3009.3 Temporary use certificates.

The commissioner may issue temporary use certificates for any equipment or device regulated by this code, except power-operated scaffolds, provided that such partial use and operation may be made safely and without endangering public health, safety, and welfare and provided further that such temporary use certificate shall not be issued for a period of more than 30 calendar days, subject to renewal for additional 30-day periods at the discretion of the commissioner. Temporary use certificates for elevators shall also be conditioned upon compliance with the following:

   1.   The class of service to be permitted shall be designated on the temporary use certificate.

   2.   The hoistway shall be enclosed throughout in an enclosure complying with ASME A17.1/CSA B44 or with a temporary enclosure in accordance with the requirements for workers' elevators (temporary elevators) of the Industrial Code of the State of New York, No. 23.

3009.3.1 Posting of temporary use certificate.

The temporary use certificate shall be posted in a conspicuous location on, or adjacent to, the device covered by the certificate and shall state that the device has not been finally approved by the commissioner.

Section BC 3010: Elevator, Amusement, and Other Device Operators

3010.1 Elevator operators.

With the exception of automatic operation elevators, every passenger and freight elevator with a rise of more than one story shall be in the charge of a designated competent operator, who shall be at least 18 years old and selected with consideration of his or her abilities to perform his or her duties in a careful and competent manner. Such designated competent operator shall be instructed in the safe and proper operation of the equipment.

3010.2 Amusement device operators.

Operators of amusement devices shall meet the requirements of rules of the department.