installed on the mainline disconnect   switch by an elevator inspector; or (b) as determined by state or  local   law, code, rule, or regulation.39.  "Personnel  and  material  hoists"  means rack and pinion hoists,   alimaks, and machines of a similar  nature  used  for  the  hoisting  of   construction  material,  equipment  and  personnel,  or  the  removal of   debris, all during the construction, renovation, and/or demolition phase   of any construction project whether an inside or outside hoist.40. "Installation" means to place or fix any conveyance  or  component   in position for operation.41.  "Subsidiary"  means  an  entity  that  is controlled directly, or   indirectly through one or more intermediaries, by an elevator contractor   or  elevator  inspection  contractor  or  by  such  contractor's  parent   company. 42.  "Successor" means an entity engaged in work substantially similar   to that of the predecessor, where there  is  substantial  continuity  of   operation with that of the predecessor.43.  "Board"  means  the  New York state elevator safety and standards   advisory board established by section nine  hundred  fifty-six  of  this   article.* NB Effective January 1, 2022