N.Y. Labor Law § 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. "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.