N.Y. Labor Law 950 – Application
§ 950. Application. 1. This article covers licensing of businesses and occupations that engage in design, construction, installation, inspection, testing, maintenance, alteration, service, and repair of the following equipment:
Terms Used In N.Y. Labor Law 950
- 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
- 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
- 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
- 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
- Person: means any natural person. See N.Y. Labor Law 951
- 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. See N.Y. Labor Law 951
- Private residence: means a separate dwelling or a separate apartment in a multiple dwelling, which is occupied by members of a single family unit. 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
- Testing: means a process or trial of operation of any conveyance. See N.Y. Labor Law 951
(a) hoisting and lowering mechanisms equipped with a car or platform which moves between two or more landings. This equipment includes, but is not limited to elevators, platform lifts, and non-residential stairway chair lifts;
(b) power driven stairways and walkways for carrying persons between landings. This equipment includes, but is not limited to, escalators and moving walks;
(c) hoisting and lowering mechanisms equipped with a car, which serves two or more landings and is restricted to the carrying of material by its limited size or limited access to the car. This equipment includes, but is not limited to, dumbwaiters, material lifts, and dumbwaiters with automatic transfer devices as defined in section nine hundred fifty-one of this article; and
(d) automatic guided transit vehicles on guideways with an exclusive right-of-way. This equipment includes, but is not limited to, automated people movers.
2. The following equipment is not covered by this article:
(a) personnel and material hoists;
(b) manlifts;
(c) mobile scaffolds, towers, and platforms;
(d) powered platforms and equipment for exterior and interior maintenance;
(e) conveyor and related equipment;
(f) cranes, derricks, hoists, hooks, jacks, and slings;
(g) industrial trucks;
(h) portable equipment, except for portable escalators;
(i) tiering and piling machines used to move materials to and from storage located and operating entirely within one story;
(j) equipment for feeding or positioning materials including, but not limited to, machine tools and printing presses;
(k) skip or furnace hoists;
(l) wharf ramps;
(m) railroad car lifts or dumpers;
(n) stairway chairlifts for private residences; and
(o) line jacks, false cars, shafters, moving platforms, and similar equipment used for installing an elevator by a contractor licensed in this state.
3. The licensing provisions of this article shall not apply to the owners or lessees of private residences who design, construct, install, alter, repair, service, or maintain conveyances that are located or will be located in such owner or lessee's private residence. However, any person hired to design, construct, install, alter, repair, service, maintain, or perform any other work related to such conveyances must comply with the provisions of this article.
4. No license shall be required for the removal or dismantling of conveyances.
5. No license shall be required for the outfitting, removal, refinishing, or replacement of interior finishes, including wall panels, drop ceilings, handrails and flooring, removal or replacement of interior lighting, recladding of doors, transoms and front return panels, finishing, or ornamental work on car operating panels.
6. The provisions of this article and the rules adopted pursuant thereto shall be the minimum standard required and shall supersede any special law or local ordinance inconsistent therewith, and no local ordinance inconsistent therewith shall be adopted, but nothing herein contained shall prevent the enactment by local law or ordinance of additional requirements and restrictions.
7. Any municipal corporation may waive licensing fees for any individual seeking an elevator license, or its equivalent, offered by such municipal corporation if such individual holds an elevator mechanic's license pursuant to this article; provided, however, that any elevator mechanic's license, or its equivalent, offered by a municipal corporation shall not be inconsistent with the requirements of this article and nothing herein shall prevent the enactment by local law or ordinance of additional requirements.