§ 241 — Construction, excavation and demolition work

New York § 241

• Jurisdiction: New York
• Law LAB: Labor
• Art. 10: Building Construction, Demolition and Repair Work

Text

§ 241. Construction, excavation and demolition work. All contractors\nand owners and their agents, except owners of one and two-family\ndwellings who contract for but do not direct or control the work, when\nconstructing or demolishing buildings or doing any excavating in\nconnection therewith, shall comply with the following requirements:\n 1. If the floors are to be arched between the beams thereof, or if the\nfloors or filling in between the floors are of fireproof material, the\nflooring or filling in shall be completed as the building progresses.\n 2. If the floors are not to be filled in between the beams with brick\nor other fireproof material, the underflooring shall be laid on each\nstory as the building progresses.\n 3. If double floors are not to be used, the floor two stories\nimmediately below the story where the work is being performed shall be\nkept planked over.\n 4. If the floor beams are of iron or steel, the entire tier of iron or\nsteel beams on which the structural iron or steel work is being erected\nshall be thoroughly planked over, except spaces reasonably required for\nproper construction of the iron or steel work, for raising or lowering\nof materials or for stairways and elevator shafts designated by the\nplans and specifications.\n 5. If elevators, elevating machines or hod-hoisting apparatus are used\nin the course of construction, for the purpose of lifting materials, the\nshafts or openings in each floor and at each landing level shall be\ninclosed or fenced in on all sides by a barrier of suitable height,\nexcept on two sides which may be used for taking off and putting on\nmaterials, and those sides shall be guarded by an adjustable barrier not\nless than three nor more than four feet from the floor and not less than\ntwo feet from the edges of such shafts or openings.\n 6. All areas in which construction, excavation or demolition work is\nbeing performed shall be so constructed, shored, equipped, guarded,\narranged, operated and conducted as to provide reasonable and adequate\nprotection and safety to the persons employed therein or lawfully\nfrequenting such places. The commissioner may make rules to carry into\neffect the provisions of this subdivision, and the owners and\ncontractors and their agents for such work, except owners of one and\ntwo-family dwellings who contract for but do not direct or control the\nwork, shall comply therewith.\n 7. The commissioner may make rules to provide for the protection of\nworkers in connection with the excavation work for the construction of\nbuildings, the work of constructing or demolishing buildings and\nstructures, and the guarding of dangerous machinery used in connection\ntherewith, and the owners and contractors and their agents for such\nwork, except owners of one and two-family dwellings who contract for but\ndo not direct or control the work, shall comply therewith.\n 8. The commissioner, as deemed necessary, shall promulgate rules\ndesigned for the purpose of providing for the reasonable and adequate\nprotection and safety of persons passing by all areas, buildings or\nstructures in which construction, excavation or demolition work is being\nperformed, and the owners and contractors and their agents for such\nwork, except owners of one and two-family dwellings who contract for but\ndo not direct or control the work, shall comply therewith. The\nprovisions of this subdivision shall not apply to cities having a\npopulation of one million or more.\n 9. No liability for the non-compliance with any of the provisions of\nthis section shall be imposed on professional engineers as provided for\nin article one hundred forty-five of the education law, architects as\nprovided for in article one hundred forty-seven of such law or landscape\narchitects as provided for in article one hundred forty-eight of such\nlaw who do not direct or control the work for activities other than\nplanning and design. This exception shall not diminish or extinguish any\nliability of professional engineers, architects or landscape architects\narising under the common law or any other provision of law.\n 10. Prior to advertising for bids or contracting for or commencing\nwork on any demolition work on buildings covered under this section\nexcept agricultural buildings as defined in regulations promulgated by\nthe commissioner and except buildings the construction of which was\nbegun on or after January first, nineteen hundred seventy-four, all\nowners and their agents, except owners of one and two-family dwellings\nwho contract for but do not direct or control the work, shall conduct or\ncause to be conducted a survey to determine whether or not the building\nto be demolished contains asbestos or asbestos material as defined in\nsection nine hundred one of this chapter. Such surveys shall be\nconducted in conformance with rules and regulations promulgated by the\ncommissioner. Information derived from such survey shall be immediately\ntransmitted to the commissioner and to the local governmental entity\ncharged with issuing a permit for such demolition under applicable state\nor local laws or, if no such permit is required, to the town or city\nclerk. If such survey finds that a building to be demolished contains\nasbestos or asbestos material as defined by section nine hundred one of\nthe chapter, no bids shall be advertised nor contracts awarded nor\ndemolition work commenced by any owner or agent prior to completion of\nan asbestos remediation contract performed by a licensed asbestos\ncontractor as defined by section nine hundred one of this chapter.\n