ground room is kept at all times in a sanitary condition, and free from stagnant water, or seepage, or other drainage, or any offensive matter dangerous to health, either by sewer connection or otherwise; provided, that this paragraph (e) shall not be held to apply to any such subway, manhole, chamber or underground room, within which it is not intended or required that any human being perform work or labor, or be employed. [Amendment approved May 22, 1917; Stats. 1917, p. 801.] § 2. Penalty for violation. Any violation of any provision of this act shall be deemed a misdemeanor, and shall be punishable upon conviction by a fine not exceeding five hundred dollars, or by imprisonment in a county jail not exceeding six months, or by both such fine and imprisonment. [Amendment approved May 22, 1917; Stats. 1917, p. 802.] § 3. Provisions not retroactive. None of the provisions of subdivisions a, b, c, and d, of section 1 of this act shall be so construed as to be retroactive or apply to works already constructed, and all acts or parts of acts which are in conflict with this act, are hereby repealed. § 4. In effect. This act shall take effect and be in force from and after the date of passage. § 5. Power of railroad commission. The railroad commission of the state of California is hereby vested with authority and power to inspect all work which is included in the provisions of this act, and to make such further additions or changes as said commission may deem necessary for the purpose of safety to employees and the general public, and the said railroad commission is hereby charged with the duty of seeing that all the provisions of this act are properly enforced. [New section added May 22, 1917; Stats. 1917, p. 802.] ACT 2295. TITLE 175. An act to regulate the construction, operation and maintenance of elevators in buildings during course of construction; providing for inspection of the same by the bureau of labor statistics; and providing for a penalty for violation thereof. § 1. [Approved June 7, 1913. Stats. 1913, p. 507.] Amended 1921 (Stats. 1921, p. 450). Words and phrases. § 2. Signals and persons to give them. § 3. Inspection of hoists. § 4. Penalties for violation of statute. § 1. Words and phrases. The words and phrases used in this act shall for the purposes of this act, unless the same be contrary to or inconsistent with the context, be construed as follows: 1. "Elevator" shall mean any means used to hoist persons or material of any kind on a building under course of construction, when operated by any power other than muscular power. 2. "Building" shall include structures of all kinds, regardless of the purposes for which they may be intended to be used, and whether such construction be below or above the level of the ground. § 2. Signals and persons to give them. Every hoist hereafter used in buildings during the course of construction shall have a system of signals for the purpose of signaling the person operating or controlling the machinery which may operate or control the hoist. And it shall be the duty of the person in charge of such building to appoint one or more persons to give such signals, such person to be selected from those most familiar with the work for which said hoist is being used. The signaling devices provided shall be protected against unauthorized or accidental operation. The industrial accident commission shall within six months after this act takes effect, make and enter its general safety order or orders in the manner prescribed by law, and may from time to time thereafter amend such orders in the manner prescribed by law, for the making of general safety orders specifying and fixing the nature and method of signals and signaling devices and uniform signals to be used in this state under the provisions of this act. Until such general safety order or orders are so adopted, such signals and signaling devices shall be governed by safety order number one thousand one hundred fifteen of the general construction safety orders of the industrial accident commission as in effect at the time of the passage of this act. [Amendment approved May 18, 1921; Stats. 1921, p. 450.] § 3. Inspection of hoists. It shall be the duty of the industrial accident commission to inspect all hoists coming within the definition contained in section one of the act herein amended. If any part of the construction or system of signals used on a hoist is defective or may endanger the lives of the men working in immediate vicinity of said hoist, the industrial accident commission shall direct the person in charge thereof to remedy such defect, and such hoist shall not be used again until the order of the commission shall have been complied with. [Amendment approved May 18, 1921; Stats. 1921, p. 451.] Co § 4. Penalties for violation of statute. Any person, firm, partnership or corporation or any agent, superintendent or manager of a corporation who shall violate any of the provisions of this act, shall upon conviction thereof be guilty of a misdemeanor and punished by a fine not less than fifty dollars and not more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days and not more than six months, or by both such fine and imprisonment. ACT 2296. An act to provide for the periodical inspection of elevators operated in places of employment in this state; to require a permit for such operation; to make it a misdemeanor to operate such elevator without such permit; and to provide for an injunction against such operation if dangerous to the life or safety of employees; to vest in the industrial accident commission the power to make such inspections and determine the competency of inspectors and require reports of inspections and to issue such permits and prescribe maximum fees therefor. [Approved April 6, 1917. Stats. 1917, p. 84. In effect July 27, 1917.] Amended 1921 (Stats. 1921, p. 445). § 1. Permit to operate elevator. Injunction to restrain operation without permit. § 2. Exemptions. § 3. Inspection of elevators. Order for repairs. Operation during repairs. § 4. Inspectors. Certificate of competency. § 5. § 6. Fees for inspection. Report of inspections. § 1. Permit to operate elevator. Injunction to restrain operation without permit. No power elevator or hand-power elevator, unless exempted in the following section, shall be operated in any place of employment in this state unless a permit, as hereinafter provided, for the operation thereof, shall have been issued by the industrial accident commission, and unless such permit shall remain in full force and effect, and posted conspicuously in the elevator car. The operation of such elevator by any person owning or having the custody, management or operation of such elevator without such permit shall constitute a misdemeanor, and each day of operation of such elevator without such permit shall constitute a separate offense; provided, that no prosecution shall be maintained where the issuance or renewal of such permit shall have been requested and shall remain unacted upon. Whenever any elevator in any place of employment is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or safety of any employee, the industrial accident commission, a commissioner, or any person affected thereby may apply to the superior court of the county in which such elevator is located for an injunction restraining the operation of such elevator until such condition shall be corrected. Proof by certification of the said commission that such permit has not been issued, together with the affidavit of any safety inspector of the commission that the operation of such elevator is dangerous to the life or safety of any employee, shall be sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order. No bond shall be required from the commission in such proceeding. [Amendment approved May 18, 1921; Stats. 1921, p. 445.] § 2. Exemptions. Elevators under the jurisdiction of the United States government, and all elevators operated by employers not subject to the safety provisions of the workmen's compensation, insurance and safety act of 1917 and acts amendatory thereof, are exempted from the provisions of this act. § 3. Inspection of elevators. Order for repairs. Operation during repairs. The industrial accident commission shall cause all power and hand-power elevators to be inspected not less frequently than once each year. If such elevators shall be found upon such inspection to be in a safe condition for operation, a permit shall be issued by said commission for their operation for not longer than one year, which shall be the permit referred to in section one. If such inspection shall show such elevator to be in an unsafe condition, the commission, or a commissioner, may issue a preliminary order requiring such repairs or alterations to be made to such elevator as may be necessary to render it safe, and may order the use of such elevator discontinued until such repairs or alterations are made or such unsafe conditions are removed. Unless such pre liminary order be complied with, a hearing before the commission, a commissioner or referee of such commission shall be allowed, upon request, at which the owner, operator or other person in charge of such elevator shall have opportunity to appear and show cause why he should not comply with said order. If it shall thereafter appear to the commission that such elevator is unsafe and that the requirements contained in said preliminary order should be complied with, or that other things should be done to make such elevator safe, the commission may order or confirm the withholding of the permit to operate such elevator and may make such requirements as it deems proper for its repair or alteration or for the correction of such unsafe condition. Such order may thereafter be reheard by the commission or reviewed by the courts in the manner specified by the workmen's compensation, insurance and safety act of 1917 or re-enactments thereof, for safety orders, and not otherwise. If the operation of such elevator during the making of repairs or alterations is not immediately dangerous to the safety of employees, the commission may, in its discretion, issue a temporary permit for the operation of such elevator for not to exceed thirty days during the making of such repairs or alterations. Nothing contained in this act shall be construed as a limitation upon the authority of the commission to prescribe or enforce general or special safety orders. [Amendment approved May 18, 1921; Stats. 1921, p. 446.] § 4. Inspectors. Certificate of competency. The commission may, in its discretion, cause the inspection herein provided for to be made either by its safety inspectors or by any qualified elevator inspector employed by an insurance company, or may issue its permit, based upon a certificate of inspection issued by qualified elevator inspectors of any munici pality, upon proof to its satisfaction that the safety requirements of such municipality are equal to the minimum safety requirements for elevators adopted by the commission; provided, that such persons making inspection shall first secure from the commission a certificate of competency to make such inspections. The commission is hereby vested with full power and authority to determine the competency of any applicant for such certificate, either by examination or by other satisfactory proof of qualifications. The commission may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certifi cate of competency issued by it to an elevator inspector, or may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard, revoke any permit to operate any elevator. [Amendment approved May 18, 1921; Stats. 1921, p. 447.] § 5. Fees for inspection. The commission may fix and collect such fees for the inspection of elevators as it may deem necessary; provided, that the charge for each inspection shall not exceed three dollars and fifty cents, and that no charge shall be made in any one year for more than one inspection; provided, however, that where the safety orders of the commission have not been complied with and subsequent inspections are necessary, an additional fee of three dollars and fifty cents may be charged, in the discretion of the commission, for not more than one subsequent inspection annually. Such fees must be paid before the issuance of any permit to operate such elevator. No fee shall be charged by the commission where an inspection has been made by an inspector of an insurance company or municipality if such inspector holds a certificate of competency and an inspection report is filed with the commission within the period prescribed in section six hereof. All fees collected by the commission under this act shall be paid into the accident prevention fund. [Amendment approved May 18, 1921; Stats. 1921, p. 447.] § 6. Report of inspections. Every inspector so certified shall forward to the commission, on the forms provided by it, within twenty-one days after such inspection is made, a report of such inspection, in default of which his certificate of competency may be canceled. ACT 2297. An act to require the furnishing of seats for elevator operators. [Approved May 16, 1921. Stats. 1921, p. 106. In effect July 29, 1921.] § 1. Seats for elevator operators. § 1. Seats for elevator operators. All elevators used for the carriage of passengers shall be provided with a suitable seat for the operator in charge of the same. Failure to comply with this act shall be deemed a misdemeanor and punishable by a fine not exceeding twenty-five dollars for each offense. ACT 2307. TITLE 176. Fees of. [Stats. 1873-74, p. 794.] Superseded by County Government Act, 1897, p. 481, § 105. See ante, Act 1864. TITLE 177. ACT 2317. An act to establish a state board of embalmers, defining the duties thereof, providing for the better protection of life and health, preventing the spread of contagious disease, regulating the practice of embalming in connection with the care and disposition of the dead and providing penalties for the violation thereof. [Approved April 16, 1915. Stats. 1915, p. 80.] Amended 1919 (Stats. 1919, p. 1334). § 1. Board of embalmers created. § 2. Qualifications. Compensation. Seal. Meetings. Publication of notice. Expenses. Register of licentiates. § 5. 6. § 7. § 8. License after January 1, 1916. Fee. |