Article 11. Factories

Title 2 - ACCIDENT PREVENTION

Section 255. Elevators and hoistways.

Every elevator used in connection with a factory, the elevator opening and the machinery connected therewith, and every hoistway, hatchway and well-hole shall be so constructed, guarded, equipped, maintained and operated as to be safe for all persons. The board shall adopt rules to carry into effect the provisions of this section. § 257. Illumination.

1. In every factory proper lighting shall be provided during working hours for:

a. All places where persons work or pass, or may have to work or pass in emergencies;

b. All elevator cars and entrances;

c. All halls and stairs leading to workrooms;

d. All moving parts of machinery not required to be guarded by section two hundred and the rules of the board, and which are dangerous because of their location.

2. In every factory workroom the lighting shall be such as will not cause strain on the vision or glare in the eyes of workers.

3. In the public hallway upon each floor of every factory building a proper light shall be kept burning near the stairs during each working day from the opening of the building until its closing, except when natural light suffices. Such lights shall be arranged to operate reliably when through accident or other cause other lights of the building are extinguished.

Title 3 - FIRE HAZARD

Section 260. Incombustible, fireproof and fire-resisting or fire-resistive material.

1. "Incombustible material" means material which will not burn or support combustion as determined and specified in the rules of the board.

2. "Fireproof material" means material capable of resisting the effect of fire to a sufficient extent to insure the safety of the occupants of the building. The board shall determine and specify in its rules what materials are fireproof materials.

3."Fire-resisting material" or "fire-resistive material" means material conforming to the requirements of the board which shall determine and specify in its rules what materials, not being fireproof materials, are fire-resisting or fire-resistive materials.

Section 261. Fire door.

"Fire door" means a door constructed of such fire-resisting material as shall be specified in the rules of the board. The board shall determine and specify in its rules the materials and the manner of construction and erection of such doors, the sills thereof, and the automatic or self-closing device requirements of such doors. Electric contacts or interlocks of a type approved by the board may be accepted in lieu of self-closing devices on fire doors at each entrance to elevator or dumbwaiter hoistways.

Section 262. Fireproof window or fire window.

"Fireproof window" or "fire window" means a window with metal frame and sash, or frame and sash covered with metal, and provided with wired glass or of such other materials, construction and operation as the board shall specify in its rules.

Section 263. Fireproof partition or fire partition.

"Fireproof partition" or "fire partition" means a partition built of brick, or concrete, or reinforced concrete, or cinder block, or concrete block, or tile, or terra cotta blocks conforming with the requirements of the board. The board shall determine and specify in its rules such other materials as may be used and such requirements as are necessary for the construction of fire partitions and the protection of supporting metal framework.

Each opening in any fire partition shall have a fire door unless otherwise specified by the board in its rules.

Section 264. Fireproof building.

"Fireproof building" means a building conforming to the following requirements:

1. All exterior walls shall be constructed of brick, or stone, or concrete, or cinder block, or concrete block, or tile, or terra cotta or such other material as shall be specified in the rules of the board. The board shall determine and specify in its rules such requirements as it deems necessary for the construction of exterior walls.

2. All floors and roofs shall be built of brick, or cinder block, or concrete block, or tile, or terra cotta, or reinforced concrete supported by steel or reinforced concrete beams and girders. The board shall determine and specify in its rules such other materials, the manner of construction of floors and roofs and such other requirements as may be deemed necessary to carry into effect the intent of this chapter.

3. All structural metal shall be encased in fireproof material, of such thickness as shall be specified in the rules of the board.

4. All vertical openings leading from one floor to another, except one created by a mezzanine floor, shall be enclosed by fireproof or fire-resisting materials in a manner conforming to rules adopted by the board.

5.All stairways, landings, hallways, floor surfaces, furring, ceilings, partitions, sash, trim, window frames, doors and other interior finish, shall be constructed of incombustible material; but nothing in this section shall prevent the use of such combustible materials as the board shall determine and specify in its rules. Such rules shall also specify the circumstances or conditions under which combustible flooring, trim, acoustical material, insulating material or other interior finish may be used or applied to floors, walls, partitions or ceilings of fireproof buildings.

6. All windows shall be fire windows except:

a. In buildings less than seventy feet in height erected after October first, nineteen hundred and thirteen, where the windows are located more than thirty feet from another building or open on a court or space more than thirty feet wide;

b. In buildings less than one hundred and fifty feet in height erected before October first, nineteen hundred and thirteen, where the windows are located more than thirty feet from another building.

c. Fire windows may be provided with plate glass not less than one-fourth of an inch in thickness, no light of which shall exceed seven hundred and twenty square inches in area.

(1) If the windows are located more than thirty feet horizontally or fifty feet vertically from the nearest opening in the wall of another building.

(2) If the windows are located more than fifty feet in a vertical direction above the roof of a building within a horizontal distance of thirty feet of the wall in which the said windows are located.

7. Partitions. All partitions in the interior of fireproof buildings shall be of incombustible material. Nothing in this section shall prevent the use, in a building equipped with automatic sprinklers, of subdividing partitions of wood, or of wood and glass, in spaces used solely for office or show-room purposes, provided, however, that where such spaces are contiguous to any room or rooms in which manufacturing is carried on, such spaces shall be separated from such room or rooms by a dividing partition which, including doors, is constructed of incombustible material.

Section 265. Fire wall.

"Fire wall" means a wall which subdivides a building or separates buildings to restrict the spread of fire, and which starts at the foundation and extends through all stories to or above the roof as may be specified in the rules of the board. The board shall determine and specify in its rules the material and the manner of construction and erection of fire walls and the nature and extent of the protection to be afforded to openings therein.

Section 266. Exterior enclosed fireproof stairway.

"Exterior enclosed fireproof stairway" means a stairway conforming to the following requirements:

1. It shall be completely enclosed from top to bottom by walls of fireproof material not less than eight inches thick extending from the sidewalk, court or yard level to the roof, and above the roof so as to form a bulkhead.

2. It shall in all other respects except as herein provided conform to the requirements of section two hundred and seventy in regard to the construction of stairways and their enclosures, except that stairways and landings in an exterior fireproof enclosed stairway not exceeding one hundred feet in height may be constructed of other than incombustible material to be approved by the board.

3. There shall be no opening in any wall separating it from the building.

4. Access shall be provided to the stairway from every floor of the building by means of an outside balcony or vestibule of steel, iron or masonry. Every such balcony or vestibule shall have an unobstructed width of at least forty-four inches and shall be provided with a fireproof floor and a railing of incombustible material not less than three feet high. Access to such balconies from the building and to the stairway from the balconies shall be by means of firedoors. The level of the balcony floor shall be not more than seven inches below the level of the door sill of the building. The doors shall swing outward onto the balcony and inward from the balcony to the stairway, and shall be provided with locks or latches with visible fastenings requiring no key to open them in leaving the building. The balconies shall be open on at least one side, upon an open space not less than one hundred square feet in area.

5. The landings shall be of such width that the doors in opening into the stairway shall not reduce the free passageway of the landings to a width less than the width of the stairs.

6. Such stairway shall be provided with a proper lighting system furnishing adequate light and shall be so arranged as to ensure its reliable operation, when through accident or other cause the regular factory lighting is extinguished.

Section 267. Horizontal exit.

1. "Horizontal exit" means the connection by one or more openings, protected by firedoors, through a fire wall in any building, or through a wall or walls between two buildings, which doors shall continuously be unlocked and the opening unobstructed whenever any person is employed on either side of the opening.

2. Exterior balconies and bridges not less than forty-four inches in width connecting two buildings and not having a gradient of more than one foot fall in six, may also be counted as horizontal exits when the doors opening out upon said balconies or bridges are fireproof doors and are level with the floors of the building, and when all doors of both buildings opening on such balconies or bridges are continuously kept unlocked and unobstructed whenever any person is employed on either side of the exit, and when such balconies or bridges are built of incombustible material and are capable of sustaining a live load of not less than ninety pounds per square foot with a factor of safety of four; and when such balconies or bridges are enclosed on all sides to a height of not less than six feet and on top and bottom by fireproof material, unless all windows or openings within thirty feet of such balconies in the connected buildings shall be encased in metal frames and sash and shall have wired glass where glass is used.

3. In any case there shall be on each side of the wall or partition containing the horizontal exit and independent of said horizontal exit, at least one stairway conforming to the requirements for a required exit.

Section 268. Exterior screened stairway.

"Exterior screened stairway" means a stairway conforming to the following requirements:

1. It shall be built of incombustible material.

2. The risers of the stairs shall not be more than seven and three-quarters inches in height and the treads not less than ten inches wide.

3. On each floor there shall be a balcony connecting with the stairs.

4. Access to the balconies shall be by means of fire doors extending to the floor level and which shall slide freely or open outwardly so as not to obstruct the passageway.

5. All windows or other openings upon the course of such stairs shall be fireproof.

6. The level of the balcony floor shall not be more than seven inches below the level of the door sill.

7. The stairs shall continue from the roof to the ground level and shall lead (a) directly to a street, or (b) to a fireproof enclosed passageway independent of other exit from the building and leading to a street or road, or (c) to an open area having communication with a street or road.

8. The balconies and stairs shall be guarded on the sides by a screen of incombustible material.

Section 269. Application of provisions.

1. The provisions of sections two hundred and sixty-one, two hundred and sixty-two, two hundred and sixty-three, two hundred and sixty-five, two hundred and sixty-six, and two hundred and sixty-seven shall apply to all buildings erected after October first, nineteen hundred and thirteen, and to all construction made after that date in buildings erected prior to that date. The board shall adopt rules affecting construction made before October first, nineteen hundred and thirteen, in buildings theretofore erected, requiring compliance with such of the requirements of said sections, or with such other or different requirements as it finds reasonable and adequate to protect persons employed in such buildings against fire.

2. Altered buildings. When changes are made to a building erected prior to October first, nineteen hundred thirteen, which are so material and extensive as to constitute a new building, such building shall comply with the provisions of section two hundred seventy. However, the words material or extensive shall not apply if the structure is altered by adding an extension horizontally in such manner as to increase any or all of its floor areas by not more than twenty-five per centum.

Section 270. Construction of buildings erected after October first, nineteen hundred and thirteen.

No factory shall be conducted in a building erected after October first, nineteen hundred and thirteen, unless such building shall conform to the following requirements:

1. Fireproof construction. All buildings more than four stories in height shall be fireproof.

2. Roofs and walls. Roofs shall be covered either with incombustible material, or tar and slag, or plastic cement or such other materials as the board may approve, supported and laid according to its specifications. Cornices shall be constructed of incombustible material. All exterior walls within twenty-five feet of a non-fireproof building shall be built of brick, stone, concrete, cinder or concrete block or tile, terra cotta or other fireproof material acceptable to the state department of labor.

3. Required exits. a. On each floor used as a factory there shall be not less than two exits remote from each other, except that a single exit may be accepted by the commissioner from a floor or other area, of one thousand square feet or less, so long as no person is regularly employed on such floor or other area. One such exit on each floor used as a factory shall be a grade exit, an interior or exterior enclosed fireproof stairway or ramp. The other shall be either such a grade exit, stairway, ramp, or a horizontal exit, except that unenclosed exterior stairways or ramps within the property line, extending up or down to grade may be substituted for enclosed stairways from a floor immediately above or below the ground or first floor. Elevated runways and working platforms on which there is no regular or permanent occupancy shall not be construed as floors.

b. No point in any floor above or below the ground or first floor shall be more than one hundred feet distant from the entrance to one such exit at that floor and in a sprinklered building more than one hundred and fifty feet distant from such exit. No point in any ground, or first floor shall be more than two hundred feet distant from an exit from that floor and in a sprinklered building more than two hundred and fifty feet distant from such exit; provided that no point in any ground, or first floor of a building erected after July first, nineteen hundred forty-eight, in which a factory is conducted, shall be more than one hundred fifty feet distant from an exit from that floor and in a sprinklered building more than two hundred feet distant from such exit.

c. In every building over one hundred feet in height there shall be at least one exterior fireproof enclosed stairway which shall be accessible from any point in the building.

4. Stairways and ramps. a. All required interior stairways and ramps shall be constructed of incombustible material. Two hour fire test enclosures shall be provided in buildings over two stories in height, and in all subgrade stories. One hour fire test enclosures shall be provided for all other stairs and ramps in buildings two stories or less in height. All stairways and ramps shall have an unobstructed width of at least forty-four inches throughout their length except that hand rails may project not more than three and one-half inches into such width. There shall be not more than twelve feet six inches in height between successive landings. The treads shall be not less than ten inches wide and the risers shall be closed and not more than seven and three-fourths inches. No stairway with "winders" shall be permitted as a required exit. The treads shall be constructed and maintained so as to prevent persons from slipping thereon. Ramps used in place of required exit stairways shall have a slope not exceeding one foot in eight feet and shall comply with the requirements for stairways as to material, width, enclosure, ventilation, landings and shall have non-slip surfaces.

b. Every such required interior stairway shall be enclosed and ventilated in a manner conforming to rules adopted by the board, except that unenclosed stairways, no part of whose floor opening is more than twenty feet from an open side of the mezzanine and which lead to the floor immediately below, may be accepted from an unenclosed mezzanine not exceeding twenty-five hundred feet in area, unless otherwise specified by the board in its rules.

c. Exterior windows within twenty-five feet of a non-fireproof structure shall be fire windows. Skylights, unless provided with wired glass, shall have thereunder a shield of wire mesh in substantial frame work.

d. Whenever safe egress may be had from the roof of a building exceeding two stories in height to an adjacent structure all stairways serving as required exits shall extend to the roof, provided that in buildings over five stories in height at least one of the stairways serving as required exits shall extend to the roof. All stairways serving as required exits shall lead (a) continuously to the street, or (b) to a fireproof passageway independent of other exits from the building opening on a road or street, or (c) to an open area affording unobstructed passage to a road or street, except that unobstructed access to exits on the floor immediately below may be accepted for stairways from a mezzanine floor unless otherwise specified by the board in its rules. Provision shall be made for the adequate lighting of all stairways, ramps and passageways by artificial light. Where more than two stairways are provided in a building, not more than two may lead through a common fireproof passage to a street. Required stairways terminating at a floor below roof shall be connected at floor at which such stairs terminate through a fireproof passage to at least one other required stairway.

5. Doors and doorways. All doors at required exits or that lead to required exits shall open outwardly. The width of the fireproof passageways and exit doorways including stops, leading to the street at the grade level shall be not less than the aggregate required width of all stairways and ramps leading to them. The aggregate capacity of all other required exit doorways shall be calculated on the basis of twenty-two inches for each fifty persons or fraction thereof to be served by such doorways, but no such doorway shall be less than thirty-six inches in width.

The provisions of this section shall not apply to a building, in a city having a population of more than one million, used exclusively by one employer and in which not more than one-tenth of all the persons employed therein are engaged in work for a factory and which, except for such factory work, would be classified as a mercantile establishment.

Section 271. Requirements for buildings erected before October first, nineteen hundred and thirteen.

No factory shall be conducted in a building erected before October first, nineteen hundred thirteen, and not occupied or used as a factory building on July first, nineteen hundred forty-eight, unless such building shall conform to the requirements of section two hundred seventy. No factory shall be conducted in a building erected before October first, nineteen hundred thirteen and occupied or used as a factory building on July first, nineteen hundred forty-eight, unless such building shall conform to the following requirements:

1. Required exits. a. On each floor used as a factory there shall be at least two exits remote from each other, except that a single exit may be accepted by the commissioner from a floor or other area, of one thousand square feet or less, so long as no person is regularly employed on such floor or other area. One such exit on each floor shall be either a grade exit, an interior stairway enclosed as hereinafter provided or ramp similarly enclosed, or an exterior fireproof enclosed stairway. The other shall be: either such a grade exit, stairway or ramp; or a horizontal exit; or an exterior screened stairway; or outside fire-escapes on a building six stories or less in height, except such fire-escapes shall not be accepted as a required exit in such buildings or particular classes thereof where the board finds that they will not in its opinion furnish adequate and safe means of escape for occupants in case of fire. Unenclosed exterior stairways or ramps extending up to grade may be substituted for enclosed stairways from a floor area below the ground floor.

b. No point on any floor above or below the ground floor shall be more than one hundred feet distant from the entrance to one such exit at that floor nor more than one hundred and fifty feet distant from such exit if the building has an automatic sprinkler system conforming to section two hundred and eighty and the rules of the board. No point in any ground floor area shall be more than two hundred feet distant from an exit from that floor and in a sprinklered building more than two hundred and fifty feet distant from such exit.

c. If safe egress may be had from the roof to an adjacent structure every stairway serving as a required exit in a building exceeding two stories in height shall be extended to the roof. All such stairways shall extend to the first story and lead to the street or to an unobstructed passageway leading to a street or road or to an open area affording safe passage to a street or road.

2. Stairway enclosures. All interior stairways serving as required exits and the landings, platforms and passageways connected therewith shall be enclosed on all sides by partitions of fire-resisting material extending continuously from the basement to the roof. Where the stairway continues to the top floor such partitions shall extend to three feet above the roof or to the roof if it is fireproof. All such partitions and doors provided for openings therein shall be constructed in accordance with rules adopted by the board.

3. Doors. Where five or more persons are employed on any floor of a factory building all doors on such floor leading to or opening on any exit shall open outwardly or be double swinging doors. All exit doors in the first story, including the doors of the vestibule, shall open outwardly.

Section 272. Additional requirements for all buildings.

No factory shall be conducted in any building unless such building shall be so constructed, equipped and maintained in all respects as to afford adequate protection against fire to all persons employed therein, nor unless in addition to the provisions of sections two hundred and seventy and two hundred and seventy-one such buildings shall conform to the following requirements:

1. Access to exits. Every exit shall be maintained in an unobstructed condition. Safe and continuous passageways with an unobstructed width of at least three feet throughout their length and leading directly to every exit including fire escapes and passenger elevators shall be maintained at all times on every floor of the building.

2. Stairways. Stairways shall be provided with proper hand rails. Where the stairway is enclosed by fireproof partitions the bottom of the enclosure shall be of fireproof material at least four inches thick, unless such partitions extend to the cellar bottom. If safe egress may be had from the roof to an adjacent structure all stairways serving as required exits and extending to the top story shall be continued to the roof.

3. Doors and windows. No door leading into or out of any factory or any floor thereof shall be locked, bolted or fastened during working hours. No door on any floor shall be obstructed by metal bars, grating or wire mesh. Metal bars, grating or wire mesh provided for any window or other opening shall be so constructed as to be readily movable or removable from the inside so as to afford free and unobstructed use thereof as a means of egress and they shall be left unlocked during working hours. Every door opening on a stairway or other exit shall open from both sides so as not to obstruct passage. Doors opening directly to the street or to yard or open area, may be provided with panic bolts of an approved type.

4. Exit signs. An exit sign shall be placed over all openings leading to stairways and other exits. Such sign shall be legible and visible in accordance with rules, regulations or requirements established by the State of New York Board of Standards and Appeals.

5. Vertical openings. All vertical openings leading from one floor to another, except one created by a mezzanine floor, shall be enclosed by fire-proof or fire-resistive materials and ventilated in a manner conforming to rules adopted by the board.

6. Floors. Floors in buildings more than one and less than five stories in height erected after October first, nineteen hundred thirteen and in all buildings erected prior thereto shall be so constructed or provided with a protective ceiling as to have a fire-resistive rating of at least one hour. This subdivision shall not apply where factory buildings are provided throughout with an automatic fire extinguishing system approved in the city of New York by the fire commissioner in such city and elsewhere by the commissioner.

7. Regulations by board. The board may adopt rules and establish requirements and standards for construction, equipment and maintenance of factory buildings or of particular classes thereof and the means and adequacy of exit therefrom in order to carry out the purposes of this chapter, alternative or in addition to the requirements of this article, and not inconsistent with the spirit thereof.

Section 273. Fire-escapes erected after October first, nineteen hundred and thirteen, on buildings theretofore erected.

All outside fire-escapes erected after October first, nineteen hundred and thirteen, on buildings theretofore erected and serving as required exits shall conform to the following requirements:

1. They shall be built of wrought iron or steel and shall be so designed, constructed and erected as to safely sustain on all platforms, balconies and stairways a live load of not less than ninety pounds per square foot with a factor of safety of four.

2. Whenever practicable a continuous run or straight run stairway shall be built.

3. All openings leading thereto shall have an unobstructed width of at least two feet and an unobstructed height of at least six feet. Such openings shall extend to the floor level or within six inches thereof, shall be not more than seven inches above the floor of the fire-escape balcony and shall be provided with fire doors, except in buildings five stories or under in height complying with the provisions of subdivisions five and six of section two hundred and seventy-four.

4. All windows opening upon the course of the fire-escape shall be fireproof windows.

5. On every floor above the first there shall be a balcony firmly fastened to the building and embracing one or more easily accessible and unobstructed openings. The balconies shall have a width of at least four feet throughout their length and shall have a landing not less than twenty-four inches square at the head of every stairway. There shall be a passageway between the stairway opening and the side of the building at least eighteen inches wide throughout except where the stairways reach and leave the balconies at the ends or where double run stairways are used. The stairway openings of the balconies shall be of a size sufficient to provide clear headway and shall be guarded on the long side by an iron railing not less than three feet in height. Each balcony shall be surrounded by an iron railing not less than three feet in height properly braced.

6. The balconies shall be connected by stairways not less than twenty-two inches wide placed at an incline of not more than forty-five degrees, with steps of not less than eight-inch tread and not over eight-inch rise and provided with a handrail not less than three feet above the treads. The treads of such stairways shall be so constructed as to sustain a live load of four hundred pounds per step with a factor of safety of four.

7. There shall be a similar stairway from the top floor balcony to the roof, except where the fire-escape is erected on the front of the building.

8. A similar stairway shall also be provided from the lowest balcony to a safe landing place beneath, which stairway shall remain down permanently or be arranged to swing up and down automatically by counter-balancing weights.

9. When not erected on the front of the building, safe and unobstructed egress shall be provided from the foot of the fire-escape by means of an open court or courts or a fireproof passageway having an unobstructed width of at least three feet throughout, leading to the street, or by means of an open area having communication with the street. Such fireproof passageway shall be adequately lighted at all times and the lights shall be so arranged as to insure their reliable operation when through accident or other cause the regular factory lighting is extinguished.

Section 274. Fire-escapes erected before October first, nineteen hundred and thirteen.

All outside fire-escapes erected before October first, nineteen hundred and thirteen, and serving as required exits under the provisions of section two hundred and seventy-one shall conform to the following requirements:

1. There shall be balconies on each floor of the building connected with stairways placed at an angle of not more than sixty degrees.

2. A stairway shall lead from the top floor balcony to the roof, except when the fire-escapes are erected on the front of the building.

3. A stairway not less than twenty-two inches wide shall lead from the lowest balcony to a safe landing place beneath, which stairway shall remain down permanently or swing up and down by counterbalancing weights.

4. A safe and unobstructed exit shall be provided to the street from the foot of such fire-escapes as required in subdivision nine of section two hundred and seventy-three.

5. Steps shall connect the sill of every opening leading to the fire-escapes with the floor wherever such sill is more than three feet above the floor level.

6. All openings leading to the fire-escapes shall be provided with fireproof windows or fire doors.

7. All windows opening upon the course of the fire-escape shall be fireproof windows.

Section 275. Special laws and local ordinances.

The requirements of sections two hundred and seventy to two hundred and seventy-four, inclusive, are not in substitution for the requirements of any general or special law or local ordinance relating to the construction, equipment or maintenance of buildings, but the provisions of such general and special laws and local ordinances shall be observed as well as the provisions of said sections. The provisions of sections two hundred and seventy to two hundred and seventy-four, inclusive, shall supersede all provisions inconsistent therewith in any special law or local ordinance, and any provision of law or ordinance which gives power to any officer to establish requirements inconsistent with the provisions of such sections or the rules adopted by the board under the provisions of this chapter.

Section 276. Inspection of buildings and approval of plans.

1. Inspection of buildings. The officer of any city, village or town having power to inspect buildings therein to determine their conformity to the requirements of law or ordinance governing their construction shall, whenever requested by the commissioner, inspect any factory building therein and certify to the commissioner whether such building conforms to the requirements of this chapter and the rules of the board. Such certificate shall be presumptive evidence of the truth of the matters therein stated.

2. Approval of plans. Before constructing or altering a building to be used for a factory, the plans and specifications therefor may be submitted to the commissioner in such form as he may require. If they comply with the requirements of this chapter and the rules of the board, the commissioner shall issue his certificate approving the same. No permit for the construction of any building or structure, which is required to conform to the structural requirements of the labor law or the rules adopted thereunder shall be issued by an enforcing authority in any city or village of this state except as provided by chapter five hundred and three of the laws of nineteen hundred sixteen as amended, until the plans have been approved by the commissioner. Nothing herein shall prohibit any local authority from issuing a temporary permit for excavation and foundations and such temporary permit also shall issue upon notice from the department of labor of the receipt of a request for a variation as provided for in section thirty of this chapter. Such certificate shall be presumptive evidence of the truth of the matters therein stated.

3. Certificate of compliance. After such construction or alteration shall be completed, the commissioner shall ascertain by inspection whether the building conforms substantially to the requirements of this chapter and the rules of the board. If the commissioner finds that it does so conform he shall issue his certificate to that effect. No building or structure hereafter erected, or altered, which is required to conform to the structural requirements of the labor law or the rules adopted thereunder, shall be used or occupied without such certificate.

Section 277. Notice of issue of local construction permit.

The officer of any city, village or town having power to approve plans for the construction and alteration of buildings shall, immediately upon the issuance of a permit for the construction or alteration of a building to be used for a factory or mercantile establishment as defined by this chapter, forward to the commissioner on forms provided by him a notice of the issue of such permit and such other information as he may require. The provisions of this section shall not apply to the city of New York.

Section 278. Limitation of number of occupants.

The number of persons who may be employed in a factory building or portion thereof shall be limited to such number as can safely escape from the building by the exits provided in the building and shall not exceed the following:

1. In a building erected after October first, nineteen hundred and thirteen, fourteen persons for every full twenty-two inches in width of stairway provided for such floor and conforming to the requirements for required exits, except as to extension to the roof. No allowance shall be made for any excess in width of less than twenty-two inches.

2. In a building erected before October first, nineteen hundred thirteen, fourteen persons for every eighteen inches in width of stairway provided for such floor and conforming to the requirements for required exits except as to extension to the roof. For any excess in width of less than eighteen inches, a proportionate increase in the number of occupants shall be allowed. If a stairway has winders a deduction of ten per centum shall be made in computing the capacity of such stairway.

3. On any floor which is more than ten feet from the one immediately beneath, the number "fourteen" allowed in subdivisions one and two may be increased respectively by one person for every sixteen inches over ten feet between the two floors provided such stairways conform to the requirements for required exits except as to extension to the roof.

4. In addition to the number of persons allowed in subdivisions one, two and three, so many persons may be employed on any floor as can occupy the stair halls, allowing five square feet of unobstructed floor space per person where the stairways and stair halls are enclosed by partitions as required by sections two hundred and seventy and two hundred and seventy-one.

5. The number of persons permitted to be employed on any floor under subdivisions one, two, three and four may be increased one hundred per centum where there is maintained throughout the building an automatic sprinkler system conforming to the requirements of section two hundred eighty and to the rules of the board and where, if required by subdivisions one and two of section two hundred seventy-nine, a fire alarm signal system is maintained and fire drills are conducted.

6. On any floor at which a horizontal exit is provided so many persons may be employed as can occupy the smaller of the spaces on either side of the fireproof partitions or fire walls, or as can occupy the floor of an adjacent building which is connected with such floor by openings in the wall or walls between the buildings or by exterior balconies or bridges in addition to the occupants of such connected floor in such adjacent building, allowing five square feet of unobstructed floor space per person. Openings constituting required exit doorways, or if such exits are balconies or bridges, the openings leading thereto shall be of sufficient aggregate width to allow eighteen inches in width of openings for each fifty persons or fraction thereof employed on such floor in the case of factory buildings erected before October first, nineteen hundred and thirteen, and twenty-two inches in the case of factory buildings erected after that date.

7. Where a floor is occupied by more than one tenant, the commission may prescribe how many of the persons allowed to occupy such floor under the provisions of this section may occupy the space of each tenant.

8. In every factory building the commissioner shall cause to be posted in a conspicuous place in every stairhall and workroom, notices specifying the number of persons that may occupy each floor thereof in accordance with the provisions of this section. If any floor is occupied by more than one tenant, such notices shall be posted in the space occupied by each tenant, and shall state the number of persons that may occupy such space. Every such notice shall bear the date when posted.

Section 279. Fire alarm signal systems and fire drills.

1. Fire alarm signal systems. Except as may otherwise be provided by the board in its rules, every factory building over two stories in height in which more than twenty-five persons are employed above the ground floor shall be equipped by the owner thereof with a fire alarm signal system having a sufficient number of signals clearly audible to all occupants of the building, and so arranged as to permit the sounding of all the alarms within the building whenever the alarm is sounded in any portion thereof. Such system shall be maintained in good working order and no person shall tamper with same or render ineffective any portion thereof except to repair it. A person discovering a fire shall cause an alarm to be sounded immediately. The board of standards and appeals in the city of New York and elsewhere the board may make rules and regulations relating to the installation of fire alarm signals and prescribing the number, character and location of the signals and the method and character of the installation including that of all appliances in connection therewith.

2. Fire drills. Except as may otherwise be provided by the board in its rules, in every factory building over two stories in height in which more than twenty-five persons are employed above the ground floor, a fire drill shall be conducted at least once a month in which all of the occupants of the building shall participate simultaneously and which shall conduct all such occupants to a place of safety. In New York city the fire commissioner and elsewhere the board shall make rules, regulations and special orders necessary or suitable to each situation and to secure the personal co-operation of all the tenants of the building in a fire drill of all the occupants thereof. Such rules, regulations and orders may require the posting of the same or an abstract thereof and may prescribe upon whom shall rest the duty of carrying them out.

3. Exceptions. Subdivisions one and two of this section shall not apply to a building in which every square foot of the floor area on all stories is protected with an automatic sprinkler system having two adequate sources of water supply and approved by the public authorities having jurisdiction thereof and in which also the maximum number of occupants of any one floor does not exceed by more than fifty per centum the capacity of the exits, as determined by subdivisions one, two, three and four of section two hundred and seventy-eight. If the commissioner after investigation determines that the spirit of this chapter is observed and public safety secured he may permit in place of the automatic sprinkler system before specified an automatic sprinkler system having one adequate source of water supply and approved by the public authorities having jurisdiction thereof.

4. The provisions of this section shall be enforced in the city of New York by the fire commissioner of said city and elsewhere by the commissioner.

Section 280. Automatic fire extinguishing systems.

Every factory building erected before October first, nineteen hundred thirteen, which is more than one story in height and which has any occupancy specified by the board in its rules as of medium or high hazard below its uppermost floor, shall be provided by the owner thereof with an automatic fire extinguishing system.

In every non-fireproof factory building constructed after October first, nineteen hundred thirteen, which is more than one story in height and which has any occupancy specified by the board in its rules as of high hazard below its uppermost floor, the story containing such occupancy and all stories above it shall be provided by the owner thereof with an automatic fire extinguishing system.

The automatic fire extinguishing systems required by this section shall be approved in the city of New York by the fire commissioner in such city and elsewhere in accordance with the rules of the board. The relative hazard of occupancies within said city shall be as determined by the board of standards and appeals thereof. The provisions of this section shall be enforced in the city of New York by the fire commissioner of said city and elsewhere by the commissioner.

Section 281. Fireproof receptacles.

Every factory shall be provided with properly covered fireproof receptacles, the number, style and location of which shall be approved in the city of New York by the fire commissioner and elsewhere by the commissioner. There shall be deposited in such receptacles waste materials, cuttings and rubbish of an inflammable nature. No waste materials, cuttings or rubbish shall be permitted to accumulate on the floors of any factory but shall be removed therefrom not less than twice each day. All such waste materials, cuttings and rubbish shall be entirely removed from a factory building at least once a day, except that baled waste material may be stored in fireproof enclosures. All such baled waste material shall be removed from the building at least once a month.

Section 282. Gas jets and other lights.

All gas jets and other lights in factories shall be properly enclosed by globes or wire cages or shall be otherwise properly protected in a manner approved in the city of New York by the fire commissioner of such city and elsewhere by the commissioner.

Section 283. Smoking.

1. No person shall smoke in a factory. A notice of such prohibition stating the penalty for violation thereof shall be kept posted in every entrance hall, elevator, stairhall and room of a factory in English, and in such other languages as the fire commissioner of the city of New York in such city and elsewhere the commissioner shall direct.

2. The board in its rules may permit smoking in protected portions of a factory, or in such classes of occupancies where in its opinion the safety of the employees will not be endangered thereby. The fire commissioner of the city of New York in such city and elsewhere the commissioner may issue such permits in accordance with rules adopted by the board.

3. The fire commissioner of the city of New York in such city and elsewhere the commissioner shall enforce this section.

Title 4 - SANITATION

Section 291. Cleanliness and safety of rooms.

Every room in a factory and every part thereof and all fixtures therein shall at all times be kept in a safe and sanitary condition and in proper repair. No person shall expectorate upon the walls, floors or stairs of a factory or of the building in which it is located. Suitable receptacles shall be provided and used for the storage of waste and refuse. The walls and ceiling of the rooms and hallways in every factory shall be kept in a clean condition.

Section 292. Drinking water.

There shall be provided in every factory at all times for the use of employees a sufficient supply of clean and pure drinking water, and if placed in receptacles the same shall be properly covered and kept clean.

Section 293. Washrooms.

1. There shall be provided and maintained for employees in every factory suitable and convenient washrooms separate for each sex, adequately equipped with washing facilities. Every washroom shall be adequately ventilated and heated and shall be lighted by artificial means where necessary.

2. In factories where lead, arsenic or other poisonous substances or injurious or noxious fumes, dust or gases are present as an incident or result of the business or occupation, hot water, soap and individual towels shall be furnished.

Section 294. Dressing rooms.

There shall be provided in every factory where females are employed such dressing or emergency rooms as shall be specified in the rules of the board. All dressing rooms shall be separated from waterclosets by partitions, shall have adequate floor space in proportion to the number of employees, shall be provided with seats and with suitable means for hanging clothes, and shall be constructed, heated, ventilated, lighted and maintained in accordance with the rules of the board.

Section 295. Waterclosets.

1. There shall be provided for every factory a sufficient number of suitable and convenient waterclosets. All waterclosets shall be maintained inside the factory building, except where in the opinion of the commissioner it is impracticable.

2. There shall be separate watercloset compartments or toilet rooms for females, constructed and maintained in accordance with the rules of the board.

3. The use of any form of trough watercloset, latrine or school sink within any factory is prohibited.

4. All waterclosets, urinals, watercloset compartments and toilet rooms and the plumbing in connection therewith shall be properly constructed, installed, ventilated, lighted, heated and maintained in accordance with the rules of the board.

Section 296. Laundries.

A shop, room or building where one or more persons are employed in doing public laundry work by way of trade or for purposes of gain is a factory within the meaning of this chapter and subject to the provisions relating to factories. No such public laundry work shall be done in a room used for sleeping or living purposes. All such laundries shall be kept in a clean condition and free from vermin and from all impurities of an infectious or contagious nature. This section shall not apply to a female doing custom laundry work at her home for regular family trade.

Section 297. Unclean factories.

1. If the commissioner finds evidence of contagious disease in a factory, he shall affix to the articles therein exposed to contagion a label containing the word "unclean" and shall notify the local department or board of health, which after disinfecting the articles may remove such label.

2. If the commissioner finds that the factory or work room therein is unsanitary, the commissioner may, upon filing in his office a written order stating the reasons therefor, affix to any articles therein a label containing the word "unclean." Such label shall be removed only by an authorized representative of the commissioner and not until such articles are removed from the factory and cleaned, or until the factory or work room is made sanitary.

Section 299. Ventilation, heating and humidity.

1. Every work room in a factory shall be provided with proper and sufficient means of ventilation, natural or mechanical or both, as may be necessary, and there shall be maintained therein proper and sufficient ventilation and proper degrees of temperature and humidity at all times during the working hours. If owing to the nature of the manufacturing process carried on in the factory work room excessive heat be created therein, there shall be provided, maintained and operated such special means or appliances as may be required to reduce such excessive heat.

2. All machinery creating dust or impurities in quantities tending to injure the health of employees shall be equipped with proper hoods and pipes connected to an exhaust fan of sufficient capacity and power to remove such dusts or impurities; such fan shall be kept running constantly while such machinery is in use. If the board decides that such apparatus is unnecessary for the health and welfare of the employees, or that other means of protection may be provided to safeguard the health and welfare of the employees against such injurious dusts or impurities, it may adopt rules excepting such machinery from the operation of this subdivision, or prescribing such requirements as will effectuate the intent of this subdivision.

3. If dust, gases, fumes, vapors, fibers or other impurities are generated or released in the course of the business carried on in any workroom of a factory, in quantities tending to injure the health of the employees, suction devices shall be provided which shall remove such impurities from the workroom, at their point of origin where practicable, by means of proper hoods connected to conduits and exhaust fans. Such fans shall be kept running constantly while the impurities are being generated or released.

4. The board shall make rules for and fix standards of ventilation, temperature and humidity in factories and shall prescribe the special means, if any, required for removing impurities or for reducing excessive heat, and the machinery, apparatus or appliances to be used for any of said purposes, and the construction, equipment, maintenance and operation thereof.

5. If any requirement of this section or any rule adopted thereunder be not complied with, the commissioner shall issue an order directing compliance therewith within thirty days after the service thereof. He may in such order require plans and specifications to be filed. In such case, before providing or making any change or alteration in any machinery or apparatus for any of the purposes specified in this section, the person upon whom such order is served shall file with the commissioner plans and specifications therefor and shall obtain his approval of the same.

Section 300. Size of rooms; air space per person.

No greater number of persons shall be employed in any room of a factory between six o'clock in the morning and six o'clock in the evening than will allow each person so employed two hundred and fifty cubic feet of air space nor, unless by written permit of the commissioner, than will allow four hundred cubic feet of air space for each person employed between six o'clock in the evening and six o'clock in the morning. Such rooms shall be lighted by electricity whenever persons are employed therein between six o'clock in the evening and six o'clock in the morning.

Title 5 - FOUNDRIES

Section 310. Foundries.

Foundries shall conform to the provisions of this chapter relating to factories and also to the following requirements:

1. Entrances and windows shall be constructed and maintained so as to minimize drafts.

2. Gangways shall be constructed and maintained of sufficient width to make the use thereof by employees reasonably safe and shall not be obstructed during the progress of casting.

3. Smoke, steam or gases generated in foundries shall be effectively removed therefrom in accordance with rules adopted by the board. The milling and cleaning of castings and the milling of cupola cinders shall be done under such conditions to be prescribed by the rules of the board as will adequately protect the employees from dust. The use of heaters discharging smoke or gas into the work rooms is prohibited except that open fires may be used under conditions prescribed by the board in its rules. Suitable provision shall be made for drying the working clothes of employees.

4. All apparatus, tools, implements and equipment shall be kept in proper condition and repair.

5. A first aid kit shall be provided for the use of employees in case of burns or accidents.

6. Where ten or more persons are employed (a) there shall be provided suitable and convenient wash rooms adequately equipped with hot and cold water. Such wash rooms shall be kept clean and properly heated. (b) Lockers shall be provided for the employees' clothing. (c) If outside watercloset or privy accommodations are permitted by rules of the board, they shall be properly heated and the passageway leading from the foundry thereto shall be so constructed and protected that employees using the passageway shall not be exposed to the outdoor atmosphere.

Title 6 - DUTIES OF OWNERS AND OCCUPIERS

Section 315. Definitions.

Whenever used in this article:

1. "Owner" means the owner of the premises, or the lessee of the whole thereof, or the agent in charge of the property.

2. "Tenant-factory building" means a building, separate parts of which are occupied and used by different persons and one or more of which parts is used as a factory.

Section 316. Duties of owners and occupiers.

1. Except as in this article otherwise provided, the person operating a factory, whether as owner or lessee of the whole or a part of the building in which the same is situated or otherwise, shall be responsible for the observance of the provisions of this article, anything in any lease or agreement to the contrary notwithstanding.

2. The owner of a tenant-factory building, whether or not he is also one of the occupants instead of the respective tenants, shall be responsible for the observance of the following provisions of this article, anything in any lease to the contrary notwithstanding:

Section two hundred and fifty-five, elevators and hoistways; section two hundred and seventy, construction of buildings erected after October first, nineteen hundred and thirteen; section two hundred and seventy-one, requirements for buildings erected before October first, nineteen hundred and thirteen; section two hundred and seventy-two, additional requirements for all buildings, except subdivision one and the first three sentences of subdivision three; section two hundred and seventy-three, fire escapes erected after October first, nineteen hundred and thirteen, on buildings theretofore erected; section two hundred and seventy-four, fire escapes erected before October first, nineteen hundred and thirteen; section two hundred and seventy-nine, fire alarm signal systems and fire drills; section two hundred and eighty, automatic sprinklers; section two hundred and ninety-two, drinking water; section two hundred and ninety-three, washrooms, except subdivision two thereof; section two hundred and ninety-five, water closets. Except that the tenants shall also be responsible within their respective holdings for the observance of the provisions of the following sections: section two hundred and fifty-five, elevators and hoist ways; section two hundred and seventy, construction of buildings erected after October first, nineteen hundred and thirteen; section two hundred and seventy-one, requirements for buildings erected before October first, nineteen hundred and thirteen; section two hundred and seventy-two, additional requirements for all buildings; section two hundred and seventy-three, fire escapes erected after October first, nineteen hundred and thirteen, on buildings theretofore erected; section two hundred and seventy-four, fire escapes erected before October first, nineteen hundred and thirteen.

The owner shall also be responsible for all other provisions of this article in so far as they affect those portions of the tenant-factory building or its premises that are used in common or by more than one occupant.

3. The tenant of any part of a tenant-factory building shall permit the owner, his agents and employees to enter and remain upon the demised premises whenever and so long as may be necessary to comply with the provisions of law, the responsibility for which is by this section placed upon the owner; and his failure or refusal so to do shall be a cause for dispossessing said tenant by summary proceedings to recover possession of real property. Whenever by the terms of a lease any tenant has agreed to comply with or carry out any of such provisions, his failure or refusal so to do shall be a cause for dispossessing said tenant by summary proceedings as aforesaid.