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This entry was published on 2014-09-22
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Scaffolding and other devices for use of employees
§ 240. Scaffolding and other devices for use of employees. 1. 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, in the erection, demolition, repairing, altering, painting,
cleaning or pointing of a building or structure shall furnish or erect,
or cause to be furnished or erected for the performance of such labor,
scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys,
braces, irons, ropes, and other devices which shall be so constructed,
placed and operated as to give proper protection to a person so

No liability pursuant to this subdivision for the failure to provide
protection to a person so employed 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
or architects or landscape architects arising under the common law or
any other provision of law.

2. Scaffolding or staging more than twenty feet from the ground or
floor, swung or suspended from an overhead support or erected with
stationary supports, except scaffolding wholly within the interior of a
building and covering the entire floor space of any room therein, shall
have a safety rail of suitable material properly attached, bolted,
braced or otherwise secured, rising at least thirty-four inches above
the floor or main portions of such scaffolding or staging and extending
along the entire length of the outside and the ends thereof, with only
such openings as may be necessary for the delivery of materials. Such
scaffolding or staging shall be so fastened as to prevent it from
swaying from the building or structure.

3. All scaffolding shall be so constructed as to bear four times the
maximum weight required to be dependent therefrom or placed thereon when
in use.