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Certificate to precede license. 1888, 426, § 7. 1894, 481, § 32.
Liability of occupants of
factories to cause law to be observed.
SECTION 45. If a building which is subject to the provisions of 1 this chapter is owned, leased or occupied, jointly or in severalty, any 2 owner, lessee or occupant may affix to any part of the outside wall 3 of such building any means of egress or of escape from fire specified 4 and described by an inspector as above provided, notwithstanding 5 the objection of any other such owner, lessee or occupant; and 6 such means of egress or of escape may project over the highway.
SECTION 47. The owner, lessee or occupant of a theatre, factory, 1 workshop or manufacturing establishment, or whoever owns any 2 building or room mentioned in and subject to the provisions of 3 sections fifteen, seventeen, twenty-two, twenty-three, twenty-five, 4
1877, 214, § 8. 1881, 137, § 2. 1881, 195.
P. S. 101, § 22. twenty-six, thirty-six and thirty-seven, or controls the use thereof, 5
1882, 266, § 3. 1888, 426, § 12.
Enforcement. 1899, 326.
SECTION 46. A license which is required by law, ordinance or 1 by-law to authorize any premises to be used for any purpose speci- 2 fied in section twenty-five shall not be granted until a certificate 3 for such building or portion thereof shall first have been obtained 4 from an inspector as above provided, and, when issued, shall not 5 continue in force after the expiration of such certificate.
1894, 382, § 2. 1894, 481, § 37.
shall cause the provisions thereof to be observed, and such person 6 or corporation shall be liable to any person injured for all damages 7 143 Mass. 470. caused by a violation of the provisions of this chapter. No criminal 8
149 Mass. 294.
161 Mass. 35.
prosecution shall be commenced for such violation until four weeks 9 after notice in writing to such person or corporation has been given 10 by an inspector of factories and public buildings of any changes 11 necessary to be made to conform to the provisions of said sections, 12 nor if such changes shall have been made in accordance with such 13 notice. Notice to one member of a firm or to the clerk or treasurer 14 of a corporation or to the person in charge of the premises shall be 15 sufficient notice hereunder to all members of such firm or to such 16 corporation owning, leasing or controlling the premises. Such 17 notice may be served personally or sent by mail. 18
Injunction to restrain use. 1888, 316, § 2. 1888, 426, § 12. 1893, 199, § 2. 1894, 382, 2.
SECTION 48. The supreme judicial court or the superior court 1 shall have jurisdiction in equity, upon the petition of an inspector, 2 temporarily or permanently to restrain the erection, construction, 3 1894, 481, §§ 26, use or occupation of a building in violation of the provisions of this 4
SECTION 49. The supreme judicial court or the superior court 1 shall have jurisdiction in equity to restrain the illegal placing, 2 maintenance or use of any building, structure or other thing. It 3 may, upon the petition of a city or town, by its attorney, for such 4 relief, require the removal of any such building, structure or other 5 thing by the owner, and may authorize the city or town, in default 6 of such removal by the owner, to remove it at his expense. The 7 provisions of this section shall apply to such buildings, structures 8 or other thing so placed which were maintained or used prior to, 9 as well as after, the second day of May in the year eighteen hun- 10 dred and ninety-nine. Upon such petition, the defendant shall be 11 presumed to have acted without a license or authority until he 12 proves the contrary. 13
tions not to
SECTION 50. Sections fifteen to eighteen, inclusive, twenty-two Certain sec2 to twenty-six, inclusive, thirty, thirty-one, thirty-six, thirty-seven, apply to 3 forty-five to forty-eight, inclusive, and fifty-one shall not apply to 4 the city of Boston.
1877, 214, § 9.
1882, 266, § 4.
1892, 419, § 138.
1894, 382, § 1; 481, § 39.
tions may ap
1 SECTION 51. Cities may by ordinance provide that the provi- Certain sec. 2 sions of sections fifteen to eighteen, inclusive, twenty-two to ply to certain buildings in 3 twenty-six, inclusive, thirty-six, thirty-seven, forty-five and forty- cities. 266, § 4 six shall apply to any building of three or more stories in height 1888, 426, 11. 5 within their respective limits.
1894, 481, § 36.
SECTION 52. Whoever, being the owner, lessee or occupant of 2 any building or room described in section twenty-two violates the 3 provisions of sections fifteen to eighteen, inclusive, twenty-two to 4 twenty-six, inclusive, thirty-six, thirty-seven, forty-five and forty5 six, shall be punished by a fine of not less than fifty nor more than one thousand dollars.
1 SECTION 53. Whoever violates any provision of this chapter General 2 for which no other penalty is specifically prescribed shall be pun- 1894, 481, § 62. 3 ished by a fine of not more than one hundred dollars.
NOTE. - Sect. 25. The words in brackets have been added to conform to the decision in Perry v. Bangs, 161 Mass. 35.
1882, 266, § 3.
1888, 426, § 12.
1894, 481, § 60.
OF THE INSPECTION OF STEAM BOILERS.
SECTION 1. The chief of the district police shall detail ten mem- Inspectors of 2 bers of the inspection department of the district police, who, under 1893, 387. 3 his direction, shall inspect stationary steam boilers and their appur- 1895, 418. 4 tenances, shall act as examiners of engineers and firemen and shall 16,546, § 4. 5 report to said chief.
1894, 481, § 3.
1895, 418, § 1.
SECTION 2. Whoever owns or uses or causes to be used a steam Location of 2 boiler, except boilers upon locomotives, in private residences, under to be reported. 3 the jurisdiction of the United States or under the periodically guar4 anteed inspection of companies which have complied with the laws 5 of this commonwealth, boilers used exclusively for agricultural, hor6 ticultural and creamery purposes or boilers of less than three horse 7 power, shall annually report to the chief of the district police the 8 location of such steam boiler.
SECTION 3. Each boiler designated in the preceding section and Inspection of 2 not therein excepted shall be inspected by the inspector of boilers 1895, 418, § 2. 3 for the district in which said boiler is located, and if he so orders 1898, 167. 4 the owner or user shall have the boiler blown off dry and the man5 hole and the hand hole covers thereon removed, ready for inspection, 6 upon the day designated by the inspector, who shall give the owner 7 or user of said boiler fourteen days' notice in writing of the day 8 upon which he will make such internal inspection, which shall not 9 be required oftener than twice a year.
Certificate of inspection.
SECTION 4. If, upon examination, said inspector finds the boiler 1 1895, 418, §§ 3, 5. to be worthy and in safe working order, with the fittings necessary 2
to safety, and properly set up, he shall grant to the owner or user 3 thereof a certificate of inspection, and thereupon said owner or user 4 may use the boiler mentioned in the certificate. If the inspector 5 finds that the boiler is not in safe condition, or is not provided with 6 fittings necessary to safety or with fittings not properly arranged, 7 he shall withhold his certificate until the boiler and fittings are put 8 into a condition satisfactory to him; and the owner or user shall not 9 operate such steam boiler or cause it to be operated until such cer- 10 tificate has been granted. The owner or user of such boiler shall 11 pay to the inspector at each inspection two dollars for each boiler 12 inspected. The supreme judicial court or the superior court, upon 13 the application of the inspector of boilers approved by the chief of 14 the district police, shall have jurisdiction in equity to restrain the 15 owner or user of such boiler from operating it without such cer- 16 tificate. 17
Inspector may fix maximum pressure.
1895, 418, § 4.
Penalty. 1895, 418, § 7.
P. S. 102, $20,
SECTION 5. If the inspector finds that the owner or user of a 1 steam boiler is putting too much pressure upon it, he may fix the 2 maximum pressure to be carried by it and shall prescribe a device 3 to prevent it from carrying more than the maximum pressure des- 4 ignated, which shall be approved by the chief of the district police 5 and which the owner or user shall place or cause to be placed upon 6 said boiler. No person shall in any manner tamper with such 7 device, or load the safety valve to a greater pressure than that 8 allowed by the inspector.
SECTION 6. Whoever violates the provisions of the preceding 1 sections of this chapter shall be punished by a fine of not more than 2 five hundred dollars or by imprisonment for not more than six 3 months, or by both such fine and imprisonment.
SECTION 7. The mayor and aldermen of any city except Bos- 1 ton or the selectmen of a town, or any person by them authorized, 2 may, after notice to the parties interested, examine any steam engine 3 or steam boiler therein, whether fixed or portable; and for that pur- 4 1892, 419, 138 pose may enter any house, shop or building; and if upon such 5
G. S. 88, § 41.
1895, 449, § 10.
examination it appears probable that the use of such engine or 6 boiler is unsafe, they may issue a temporary order to suspend such 7 use; and if, after giving the parties interested, so far as known, an 8 opportunity to be heard, they adjudge such engine or boiler to be 9 unsafe or defective or unfit to be used, they may pass a permanent 10 order prohibiting the use thereof until it is rendered safe. If, after 11 notice to the owner or person having charge thereof, such engine or 12 boiler is used contrary to either of such orders, it shall be deemed 13 a common nuisance, without any other proof thereof than its use. 14
SECTION 8. The mayor and aldermen and selectmen may abate 1 and remove a steam engine or steam boiler which has been erected 2 or used contrary to the provisions of the preceding section in the 3 same manner as boards of health may remove nuisances under the 4 provisions of sections sixty-six, sixty-seven and sixty-eight of 5 chapter seventy-five.
1850, 277, § 1.
1 SECTION 9. No person shall manufacture, set up or use a steam Safety plugs 2 boiler or cause it to be used unless it is provided with a fusible boilers. 3 safety plug, made of lead or some other equally fusible material G. S., § 43. 4 and of a diameter of not less than one-half an inch, placed in the P. S. 102, § 51. 5 roof of the fire box, if a fire box is used, and in all cases, in a part
6 of the boiler fully exposed to the action of the fire, and as near the 7 top of the water line as any part of the fire surface of the boiler.
1 SECTION 10. Whoever, without just and proper cause, removes Penalty for re2 the safety plug from a boiler or substitutes therefor any material plugs. 1850, 277, 2. 3 more capable of resisting the action of the fire than the plug so G. S. 88, § 44. 4 removed shall be punished by a fine of not more than one thousand P. S. 102, § 52. 5 dollars.
1 SECTION 11.
Whoever manufactures, sets up or knowingly uses
2 or causes to be used for six consecutive days a steam boiler un3 provided with a safety fusible plug as described in section nine shall 4 be punished by a fine of not more than one thousand dollars.
NOTES. Sect. 9. The words "and for this purpose Ashcroft's protected safety fusible plug may be used" which was originally incorporated in the St. 1850, c. 277 have been stricken out, upon information that the device is not now used.
1 SECTION 12. The provisions of the five preceding sections shall Application of 2 not apply to a boiler for which a certificate of inspection issued sections." 3 under the provisions of sections four and five is in force.
Sect. 12. St. 1895, c. 418 regulates the inspection of certain classes of steam boilers by the district police and § 3 of that act provides that "upon receipt of " the certificate of the inspector the "owner or user shall be permitted to use the boiler or boilers mentioned in the certificate." This repeals the provision giving the mayor and aldermen authority to declare such boiler a common nuisance. To avoid the conflict this section has been inserted.
for making boilers without
safety plugs. 1852, 247.
1850, 277, § 3.
G. S. 88, § 45.
STATE BOARD OF ARBITRATION.
1 SECTION 1. There shall be a state board of arbitration and con- state board of 2 ciliation consisting of three persons, one of whom shall annually, and concilia3 in June, be appointed by the governor, with the advice and consent tion. 4 of the council, for a term of three years from the first day of July 2, 5, 8. 5 following. One member of said board shall be an employer or 1888, 261. 6 shall be selected from an association representing employers of
1886, 263, §§ 1, 1887, 269, §§ 1, 5.
Duty of board. 1887, 269, §§ 4, 5.
Settlement of controversies between employers and employees, 1886, 263, §§ 3, 5, 6. 1887, 269, § 2.
labor, one shall be selected from a labor organization and shall not 7 be an employer of labor, and the third shall be appointed upon the 8 recommendation of the other two, or if the two appointed members 9 do not, at least thirty days prior to the expiration of a term, or 10 within thirty days after the happening of a vacancy, agree upon the 11 third member, he shall then be appointed by the governor. Each 12 member shall, before entering upon the duties of his office, be 13 sworn to the faithful performance thereof, and shall receive a salary 14 at the rate of two thousand dollars a year and his necessary trav- 15 elling and other expenses, which shall be paid by the common- 16 wealth. The board shall choose from its members a chairman and 17 a secretary, and may appoint and remove a clerk of the board and 18 may allow him a salary of not more than twelve hundred dollars a 19 The board shall from time to time establish such rules of 20 procedure as shall be approved by the governor and council, and 21 shall annually, on or before the first day of February, make a report 22 to the general court.
SECTION 2. If it appears to the mayor of a city or to the select- 1 men of a town that a strike or lock-out described in this section is 2 seriously threatened or actually occurs, he or they shall at once 3 notify the state board. If, when the state board is informed by 4 notice from the mayor of a city or the selectmen of a town that a 5 strike or lock-out, which involves an employer and his present or 6 former employees, is seriously threatened or has actually occurred, 7 such employer, at that time, is employing, or upon the occurrence 8 of the strike or lock-out, was employing, not less than twenty-five 9 persons in the same general line of business in any city or town in 10 the commonwealth, the state board shall, as soon as may be, com- 11 municate with such employer and employees and endeavor by medi- 12 ation to obtain an amicable settlement or endeavor to persuade 13 them, if a strike or lock-out has not actually occurred or is not 14 then continuing, to submit the controversy to a local board of arbi- 15 tration and conciliation or to the state board. Said state board 16 may, if it considers it advisable, investigate the cause of such con- 17 troversy and ascertain which party thereto is mainly responsible or 18 blameworthy for the existence or continuance of the same, and may 19 make and publish a report finding such cause and assigning such re- 20 sponsibility or blame. The board shall have the same powers for 21 the foregoing purposes as are given to it by the provisions of the 22 following section.
SECTION 3. If a controversy which does not involve questions 1 which may be the subject of an action at law or suit in equity exists 2 between an employer, whether an individual, a partnership or cor- 3 poration employing not less than twenty-five persons in the same 4 general line of business, and his employees, the board shall, upon 5 application as hereinafter provided, and as soon as practicable, visit 6 the place where the controversy exists and make careful inquiry into 7 its cause, hear all persons interested therein who come before it, 8 advise the respective parties what ought to be done or submitted 9 to by either or both to adjust said controversy, and make a written 10 decision thereof which shall at once be made public, shall be open 11 to public inspection and shall be recorded by the secretary of said 12