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New York Labor - Article 10 - § 241 Construction, Excavation and Demolition Work

Legal Research Home > New York Laws > Labor > New York Labor - Article 10 - § 241 Construction, Excavation and Demolition Work


Labor 
 
    §  241. Construction, excavation and demolition work.  All contractors
  and owners and  their  agents,  except  owners  of  one  and  two-family
  dwellings  who  contract for but do not direct or control the work, when
  constructing  or  demolishing  buildings  or  doing  any  excavating  in
  connection therewith, shall comply with the following requirements:
    1. If the floors are to be arched between the beams thereof, or if the
  floors  or  filling in between the floors are of fireproof material, the
  flooring or filling in shall be completed as the building progresses.
    2. If the floors are not to be filled in between the beams with  brick
  or  other  fireproof  material,  the underflooring shall be laid on each
  story as the building progresses.
    3. If double floors  are  not  to  be  used,  the  floor  two  stories
  immediately  below  the story where the work is being performed shall be
  kept planked over.
    4. If the floor beams are of iron or steel, the entire tier of iron or
  steel beams on which the structural iron or steel work is being  erected
  shall  be thoroughly planked over, except spaces reasonably required for
  proper construction of the iron or steel work, for raising  or  lowering
  of  materials  or  for  stairways  and elevator shafts designated by the
  plans and specifications.
    5. If elevators, elevating machines or hod-hoisting apparatus are used
  in the course of construction, for the purpose of lifting materials, the
  shafts or openings in each floor and at  each  landing  level  shall  be
  inclosed  or  fenced  in  on  all sides by a barrier of suitable height,
  except on two sides which may be used for  taking  off  and  putting  on
  materials, and those sides shall be guarded by an adjustable barrier not
  less than three nor more than four feet from the floor and not less than
  two feet from the edges of such shafts or openings.
    6.  All  areas in which construction, excavation or demolition work is
  being performed shall be  so  constructed,  shored,  equipped,  guarded,
  arranged,  operated  and conducted as to provide reasonable and adequate
  protection and safety  to  the  persons  employed  therein  or  lawfully
  frequenting  such  places. The commissioner may make rules to carry into
  effect  the  provisions  of  this  subdivision,  and  the   owners   and
  contractors  and  their  agents  for such work, except owners of one and
  two-family dwellings who contract for but do not direct or  control  the
  work, shall comply therewith.
    7.  The  commissioner  may make rules to provide for the protection of
  workers in connection with the excavation work for the  construction  of
  buildings,  the  work  of  constructing  or  demolishing  buildings  and
  structures, and the guarding of dangerous machinery used  in  connection
  therewith,  and  the  owners  and  contractors and their agents for such
  work, except owners of one and two-family dwellings who contract for but
  do not direct or control the work, shall comply therewith.
    8. The commissioner,  as  deemed  necessary,  shall  promulgate  rules
  designed  for  the  purpose of providing for the reasonable and adequate
  protection and safety of persons passing  by  all  areas,  buildings  or
  structures in which construction, excavation or demolition work is being
  performed,  and  the  owners  and  contractors and their agents for such
  work, except owners of one and two-family dwellings who contract for but
  do  not  direct  or  control  the  work,  shall  comply  therewith.  The
  provisions  of  this  subdivision  shall  not  apply  to cities having a
  population of one million or more.
    9. No liability for the non-compliance with any of the  provisions  of
  this  section shall be imposed on professional engineers as provided for
  in article one hundred forty-five of the education  law,  architects  as
  provided for in article one hundred forty-seven of such law or landscape
  architects  as  provided  for in article one hundred forty-eight of such

  law who do not direct or control the  work  for  activities  other  than
  planning and design. This exception shall not diminish or extinguish any
  liability  of professional engineers, architects or landscape architects
  arising under the common law or any other provision of law.
    10.  Prior  to  advertising  for bids or contracting for or commencing
  work on any demolition work on  buildings  covered  under  this  section
  except  agricultural  buildings as defined in regulations promulgated by
  the commissioner and except buildings  the  construction  of  which  was
  begun  on  or  after  January  first, nineteen hundred seventy-four, all
  owners and their agents, except owners of one and  two-family  dwellings
  who contract for but do not direct or control the work, shall conduct or
  cause  to be conducted a survey to determine whether or not the building
  to be demolished contains asbestos or asbestos material  as  defined  in
  section  nine  hundred  one  of  this  chapter.  Such  surveys  shall be
  conducted in conformance with rules and regulations promulgated  by  the
  commissioner.  Information derived from such survey shall be immediately
  transmitted to the commissioner and to  the  local  governmental  entity
  charged with issuing a permit for such demolition under applicable state
  or  local  laws  or,  if no such permit is required, to the town or city
  clerk. If such survey finds that a building to  be  demolished  contains
  asbestos  or asbestos material as defined by section nine hundred one of
  the chapter, no bids shall  be  advertised  nor  contracts  awarded  nor
  demolition  work  commenced by any owner or agent prior to completion of
  an asbestos  remediation  contract  performed  by  a  licensed  asbestos
  contractor as defined by section nine hundred one of this chapter.
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Last modified: February 15, 2014