2021 New York Laws
LAB - Labor
Article 33 - Elevators and Other Conveyances; Licensing
952 - Licensing and Compliance Requirements.
* § 952. Licensing, permit, registration and compliance requirements.
1. Except as otherwise provided for in subdivisions three and four of
section nine hundred fifty of this article, it shall be a violation of
this article for any elevator contractor to design, erect, construct,
install, alter, replace, service, or maintain, any conveyance contained
within buildings or structures in this state unless such elevator
contractor holds an elevator contractor's license.
2. Except as otherwise provided for in subdivisions three and four of
section nine hundred fifty of this article, it shall be a violation of
this article for any person to wire any conveyance, from the mainline
feeder terminals on the controller, in this state unless such person has
an elevator mechanic's license and is working under the direct
supervision of a licensed elevator contractor pursuant to this article.
No other license shall be required for this work, excluding 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. Except as otherwise provided for in subdivision three of section
nine hundred fifty of this article, it shall be a violation of this
article for any person to inspect or test any conveyance within
buildings or structures unless such person holds an elevator inspector's
license.
4. Except as otherwise provided for in subdivisions three and four of
section nine hundred fifty of this article, it shall be a violation of
this article for any elevator contractor to erect, construct, install,
or alter conveyances within buildings or structures within this state
unless a permit therefor has been issued by the commissioner before work
is commenced. No permit shall be issued except to a person holding a
valid elevator contractor's license. A copy of such permit shall be kept
at the construction site at all times while the work is in progress. An
application for a permit under this section with the commissioner shall
not be required if an authority having jurisdiction ("AHJ") posts all
permits issued to elevator contractors on the AHJ's official website
within forty-eight hours of their issuance. The information required to
be published must include, at a minimum, the date of issuance, the work
covered by the permit, the elevator contractor or contractors involved
and location and type of work to be performed.
5. Except as otherwise provided in subdivision three of section nine
hundred fifty of this article, all new conveyance installations shall be
performed by an elevator contractor licensed to install such conveyance.
Subsequent to installation, the elevator contractor must certify
compliance to the commissioner with the applicable sections of this
article as well as any other applicable law, rule, regulation or code.
Prior to such conveyances being used, the property owner or lessee must
obtain a certificate of operation from the commissioner. A fee, as set
forth in this article, shall be paid for such certificate of operation,
however, no such fee shall be required for conveyances in private
residences. It is the responsibility of the licensed elevator contractor
to complete and submit registrations for new installations. A
certificate of operation shall be valid for one year, except for
certificates issued for platform lifts for private residences, which
shall be valid for a period of three years. Certificates of operation
must be clearly and conspicuously displayed on, in or around each
conveyance and be accessible to the state or locality inspecting or
enforcing any applicable law, rule, regulation or code. An application
for a certificate of operation under this section with the commissioner
shall not be required if an authority having jurisdiction ("AHJ") posts
all certificates of operation issued to a building owner on the AHJ's
official website within forty-eight hours of their issuance. The
information required to be published must include, at a minimum, the
date of issuance, the unit subject to the certificate of operation, the
name and address of the building owner, and the address of the unit.
6. Except as otherwise provided in subdivision three of section nine
hundred fifty of this article, the certificate of operation for newly
installed platform lifts for private residences shall be issued only
subsequent to an inspection by a licensed third party inspection firm.
The certificate of operation fee for all new and existing platform lifts
for private residences and any renewal certificate fees are hereby
waived. The inspection of private residence platform lifts shall be done
at the request and consent of the private residence's owner or lessees.
7. It shall be the responsibility of licensees to ensure that the
installation, service or maintenance of conveyances is performed in
compliance with existing state and local building and maintenance codes.
* NB Effective and Repealed January 1, 2022
* § 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: (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.
* NB Effective January 1, 2022
