Citation Numbers: 133 Misc. 353
Judges: Frankenthaler
Filed Date: 12/10/1928
Status: Precedential
Modified Date: 1/12/2023
Petitioner has obtained an order of certiorari to review the denial by the Board of Standards and Appeals of its application for a variation from the requirements of the Labor Law as cited in two orders of the fire commissioner. Respondents move for a final order dismissing the order and confirming the determination of the board. The cigar stand and lunch counter which the petitioner has been directed to remove are “ on the landings, platforms or passageways connected ” with stairways in petitioner’s factory building and, therefore, violate rule 5 of the Board of Standards and Appeals, adopted July 29, 1924, pursuant to authority conferred by section 718-a, Greater New York charter (added by Laws of 1916, chap. 503). It may be that even while the cigar stand and lunch counter remain, the size of the passageways to the street are at no point smaller than that required by law. Yet the rule appears to have been intended, in part at least, to prohibit all combustible materials from any stairway or the landings or passageways connected with it. The history of the rule, as well as its present title, seem to evince that very purpose. The court can take judicial notice of the fact that cigar stands and lunch counters contain combustible materials. It is not unlikely that in the event they become ignited they may prove to be a serious fire hazard to occupants of the building attempting to reach the street. That petitioner concedes that the stand and counter violate rule 5 is indicated by the fact that it pleaded guilty in the Magistrate’s Court and then petitioned the Board of Standards and Appeals for a variation. . Peti