Every passenger elevator operated and maintained for use by the public shall be equipped or furnished with a seat, collapsible or otherwise, for the use of the operator when the elevator is not being operated, provided the operator thereof is not allowed a continuous recess period of at least fifteen minutes in every three hours in addition to and apart from a lunch period of at least forty-five minutes. Every passenger elevator operated in a building owned and maintained by the state shall be equipped or furnished with such a seat for the use of the operator when the elevator is not being operated, notwithstanding the operator is allowed the recess and lunch period herein specified. The provisions of this section shall not apply to elevators in factory buildings or any other building having only one passenger elevator.
New York Legal Code