CHAPTER 257.-Protection of employees on buildings.

SECTION 1. A person employing or directing another to perform Safe applilabor of any kind in the erection, repairing, altering or painting ances required. of a house, building or structure shall not furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders or other mechanical contrivances, which are unsafe, unsuitable or improper, and which are not so constructed, placed and operated as to give proper protection, to the life and limb of a person so employed or engaged. Scaffolding or staging swung or suspended from an overhead support, more than twenty feet from the ground or floor, shall have a safety rail of wood, properly bolted, secured and braced, rising at least thirty-four inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, and properly attached thereto, and such scaffolding or staging shall be so fastened as to prevent the same from swaying from the building or structure.

SEC. 2. Whenever complaint is made to the factory inspector, Complaints, that the scaffolding, or the part thereof declared to be unsafe. inspection, etc. After (a) ladders, irons, or ropes of any swinging or stationary scaffolding used in the construction, alteration, repairing, painting, cleaning or painting of buildings within the limits of a city are unsafe or liable to prove dangerous to the life or limb of any person, such factory inspector shall immediately cause an inspection to be made of such scaffolding, or the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or other parts connected therewith. If, after examination, such scaffolding or any of such parts is found to be dangerous to life or limb, the factory inspector shall prohibit the use thereof, and require the same to be altered and reconstructed so as to avoid such danger. The factory inspector or deputy factory inspector making the examination shall attach a certificate to the scaffolding, or the slings, hangers, irons, ropes, or other parts thereof, examined by him stating that he has made such examination, and that he has found it safe or unsafe, as the case may be. If he declares it unsafe, he shall at once, in writing, notify the person responsible for its erection of Notice. the fact, and warn him against the use thereof. Such notice may be served personally upon the person responsible for its erection, or by conspicuously affixing it to the scaffolding, or the part thereof declared to be unsafe. After such notice has been so served or affixed, the person responsible therefor shall immediately remove such scaffolding or part thereof and alter or strengthen it in such manner as to render it safe, in the discretion of the officer who has examined it, or of his superiors. The factory inspector and any of his deputies whose duty it is to examine or test any scaffolding or part thereof, required by this section, shall have free access, at all reasonable hours, to any building or premises containing them or where they may be in use. All swinging and stationary scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon, when in use, and not more than four men shall be allowed on any swinging scaffolding at one time.

Flooring to

SEC. 3. All contractors and owners, when constructing buildings in cities, where the plans and specifications require the floors be filled in. to be arched between the beams thereof, or where the floors or filling in between the floors are of fireproof material or brickwork, shall complete the flooring or filling in as the building progresses, to not less than within three tiers of beams below that on which the ironwork is being erected. If the plans and specifications of such building do not require filling in between the beams or floors with brick or fireproof material all contractors

"

a The words "scaffolding, or the part thereof declared to be unsafe. After appear to have been inserted here by mistake. See nineteenth and twentieth lines below.

Hoistways.

Penalty.

for carpenter work, in the course of construction shall lay the under flooring thereof on each story as the building progresses, to not less than within two stories below the one to which such building has been erected. Where double floors are not to be used, such contractor shall keep planked over the floor two stories below the story where the work is being performed. If the floor beams are of iron or steel, the contractors for the iron or steel work of buildings in course of construction or the owners of such buildings, shall thoroughly plank over the entire tier of iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work, and for the raising and lowering of materials to be used in the construction of such building, or such spaces as may be designated by the plans and specifications for stairways and elevator shafts. If elevating machines or hoisting apparatus are used within a building in the course of construction, for the purpose of lifting materials to be used in such construction, the contractors or owners shall cause the shafts or openings in each floor to be inclosed or fenced in on all sides by a barrier at least eight feet in height. If a building in course of construction is five stories or more in height. no lumber or timber needed for such construction shall be hoisted or lifted on the outside of such building. The chief officer, in any city, charged with the enforcement of the building laws of such city and the factory inspector are hereby charged with enforcing the provisions of this section.

SEC. 4. Any owner, contractor, subcontractor, foreman or other person having charge of work on building, if found guilty of viola tion of any of the former sections of this law shall be subject to a fine of not less than twenty-five dollars and not more than one hundred dollars, or imprisonment of not less than three months or not more than one year by any court having jurisdiction.

CHAPTER 349.-Fire escapes on factories, etc.

SECTION 1.

*

Required on every building now or hereafter used, in what buildings. whole or in part, as a * place of public resort more than two stories high and containing above the ground floor workrooms * ** all or any of which rooms are designed for occupancy by twenty-five or more persons, shall be provided with one or more fireproof stairways or ladders on the outside thereof, placed in such position and as many in number as may be designated by the chief of the fire department or fire marshal of the village or city in which the building is located, or by the State factory inspector. If more than one stairway or ladder is required, each side of such building now or hereafter used, in whole or in part as a * * place of public resort shall be Construction. provided herewith [therewith]. Such stairways or ladders shall connect the cornice with the top of the first story of any such building, by a wrought iron platform, balcony, piazza or other safe and convenient resting place on a level with the floor of each story so connected, and of sufficient length to permit access to the same from not less than two windows of each story; they shall be convenient of access from the interior of the building, commodious in size and form and of sufficient strength to be safe for the purpose Standpipes. of ascent and descent. In cities and villages where there is a water supply for fire purposes, there shall be attached to such stairs or ladders a three-inch wrought iron standpipe extending from a point within five feet of the ground to a point three feet above the roof or cornice[.] at each story above the first and on the roof there shall be attached a two and one-half inch angle hose valve with male hose connection, and a double or Siamese "Y" female hose connection at the base of the pipe, with threads to conform to the size and pattern used by the fire department where the building is located.

Elevator

shafts.

SEC. 2. The inside walls or casings of every elevator used for the conveyance of passengers to and from the upper stories of any

such building as is [described] within the preceding section, shall be constructed of fireproof material throughout. SEC. 4. It shall be the duty of the commissioner of labor, factory Enforcement. inspector, assistant factory inspector, chief or marshal of the fire department of every city or village to enforce the provisions of the foregoing sections. Any person who shall fail to comply with the provisions of said sections within ninety days after being notified in writing to do so by either of said officers whose duty it may be to give notice, shall be punished according to law. Said commissioner of labor, factory inspector, assistant factory inspector, chief or marshal upon receiving notice or obtaining knowledge that any person within his jurisdiction has not so complied with said provisions, shall file a written statement to that effect with the proper district attorney, which, being done, he shall prosecute such person.

SEC. 5. The owner, tenant or other person in charge of any build- Penalty. ing within either of the four next preceding sections, who shall fail or neglect, after a written notice has been given him in accordance with the next preceding section, to comply with any of the provisions of said sections, which are applicable to the building owned, leased or in his charge, shall be deemed guilty of a misdemeanor and be punished by a fine not exceeding one thousand dollars or by imprisonment in the county jail not longer than ninety days.

CHAPTER 409.-Factory inspector-Female assistant.

Female in

SECTION 1. The commissioner of labor and industrial statistics shall have power to appoint one assistant factory inspector in ad- spector. dition to those now authorized by law who shall be a woman and who shall perform her duties under his direction and who may be removed by him for cause.

SEC. 2. Said additional assistant factory inspector shall be paid Salary. a salary at the rate of one thousand dollars per annum, together with necessary traveling expenses to be paid out of money in the general fund not otherwise appropriated.

ACTS OF 1903.

CHAPTER 191.-Examination and licensing of barbers.

License re

SECTION 1. It shall be unlawful for any person to follow the occupation of barber in this State unless he shall have first obtained quired. a certificate of registration as provided in this act: Provided, however, That nothing in this act contained shall apply to or af fect any person who is now actually engaged in such occupation, except as hereinafter provided.

Board of examiners.

SEC. 2. A board of examiners, to consist of three (3) persons is hereby created to carry out and enforce the provisions of this act. Said board shall be appointed by the governor and shall consist of practical barbers who have been for at least five (5) years prior to their appointment engaged in the occupation of barbers in this State. Each member of said board shall serve for a term of two (2) years and until his successor is appointed and qualified, except in the case of the first board, whose members shall serve one (1), two (2) and three (3) years respectively, and shall take the oath provided for public officers. Vacancies shall be filled by the governor for the unexpired portion of the term. SEC. 3. Said board shall elect a president, secretary and treas- Organization. urer, shall have a common seal and shall have the power to administer oaths. The office of secretary and treasurer may be filled by the same person, as said board may determine. The secretary and treasurer shall give a bond in the sum of one thousand ($1,000) dollars with sureties approved by the secretary of state, conditioned for the faithful performance of the duties of the office. SEC. 4. Each member of said board shall receive a compensation of three (3) dollars per day and actual expenses for actual serv- tion.

Compensa

Examina

tions.

ice, three (3) cents per mile for each mile actually traveled in attending the meetings of the board, which compensation shall be paid out of any moneys in the hands of the treasurer of said board: Provided, That the said compensation and mileage shall in no event be paid out of the State treasury.

SEC. 5. Said board shall hold practical examinations at least four times in each year, said examinations to be held in cities in different parts of the State, distributed as equally as possible, for the convenience of applicants, and such other examinations at such times and places as they may from time to time determine. Whenever complaint is made that any barber shop is kept in an unsanitary condition, or that contagious diseases have been imparted, a member of the board shall visit and inspect such shop or shops and enforce the provisions of this act. The board shall keep a record of all their proceedings, shall also show whether such applicant was registered or rejected by examination or otherwise, and said book and register shall be prima facie evidence of all matters required to be kept therein.

Registration. SEC. 6. Every person now engaged in the occupation of barbering in this State shall within ninety (90) days after the approval of this act, file with the secretary of said board an affidavit setting forth his name, residence, and length of time during which, and the place where he has practiced such occupation, and shall pay to the treasurer of said board one dollar ($1) and a certificate of registration entitling him to practice said occupation in this State shall be issued to him.

Applicants.

SEC. 7. Any person desiring to obtain a certificate of registration under this act shall make application to said board therefor, pay to the treasurer of said board an examination fee of one dollar ($1), present himself at the next regular meeting of the board for the examination of applicants, and if he show that he has Qualifications. studied the trade for one (1) year as an apprentice under one or more practicing barbers or for at least one (1) year in a properly appointed barber school, under the instructions of a competent barber, or practiced the trade for at least three (3) years in this State or other States, and that he is possessed of the requisite skill in such trade to properly perform all the duties thereof, including his ability in preparation of the tools, shaving, hair cutting and all the duties and services incident thereto, and of suthicient knowledge concerning the common diseases of the face and skin to avoid the aggravations and spreading thereof in the praetice of said trade, his name shall be entered by the board in the register hereafter provided for and a certificate of registration shall be issued to him authorizing him to practice said trade in this State. All persons making application for examination under the provisions of this act shall be allowed to practice the occupation of barbering until the next regular meeting of said board. The word "occupation" as used in this act shall be construed to include any barber who shall have devoted any portion of his time to the business of barbering within the past three (3) years. whether engaged in other business or not.

Apprentices.

Card to be displayed.

Renewal.

SEC. 8. Nothing in this act shall prohibit any person from serv ing as an apprentice in said trade under a barber authorized to practice the same under this act or from serving as a student in any school for the training of such trade under the instructions of a qualified barber.

SEC. 9. Said board shall furnish to each person to whom a certificate of registration is issued, a card or insignia bearing the seal of the board and the signature of its president and secretary, certifying that the holder thereof is entitled to practice the occupation of barber in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair where it may readily be seen by all persons whom he may serve. Said card or insignia shall be renewed on or before the first day of July in each year, and the holder of said certificate of registration shall pay to the treasurer of said board the sum of one (1) dollar for said renewal card or

insignia. Upon failure of any holder of a certificate of registration to apply for a renewal of his card or insignia on or before the first day of July in each year, his said certificate of registration may be revoked by said board, subject to the provisions of section 11 of this act.

SEC. 10. Said board shall keep a register in which shall be entered the names of all persons to whom certificates are issued under this act, and said register shall be at all times open to public inspection.

Register.

Unsanitary

shops.

SEC. 11. If any shop be found in an unsanitary condition, or if the holder of any certificate be charged with imparting any contagious or infectious disease, the board shall immediately notify the local health officer thereof, and such shop may be quarantined and the barber so charged shall not practice his occupation until such quarantine be removed by the health officer. Said board shall have power to revoke any certificate of registration granted by it under this act for conviction of crime, habitual drunkenness for six (6) months immediately before a charge duly made, gross incompetency, or for imparting contagious or infectious diseases: Provided, That before any certificate shall be so revoked the holder Proviso. thereof shall have notice in writing of the charge or charges against him, and shall at a day specified in said notice, at least five (5) days after the service thereof, be given a public hearing and be given an opportunity to present testimony in his behalf and to confront the witness against him. Any person whose certificate has been revoked may after the expiration of ninety (90) days apply to have his certificate regranted, and the same shall be regranted to him upon his giving satisfactory proof that the disqualification has ceased.

SEC. 12. To shave or trim the beard or cut the hair of any person for hire by the person performing such service or any other person, shall be construed as practicing the occupation of barber within the meaning of this act.

SEC. 13. Any person practicing the occupation of barber in this State, without having obtained a certificate of registration, as provided by this act, or willfully employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this act, or violation of [violating] any of the provisions of this act, is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five (25) dollars or more than one hundred (100) dollars or by imprisonment in the county jail not less than ten (10) days or more than ninety (90) days.

CHAPTER 230.—Regulation and inspection of bakeries.

Definition

Violations

Construction

SECTION 1. All buildings occupied for bakeries and confectionery establishments shall be well drained and all plumbing therein of rooms. shall be constructed in accordance with well established sanitary principles and of good workmanship, and the rooms thereof used for the manufacture or sale of bread, and other food products shall be light, dry and airy. The room or rooms used for the manufacture of bread and other food products shall have floors and side walls so constructed as to exclude rats, mice and other vermin and said floor and side walls shall at all times be free from moisture and kept in a good state of repair. Said floor shall have a smooth surface and be impermeable and may be constructed of wood, cement or tile laid in cement. But no floor shall be constructed in a room used for the manufacture of flour or meal products where the floor of said room is more than eight feet below the level of the street, sidewalk or adjacent ground. The walls and ceilings of such rooms used for the manufacture of bread and other flour and meal products shall be whitewashed at least as often as once in six months and the floors, utensils and furniture of such rooms as are used for the manufacture, storing or sale of said food products and the wagons used for the delivery of said food shall at all times be kept in a sanitary clean condition. The