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of failure shall be liable to a fine of ten dollars for each day after the expiration of the time given by such order to make the change.
21. No minor under sixteen years of age shall be required, allowed or permitted to clean any part of the gearing or machinery in any place coming under the provisions of this act, while the same is in motion, or to work between the fixed or traversing parts of any machinery while it is in motion by the action of steam, water or other mechanical power.
22. Every corporation, firm or person having or keeping in his or its place or manufactory coming under the provisions of this act, any explosive or inflammable compound, shall keep or store such explosive or inflammabie compound in such factory, mill, workshop or place in such way as not to obstruct or render hazarılous the egress of employees or operatives in case of fire.
23. Every factory, workshop or mill shall contain sufficient, suitable, convenient and separate water-closets for each sex, which shall be properly screenel, ventilated and kept clean; and also a suitable and convenient washroom; 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 ordered by the commissioner.
24. Factories and workshops in which women and children are employed, and where dusty work is carried on, shall be lime-washell or painted at least once in every twelve months.
25. An abstract of this law shall be prepared and furnished upon request by the commissioner to every corporation, firın or person in this State who is affected thereby, and every manufacturer to whom a copy of such abstract is sent or delivered shall post such abstract of this law and keep it posted in plain view in such place that it can be easily read by the employees or operatives in coming in or going out from said factory, workshop or mill.
26. No person shall interfere with, delay, obstruct or hinder by force or otherwise, the commissioner, the assistant commissioner or inspectors, while in the performance of their duties, or refuse to answer in writing or otherwise, questions asked by such officers relating to the matters coming under the provisions of this act; no person shall impersonate an officer of the department or forge his certiticate of authority.
27. Any person, firm or corporation engaged in manufacturing which requires from persons in his or its employ, under penalty of forfeiture of a part of the wages earned by them, a notice of intention to leave such employ, shall be liable to the payment of a like forfeiture if he or it discharges without similar notice a person in such employ, unless in case of a general suspension of labor in his or its factory, mill or place where the manufacture of goods of any kind is carried on.
28. All accidents that prevent the injured person or persons from returning to work within two weeks, or which result in death, shall be reported in writing to the department, at Trenton, New Jersey, within twenty-four hours after the expiration of four weeks or after the death of such person injured, as the same may be; such notice shall be sent by mail, postage prepaid.
29. Every corporation, firm or person shall within one month after he, they or it shall begin to occupy a factory, workshop, mill or place where the manufacture of goods of any kind is carried on, notify in writing the department, at Trenton, New Jersey, of such occupancy, giving the legal title of such corporation and name of agent upon whom service of a summons can be made, and in case of a firm, the individual names of the members of the firm or the legal title of the concern so occupying such factory or workshop.
30. For the purpose of carrying into effect the provisions of sections eleven, twelve, thirteen, fourteen, fiiteen, sixteen, seventeen, nineteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-six, twenty-seven and twenty-eight, the commissioner shall be and he is hereby authorized to make such orders in writing for the protection and safety of employees and operatives and the enforcement of this act in places coming under the provisions of this act, as in his judgment shall seem neces. sary to carry into effect the provisions of such sections; such order shall be in writing, signed by the commissioner, and shall specify what shall be necessary to be done and within what time; any corporation, firm or person violating any of the provisions of sections eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, nineteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-six, twentyseven and twenty-eight, shall, for each offense, be liable to a penalty of fifty dollars.
31. No room or rooms, apartment or apartments, in any tenement or dwelling house, shall be used for the manufacture of coats, vests, trousers, knee pants, overalls, cloaks, furs, fur trimmings, fur garments, shirts, purses, feathers, artificial flowers or cigars, except by the immediate members of the family living therein; no person, firm or corporation shall hire or employ any person to work in any room or rooms, apartment or apartments, in any tenement or dwelling house, at making, in whole or in part, any coats, vests, trousers, knee pants, overalls, cloaks, furs, artificial flowers or cigars, unless such person, firm or corporation first shall have obtained a written permit from the commissioner; which permit may be revoked by the commissioner at any time that the health of the community or of those employed as aforesaid may, in his judgment, require it, and that such permit shall not be granted until due and satisfactory inspection of the premises affected shall have been made by the said commissioner, assistant, or an inspector; such permit shall be framed and posted in a conspicuous place in the main room of the place to which it relates, shall be duly numbered and shall state the number of persons allowed to be employed therein.
32. Any person, firm or corporation being the owner, lessee or occupant of the place to which the preceding section relates, shall, for the violation of any of the provisions therein, be liable to a penalty of one hundred dollars for each offe.18
33. This act shall not apply to a private house or private room used for manníac turing purposes by the family dwelling therein.
34. Every factory, workshop, mill or place where the manufacture of goods of any kind is carried on, now or hereafter erected, which is three or more stories in height and in which twenty-five or more operatives or employees shall be at work on or above the third floor, shall be provided with outside iron fire escapes as hereinafter provided; the fire escapes shall be located at such places on the said buildings as may be best suited for the purpose intended or as the commissioner may designate in writing, and shall take in one or more windows on each floor above the first floor; fire escapes may project into the public highway to a distance not greater than four feet beyond the building line.
35. The fire escapes shall consist of outside iron balconies, and stairways at each floor above the first connecting said balconies to the ground, except in the case of the fire escape being over a public highway, when a drop ladder shall connect the lowest balcony to the ground in a manner hereinafter specified; the stairways shall be placed at a slope no steeper than a ratio of one horizontal to one and one-quarter vertical; the balcony on the top floor shall be provided with a goose-neck ladder learling from said balcony to and above the roof.
36. Balconies. –The balconies shall not be less than three feet in width, taking in at each story above the ground floor at least one window of each part of building separated by inside walls in which twenty-five or more operatives or employees shall be at work; they shall be below and not more than one foot below the window sills, and extend in front of and not less than nine inches beyond each window; threre shall be a landing not less than twenty-four inches square at the head and foot of each stairway; the stairway opening on each platform shall be of a size sufficient to provide clear headway; the windows or openings upon each balcony shall be of easy access and sufficiently large to permit easy passage through them, and shall be kept unobstructed; where the top of window sill is more than two feet above the floor of building, inside steps shall be provided.
37. Floors of balconies. The floors of balconies shall be of wrought-iron or steel slats not less than one and a half inches by three-eighths of an inch, placed not more than one and one-quarter inches apart and well secured and riveted to iron battens not less than one and a half inches by three-eighths of an inch, not over two feet apart, and which battens shall rest on and be riveted to frame of balcony; said frame to consist of angle-iron not less than two and one-half inches by two and one-half inches by three-sixteenths of an inch thick, and to extend around the four sides of balcony floor, to rest upon brackets and be secured to same by rivets or bolts and to be riveted at corners; the openings for stairways in all balconies shall not be less than twenty-one inches wide and forty-two inches long, and such openings shall have no covers of any kind; the platforms of balconies shall be constructed and erected to safely sustain in all their parts a safe load of not less than eighty pounds per square foot, utilizing a ratio of four to one between the safe working load and the ultimate strength of all parts.
38. Railings. — The outside top rail shall in no case be less than three feet above the floor of balcony, and shall extend around the entire platform and in all (2 shall go through the wall at each end, be worked out to three-quarter inch bolt size, and be properly secured by nuts with washers at least four inches square and threeeighths of an inch thick, and no top rail shall be connected at angles by cast-iron; the top rail of balconies shall be one and three-quarter inches by one-half inch of wrought-iron or one and a half inch angle-iron at least three-sixteenths of an inch thick, or such size and shape as shall be approved by the commissioner; the bottom rails shall in no case be more than eight inches above the floor of balcony and shall be of one and one-half inches by three-eighths of an inch wrought iron, or of one and a half inch angle iron at least three-sixteenths of an inch thick, well leaded or cemented into the wall; the standards or filling-in bars shall not be less than onehalf inch round or square wrought iron, well riveted to the top and bottom rails and to platform frame immediately where adjacent to brackets and shall be placed not more than six inches apart.
39. Stairways.—The stairways shall be constructed and erected to fully sustain in all their parts a safe load of not less than one hundred pounds per step, utilizing a ratio of four to one between the safe working load and the ultimate strength of all parts, with the exception of the tread, which must safely sustain at said ratio a concentrated load of two hundred pounds; the threads shall be not less than seven inches wide and the rise of each step not more than nine inches; the threads shall be flat open threads of cast-iron not less than five-eighths of an inch thick, or of flat bars not over one and one-quarter inches wide or less than three-eighths of an inch thick, with spaces between not more than one inch or less than one-half of an inch; such bars to be riveted to angle irons of not less than one and one-half inches in size, secured to strings, with double rivets or bolts; the stairs shall be not less than twenty inches wide between inside of strings, and there shall remain a clear passage between stairway and wall of building of not less than fourteen inches; the strings shall be not less than three-inch channels of iron or steel, or other shape equally strong, and shall, at both top and bottom, rest upon and be fastened to a bracket, which shall be fastened through the wall as hereinafter provided; the stairs shall have a hand-rail of not less than three-quarters inch round wrought-iron rod or pipe, on each side not less than thirty inches or more than forty-two inches above steps at any point, and same shall be secured and well braced.
40. Brackets.—The brackets shall be placed not more than four feet apart and not be less than three-quarters of an inch by one and one-half inches wrought iron placed edgewise, or one and three-quarter inch angle iron, one-quarter inch thick, to extend across full width of balcony and be well braced at a point not less than two-thirds of the distance from wall to end of bracket, by means of not less than three-quarters of an inch square wrought iron or one and three-quarters inch angle iron; the ends of brackets and braces shall go through the wall and be turned down three inches, or be properly secured by nuts and washers four inches square and at least three-eighths of an inch thick; on new buildings the brackets shall be set as the walls are being built; when brackets are put on factories already erected, the part going through the wall shall not be less than one inch in diameter with screw nuts and washers not less than five inches square and one-half an inch thick.
41. Ladders.-A proper drop ladder to reach to a safe landing place below shall be required from the lower balcony of any fire escape over a public highway in place of a stairway, and when the floor of such balcony is more than sixteen feet above the sidewalk or ground, a suitable landing platform shall be provided; such platform shall be located not more than ten feet above the ground and shall be connected with the balcony above by means of a stairway constructed as this act requires for stairways between balconies; such platform shall not be less than three feet in width and four feet long and provided with proper railings; the drop ladder to ground shall be not less than fifteen inches in width with springs not less than one-half inch by twoinch iron, and rungs not less than five-eighths of an inch in diameter, placed not more than twelve inches apart and securely riveted through the strings; strings to be made of one piece and not connected in parts by rivets or bolts; the upper end of each string to be formed into a hook by which the ladder may be secured to the frame of the balcony when in use; the goose-neck ladder shall be securely fastened to the wall of the building and the strings shall extend at least thirty inches above the roof and return down and be secured to same; there shall be a space of not less than fourteen inches between such ladder and the outer rail of balcony.
42. Painting. All the parts of such fire escapes shall receive not less than two coats of paint, one in the shop and one after erection, and shall be painted thereafter whenever the same may be needed.
43. The commissioner shall have the power to make and have served an order in writing upon any owner or owners of any building coming under the provisions of this act, ordering that a fire escape shall be erected either on a new building or on a building already erected, or ordering that a fire escape already erected shall be changed and altered in such manner as he shall in such order designate; such fire escapes must conform to the provisions of this act; any corporation, firm or person failing or neglecting to obey such oriler within the time therein limited, shall be liable to a penalty of one hundred dollars for such failure, and to a further penalty of ten dollars for each day that shall elapse after the expiration of the time limited
in said order, until a fire escape shall be erected on such building in compliance with the terms of such order: Prorided, That fire towers, when approved by the commissioner, shall be legal protection the same as iron fire escapes as hereinbefore provided.
44. All proceedings brought under the provisions of this act shall be by action of debt, in the name of the commissioner, to be instituted in any district court of a city, recorders' court of cities, or before any justice of the peace having due jurisdiction, and the first process shall be by summons returnable in not less than five nor more than ten days, which process shall be served on the owner or owners, person or persons or any of them, owning the place or operating the business wherein the alleged violation of law has taken place; if such owner or owners, person or persons, reside in the county where the offense was committed, or if the owner or owners, person or persons as aforesaid, do not so reside in the county where the offense was committed, then said process shall be served on the superintendent, foreman or person in charge of the business or place; service upon a corporation shall be made upon the president, vice-president, secretary or any director, and if none of them reside in the county where the offense was committed, then service may be made upon the superintendent, foreman or person in charge of the business or place; in case the owner or owners of a building reside without the limits of the county, then service of the process may be made upon the agent in charge of said building, and if there be no such agent, then service of the process may be made by affixing a copy thereof to the main outer door of such building at least ten days before the return day thereof; all proceedings thereafter shall be the same as in an action of debt in said court; the finding of the court shall be that the defendant has or has not, as the case may be, incurred the penalty claimed in the demand of the plaintiff, and judgment shall be given accordingly; in case an execution shall issue and be returned unsatisfied, the court, on application, after notice to the defendant, may award an execution to take the body of the defendant, if an individual, and in case such a defendant is committed under such an execution, he shall not be dischargeil under the insolvent laws of the State, but shall only be discharged by the court making the order for the body execution, or one of the justices of the supreme court, when such court or justice shall be satisfied that further confinement will not result in the payment of the judgment and costs; all moneys collected under the provisions of this act shall be paid into the treasury of the State of New Jersey.
45. For the purpose of carrying into effect and enforcing the provisions of this act, there shall be and hereby is established a department to be known as the department of labor; the department shall have its main office in Trenton, and shall consist of a commissioner, an assistant commissioner and eleven inspectors; the governor shall, immediately after the passage of this act, with the advice and consent of the senate, appoint some suitable person who shall be a resident and citizen of this state, as head of the said department, at a salary of twenty-five hundred dollars per year, to be paid monthly, whose term of office shall be three years and until his successor is appointed, and whose title shall be commissioner of labor; the commissioner sball, with the approval of the governor, appoint the assistant commissioner, who shall be an experienced machinist; he shall receive a salary of fifteen hundred dollars per year, to be paid monthly; the governor shall appoint eleven suitable persons as inspectors, two of whom shall be women, whose salary shall be one thousand dollars per year each, to be paid monthly; the terms of office of the assistant and the inspectors shall be three years unless sooner removed by the commissioner; the assistant and the inspectors shall each be furnished with certificates of authority by the secretary of state, and they shall produce the same if so required by any mantfacturer; the commissioner shall have the power out of the appropriation made for the purpose of carrying on the work of the department, to purchase badges for the assistant, the inspectors and himself; the commissioner may divide the State into districts, assign inspectors to such districts, and may, in his discretion, transfer them from one district to another; the commissioner, assistant and inspectors may administer oaths and take affidavits in matters relating to the enforcement of this act; the commissioner shall have the right to employ such department clerks for carrying on the work of the department as may, in his judgment, be necessary; such clerks shall receive such salaries as the commissioner, with the approval of the governor, shall fix, to be paid by the treasurer on warrant of the comptroller in equal monthly installments; when the work of the department shall necessitate the employment of additional inspectors, the commissioner shall have the power to employ such inspectors at such compensation and for such length of time as he may deem necessary, and such extra inspectors shall have the same rights, powers and privileges as the inspectrs appointed by the governor; all salaries and expenses incurred by the commis
"ner, assistant and all inspectors, in the discharge of their duties, and all salaries
and expenses necessary to carry out the provisions of this act shall be paid from the funds of the State out of the moneys appropriated for that purpose, by the treasurer upon the warrant of the comptroller, upon presentation of proper vouchers for the same, approved by the commissioner; it shall be the duty of the commissioner to enforce the provisions of this act and to exercise supervision and control over the assistant and the inspectors, and to cause inspections to be made of the factories, mills, workshops and places where the manufacture of goods of any kind is carried on, by the assistant and the inspectors, as often as practicable, and to make a report of the work of the department to the governor of the State on or before the thirty-first day of October in each year; to prosecute violations of the provisions of this act in any district court, recorders' courts of cities and before any justice of the peace having due jurisdiction or in any other court of competent jurisdiction in this State; the commissioner, the assistant commissioner and the inspectors shall have the right at all reasonable hours to enter and inspect factories, mills, workshops and places where the manufacture of goods of any kind is carried on, and each inspector shall make a report in writing of such inspections to the commissioner at least once in each week; inspectors shall make out a list of minors discharged, with the name of child in full, residence, street and number, name of place from which such minor was discharged and date of discharge; he shall send or deliver within twenty-four hours, such list to the principal of the public school in the district where the ininor resides or to the truant officer having such school district in charge; every deputy inspector shall devote at least eight hours of every working day except public holidays, and four hours on Saturdays, to the discharge of his or her duties as such deputy inspector, unless prevented by illness or other disability, and no deputy inspector shall engage in any business, occupation or employment during his or her term of office that will in any way interiere with or prevent the full and faithful performance of such duties.
46. This act shall be a public act and shall take effect on the first day of September, one thousand nine hundred and four. Approved March 24, 1904.
Chapter 195.- Payment of wages-Biweekly pay day. SECTION 1. Amend section three of an act entitled “An act to provide for the payment of wages in lawful money of the United States every two weeks,” approved March sixteenth, one thousand eight hundred and ninety-nine, so that the same shall read as follows:
Sec. 3. The department of labor of this State shall be and hereby is authorized and directed to enforce the provisions of this act and the commissioner of labor shall make complaint against any employer or employers who neglect to comply with the provisions of this act for a period of two weeks after having been notified in writing by said commissioner of labor of the violation of this act; and it is hereby made the duty of county prosecutors of the pleas of the various counties in this State, to appear in behalf of the department of labor in all proceedings brought herein by the commissioner of labor.
Séc. 2. This act shall take effect September first, one thousand nine hundred and four.
Approved March 29, 1904.