SEC. 83. Factory inspector may order erection of fire escapes.-Any other plan or style of fire escape shall be sufficient if approved in writing by the factory inspector. If there is no fire escape, or the fire escape in use is not approved by the factory inspector, he may, by a written order served upon the owner, proprietor or lessee of any factory, or the agent or superintendent thereof, or either of them, require one or more fire escapes to be provided therefor, at such locations and of such plan and style as shall be specified in such order.

Within twenty days after the service of such order, the number of fire escapes required therein shall be provided, each of which shall be of the plan and style specified in the order, or of the plan and style described in the preceding section.

SEC. 84. Walls and ceilings. The walls and ceilings of each workroom in a factory shall be lime-washed or painted, when in the opinion of the factory inspector, it will be conducive to the health or cleanliness of the persons working therein.

SEC. 85. Size of rooms.-No more employees shall be required or permitted to work in a room in a factory between the hours of six o'clock in the morning and six o'clock in the evening than will allow to each of such employees, not less than two hundred and fifty cubic feet of air space; and, unless by a written permit of the factory inspector, not less than four hundred cubic feet for each employee, so employed between the hours of six o'clock in the evening and six o'clock in the morning, provided such room is lighted by electricity at all times during such hours, while persons are employed therein.

SEC. 86. Ventilation.-The owner, agent or lessee of a factory shall provide, in each workroom thereof, proper and sufficient means of ventilation; in case of failure the factory inspector shall order such ventilation to be provided. Such owner, agent or lessee shall provide such ventilation within twenty days after the service upon him of such order, and in case of failure, shall forfeit to the people of the State, ten dollars for each day after the expiration of such twenty days, to be recovered by the factory inspector, in his name of office.

SEC. 87. Accidents to be reported. The person in charge of any factory, shall report in writing to the factory inspector all accidents or injuries sustained by any person therein, within forty-eight hours after the time of the accident, stating as fully as possible the extent and cause of the injury, and the place where the injured person has been sent, with such other information relative thereto as may be required by the factory inspector who may investigate the cause of such accident, and require Juch precautions to be taken as will, in his judgment, prevent the recurrence of similar accidents.

SEC. 88. Wash room and water-closets. Every factory shall contain a suitable, convenient and separate water-closet or water-closets for each sex, which shall be properly screened, ventilated and kept clean and free from all obscene writing or marking; and also a suitable and convenient wash room. The water-closets used by women shall have separate approaches. If women or girls are employed, a dressing room shall be provided for them, when required by the factory inspector.

SEC. 89. Time allowed for meals.—In each factory at least sixty minutes shall be allowed for the noonday meal, unless the factory inspector shall permit a shorter time. Such permit must be in writing and conspicuously posted in the main entrance of the factory, and may be revoked at any time. Where employees are required or permitted to work overtime for more than one hour after six o'clock in the evening, they shall be allowed at least twenty minutes to obtain a lunch, before beginning to work overtime.

SEC. 90. Inspection of factory buildings.-The factory inspector, or other competent person designated by him, upon request, shall examine any factory outside of the cities of New York and Brooklyn, to determine whether it is in a safe condition. If it appears to him to be unsafe, he shall immediately notify the owner, agent or lessee thereof, specifying the defects, and require such repairs and improvements to be made as he may deem necessary. If the owner, agent or lessee shall fail to comply with such requirement, he shall forfeit to the people of the State the sum of fifty dollars, to be recovered by the factory inspector in his name of office.

Massachusetts (1894, 481):

Inspection of factories, workshops, etc.

SECTION 1. The district police force shall be divided into two departments, which shall be known respectively as the inspection department and the detective department of said force. The inspection department shall consist of twenty-four male members and two female members, together with the chief of said force; the detective

department shall consist of twelve members, and said chief. The chief of said district police force shall be the head of each of said departments. No member of the inspection department of said district police force shall be called to perform any other duties than those pertaining to the office of inspector of factories and public buildings, unless his services are commanded by the governor as provided by law in suppressing riots and preserving the peace; but the members of said inspection department shall continue to have and exercise all powers now given by law to members of said district police. Vacancies in either of said departments shall be filled by appointment to the department in which the vacancy occurs.

SEC. 2. Such inspectors shall enforce the provisions of this act, except as herein specified, and the various provisions of law relating to the employment of women and minors in manufacturing, mechanical and mercantile establishments, and the employment of children, young persons or women in factories or workshops, and the ventilation of factories or workshops, and the securing of proper sanitary provisions in factories or workshops, and the making of clothing in unsanitary conditions; and for this purpose the said inspectors may enter all buildings used for public or manufacturing purposes, or for factories or workshops, examine the methods of protection from accident, the means of escape from fire, the sanitary provisions and the means of ventilation, and may make investigations as to the employment of children, young persons and women.

SEC. 3. One member of said force shall be detailed to inspect, under the direction of the chief of said force, uninsured stationary steam boilers and their appurtenances, and to inquire into the ability and competency of the engineers in charge thereof and report to said chief.

SEC. 4. The superior court shall have concurrent jurisdiction with the supreme judicial court of all proceedings under this chapter.

SEC. 5. Any person or corporation aggrieved by the order, requirement or direction of an inspector given under this act may, within ten days from the day of the service thereof, apply for an injunction against the enforcement of the same to a justice of the superior court; and thereupon, after such notice as the said justice shall order to all parties interested, a hearing may be had before some justice of said court at such early and convenient time and place as shall be fixed by said order, or the said justice may appoint three experts to examine the matter and hear the parties, which experts shall be disinterested persons and skilled in the subject-matter of the controversy; and the decision of said court, or the majority of said experts in writing, under oath, filed within ten days from the date of such hearing in the clerk's office of said court in the county where the subject of the controversy lies, may either alter the order, requirement or direction of such inspector, annul it in full or affirm the same. A duly certified copy of said decision, so filed as aforesaid, shall have the same authority, force and effect as the original order of the inspector; and said decision shall have the same authority and effect as the original order, requirement or direction. If such decision shall annul or alter the order, requirement or direction of the inspector, the court shall also enjoin the said inspector from enforcing his order, requirement or direction, and in every such case the certificate required by section twenty-seven of this act, shall thereupon be issued by said justice or by his order, or the said experts appointed by said justice.

SEC. 6. The court may award reasonable compensation to experts appointed under the provisions of this act, to be paid by the county where the subject of the controversy lies, providing the appeal is decided against the order of the inspector; and to be paid by the party taking the appeal in case the order of the inspector is sustained. SEC. 7. If the order, requirement or direction of the inspector is affirmed by the court or experts, costs shall be taxed as in civil cases against the party moving for the injunction, such costs to be paid into the treasury of the county where the subject of the controversy lies.

SEC. 8. All manufactures, manufacturing corporations and proprietors of mercantile establishments shall forthwith send to the chief of the district police a written notice of any accident to an employee while at work in any factory, manufacturing or mercantile establishment operated by them, whenever the accident results in the death of said employee or causes bodily injury of such a nature as to prevent the person injured from returning to his work within four days after the occurrence of the accident.

SEC. 9. When notice of any accident is sent to the chief of the district police under the provisions of section eight of this act he shall forthwith return to the sender of such notice a written or printed acknowledgment of the receipt of the same.

SEC. 10. The chief of the district police shall keep a record of all accidents so

reported to him, together with a statement of the name of the person injured, the city or town where the accident occurred and the cause thereof, and shall include an abstract of said record in his annual report.

SEC. 23. The belting, shafting, gearing and drums of all factories, when so placed as to be, in the opinion of the inspectors of factories and public buildings, dangerous to persons employed therein while engaged in their ordinary duties, shall be as far as practicable securely guarded. No machinery other than steam engines in a factory shall be cleaned while running, if objected to in writing by one of said inspectors. All factories shall be well ventilated and kept clean.

SEC. 24. Every building now or hereafter used, in whole or in part, as a public building, public or private institution, schoolhouse, church, theatre, public hall, place of assemblage or place of public resort, and every building in which ten or more persons are employed above the second story in a factory, workshop, or mercantile or other establishment, and every hotel, family hotel, apartment house, boarding house, lodging house or tenement house in which ten or more persons lodge or reside above the second story, and every factory, workshop, mercantile or other establishment the owner, lessee or occupant of which is notified in writing by the inspector hereinafter mentioned that the provisions of this act are deemed by him applicable thereto, shall be provided with proper ways or egress, or other means of escape from fire, sufficient for the use of all persons accommodated, assembling, employed, lodging or residing in such building; and such ways of egress and means of escape shall be kept free from obstruction, in good repair and ready for use. Every room above the second story in any such building, in which ten or more persons are employed, shall be provided, if the said inspector shall so direct in writing, with more than one way of egress by stairways on the inside or outside of the building, placed as near as practicable at opposite ends of the room; stairways on the outside of the building shall have suitable railed landings at each story above the first, and shall connect with each story by doors or windows, and such landings, doors and windows shall be kept clear of ice and snow and other obstructions. Women or children shall not be employed in a factory, workshop, or mercantile or other establishment, in a room above the second story from which there is only one way of egress, if the said inspector shall so direct in writing. All doors and windows in any building subject to the provisions of this section shall open outwardly, if the said inspector shall so direct in writing. *

* *

SEC. 25. No building designed to be used, in whole or in part, as a public building, public or private institution, schoolhouse, church, theatre, public hall, place of assemblage or place of public resort, and no building more than two stories in height designed to be used above the second story, in whole or in part, as a factory, workshop, or mercantile or other establishment, and having accommodations for ten or more employees above said story, and no building more than two stories in height designed to be used above the second story, in whole or in part, as a hotel, family hotel, apartment house, boarding house, lodging house or tenement house and having ten or more rooms above said story, shall hereafter be erected until a copy of the plans of such building has been deposited with the inspector of factories and public buildings for the district in which such building is to be located, by the person causing the erection or construction of such building, or by the architect who has drawn such plans, which plans shall include therein the system or method of ventilation provided for such building, together with a copy of such portion of the specifications of such building as such inspector may require, nor shall any such building be so erected without the provision of sufficient ways of egress and other means of escape from fire, properly located and constructed. The certificate of the inspector above named, endorsed with the approval of the chief of the district police force, shall be conclusive evidence of a compliance with the provisions of this act: Provided, That after the granting of such certificate no change is made in the plans or specifications of such ways of egress and means of escape unless a new certificate is obtained therefor. Such inspector may require that proper fire stops shall be provided in the floors, walls and partitions of such buildings, and may make such further requirements as may be necessary or proper to prevent the spread of fire therein or its communication from any steam boiler or heating apparatus; and no pipe for conveying hot air or steam in such building shall be placed nearer than one inch to any woodwork, unless protected to the satisfaction of such inspector by suitable guards or casings of incombustible material, and no wooden flue or air duct for heating or ventilating purposes shall be placed in any such building.

SEC. 26. Any person erecting or constructing a building, or any architect or other person who shall draw plans or specifications, or superintend the erection or con

struction of a building, in violation of the provisions of this act, shall be punished by a fine of not less than fifty nor more than one thousand dollars, and such erection or construction may be enjoined in a proceeding to be had before the superior or supreme judicial court at the instance of the inspector above named, and upon the filing of a petition for such injunction any justice of the court may issue a temporary injunction or restraining order, as provided in proceedings in equity.

SEC. 27. It shall be the duty of such inspectors of factories and public buildings as may be assigned to such duty by the chief of the district police force to examine, as soon as may be after the passage of this act, and thereafter from time to time, all buildings within his district subject to the provisions of this act. In case any such building conforms, in the judgment of such inspector, to the requirements of this act, he shall issue to the owner, lessee or occupant of such building, or of any portion thereof used as above mentioned in section twenty-four of this act, a certificate to that effect, specifying the number of persons for whom the ways of egress and means of escape from fire are deemed to be sufficient. Such certificate shall be conclusive evidence, as long as it continues in force, of a compliance on the part of the person to whom it is issued with the provisions of this act; but such certificate shall be of no effect in case a greater number of persons than therein specified are accommodated or employed, or assembled, lodge or reside within such building or portion thereof, or in case such building is used for any purposes materially different from those for which it was used at the time of the granting thereof, or in case the internal arrange ments of such building are materially altered, or in case any ways of egress or means of escape from fire existing in such building at the time of such granting are stopped up, rendered unavailable or materially changed; and in no case shall such certificate continue in force for more than five years from its date. Such certificate may be revoked by such inspector at any time upon written notice to the person holding the same, or occupying the premises for which it was granted, and shall be so revoked whenever in his opinion any conditions or circumstances have so changed that the existing ways of egress and means of escape are no longer proper and sufficient. A copy of the said certificate shall be kept posted in a conspicuous place upon every floor of such building by the person occupying the premises covered thereby.

SEC. 28. Upon an application being made to an inspector for the granting of a certificate under this act he shall issue to the person making the same an acknowledgment that such certificate has been applied for, and pending the granting or refusal of such certificate such acknowledgment shall have for a period of ninety days the same effect as such certificate, and such acknowledgment may be renewed by such inspector with the same effect for a further period not exceeding ninety days, and may be further renewed by the chief of the district police force, until such time as such certificate shall be granted or refused.

SEC. 29. In case any change is made in any premises for which a certificate has been issued under this act, whether in the use thereof or otherwise, such as terminates the effect of such certificate, as above provided in section twenty-seven, it shall be the duty of the person making the same to give written notice thereof forthwith to the inspector for the district, or to the chief of the district police.

SEC. 30. In case any building, or portion thereof subject to the provisions of this act is found by an inspector to fail to conform thereto, or in case any change is made in such building or portion thereof, such as terminates the effect of a certificate for merly granted therefor as aforesaid, it shall be the duty of such inspector to give notice in writing to the owner, lessee or occupant of such building specifying and describing what additional ways of egress or means of escape from fire are necessary in the opinion of such inspector, in order to conform to the provisions of this act, and to secure the granting of a certificate as aforesaid. Notice to any agent of such owner, lessee or occupant in charge of the premises shall be sufficient notice under this section to such owner, lessee or occupant.

SEC. 31. In case any building subject to the provisions of this act is owned, leased or occupied, jointly or in severalty, by different persons, any one of such persons shall have the right to apply to any part of the outside of such building, and to sustain from any part of the outside wall thereof, any way of egress or means of escape from fire specified and described by an inspector as above provided, notwithstanding the objection of any other such owner, lessee or occupant; and any such way of egress or means of escape may project over the highway.

SEC. 32. When a license is required by law or municipal ordinance, in order to authorize any premises to be used for any purpose mentioned in section twenty-four, no license for such purpose shall be granted until a certificate for such building or portion thereof shall first have been obtained from an inspector as above provided,

and no such license hereafter issued shall continue in force any longer than such cer tificate remains in force.

SEC. 33. No wooden flue or air duct for heating or ventilating purposes shall hereafter be placed in any building subject to the provisions of section twenty-four of this act, and no pipe for conveying hot air or steam in such building shall be placed or shall remain placed nearer than one inch to any woodwork, unless protected to the satisfaction of the said inspector by suitable guards or casings of incombustible material.

SEC. 34. Every story above the second of a building subject to the provisions of section twenty-four of this act shall be supplied with means of extinguishing fire, consisting either of pails of water or other portable apparatus, or of a hose attached to a suitable water supply and capable of reaching any part of such story; and such means of extinguishing fire shall be kept at all times ready for use and in good condition.

SEC. 35. It shall be the duty of such members of the inspection department of the district police force as may be assigned to such duty by the chief of such force tc enforce the provisions of sections twenty-four to thirty-four inclusive of this act, outside of the city of Boston; and for such purpose such inspectors shall have the right of access to all parts of any building subject to the provisions of said sections. SEC. 36. Cities may by ordinance provide that the provisions of said sections twenty. four to thirty-four inclusive of this act shall apply to any buildings of three or more stories in height within their respective limits.

SEC. 37. It shall be the duty of every person or corporation, being the owner, lessee or occupant of a factory, workshop or manufacturing establishment, or owning or controlling the use of any building or room mentioned in and subject to sections twenty-four to thirty-four inclusive of this act, to cause the provisions thereof to be carried out; and such person or corporation shall be liable to any person injured fo1 all damages caused by a violation of the provisions of this act. No criminal prosecution shall be made for such violation until four weeks after notice in writing by an inspector of factories and public buildings of any changes necessary to be made to comply with and conform to the provisions of said sections twenty-four to thirtyfour inclusive, has been sent by mail or delivered to such person or corporation, nor then, if in the meantime such changes have been made in accordance with such notification. Notice to one member of a firm or to the clerk or treasurer of a corporation or to the person in charge of the premises shall be deemed sufficient notice hereunder to all members of such firm or such corporation owning, leasing or controlling the premises. Such notice may be given to them in person or sent by mail. SEC. 38. Any person using or occupying a building contrary to the provisions of this act may be enjoined from such use or occupation in a proceeding to be had before the superior court or supreme judicial court at the instance of the inspector, and upon the filing of a petition therefor any justice of the court in which such proceeding is pending may issue a temporary injunction or restraining order, as provided in proceedings in equity.

SEC. 39. Sections twenty-four to thirty-eight inclusive of this act shall not apply to the city of Boston.

SEC. 41. The openings of all hoistways, hatchways, elevators and wellholes upor every floor of a factory or mercantile or public building shall be protected by good and sufficient trapdoors, or self-closing hatches and safety catches, or such other safeguards as the inspectors of factories and public buildings direct; and all due dili gence shall be used to keep such trapdoors closed at all times, except when in actual use by the occupant of the building having the use and control of the same.

SEC. 42. All elevator cabs or cars, whether used for freight or passengers, shall be provided with some suitable mechanical device, to be approved by the inspectors of factories and public buildings, whereby the cabs or cars will be securely held in event of accident to the shipper rope or hoisting machinery, or from any similar cause. SEC. 43. If any elevator, whether used for freight or passengers, is, in the judgment of the inspector of factories and public buildings of the district in which such elevator is used, unsafe or dangerous to use, or has not been constructed in the manner required by law, the said inspector shall immediately placard conspicuously upon the entrance to or door of the cab or car of such elevator, a notice of its dangerous condition, and prohibit the use of such elevator until made safe to the satisfaction of said inspector. No person shall remove such notice or operate such elevator while such notice is placarded as aforesaid without authority from said inspector. This section shall not apply to the city of Boston.

SEC. 46 No explosive or inflammable compound shall be used in any factory in such