* § 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