N.Y. Labor Law § 202: Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings

§ 202. Protection of the public and of persons engaged at window

cleaning and cleaning of exterior surfaces of buildings. The owner,

lessee, agent and manager of every public building and every contractor

involved shall provide such safe means for the cleaning of the windows

and of exterior surfaces of such building as may be required and

approved by the board of standards and appeals. The owner, lessee,

agent, manager or superintendent of any such public building and every

contractor involved shall not require, permit, suffer or allow any

window or exterior surface of such building to be cleaned unless such

means are provided to enable such work to be done in a safe manner for

the prevention of accidents and for the protection of the public and of

persons engaged in such work in conformity with the requirements of this

chapter and the rules of the board of standards and appeals. A person

engaged at cleaning windows or exterior surfaces of a public building

shall use the safety devices provided for his protection. Every employer

and contractor involved shall comply with this section and the rules of

the board and shall require his employee, while engaged in cleaning any

window or exterior surface of a public building, to use the equipment

and safety devices required by this chapter and rules of the board of

standards and appeals.

The provisions of this section shall not apply to (1) multiple

dwellings six stories or less in height located anywhere in this state;

nor to (2) any building three stories or less in height in cities, towns

or villages having a population of less than forty thousand; nor to (3)

the windows or exterior surfaces of any building which may be exempted

under any rule adopted by the board of standards and appeals.

The board of standards and appeals may grant variations pursuant to

the provisions of section thirty of this chapter. All existing

variations heretofore made by the board relating to the cleaning of

windows are hereby validated and continued in full force and effect

until amended or terminated by the board.

The board of standards and appeals may make rules to effectuate the

purposes of this section.

Notwithstanding any other law or regulation, local or general, the

provisions of this section and the rules issued thereunder shall be

applicable exclusively throughout the state and the commissioner shall

have exclusive authority to enforce this section and the rules issued

thereunder.