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Bed and Breakfast Not Entitled to Homeowner’s Exemption

The Third Department determined the owner of a bed and breakfast was not entitled to the homeowner’s exemption from the Labor Law:

…[A]lthough “[b]oth Labor Law § 240 (1) and § 241 impose nondelegable duties upon contractors, owners and their agents  to comply  with  certain safety practices for the protection of workers engaged in various construction-related activities . . . [,] the  Legislature has carved  out  an  exemption for the owners of one and two-family dwellings who contract for but do not direct or control the work”….    That exemption, however, “is not available to an owner who uses or intends  to use  [the] dwelling  only  for commercial  purposes”… .  Bagley v Moffett, 515914, 3rd Dept 6-27-13

 

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