§ 316 — Duties of owners and occupiers

§ 316. Duties of owners and occupiers. 1. Except as in this article\notherwise provided, the person operating a factory, whether as owner or\nlessee of the whole or a part of the building in which the same is\nsituated or otherwise, shall be responsible for the observance of the\nprovisions of this article, anything in any lease or agreement to the\ncontrary notwithstanding.\n 2. The owner of a tenant-factory building, whether or not he is also\none of the occupants instead of the respective tenants, shall be\nresponsible for the observance of the following provisions of this\narticle, anything in any lease to the contrary notwithstanding:\n Section two hundred and fifty-five, elevators and hoistways; section\ntwo hundred and seventy, construction of buildings erected after October\nfirst, nineteen hundred and thirteen; section two hundred and\nseventy-one, requirements for buildings erected before October first,\nnineteen hundred and thirteen; section two hundred and seventy-two,\nadditional requirements for all buildings, except subdivision one and\nthe first three sentences of subdivision three; section two hundred and\nseventy-three, fire escapes erected after October first, nineteen\nhundred and thirteen, on buildings theretofore erected; section two\nhundred and seventy-four, fire escapes erected before October first,\nnineteen hundred and thirteen; section two hundred and seventy-nine,\nfire alarm signal systems and fire drills; section two hundred and\neighty, automatic sprinklers; section two hundred and ninety-two,\ndrinking water; section two hundred and ninety-three, washrooms, except\nsubdivision two thereof; section two hundred and ninety-five, water\nclosets. Except that the tenants shall also be responsible within their\nrespective holdings for the observance of the provisions of the\nfollowing sections: section two hundred and fifty-five, elevators and\nhoist ways; section two hundred and seventy, construction of buildings\nerected after October first, nineteen hundred and thirteen; section two\nhundred and seventy-one, requirements for buildings erected before\nOctober first, nineteen hundred and thirteen; section two hundred and\nseventy-two, additional requirements for all buildings; section two\nhundred and seventy-three, fire escapes erected after October first,\nnineteen hundred and thirteen, on buildings theretofore erected; section\ntwo hundred and seventy-four, fire escapes erected before October first,\nnineteen hundred and thirteen.\n The owner shall also be responsible for all other provisions of this\narticle in so far as they affect those portions of the tenant-factory\nbuilding or its premises that are used in common or by more than one\noccupant.\n 3. The tenant of any part of a tenant-factory building shall permit\nthe owner, his agents and employees to enter and remain upon the demised\npremises whenever and so long as may be necessary to comply with the\nprovisions of law, the responsibility for which is by this section\nplaced upon the owner; and his failure or refusal so to do shall be a\ncause for dispossessing said tenant by summary proceedings to recover\npossession of real property. Whenever by the terms of a lease any tenant\nhas agreed to comply with or carry out any of such provisions, his\nfailure or refusal so to do shall be a cause for dispossessing said\ntenant by summary proceedings as aforesaid.\n