Imágenes de páginas
PDF
EPUB

emy, schoolhouse, hospital, asylum, hotel, lodging house for the accommodation of transient guests, factory or workshop in which employees are usually working in the third or any higher story thereof, and every building used for office purposes three or more stories in height, shall be provided by the owner or owners thereof either with proper and sufficient, strong and durable, metallic fire escapes upon the external walls, sufficient in number, which fire escapes shall extend from the highest occupied story to the top of the first story of said building, or with proper and sufficient incombustible stairs and stairways at opposite ends of the building, extending from the highest occupied story to the ground; said stairs and stairways shall be connected by open passageways of suitable width; said fire escapes, stairs and stairways to be suitable and sufficient to afford to persons within said building proper egress from said building in case of fire therein, and to be kept in repair by said owner or owners.

Sec. 2. The town councils of the several towns throughout the Inspectors. State, and the mayor's of the several cities, except in the city of Providence, shall annually in the month of January elect an inspector of buildings, who shall be paid such amount for his services as shall be determined by the town or city council electing him.

Sec. 3. It shall be the duty of the inspectors of buildings of Duty of inthe city of Providence and of the other cities and towns, from spectors. time to time as may be necessary, to make a careful and thorough inspection of all buildings in the city or town for which they shall be elected, which in their opinion might, by reason of the height thereof, character or number of stairways, number of persons ordinarily therein or at work therein, nature of use of said buildings, nature of the industries or occupations carried on therein, or for any other reason, be specially dangerous to persons therein in case of conflagration in said buildings.

SEC. 5. Said inspectors of buildings shall have power within Buildings their respective towns and cities, upon the application in writing may be ex

empted. of any owner or owners of any building in said town or city, setting forth specific, just and true reasons why said building should be exempted from the provisions of this chapter, to exempt by written certificate, setting forth the reasons therefor, any building from the provisions of this chapter, whenever in the opinion of said inspector said building, by reason of location, special features of construction, or for any other reason, does not require said fire escapes or said stairs and stairways: Provided, however, That such written application, together with a duly certified copy of such certificate of exemption, shall by said inspector be deposited with the city or town clerk for said city or town, to be kept on file by said city or town clerk: And provided further, That such exemption may at any time be revoked by the inspector of buildings of said city or town upon thirty days' notice in writing to the owner or owners of said building.

SEC. 6. Whenever the inspector of buildings for any city or town Certificate of shall upon inspection be satisfied that any building in said town inspection. or city is provided with fire escapes or with stairs and stairways, in accordance with the provisions of this chapter, he shall upon request of any owner of said building give to such owner a certificate to that effect, and shall deposit a certified copy thereof in the office of the city or town clerk for said city or town, to be kept on file by said city or town clerk. Such certificate, including any unexpired certificate heretofore issued, shall exempt the owners of said building from all civil and criminal liability under this chapter until revoked as hereinafter provided : Prorided, however, That such certificate may be at any time revoked by the inspector of buildings for said town or city, by notice in writing to such owner to whom said certificate may have been issued, and by filing a copy of said notice of revocation with the said city or town clerk, to be by said city or town clerk kept on file: And provided further, That in case said building shall be materially changed or altered in form or use, then such certificate shall be utterly void

and of no effect. It shall be the duty of the several city and town clerks to receive and keep on file the notices and certificates

provided for in this chapter. Owners may Sec. 7. The owner or owners of any building or premises under enter leased lease, and their servants and agents, may enter upon such leased premises.

building or premises for the public welfare, for the purpose of making said building conform with the provisions of this chapter, and may remain thereon during such time as may reasonably be required for the performance of such work as may be necessary to effect said purpose, interfering with the lessee no more than may

be necessary. Damages. SEC. 8. In all cases in which any person shall suffer injury or

in which the death of any person shall ensue in consequence of the failure of the owner or owners of any building to provide the same with fire escapes or stairs and stairways, as required by the provisions of this chapter, or in consequence of the failure of said owner or owners to comply with the written notice and requirement of any inspector of buildings, when made in conformity to the provisions of this chapter, such owner or owners shall be jointly and severally liable, to any person so injured, in an action of trespass on the case for damages for such injury; and in case of death such owner or owners shall be jointly and severally liable in damages for the injury caused by the death of such person, to be recovered by action of trespass on the case, in the same manner and for the benefit of the same persons as is provided in sections fourteen and fifteen of chapter two hundred thirty-three; which action, when the owners are nonresidents, may be commenced by attachment. It shall be no defense to said action that the person injured, or whose death ensued as aforesaid, had knowledge that any such building was not provided with fire escapes or stairs and sta'rways as required by the provisions of this chapter, or that such person continued to work in or to occupy said building with

said knowledge. Penalty. Sec. 9. The owner or owners of any building, or in case such

owners, or any of them, be non compos mentis, or a minor, the guardian of any such owner, or in case such owners, or any of them, be nonresident, the agent of any such owner having charge of such property, who shall neglect or fail to comply with the foregoing provisions of this chapter shall be fined not less than one hundred dollars nor more than five hundred dollars. In case there shall be several owners of any building which shall be continued in violation of said provisions of this chapter, proceedings may be had against any or all of them jointly, or against any one

of them, for the recovery of such fine. Board of ap- SEC. 10. The mayor of each of the cities in the State shall, in the peal.

month of April, in the year eighteen hundred ninety-seven, and in the month of April in each third year thereafter, appoint three competent men, two of whom at least shall be an architect or master mechanic, as a board of appeal from the actions or decisions of the inspector of buildings in such city, as hereinafter provided, to hold their offices for three years, and until others are appointed and qualified in their stead ; and any two members of such board for the time being shall form a quorum for the transaction of its business; and any vacancy, from any cause, may be filled by the mayor at any time, or from time to time, as occasion may require. And in the several towns of the State, the town council shall constitute such board of appeal from the inspector

of buildings of the town. Appeal from SEC. 11. Any person aggrieved by the refusal of the inspector ruling of in- of buildings to give his certificate of exemption under section five, spector.

or his certificate of compliance with the provisions of this chapter under section six, of this chapter, may appeal therefrom to such board of appeal, in the city or town of such inspector, by filing with such inspector, within three days thereafter, written notice of such appeal, and by filing with the city or town clerk, within three days after such notice, his reasons of appeal in writing, specifying the subject-matter of such appeal, and paying to the clerk fifty cents for filing the same.

SEC. 12. Upon the filing of such reasons of appeal, the clerk, Proceedings shall enter the name of the appellant, with a general description

in appeal. of the building and its location referred to therein, in a hook to be by him kept for that purpose; and shall thereupon, pursuant to such general rules as may be adopted by the board of appeal regulating their proceedings, or, in the absence of such rules, by his special order, of which special order he shall immediately give notice to the members of the board, fix a time and place for hearing such appeal, and shall indorse the same in writing upon such reasons of appeal; and the parties thereto and the inspector shall be bound to take notice thereof. And at the time and place so fixed, or at any adjournment thereof, such board of appeal, after hearing such of the parties as see fit to attend, and their allegations and evidence, and after inspecting the premises, shall make their determination in respect thereof in writing, to be filed with such clerk; and such determination shall be final, and the clerk's certificate of such determination shall have the same effect, for all purposes of this chapter, as if given by such inspector at the time of the application to him for the same. And if such appeal shall be from the inspector's refusal to give his certificate of exemption or compliance aforesaid, and such board of appeal shall concur in such refusal, they shall then also determine what they require to be done to entitle the appellant to such certificate; and upon the appellant's compliance with such requirement, such certificate shall be issued to him by such inspector.

SEC. 13. The inspector's neglect to give his certificate, and file a Neglect to copy of the same with the city or town clerk within three days give certifiafter application or request made to him as provided in sections five and six of this chapter, shall be deemed a refusal to give the same for the purposes of such appellate proceedings.

Sec. 14. Said board of appeal shall be paid by the city or town Compensation such compensation for their services as shall be fixed by ordi- of board. nance of the city or town council. . And the appellant in each case who fails to obtain relief upon his appeal shall pay to the city or town such reasonable costs and charges thereof as the board of appeal shall tax or determine against him. Nothing contained in this chapter shall be construed to relieve any person or any corporation from any liability now existing by virtue of the provi. sions of this chapter, during the pendency of any appeal, unless said board of appeal shall reverse the decision of said inspector.

cate.

CHAPTER 108.Inspection of factories, etc.Elevators.

SECTION 15 (as amended by chapter 973). Every elevator used Automatic for conveying persons or goods from one story to another of any

signals. building, the well of which elevator is not so protected as to be inaccessible from without while the elevator is moving, shall have attached to it some suitable appliance which shall give automatically, at all times, on every floor of said building which it approaches, a distinct, audible warning signal that said elevator is in motion,

Sec. 16 (as amended by chapter 973). All hoistway and elevator Hoistways to openings through floors where there is no shaft shall be protected be guarded. by sufficient railings, gates, trapdoors, or other mechanical derices equivalent thereto, and the same shall be kept closed in the night time or when not in use. Every passenger elevator, except plunger elevators, shall be provided with some safety arrangement to prevent falling, and every passenger elevator shall be fitted with some suitable device to prevent the elevator car froin being started until the door or doors opening into the elevator shaft are closed ; and no person under the age of eighteen years shall take Age of oper charge of or operate any passenger elevator. It shall be the duty of every inspector of buildings elected or Inspection.

H. Doc. 733, 58-2- -69

ator.

empowered under the provisions of this chapter to inspect all elevators in every building within his jurisdiction; and it shall be the duty of the factory inspectors appointed or empowered under the provisions of chapter 68 of the General Laws to inspect all elevators in every building within their jurisdiction in any city or town where there is no inspector of building[s]; and it shall be the duty of said inspectors of buildings and said factory inspectors to notify the lessee and owner or some one of the owners of every building in which an elevator shall be used or operated contrary to the provisions of this and the preceding section, of such violation and require the lessee and owner or some one of the owners of said building, within thirty days after the receipt of such notice, to comply with the provisions of said sections, and it shall be the duty of said lessee and owner or owners to comply with

such requirement. Owner may The owner or owners of any building or premises under lease, make altera- and their servants and agents, may enter upon such leased buildtions.

ing or premises for the public welfare, with the purpose of making said building comply with the provisions of this and the preceding section, and may remain thereon during such time as may reasonably be required for the performance of such work as may be necessary to effect said purpose, interfering with the lessee no more

than may be necessary. Negligerce. In all cases in which any person shall suffer injury or in which

the death of any person shall ensue in consequence of the failure of the lessee or owner or owners of any building to comply with the provisions of this and the preceding section, or in consequence of the failure of said lessee or owner or owners to comply with the written notice and requirement of any inspector of buildings or factory inspector, when made in conformity to the provisions of

this and the preceding section, such lessee and owner or owners Damages. shall be jointly and severally liable to any person so injured in an

action of trespass on the case for damages for such injury; and in case of death such lessee and owner or owners shall be jointly and severally liable in damages for the injury caused by the death of such person, to be recovered by action of trespass on the case, in the same manner and for the benefit of the same persons as is provided in sections fourteen and fifteen of chapter two hundred and thirty-three; which action, when the lessee and the owner are nonresidents, may be commenced by attachment. It shall be no defense to said action that the person injured, or whose death ensues as aforesaid, had knowledge that any elevator was being operated in said building contrary to the provisions of this and the preceding section, or that such person continued to ride in said

elevator with said knowledge. Penalty. The lessee or owner or owners of any building, or in case such

lessee or owner, or any of them, be non compos mentis or a minor, the guardian of any such lessee or owner, or in case such lessee or owner, or any of them, be a nonresident, the agent of any such lessee or owner having charge of such property, who shall neglect or fail to comply with the provisions of this and the preceding section shall be fined not less than five dollars nor more than ten dollars for each day that an elevator shall be used or operated in said building contrary to the provisions of this and the preceding section. In case there shall be several such lessees or owners or agents in charge of any building in which an elevator shall be used or operated contrary to the provisions of this and the preceding section, proceedings may be had against any or all of them jointly, or against any one of them, for the recovery of such fine.

CHAPTER 115.—Employment of children-Certain employments

forbidden.

Acrobatic, SECTION 4 (as amended by chapter 475). Every person having mendicant,etc., the custody or control of any child under the age of sixteen years occupations.

who shall exhibit, use or employ, or shall in any manner or under any pretense sell, apprentice or give away, let out or otherwise dispose of any such child to any person for or in the vocation, occupation, service or purpose of rope or wire walking, or as a gymnast, wrestler, contortionist, equestrian performer, acrobat, or rider upon any bicycle or mechanical contrivance, or in any dancing, theatrical or musical exhibition unless it be in connection with churches, schools, or private instruction in dancing or music or unless it be under the auspices of a Rhode island society incorporated, or organized without incorporation, for a purpose authorized by section 11 of chapter 176 of the General Laws [religious, charitable, literary, social, musical, etc., purposes), or unless it be with the written consent, previously obtained and revocable at will, of the mayor of the city or the president of the town council where such child is to be employed; or for or in gathering or picking rags, or collecting cigar stumps, bones, or refuse from markets, or in begging, or in any mendicant or wandering occupation, or in peddling in places injurious to the morals of such child;

or in any illegal, obscene, indecent, or immoral purpose, exhibition or practice whatsoever; or for or in any business, exhibition or vocation injurious to the health or morals, or dangerous to the life or limb of such child, or who shall cause, procure or encourage any such child to engage therein, or who after being notified by an officer mentioned in section 6 of this chapter to restrain such child from engaging therein, shall neglect or refuse to do so, shall be held guilty of a misdemeanor and shall, for every such offense, be imprisoned not exceeding one year or be fined not exceeding two hundred [and] fifty dollars, or be both fined and imprisoned as aforesaid, and shall forfeit any right which he may have to the custody of such child.

Sec. 5 (as amended by chapter 475). Every person who shall Hiring for take, receive, hire or employ, exhibit, or have in custody, or who prohibited pur

poses. shall cause to be taken, hired or employed, exhibited, or held in custody, any child under the age of sixteen years, for any of the purposes prohibited in the preceding section, shall be held guilty of a misdemeanor, and shall be punished for every such offense in the manner provided in said section.

SEC. 6 (as amended by chapter 475). The town sergeant of any Enforcement. town, the chief of police of any city, or the general agent or agents of the Rhode Island Society for the Prevention of Cruelty to Children may enter any place where any child may be held, detained or employed in violation of this chapter, and without process of law, seize and detain such child and hold him as a witness to testify upon the trial of any person charged with violating the provisions of this chapter ;

CHAPTER 177.Payment of wages. SECTION 25. Every corporation, other than religious, literary or Weekly pay charitable corporations, and every incorporated city, but not in- day. cluding towns, shall pay weekly to the employees engaged in its business the wages earned by them to within nine days of the date of such payment, unless prevented by inevitable casualty : Provided, however, That if at any time of payment any employee shall be absent from his place of labor, he shall be entitled to said payment at any time thereafter on demand.

SEC. 26. Any corporation violating any of the provisions of the Penalty. preceding section shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, one-half thereof to the use of the complainant and the other half to the use of the State: Provided, Complaint for such violation is made within thirty days from the date thereof.

This law is constitutional and is to be construed as amending charters previously granted to manufacturing corporations. 18 R. I. 16.

*

CHAPTER 187.--Safety appliances on railroads, etc. SECTION 22. Every railroad corporation whose cars are propelled Power brakes. by steam shall cause a power brake to be attached to every passenger car used for the conveyance of passengers, which brake shall

« AnteriorContinuar »