N.Y. Labor Law 952 – Licensing and compliance requirements
§ 952. Licensing and compliance requirements. 1. Except as otherwise provided for in subdivisions three, four, and five of section nine hundred fifty of this article, it shall be unlawful for any business or person:
Terms Used In N.Y. Labor Law 952
- 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
- 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
- Contract: A legal written agreement that becomes binding when signed.
- 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 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. 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
- 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
(a) to engage in the business of elevator and conveyance work, or accessibility lift work, or hold themselves out as an elevator contractor, or both, unless such person or business has a valid elevator contractor's license; or
(b) to engage in the business of elevator and conveyance inspections, or hold themselves out as an elevator inspection contractor, or both unless such person or business has a valid elevator inspection contractor's license; or
(c) any combination of the above.
2. Except as otherwise provided for in subdivisions three, four, and five of section nine hundred fifty of this article, it shall be unlawful for any person:
(a) to engage in elevator and conveyance work, or to hold themselves out as an elevator mechanic, or both, unless such person has a valid elevator mechanic's license and works for a licensed elevator contractor or a public entity; or
(b) to engage in accessibility lift work, or to hold themselves out as accessibility lift technicians, or both, unless such person has a valid accessibility lift technician's license and works for a licensed elevator contractor or a public entity; or
(c) to engage in elevator and conveyance inspections, or to hold themselves out as an elevator inspector, or both, unless such person holds an elevator inspector's license and works for a licensed elevator inspection contractor or a public entity; or
(d) any combination of the above, provided, however, that the installation of branch circuits and wiring terminations for machine room and pit lighting, receptacles and HVAC as described in the NFPA National Electric Code 620.23 and 620.24 as well as fire and heat detectors and alarms, may be performed by a licensed electrical contractor.
3. It shall be the responsibility of licensees to ensure that any elevator and conveyance work or elevator and conveyance inspections that they perform is in compliance with existing state and local building and maintenance codes.
4. It shall be the responsibility of holders of business licenses to ensure that the licensing requirements of subdivisions one and two of this section are complied with by their employees and by businesses that they contract with, and to immediately report to the commissioner any failures to comply with the licensing requirements of subdivisions one and two of this section by other businesses or persons that they become aware of.