2006 New York Code - 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.
    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.

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