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This entry was published on 2014-09-22
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SECTION 241
Construction, excavation and demolition work
Labor (LAB) CHAPTER 31, ARTICLE 10
§ 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.