N.Y. Labor Law 316 – Duties of owners and occupiers
§ 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.
Terms Used In N.Y. Labor Law 316
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Owner: means the owner of the premises, or the lessee of the whole thereof, or the agent in charge of the property. See N.Y. Labor Law 315
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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. See N.Y. Labor Law 315
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.