Legislation

Search OpenLegislation Statutes
This entry was published on 2022-01-07
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 951
Definitions
Labor (LAB) CHAPTER 31, ARTICLE 33
§ 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.