GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Labor Law § 278: Limitation of number of occupants

Read at publisher ↗
Where this section sits in the code
  1. Labor Law
  2. Article 11. Factories
  3. Title 3. Fire Hazard

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

Browse this collection