§ 951 — Definitions

§ 951. Definitions. As used in this article, the following terms shall\nhave the following definitions:\n 1. "Automated people mover" means a guided transit mode with fully\nautomated operation, featuring vehicles that operate on guideways with\nexclusive right-of-way.\n 2. "Accessibility lift" means elevators or conveyances that are\nintended for transportation of persons with disabilities, such as\nplatform lifts and stairway chairlifts, including equipment covered by\nthe provisions of ASME (American Society of Mechanical Engineers) A18.1\n2017 Safety Standard for Platform Lifts and Stairway Chairlifts.\n 3. "Accessibility lift technician" means a person who performs\naccessibility lift work.\n 4. "Accessibility lift technician's license" means a restricted\nelevator mechanic's license that authorizes the holder to engage in\naccessibility lift work.\n 5. "Accessibility lift work" means elevator and conveyance work that\nis restricted to accessibility lifts.\n 6. "Business license" means a license that authorizes the holder to\nengage in the business of elevator and conveyance work, or elevator and\nconveyance inspections.\n 7. "Elevator and conveyance work" means performing activities that\ninclude the design, construction, installation, testing, maintenance,\nalteration, service, and repair of any elevator or conveyance.\n 8. "Elevator or conveyance" means any equipment identified in\nparagraphs (a) through (d) of subdivision one of section nine hundred\nfifty of this article, including any elevator, dumbwaiter, escalator,\nmoving sidewalk, platform lifts, non-residential stairway chairlifts and\nautomated people movers. Elevator or conveyance shall not mean any\nequipment identified in subdivision two of section nine hundred fifty of\nthis article.\n 9. "Elevator and conveyance inspections" means performing the\ninspection or any related testing of any elevator or conveyance, but\ndoes not include government regulatory inspections performed by an\nauthority having jurisdiction to enforce any applicable building codes\nand any elevator codes.\n 10. "Elevator" means a hoisting and lowering mechanism, equipped with\na car, that moves within guides and serves two or more landings.\n 11. "Elevator or conveyance component" means any elevator or\nconveyance, or any parts, components, or subsystems thereof, or any\ncombination thereof.\n 12. "Elevator contractor" means any business that engages in elevator\nand conveyance work.\n 13. "Elevator helper/apprentice/assistant mechanic" means any person\nwho works under the general direction of a licensed elevator mechanic.\n 14. "Elevator inspector" means any person who performs elevator and\nconveyance inspections, whether individually or through an elevator\ninspection contractor or public employer.\n 15. "Elevator inspection contractor" means any business that performs\nelevator and conveyance inspections.\n 16. "Elevator mechanic" means any person who performs elevator and\nconveyance work.\n 17. "Escalator" means a power-driven, inclined, continuous stairway\nused for raising or lowering passengers.\n 18. "Existing installation" means an installation that has been\ncompleted or is under construction prior to the effective date of this\narticle.\n 19. "License" means a credential duly issued by the commissioner\nauthorizing the holder to engage a business or an occupation whose scope\nincludes accessibility lift work, or elevator and conveyance work, or\nelevator and conveyance inspections.\n 20. "Elevator contractor's license" means a business license that\nentitles the holder thereof to engage in the business of elevator and\nconveyance work in this state.\n 21. "Elevator inspection contractor's license" means a business\nlicense that entitles the holder thereof to engage in the business of\nelevator and conveyance inspections in this state.\n 22. "Elevator mechanic's license" means an occupational license that\nentitles the holder thereof to engage in elevator and conveyance work in\nthis state for a licensed elevator contractor.\n 23. "Elevator inspector's license" means an occupational license that\nentitles the holder thereof to perform elevator and conveyance\ninspections in this state for a licensed elevator inspection contractor.\n 24. "Elevator accessibility technician's license" means an\noccupational license that entitles the holder thereof to engage in\nelevator and conveyance work in this state that is restricted to\nplatform lifts including those installed in private residences which are\ncovered by the provisions of ASME (American Society of Mechanical\nEngineers) codes and standards A18.1 2017 Safety Standard for Platform\nLifts and Stairway Chairlifts and any successor standard for just\nplatform lifts and stairway chairlifts. An applicant for such a\nrestricted license shall complete an application approved by the\ncommissioner and shall have at least three years verified work\nexperience in constructing, maintaining, and repairing such lifts and\nshall provide the commissioner a certificate of completion of an\naccessibility training program for lifts under the scope of A18.1 2017\nsuch as the certified accessibility and private residence lift\ntechnician (CAT) training provided by the National Association of\nElevator Contractors (NAEC), or an equivalent program as determined by\nthe commissioner.\n 25. "Moving walk/sidewalk" means a type of passenger-carrying device\non which passengers stand or walk, and in which the passenger-carrying\nsurface remains parallel to its direction of motion and is\nuninterrupted.\n 26. "Occupational license" means a license that authorizes the holder\nto engage in accessibility lift work, or elevator and conveyance work or\nelevator and conveyance inspections.\n 27. "Person" means any natural person.\n 28. "Business" means any corporation, or instrumentality of a\ncorporation, self-employed person, company, unincorporated association,\nfirm, partnership, limited liability company, corporation, or any other\nentity, or any owner or operator of any of the foregoing entities.\n 29. "Private residence" means a separate dwelling or a separate\napartment in a multiple dwelling, which is occupied by members of a\nsingle family unit.\n 30. "Repair" means reconditioning or renewal of any elevator or\nconveyance or component necessary to keep such equipment in compliance\nwith applicable code requirements.\n 31. "Alteration" means any change to any conveyance or component other\nthan maintenance, repair, or replacement, but shall not include the\nprofessional services of engineering or architecture as defined in\nsections seventy-two hundred one and seventy-three hundred one of the\neducation law.\n 32. "Design" means the act or process of planning the repair,\nalteration, or construction of any conveyance, but shall not include the\nprofessional services of engineering or architecture as defined in\nsections seventy-two hundred one and seventy-three hundred one of the\neducation law.\n 33. "Construction" means the act or process of constructing any\nconveyance, and includes vertically constructing or connecting any\nconveyance or part or system thereof.\n 34. "Inspection" means a critical examination, observation, or\nevaluation of quality and code compliance of any conveyance.\n 35. "Testing" means a process or trial of operation of any conveyance.\n 36. "Maintenance" means a process of routine examination, lubrication,\ncleaning, and adjustment of any conveyance or components for the purpose\nof ensuring performance in accordance with any applicable code\nrequirements.\n 37. "Service or servicing" means a service call or other unscheduled\nvisit, not including routine maintenance or a repair, to troubleshoot,\nadjust or repair an improperly functioning or an otherwise shut down\nconveyance.\n 38. "Temporarily dormant elevator, dumbwaiter, or escalator" means an\ninstallation temporarily placed out of service under the following\ncircumstances: (a) (i) when such installation's power supply has been\ndisconnected; and (ii) the car is parked and any doors are closed and\nlatched; and (iii) a wire seal is installed on the mainline disconnect\nswitch by an elevator inspector; or (b) as determined by state or local\nlaw, code, rule, or regulation.\n 39. "Personnel and material hoists" means rack and pinion hoists,\nalimaks, and machines of a similar nature used for the hoisting of\nconstruction material, equipment and personnel, or the removal of\ndebris, all during the construction, renovation, and/or demolition phase\nof any construction project whether an inside or outside hoist.\n 40. "Installation" means to place or fix any conveyance or component\nin position for operation.\n 41. "Subsidiary" means an entity that is controlled directly, or\nindirectly through one or more intermediaries, by an elevator contractor\nor elevator inspection contractor or by such contractor's parent\ncompany.\n 42. "Successor" means an entity engaged in work substantially similar\nto that of the predecessor, where there is substantial continuity of\noperation with that of the predecessor.\n 43. "Board" means the New York state elevator safety and standards\nadvisory board established by section nine hundred fifty-six of this\narticle.\n