As used in this article, the following terms shall have the following definitions:

Terms Used In N.Y. Labor Law 951

  • 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. See N.Y. Labor Law 951
  • Accessibility lift work: means elevator and conveyance work that is restricted to accessibility lifts. See N.Y. Labor Law 951
  • 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. See N.Y. Labor Law 951
  • Board: means the New York state elevator safety and standards advisory board established by section nine hundred fifty-six of this article. See N.Y. Labor Law 951
  • 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. See N.Y. Labor Law 951
  • Business license: means a license that authorizes the holder to engage in the business of elevator and conveyance work, or elevator and conveyance inspections. See N.Y. Labor Law 951
  • Construction: means the act or process of constructing any conveyance, and includes vertically constructing or connecting any conveyance or part or system thereof. See N.Y. Labor Law 951
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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. See N.Y. Labor Law 951

  • Elevator: means a hoisting and lowering mechanism, equipped with a car, that moves within guides and serves two or more landings. See N.Y. Labor Law 951
  • Elevator and conveyance work: means performing activities that include the design, construction, installation, testing, maintenance, alteration, service, and repair of any elevator or conveyance. See N.Y. Labor Law 951
  • Elevator contractor: means any business that engages in elevator and conveyance work. See N.Y. Labor Law 951
  • Elevator inspection contractor: means any business that performs elevator and conveyance inspections. See N.Y. Labor Law 951
  • Elevator inspector: means any person who performs elevator and conveyance inspections, whether individually or through an elevator inspection contractor or public employer. See N.Y. Labor Law 951
  • Elevator mechanic: means any person who performs elevator and conveyance work. See N.Y. Labor Law 951
  • 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. See N.Y. Labor Law 951
  • Escalator: means a power-driven, inclined, continuous stairway used for raising or lowering passengers. See N.Y. Labor Law 951
  • Inspection: means a critical examination, observation, or evaluation of quality and code compliance of any conveyance. See N.Y. Labor Law 951
  • Installation: means to place or fix any conveyance or component in position for operation. See N.Y. Labor Law 951
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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. See N.Y. Labor Law 951

  • 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. See N.Y. Labor Law 951
  • 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. See N.Y. Labor Law 951
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person. See N.Y. Labor Law 951
  • Repair: means reconditioning or renewal of any elevator or conveyance or component necessary to keep such equipment in compliance with applicable code requirements. See N.Y. Labor Law 951
  • 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. See N.Y. Labor Law 951
  • Testing: means a process or trial of operation of any conveyance. See N.Y. Labor Law 951
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

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.