Factory Regulations Pursuant to New York State Labor Law*

RCNY tit. 2, ch. 3

in effect

2 RCNY § 3-01 Scope.

§ 3-01 Scope. The rules set forth in this chapter were adopted to implement provisions of the New York State Labor Law with respect to the design, construction, operation and maintenance of factories. In general, these rules were applicable to factories constructed prior to December 6, 1968. Consult the New York State Labor Law, and the applicable provisions of the New York City Building or Construction Codes in effect on or after December 6, 1968, to determine whether these rules apply to buildings constructed or altered on or after December 6, 1968. (Added City Record 4/4/2019, eff. 5/5/2019)

2 RCNY § 3-02 Fire Resistive Construction.

§ 3-02 Fire Resistive Construction. Until this Board adopts rules to supplement §§ 260-265 inclusive and 272 of the Labor Law, the pertinent requirements of Article 11 of Chapter 1 of Title 27 of the Administrative (Building) Code of New York City shall govern in lieu of rules as to fire resistive construction in such buildings as come within the purview of the State Labor Law. (Renumbered City Record 4/4/2019, eff. 5/5/2019)

2 RCNY § 3-03 Standard Factory Exits.

§ 3-03 Standard Factory Exits. (a) Fire escapes. (1) In any building erected prior to October 1, 1913, now occupied or to be occupied as a factory, more than five stories in height and not exceeding nine stories in height, nor in any case more than 90 ft. from curb level to top floor level, one of the required means of exit or escape under § 271-1 of the Labor Law may consist of an outside fire escape, provided that: (i) Any such fire escape hereafter erected shall comply with all the provisions of § 273, Labor Law, and in addition thereto: (A) The balconies and stairs shall be protected on the outside by substantial railings to a height of at least 4 ft. 6 in., measured from floor of balcony or center of stair tread, constructed of bars at least one-half (1/2) inch in diameter, spaced not more than six (6) inches on centers, or of substantial grille work, or of screening not less than No. 10 U.S. gauge wire with not more than one and one-half (1 1/2) inch mesh, all rigidly braced; (B) When there is safe egress from the roof of the building to any adjoining structure, the fire escape stairway shall continue to the roof, and if there be no safe means of egress, a gooseneck ladder shall be provided from the top story balcony to the roof. (ii) Any such fire escape erected prior to October 1, 1913, shall conform in every respect with the requirements of subparagraph (i) of this paragraph (1), except that balconies may be not less than 3 feet in width; the connecting stairs not less than 20 inches in width, and placed at an angle not exceeding 60 degrees if the building is not over six stories in height, otherwise at an angle of 45 degrees. (2) In any building erected prior to October 1, 1913, now occupied or to be occupied as a factory, five stories or less in height, one of the required means of exit under § 271 of the Labor Law may consist of an outside iron fire escape, provided that: (i) Any such fire escape hereafter erected shall comply with all the provisions of § 273, Labor Law. (ii) Existing fire escapes shall comply with all provisions of § 274, Labor Law and in addition thereto (A) The balconies shall be not less than 3 feet in width. (B) The rails around balconies and well holes and on stairways shall be not less than 3 feet in height. (C) Passageways on the balconies shall be not less than 14 inches in the clear. (D) At least one opening to each balcony shall be a single fireproof casement door at least 2 feet wide and at least 6 feet in height, except that where the distance between the sill and lintel will not permit of an opening 6 feet in height, a casement door not less than 4 ft. 6 in. in height will be permitted. (3) The single fireproof casement doors leading to all fire escape balconies shall open out and shall be self-closing. An easily operated door lock with knobs on both sides of the door shall be provided. Such fire doors may be at window sill level if fixed iron step at least two feet wide, with risers not exceeding eight (8) inches, and treads not less than eight (8) inches are provided on the inside from floor level to sills properly secured. (4) (i) Any such fire escape erected subsequent to October 1, 1913, and prior to these rules taking effect, unless previously accepted as one of the required means of exit or escape by the administrative official having jurisdiction, shall conform in every respect to the provisions of these rules. (ii) A fire escape shall not hereafter be accepted as constituting one of the required means of exit or escape under § 271-1 of the Labor Law, in any building erected prior to October 1, 1913, now occupied or to be occupied as a factory, exceeding nine stories in height, or more than 90 feet from curb level to top floor level. (5) All fire escapes shall be maintained structurally safe, properly painted, and kept clear of all obstructions. (b) Enclosure of factory stairways. (1) Except as herein provided, in all factory buildings five stories or less in height, erected prior to October 1, 1913, in which there are more than twenty-five persons employed above the second story, all interior stairways, serving as required means of exit, and the landings, platforms and passageways connected therewith, shall be enclosed on all sides by partitions of fire-resisting material extending continuously from the lowest point of the stairway in accordance with the following schedule: Number of stories Contents combustible, no sprinkler Contents noncombustible, no sprinkler Contents combustible, and sprinkler Contents noncombustible and sprinkler Three Stairways Enclosed Four Stairways Enclosed Stairways Enclosed Five Stairways Enclosed Stairways Enclosed Stairways Enclosed The term "contents" as used above means articles, goods, wares and merchandise, packed, stored, manufactured or in the process of manufacture. The term "combustible" as used above means articles, goods, wares or merchandise which will burn or support combustion. The term "sprinkler" as used above means an adequate automatic sprinkler equipment installed and maintained in good working order on each floor. The term "story" as used above means that part of a building between any floor and the floor or roof next above; – the first story is that part of a building which is more than 50 percent above the floor below and the floor next above the curb or average grade level. Where the stairway extends to the top floor of the building, such partitions shall extend to the under side of the roof boarding. That portion of the under side of the roof beams within the stair enclosure shall be covered with fire resisting material, except in buildings with roofs of non-combustible material, in which case the partitions may stop at the under side of the roof. Where the stairway is required to extend to the roof, the enclosure shall be so built as to form a bulkhead. The enclosure shall be ventilated by a skylight in the roof with louvres or ventilators, or exterior windows with ventilating sections at the top floor. All openings in such partitions shall be provided with approved self-closing fire doors, except where such openings are in the exterior wall of the building. The bottom of the enclosure shall be of fireproof material at least four inches thick unless the partition extends to the cellar bottom. A horizontal exit, as defined in § 267 of the Labor Law, will be accepted as a compliance with this rule when both sides of the fire wall or walls are occupied on any factory floor by the same occupant. (2) Where there are occupancies on any story or part of a story involving the storage or use below the top story of the following materials and exceeding the amount specified, and there are more than 5 persons employed at manufacturing above such occupancy, the interior stairway serving as required means of egress shall be enclosed on that story with fire resisting material from floor to under side of floor above, including any exposed stair soffits, landings and passageways; openings shall be provided with approved self-closing fire doors. Nitrocellulose in any shape or form, 10 lbs. Volatile flammable oils, 1 gal. Volatile flammable mixtures, 5 gals. Combustible mixtures, 10 gals. Paints, varnishes and lacquers, 10 gals. Upholstering or mattresses, manufacturing or repairing. Cotton, rag and paper sorting, 1 ton. Paper box manufacturing. Restaurants and lunch rooms with cooking (not including tea, coffee or similar beverages). The Board shall rule upon new occupancies as they arise and pass upon points under dispute. When more than two stories are to be segregated, as above, the entire stairway shall be enclosed in fire-resisting material where there are more than 5 persons employed at manufacturing above the first story. (3) Required exits and enclosures of stairways in two-story factory buildings. Required Exits – in every two-story factory building erected prior to October 1, 1913, in which more than five persons are employed at manufacturing, there shall be provided from each story at least two means of exit or escape from fire remote from each other, one of which from every floor above or below grade shall lead to or open on an interior stairway which shall be enclosed, as hereinafter provided, or on an exterior enclosed stairway. The other may lead to such a stairway, or to a horizontal or grade exit, or to an exterior screened stairway, or to a fire escape conforming to § 273, Labor Law, or 2 RCNY § 3-03(a)(2). Except that exit door shall be a fire door, with substantial steps to the sills properly secured when sill is more than 8 inches above the floor level; and where there is no safe egress from the roof, a gooseneck ladder shall be provided from top balcony to the roof, except on the front of buildings. Unobstructed egress from the foot of the fire escape or exterior screened stairway shall be as required by § 273, Labor Law, or to open adjoining yard with egress to the street. No point on any floor of such building shall be more than one hundred and fifty (150) feet distant from such an exit. (4) Enclosure of stairways. In two-story buildings where there are occupancies on any story or part of a story involving the storage or use below the top story of any of the materials exceeding the amounts specified in 2 RCNY § 3-03(a)(2) and there are more than 5 persons employed at manufacturing above such occupancy, all interior stairways serving as required means of exit shall be enclosed from the lowest point of such stairway to the ceiling of the first floor by partitions of fire-resisting material, unless the building is provided with a wet sprinkler system, in which case such enclosure of stairways shall not be required. Such enclosures shall lead directly to a door opening outwardly to a street or road, or an open area affording unobstructed passage to a street or road. All openings in such enclosure shall be provided with fire doors equipped with self-closing devices. All reference herein to "Enclosure of Stairways" shall be considered as applying only to required stairways. (5) Storage of combustible material within factory stairway enclosures. In all factory buildings no articles or wares of any nature shall be kept or stored inside the limits of any stairway enclosure or unenclosed stairway, or on the landings, platforms or passageways connected therewith. (c) Safe egress from roofs of factory buildings. (1) Interior stairways serving as required means of exit in factory buildings erected after October 1, 1913, and not exceeding five stories in height, and in buildings erected before October 1, 1913, now occupied or to be occupied as a factory, shall not be required to extend to the roof where there is no safe egress from the roof, under §§ 270, 271 and 272, Labor Law. (i) When the roofs, or the top of the parapet wall of an adjoining building are more than eight feet below or more than five feet above the top of the parapet wall of the building in question, and there is no outside party wall fire escape, party wall exterior screen stairway, party wall balconies or bridges, or where any outside exits do not connect to adjoining buildings at roof level, or where there are no unbarred window openings five feet above the roof or parapet wall of the building in question. (ii) When the roof of the building in question has a pitch exceeding one foot in six feet of horizontal run. (2) (i) When there is no safe egress from the roof, as above described, there shall be in all cases at least a double-rung ladder at the top of the interior stairway, and within the interior stairway enclosure when stairway is enclosed. Such ladder shall be at least 18 inches in width and shall be properly secured at top and bottom. The ladder shall lead to a scuttle opening not less than 2 feet by 3 feet or be of such additional area as may be required to provide ample head room. The scuttle cover shall be hinged and of light weight construction, or be counter-balanced. An easily operated hook may be provided on scuttle cover. (ii) Where the stair bulkhead door opens within 10 feet from the open edge of the roof, an iron railing properly braced at least 3 feet high and at least 10 feet long shall be provided at the edge of roof. (Renumbered City Record 4/4/2019, eff. 5/5/2019)

2 RCNY § 3-04 Substandard Factory Exits.

§ 3-04 Substandard Factory Exits. (a) Fire escapes. When in addition to the required exits from any factory or factory building, there exist other means of egress which are not entirely in accordance with the requirements of the Labor Law and the rules of the Board of Standards and Appeals, such means of egress may be retained under the following conditions: All substandard fire escapes on factory buildings shall be maintained structurally safe, properly painted, and with the openings leading thereto, kept in good repair. In lieu of a counter-balanced stairway, a drop ladder in guides with a back-drop gravity hook may be provided. The drop ladder shall be of sufficient length to reach from the lowest balcony to the ground or safe landing place, with a passageway opening cut in the balcony rail, which rail shall be properly braced. When such substandard fire escapes are located in a court, side or rear of a building, proper egress to a point of safety shall be provided, either to open adjoining yards, or the lowest balcony may be connected to an adjoining fire escape, exterior stairway, to the roof of adjoining extensions, or other means of egress satisfactory to the authorities having jurisdiction. Substandard fire escapes shall be kept clear of all obstructions, shall not be used for fire drills, and shall not be considered as a basis for increase in occupancy. (b) Stairways and bridges. (1) Interior stairways. All interior stairways not conforming to the requirements of the Labor Law or rules of the Board of Standards and Appeals may be retained, provided that egress to same is maintained unobstructed, halls are properly lighted, and all landings, passageways, etc., are maintained free and unobstructed. An easily operated panic bolt or other similar device may be installed at street exit door. (2) Exterior screened stairways. Exterior screened stairways not serving as a required means of egress shall be maintained structurally safe and properly painted, exits thereto and all platforms and passageways thereof shall be maintained unobstructed, and egress from termination shall be provided for substandard fire escapes in 2 RCNY § 3-04(a). (3) Horizontal bridges. Horizontal bridges and party wall balconies between buildings shall be maintained structurally safe and properly painted, and access thereto and all passageways thereof shall be maintained unobstructed. (4) No sign of any character shall be placed at openings leading to these substandard exits. (Renumbered City Record 4/4/2019, eff. 5/5/2019)

2 RCNY § 3-05 Conduct of Fire Drills.

§ 3-05 Conduct of Fire Drills. (a) Definitions. Fire-Drill. The term "fire-drill" shall mean the method and practice of the systematic and orderly vacating of a building by its occupants in case of emergency, panic or fire in the least possible time – by the nearest safe means of exit – and the use of fire appliances which shall be provided for the extinguishing or retarding of fire and the safeguarding of human life. (b) In all buildings as defined in Article 1, § 10 of the Labor Law in which fire drills are required pursuant to § 279 and in any other building in which the Fire Commissioner may be directed pursuant to the power conferred in Section 488 of the Charter, it shall be the duty of the owners, lessees or tenants to conduct fire drills monthly and at such other times as the Fire Commissioner may direct. For the purpose of conducting such fire drills the owner or tenant shall appoint from among their employees such responsible and dependable persons, male or female, who shall efficiently perform the duties of the various positions of the fire drill organization, as specified on the accompanying chart. It shall be the duty of the owner or tenant to enter in the blank spaces provided for that purpose in said chart the names of persons so selected and post said chart and copies of the rules in a conspicuous place. FIRE DRILL ORGANIZATION Premises Name of concern Building No. Story FOREMAN OR PERSON IN CHARGE Regular Substitute WATCHMAN MALE SEARCHER FEMALE SEARCHER STREET ALARM BOX RUNNER FIRE BRIGADE EXIT GUARDS Exit Exit Exit Exit Exit Exit SQUAD MONITORS Squad No. 1 Squad No. 2 Squad No. 3 Squad No. 4 Squad No. 5 Squad No. 6 (c) Duties of Foreman. The Foreman or Person in Charge shall direct, enforce and have full charge of the "Fire-Drill" in every factory on each floor. Each day before work is begun he shall see that extinguishers, fire hose, fire buckets, etc., are in readiness for use, exit doors are unlocked, aisles are free from obstruction, that stairways, halls, etc., are properly lighted, and shall remedy any dangerous condition found to exist. Immediately after work is commenced he shall check up the Fire Drill Organization list and note if the regularly assigned persons are present. If any are found to be absent, he shall assign other employees (if practicable) to perform their duties. He shall immediately notify new employees of the existence of the Fire Drill Organization and give them the necessary instructions as to the duties they are to perform, etc. He shall be familiar with the operation and location of the interior alarm signal box on his floor. He shall listen for the test signal each morning at the appointed hour and in the event of the test signal not being heard he shall communicate with the superintendent or other person in charge of the building and advise him of the fact. The (Floor Captain's) Foreman's orders are final as to the carrying out of the fire drill on his particular floor. (d) Duties of Watchmen. The Watchmen shall see that all doors and windows are closed so as to prevent the spread of fire. The Watchmen shall be the only persons permitted to remain on the floor during the progress of a fire drill and do so at their own risk. For ordinary purposes only one watchman and a substitute shall be designated. In special cases, however, extra watchmen may be assigned by consent in writing from Fire Commissioner. (e) Duties of Searchers. The Male and Female Searchers shall search all toilets, dressing rooms and emergency rooms used and frequented by their sex and all other portions of the floor and order all persons, except those authorized to remain, to leave the premises. They are to take care of and assist all persons who may faint or be disabled. Searchers shall leave the floor immediately after the last squad leaves. (f) Duties of Street-Alarm-Box-Runner. The Street-Alarm-Box-Runner shall be familiar with the location of the nearest city fire alarm box and know how it is operated. In ordinary practice fire drills the Street-Alarm-Box-Runner shall report to the Foreman for orders, and if his services are not required he shall promptly file out of the premises with the other occupants. Only when a fire actually occurs on his floor, or when ordered to do so by the Foreman, shall the Street-Alarm-Box-Runner proceed to the street alarm box and send in the fire alarm. (g) Duties of fire brigade. The fire brigade shall have full charge of the operation of all auxiliary fire fighting apparatus and shall endeavor to extinguish, or at least hold in check until the arrival of the fire department, any fire that may occur. When it is necessary for the fire brigade to respond to different floors in the building they shall not use the stairways or fire escapes while the occupants are escaping from the premises. (h) Duties of Exit Guards. The Exit Guards shall station themselves at all exit doors leading to fire escapes, stairways and other means of escape immediately upon the sounding of the alarm. There shall be two guards for each exit, if practicable: one to stand in the hallway holding back the door and the other directly inside on the floor. They are to keep the exit doors open and direct the movements of the persons using these exits and prevent congestion. Exit Guards shall remain at their stations until all of the occupants of the building have passed their station, then close their doors and pass out of the building. Upon signal for the occupants to return, Exit Guards shall take their designated stations and remain there until all persons have returned to their respective floors. (i) Duties of Squad Monitors. The Squad Monitors, as soon as the alarm is sounded, shall see that the employees under their charge quickly form into line, two abreast, and numbering not more than thirty to each squad. They shall see that all aisles and passageways are cleared of obstructions. Note: Chairs, stools, baskets, etc., should be pushed under or placed on top of work benches. Monitors shall proceed at the head of their respective squads to the exit assigned, and then march up or down the stairs or to other exits as directed by the Exit Guards. On reaching the sidewalk monitors shall keep their squads in order and lead them a reasonable distance from the building, so as not to cause congestion and interference with fire apparatus. When the proper signal is given they shall return to their respective floors at head of their squads. Monitors will at all times see that those under their charge conduct themselves in a respectable and orderly manner. (j) Holding of drills. Fire drills shall be held at least once each month at varied hours of the day, and all of the occupants shall participate therein simultaneously. Such drills shall conduct all occupants to a place of safety. Where dual operation interior fire alarm systems are installed as permitted under 2 RCNY § 4-06(l) of the Interior Fire Alarm rules of the Board of Standards and Appeals, the fire drill conducted each month shall include all of the persons on the premises engaged at work for a factory, and drills shall be conducted at least twice each year in which all of the persons on the premises shall participate simultaneously. (k) Duties of owner. It shall be the duty of the owner, lessee or tenant of the building or his authorized agent or their representatives to personally observe that the "Fire Drill" is held simultaneously on every floor of the building and the participation therein of every occupant of such building. Any fire drill in which all of the occupants do not participate shall not be considered as complying with the law, except as otherwise provided in these rules. The person or persons representing the owner, lessee or tenant who supervises the fire drill at the building shall submit to an examination by the Bureau of Fire Prevention as to their experience and general fitness for such duties, and shall be so certified in writing by the Fire Commissioner. (l) Duties of engineer. It shall be the duty of the engineer, superintendent or other person in charge of a building having an interior fire alarm system to test such system daily immediately after the beginning of business, and to see that all apparatus operated by springs requiring winding are rewound after each alarm and kept in normal condition for operation. Whenever it is necessary to test the fire alarm system at any other time of the day, owing to repairs, etc., being made, the person in charge of building will first notify all Foremen of the several floors of the intended test and likewise notify them when the repairs, etc., are completed. This precaution is taken to prevent confusion and excitement, also misunderstanding of the alarm signals. It shall also be the duty of the person in charge of building to sound the interior alarm system at irregular intervals, but not less than once each calendar month, for the purpose of holding practice fire drills. He shall keep on the premises a record of such drills showing the date when held and the required time for all occupants to reach the street or a point of safety outside the building. The person in charge of building must immediately acquaint new tenants of the existence of the "Fire Drill" Organization and its purport. (m) Registration. The name and address of every person, corporation or co-partnership, that will, under professional service, carry on the trade, business or calling of establishing, maintaining or supervising the "Fire Drill" shall be registered in the Fire Department, which Department shall, upon evidence of fitness, grant a certificate to that effect. (Renumbered City Record 4/4/2019, eff. 5/5/2019)

2 RCNY § 3-06 Fireproof Windows.

§ 3-06 Fireproof Windows. Fireproof windows which meet the requirements of § 376 of the Building Code (as it existed before December 6, 1968), constructed of metal frames and sash equipped with non-corrodible hardware and fittings consisting of counterbalancing arms with rollers on both upper and lower sash operating in vertical grooves and permitting the free adjustment of the sash by a light pull on the lower sash handles may be installed for use, without an automatically closing device arranged to operate under the action of heat, in all exterior openings of factory buildings except those located as described in subdivisions (a), (b), (c) and (d) of this section, provided the window is fitted with an automatic sash-fast which holds the sash locked in the closed position: (a) Openings within thirty (30) feet in a direct line of another building not in the same vertical plane; (b) Openings on a court or space less than thirty (30) feet wide; (c) Openings within fifty (50) feet in a vertical direction above the roof of a building within thirty (30) feet thereof; (d) Openings along the course of fire-escape or other means of egress. (Renumbered City Record 4/4/2019, eff. 5/5/2019)

2 RCNY § 3-07 Smoking in Protected Portions of Factories and in Special Classes of Occupancies.

§ 3-07 Smoking in Protected Portions of Factories and in Special Classes of Occupancies. (a) Permit. (1) Prohibition. No person shall smoke, or carry a lighted cigar or cigarette in any factory as defined in Article 1, § 2, of the State Labor Law, nor in any portion of a factory, within the City of New York, except in such protected portions or special classes of occupancies as are specified in 2 RCNY § 3-07(b), and then only after the issuance of a permit by the Fire Commissioner. It shall be the joint and several duty of the owner and of the lessee or lessees of the building containing such factory or factories to cause to be posted in each and every entrance hall, stairhall or room throughout the building, as well as in every elevator-car, in English, and also in such other language or languages as the Fire Commissioner shall direct, a notice of such prohibition, and the penalty for its violation. (2) Application. Application for such permit shall be made only by the owner of the building on suitable blank forms to be furnished by the Fire Commissioner. (3) Time limit. Such permit shall be for a definite period, not exceeding one year, and shall not be renewed upon expiration until a reinspection of the premises for which it is issued has been made for the purpose of determining whether existing conditions warrant a renewal. (4) Conditions. The permit shall state the conditions under which, the hours between which, and the place or places in such factory where smoking may be permitted, and this permit shall be framed and kept posted in a conspicuous place in the factory. (5) Revocation. Violation of any of the conditions specified in the permit, in addition to incurring such penalties as are prescribed by law, shall be full and sufficient cause for the revocation of such permit by the Fire Commissioner, and he shall not again issue a permit for the same premises until at least one year has elapsed. (b) Permissible cases. Smoking may be permitted in: (1) Factories engaged in the manufacture of cigars, cigarettes, or smoking tobacco, when necessary for the efficient conduct of the business, provided that: (i) No smoking other than that for sampling, testing and experimental purposes is carried on. (ii) Such smoking is conducted in a room provided especially for that purpose, separated from the rest of the building by fireproof or fire-resisting partitions, with all openings therein protected by self-closing fire doors, and further, unless the building is of fireproof construction or equipped with an approved automatic sprinkler system, the floor and ceiling of such room shall be covered with fire-retarding material. (iii) Such chemical fire extinguishers as the Fire Commissioner may direct are installed. (iv) All waste paper and other flammable waste materials are deposited in fireproof receptacles. (2) Factories devoted entirely to one of the following occupancies: Blacksmithing or horseshoeing; Boiler making; Brick, terra cotta or artificial stone works; Forge shops; Foundries; Iron, steel, brass or copper works; Machine shops; Smelting; Stone or monumental works; provided that in any case: (i) The building is not of wooden construction; (ii) Such chemical fire extinguishers as the Fire Commissioner may direct are installed; (iii) All waste paper and other flammable waste materials are deposited in fireproof receptacles. (Renumbered City Record 4/4/2019, eff. 5/5/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-6519Fetched: 10/24/2026