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3 against the applicant for the injunction as in civil cases and shall be 4 paid into the treasury of the county in which the application for an 5 injunction was made.

SPECIFIC REQUIREMENTS.

of public buildregulated.

1 SECTION 22. No building which is designed to be used, in whole Construction 2 or in part, as a public building, public or private institution, school ings, etc., 3 house, church, theatre, public hall, place of assemblage or place of 18, 316, § 1. 4 public resort, and no building more than two stories in height 1894, 32, § 3; 5 which is designed to be used above the second story, in whole or in 481, § 25. 6 part, as a factory, workshop or mercantile or other establishment

1893, 199, 1.

7 and has accommodations for ten or more employees above said 8 story, and no building more than two stories in height designed to 9 be used above the second story, in whole or in part, as a hotel, 10 family hotel, apartment house, boarding house, lodging house or 11 tenement house, and has ten or more rooms above said story, shall 12 be erected until a copy of the plans thereof has been deposited with 13 the inspector of factories and public buildings for the district in 14 which it is to be erected by the person causing its erection, or by 15 the architect thereof. Such plans shall include the method of 16 ventilation provided therefor and a copy of such portion of the 17 specifications therefor as the inspector may require. Such building 18 shall not be so erected without sufficient egresses and other means 19 of escape from fire, properly located and constructed. The certifi20 cate of the inspector, indorsed with the approval of the chief of the 21 district police, shall be conclusive evidence of a compliance with the 22 provisions of this chapter unless, after it is granted, a change is made 23 in the plans or specifications of such egresses and means of escape 24 without a new certificate therefor. Such inspector may require 25 that proper fire stops shall be provided in the floors, walls and par26 titions of such building, and may make such further requirements 27 as may be necessary or proper to prevent the spread of fire therein 28 or its communication from any steam boiler or heating apparatus.

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air ducts, etc.,

SECTION 23. No wooden flue or air duct for heating or ventilating Wooden flues, 2 purposes shall be placed in any building which is subject to the pro- prohibited. 3 visions of sections twenty-four and twenty-five and no pipe for 1,316, 4 conveying hot air or steam in such building shall be placed or 5 remain within one inch of any woodwork, unless protected to the 1894, 481, §§ 25, 6 satisfaction of said inspector by suitable guards or casings of in7 combustible material.

1888, § 1. 1888, 426, § 8. 1893, 199, § 1.

316, § 2.

1 SECTION 24. Whoever erects or constructs a building, or an Penalty. 2 architect or other person who draws plans or specifications or super- 188, 199, 2 3 intends the erection or construction of a building, in violation of 143,$3 4 the provisions of this chapter, shall be punished by a fine of not less

26.

5 than fifty nor more than one thousand dollars.

1

etc.

1880, 197.

SECTION 25. A building which is used, in whole or in part, as a Fire escapes, 2 public building, public or private institution, school house, church, 177, 214, §§ 4, 5. 3 theatre, public hall, place of assemblage or place of public resort, P. S. 104, §§ 15, 4 and a building in which ten or more persons are employed above the 16, 20, 5 second story in a factory, workshop, mercantile and other estab- 1883, 251, § 2.

1882, 266, §§ 1, 2.

1888, 207.

1888, 426, § 1. 1894, 481, § 24. 1900, 335, § 1. 126 Mass. 81. 161 Mass. 35.

Fire extin
guishers.
1877, 214, § 4.
P. S. 104, § 19.
1888, 426, § 9.
1894, 481, § 34.

lishment, and a hotel, family hotel, apartment house, boarding 6
house, lodging house or tenement house in which ten or more 7
persons lodge or reside above the second story, and a factory, 8
workshop, mercantile or other establishment the owner, lessee or 9
occupant of which is notified in writing by an inspector of factories 10
and public buildings that the provisions of this chapter are deemed 11
by him applicable thereto shall be provided with proper egresses 12
or other means of escape from fire, sufficient for the use of all 13
persons accommodated, assembled, employed, lodged or resident 14
therein; [but no owner, lessee or occupant of such building shall 15
be deemed to have violated this provision unless he has been notified 16
in writing by such inspector what additional egresses or means of 17
escape from fire are necessary and has neglected or refused to supply 18
the same.]
The egresses and means of escape shall be kept un- 19
obstructed, in good repair and ready for use. Stairways on the 20
outside of the building shall have suitable railed landings at each 21
story above the first, accessible at each story from doors or windows, 22
and such landings, doors and windows shall be kept clear of ice, 23
snow and other obstructions. Portable seats shall not be allowed 24
in the aisles or passageways of such buildings during any service or 25
entertainment held therein. If the inspector so directs in writing, 26
women or children shall not be employed in a factory, workshop, 27
mercantile or other establishment, in a room above the second story 28
from which there is only one egress, and all doors and windows in 29
any building which is subject to the provisions of this section shall 30
open outwardly, and every room above the second story in any such 31
building, in which ten or more persons are employed, shall be pro- 32
vided with more than one egress by stairways or by such other 33
way or device, approved in writing by the inspector, as the owner 34
may elect, on the inside or outside of the building, placed as near 35
as practicable at each end of the room. The certificate of the in-36
spector shall be conclusive evidence of a compliance with such 37
requirements.
38

Notice of un-
safe elevators.
1883, 173.
1894, 481, § 43.

SECTION 26. Each story above the second story of a building 1 which is subject to the provisions of the preceding section shall 2 be supplied with means of extinguishing fire, consisting of pails of 3 water or other portable apparatus or of a hose attached to a suitable 4 water supply and capable of reaching any part of such story; and 5 such appliances shall be kept at all times ready for use and in good 6 condition.

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Elevator cabs

to have safety
devices.
1882, 208.

SECTION 27. Elevator cabs or cars which are used for freight 1 or passengers shall be provided with some suitable mechanical 2 1894, 481, § 42. device, approved by the inspectors of factories and public buildings, 3

159 Mass. 216.

designed to securely hold the cab or car in case of an accident to the 4 shipper rope or hoisting machinery, or a similar accident.

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SECTION 28. If an elevator which is used for freight or passen- 1 gers is, in the judgment of the inspector of factories and public 2 buildings, unsafe or dangerous to use or has not been constructed 3 in the manner required by law, said inspector shall immediately 4 post conspicuously upon the entrance to or door of the cab or car 5 of such elevator a notice of its dangerous condition and shall prohibit 6

7 its use until made safe to his satisfaction. No person shall, without 8 authority from said inspector, remove such notice or operate such 9 elevator while the notice is posted as aforesaid. The provisions of 10 this section shall not apply to the city of Boston.

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hotels and

houses.

SECTION 29. The keeper of a hotel, boarding or lodging house Watchmen in 2 or family hotel containing one hundred or more rooms, and being boarding 3 four or more stories high, shall have therein at least two compe- 1883, 251, § 1. 4 tent watchmen, each properly assigned, and each on duty between 14, 223, § 2. 5 the hours of nine o'clock at night and six o'clock in the morning. 6 The keeper of every hotel, boarding or lodging house or family 7 hotel containing fifty or more but less than one hundred rooms, 8 and being three stories high, shall have between said hours at least 9 one competent watchman on duty therein. In all such hotels, lodg10 ing houses or family hotels, the halls and stairways shall be properly 11 lighted at night, and a red light shall be kept during the night at 12 the top and bottom of each flight of stairs; and one or more proper 13 alarms or gongs, capable of being heard throughout the house, shall 14 always remain easy of access and ready for use in each of said build15 ings to give to the inmates warning of fire. The keeper of every 16 such hotel, boarding or lodging house or family hotel shall keep a 17 notice descriptive of such means of escape conspicuously posted in 18 every sleeping room.

section.

1 SECTION 30. The keeper of such hotel, boarding or lodging house Limitation of 2 or family hotel, who adopts a system of electric watch clocks which preceding 3 register at the office the movements of the watchman throughout the 1881, 223. 4 house, or who adopts a system of thermostats or fire alarm bells in 5 the rooms, approved by the inspector of factories and public build

6 ings shall not be required to maintain more than one watchman 7 in addition to the regular night clerk and porters.

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visions it

1883, 251, 3.

SECTION 31. The mayor and aldermen of cities and the select- Further pro2 men of towns, may prescribe additional night watch to be kept and necessary. 3 further provision for the prevention of fires and for the better pro- ii, 223, § 2. 4 tection of life in case of fire to be made by the keepers of hotels, 5 boarding or lodging houses or family hotels within their cities and 6 towns. A license shall not be granted to any keeper of a hotel 7 governed by the provisions of this and the two preceding sections, 8 until the requirements thereof, so far as applicable, have been com9 plied with.

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1883, 251, § 4.

SECTION 32. Whoever neglects or refuses to provide watchmen Penalties. 2 as required by the three preceding sections shall be punished by a 3 fine of not more than one thousand dollars for each offence, and 4 whoever violates any of the other provisions of said sections shall 5 be punished by a fine of not less than fifty nor more than five hun6 dred dollars.

Fire escapes in
hotels, etc.
1890, 307, § 1.
1894, 341.
1894, 481, § 44.

Annual inspection of hotels, etc. 1890, 307, § 2.

SECTION 34. The inspector of buildings of each city and town, if any; otherwise, the chief engineer of the fire department, shall 2 1894, 481, 45. annually, in May, inspect every room of every hotel and lodging 3

house of ten or more rooms above the second story in his city or 4 town and ascertain if the provisions of the preceding section are 5 complied with, and report the condition of the rope or other ap- 6 pliance to the chief of the district police.

7

Construction
of theatres
regulated.
Exits.
1877, 214, § 5.
P. S. 104, § 20.
1894, 382, § 1.

SECTION 33. The owner, lessee, proprietor or manager of a 1 hotel, which is not otherwise suitably provided with fire escapes, or 2 of a lodging house which contains ten or more rooms above the 3 second story, shall place or cause to be placed a knotted rope or 4 better appliance for use as a fire escape in every room of said hotel 5 used as a lodging room, except rooms on the ground floor. One 6 end of such rope shall be securely fastened to a suitable iron hook 7 or eye securely screwed into one of the joists or timbers next ad- 8 joining the frame of a window of said room, at least five feet from 9 the floor, and shall at all times be kept coiled and exposed to the 10 plain view of the occupant of said room. The coil shall be fastened 11 in such manner as to be easily and quickly loosened and uncoiled. 12 Such rope shall contain knots not more than eighteen inches apart, 13 a loop at the end at least three inches in length, shall not be less 14 than one-half inch in diameter and shall be of sufficient length to 15 reach from such window to the ground. Such rope, iron hook or 16 eye and fastenings shall be of sufficient strength to sustain a weight 17 of four hundred pounds, and plain directions for the use of such 18 rope or other appliance shall be printed and posted within six inches 19 of the hook or eye to which the rope is fastened.

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Penalty.
1890, 307, § 3.

SECTION 35. Whoever violates the provisions of the two preced- 1 1894, 481, 58. ing sections shall be punished by a fine of not more than five hun- 2 dred dollars or by imprisonment for not more than six months, or 3 by both such fine and imprisonment.

4

Fire resisting curtain.

1888, 207; 426, 1894, 481, § 24.

1.

1900, 335, § 1.

SECTION 36. The audience hall in a building which is erected 1 or designed to be used in whole or in part as a theatre or in which 2 any change or alteration shall be made for the purpose of using it as 3 a theatre shall not be placed above the second floor of said building. 4 The audience hall and each gallery of every such building shall, respec- 5 tively, have at least two independent exits, as far apart as may be, 6 and if the audience hall is on the second floor, the stairways from 7 said floor to the ground floor shall be enclosed with fireproof walls 8 from the basement floor up, and shall have no connection with the 9 basement or first floor of the building. Every such exit shall have 10 a width of at least twenty inches for every one hundred persons 11 which such hall, or gallery from which it leads, is capable of holding; 12 but two or more exits of the same aggregate width may be sub-13 stituted for either of the two required exits. None of the required 14 exits shall be less than five feet wide.

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SECTION 37. The proscenium or curtain opening of all theatres 1 shall have a fire resisting curtain of an incombustible material, 2 properly constructed and operated by proper mechanism. The 3 certificate of the inspector of factories and public buildings shall be 4 conclusive evidence of a compliance with such requiremnts.

5*

tion with engi

1886, 173, § 1.

59.

1 SECTION 38. In every manufacturing establishment in which the Communica 2 machinery is propelled by steam, communication shall be provided neer's room. 3 between each room in which such machinery is placed and the room 1890, 179 4 in which the engineer is stationed by means of speaking tubes, 4, 481, §§ 51, 5 electric bells or appliances to control the motive power, or such 6 other means as shall be satisfactory to the inspectors of factories and 7 public buildings, if in the opinion of the inspectors such communica8 tion is necessary. Whoever, being the occupant or controlling the 9 use of any such manufacturing establishment, violates the provisions 10 of this section shall forfeit to the commonwealth not less than 11 twenty-five nor more than one hundred dollars.

ment of

1 SECTION 39. No prosecution for a violation of the provisions of Commence2 the preceding section shall be commenced until four weeks after prosecutions. 1886, 173, § 2. 3 notice in writing by an inspector has been sent by mail to such per- 1894, 481, § 52. 4 son, firm or corporation of any changes necessary to be made to 5 comply with the provisions of said section, nor if such changes shall 6 have been made in accordance with such notice.

1

SECTION 40. No outside or inside doors of any building in which 2 operatives are employed shall be so locked, bolted or otherwise 3 fastened during the hours of labor as to prevent free egress. The 4 owner, lessee or occupant of any such building shall, five days after 5 receiving notice in writing from an inspector of factories and public 6 buildings, comply with the provisions of this section.

locked during

Doors not to be hours of labor. 1894, 481, §5 58,

1884, 52, §§ 1, 2.

54.

to be

1877, 214, § 1.

1 SECTION 41. The belting, shafting, gearing and drums of all Belting, etc., in 2 factories, if so placed as, in the opinion of the inspectors of fac- guarded. 3 tories and public buildings, to be dangerous to employees therein P. S. 101, § 13. 4 while engaged in their ordinary duties, shall be as far as practicable 1943. 5 securely guarded. No machinery except steam engines in a factory 6 shall be cleaned while running if objection in writing is made by 7 one of said inspectors. All factories shall be well ventilated and 8 kept clean.

Mass.

1

SECTION 42. The owner of a cotton factory which shall have Traversing, 2 been erected subsequent to the twenty-eighth day of May in the cotton 3 year eighteen hundred and ninety-six who permits the traversing 1896, 343. 4 carriage of a self-acting mule in such factory to travel within twelve

machinery in factories.

5 inches of any pillar, column, pier or fixed structure shall be pun6 ished by a fine of not less than twenty nor more than fifty dollars 7 for each offence.

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SECTION 44. Explosive or inflammable compounds shall not be 2 used in any factory in such place or manner as to obstruct or render 3 hazardous the egress of operatives in case of fire. 1894, 481, § 46.

1

etc., to be pro

1877, § 2.

SECTION 43. The openings of all hoistways, hatchways, elevators Hatchways, 2 and well holes upon every floor of a factory or mercantile or public tected. 3 building shall be protected by sufficient trap doors or self-closing 104, 14. 4 hatches and safety catches, or such other safeguards as the inspectors 1894, 481, § 41. 5 of factories and public buildings direct; and due diligence shall be 14 Mass. 470. 6 used to keep such trap doors closed at all times, except when in

208.

145 Mass. 123.

7 actual use by the occupant of the building who has the use and con8 trol of the same.

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