4516, 4517, 4518, 4519, or 4521, or for obstructing or hindering the Penalty. SEC. 4523. The orders and notices given by the inspector under this Notices. SEC. 4524. Any person, firm, or corporation aggrieved by any order Appeals. of the factory inspector may appeal to the superior court in the county where the person, firm or corporation owns, leases, or occupies the factory or building to which said order relates, within four weeks after notice of such order shall be given. Said appeal shall operate as a supersedeas, shall be made in writing, and shall contain a brief statement of the facts and reasons of appeal and a citation to the inspector to appear before said court, and said court or a judge thereof may direct the time of appearance and the manner of service. Said court may review the doings of the factory inspector, confirm, change, or set them aside, and make such orders in the premises, including orders as to costs, as it may find to be proper and equitable. SEC. 4527. The inspector shall, as often as practicable, examine all Sweat shops. buildings, apartments, rooms, and places in any tenement or dwelling house used for residential purposes and used in whole or in part by others than the immediate members of the family therein, for the manufacture of artificial flowers, purses, cigars, cigarettes, or any articles of wearing apparel intended for sale. SEC. 4528. The persons engaged in the manufacture of such goods in Notice of use. such premises, within thirty days after beginning such manufacture, shall notify said inspector of the location of said workrooms, the nature of the work there carried on, and the number of persons therein employed. SEC. 4529. The person operating said workrooms shall keep the Sanitation, etc. same at all times in a clean and sanitary condition, properly lighted, ventilated, and fit for the occupancy of the persons engaged in work therein. The inspector or any of his special agents shall notify the owner of such premises, and the person using the same for the purposes set forth in section 4527 to provide ample means for lighting or ventilating such workrooms, and to put the same in a clean, sanitary, and fit condition for occupancy for said work; and if said notification be not complied with in thirty days after the service of such notice, said inspector or any of his special agents shall cause complaint to be made to the proper prosecuting authority. SEC. 4530. Every person, firm, or corporation owning, using, or Violations. Occupying any workroom for the purposes specified in section 4527 shall, for the violation of any provision of sections 4528 or 4529, be fined not more than five hundred dollars. Inspector. Inspection of steam boilers. SECTION 4890. The governor shall appoint, in each congressional district, a suitable person to inspect steam boilers used for manufacturing, heating, and mechanical purposes, who shall hold office for three years. Said inspector shall, as often as once in each year, carefully inspect every such boiler in his district, and, if he finds such boiler to be in good order, and free from weakness and material defects, he shall give a certificate of inspection to the person using the same; but Inspection by any company incorporated by any State of the United States, for company's the purpose of making inspection of steam boilers, and that maintains inspectors. a corps of steam boiler inspectors, and has complied with the insurance laws of this State, may issue certificates of inspection in lieu of those issued by the inspectors appointed by the governor: Provided, A policy of insurance is issued covering loss or damage to person or property arising from the explosion of the boiler or boilers so inspected; and the boilers on which such certificates have been issued shall be exempt from inspection by the steam boiler inspectors of the State. Inspector. Elevators, etc., to be inspected. SEC. 4891. If said inspector finds any boiler out of order, materially weak, or defective, he shall advise its owner, lessee, or user as to its necessary repairs, and if such repairs are not made, he may call in the inspector from an adjoining district, and if they agree that such boiler is not in proper condition, they shall give written notice to its owner, lessee, or user not to use it until such repairs are made as said inspectors shall specify, or if they are of the opinion that it is utterly worthless, or that its use will endanger the public safety, they shall forbid its use. SEC. 4892. The provisions of sections 4890 and 4891 shall not apply to any city or town having a system of boiler inspection, unless accepted and adopted by it. SEC. 4894. Every person who shall neglect or refuse to have any steam boiler used by him inspected, or shall suffer it to carry a greater pressure of steam than is allowed by the certificate of the inspector, shall be fined not more than two hundred dollars. SEC. 4895. Every person who shall use any steam boiler after its use is forbidden by the inspectors shall be fined not more than one thousand dollars, or imprisoned not more than six months, or both. SEC. 4896. Every inspector who shall willfully and knowingly falsely certify to the condition of any boiler inspected by him, or who shall issue a certificate without having made a careful inspection, as provided in section 4890, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. SEC. 4897. The provisions of this chapter shall not apply to the boilers of locomotive engines or to boilers used exclusively for heating private residences. ACTS OF 1903. CHAPTER 97.-Inspector of factories, etc. SECTION 1. The governor shall, with the consent of the senate, on or before the fifteenth day of May, A. D. 1903, and before the first day of May quadrennially thereafter, appoint a factory inspector, who shall hold office for four years and until his successor is appointed and qualified. The governor may remove the inspector for cause. Said factory inspector shall receive an annual salary of twenty-five hundred dollars and necessary expenses. SEC. 2. The inspector shall examine all elevators, whether in factories, mercantile establishments, storehouses, workhouses, dwellings, or other buildings, and may order hoistways, hatchways, elevator wells, and well holes to be protected by trapdoors, self-closing hatches, safety catches, or other safeguards as will insure the safety of all persons therein. Due diligence shall be used to keep such trapdoors closed at all times, except when in actual use by an occupant of the building having the use and control of the same. All elevator cabs or cars, whether used for freight or passengers, shall be provided with some suitable mechanical device, if considered necessary by said inspector, whereby the cab or car will be securely held in the event of accident to the shipper rope or hoisting machinery, or from any similar cause, and said mechanical device shall at all times be kept in good working order. SEC. 3 (as amended by chapter 241, Acts of 1907). The inspector Deputies. may from time to time appoint deputies to assist him in the performance of his duties. Such deputies shall have the same power and authority as the inspector, subject to his approval. Each of said deputies shall receive a compensation of five dollars per day for actual services, and his or her necessary expenses incident to the performance of the duties of his or her office. The total amount expended under this section shall not exceed in any one year nine thousand dollars, which shall be paid upon proper vouchers by the deputies, signed by the inspector. ACTS OF 1907. CHAPTER 241.-Factory inspectors-Female deputy. SECTION 1. The factory inspector shall, in addition to the deputy Female infactory inspectors provided for by chapter 97 of the Public Acts of spector. 1903, appoint, from time to time, on the recommendation of an advisory commission of three women appointed by the governor for that purpose as specified in section five of this act, a female deputy factory inspector, who shall hold office until her successor is appointed and qualified, unless removed by said factory inspector for cause. Said female deputy factory inspector shall receive the compensation for services and expenses provided by section three of chapter 97 of the Public Acts of 1903 as amended by this act. SEC. 2. Said female deputy factory inspector shall inquire into the Duties. enforcement of the laws regulating the employment of women and girls in any manufacturing, mechanical, or mercantile establishment, investigate the conditions relating to the health and welfare of women and girls employed in such establishments, and report thereon to the factory inspector: Provided, however, That she shall have no power or authority over and no duty concerning any machinery, appliances, or fixtures except sanitary fixtures. SEC. 3. Said female deputy factory inspector shall have the same power and authority as the factory inspector, except as to machinery, appliances, and fixtures, subject to his approval, and shall serve under the direction of said factory inspector in all respects as other deputy inspectors. Powers. SEC. 5. The governor shall, on or before the first day of August, Commission of 1907, appoint three women, no two of whom shall be residents of the women. same town, who shall constitute an advisory commission for the appointment of a female deputy factory inspector and shall serve for two, four, and six years respectively; and biennially thereafter the governor shall appoint one member of said commission to serve for the term of six years. It shall be the duty of said commission to recommend to the factory inspector some woman for appointment as female deputy factory inspector, such recommendation to be made on or before October 1, 1907, and thereafter whenever a vacancy shall occur in said office. DELAWARE. REVISED CODE OF 1893. CHAPTER 127.-Fire escapes on factories, etc. (Page 929.) SECTION 1. The owner or owners of any building * * * being Fire escapes to more than two stories in height and which shall be used in the third be provided for or any higher story, in whole or in part as a workshop, or as a tenement house * * * * * * certain build factory or ings. shall be required to furnish such building with sufficient permanent fire escapes from the third and all higher stories, and which escapes shall be kept and maintained in good order. Such fire escapes may be by means of stairways or ladders outside the building, or by stairways in a separate 27295 No. 73-08-12 Inspection. Penalty. female ecs. employ tower or structure furnished with safe and easy communication with such building: Provided, That this act shall not apply to any building whatever that is already supplied with two or more independent stairways leading from the highest story to the ground floor, if said stairways shall not be nearer to each other at any point than a distance of sixty feet. SEC. 2. It shall be the duty of the chief engineer of the fire department in any city, town or borough where there may be such officers, or if there be no such officer therein, then of the mayor or chief officer thereof, and in all other places of the clerk of the school district wherein any such building is located to examine such fire escapes as to their suitableness and sufficiency, whether as to quality, location or number. If upon such examination such escapes be found to be sufficient and suitable, the person examining shall give the owner of such building or some one of them, if more than one, a certificate stating such examination and his approval, which certificate shall be good for two years, at the expiration of which time another examination shall be had and a like certificate given. Such certificate of approval shall be evidence of sufficient compliance with the requirements of this act and shall protect such owner from any penalty herein prescribed during the time for which it may have been given. The fee for such examination shall be one dollar. SEC. 4. Every owner of any such building as is specified in this act, whether an individual or a body corporate, who shall fail to comply with the provisions thereof shall be deemed guilty of a misdemeanor and be liable to indictment, and upon conviction shall forfeit and pay to the State a fine not exceeding two hundred dollars, and in case of a corporation, payment of the fine may be enforced by a writ of fieri facías to be issued out of the court where such conviction was had on the judgment thereof and continued by venditioni exponas as upon judgments in the superior court. ACTS OF 1897. CHAPTER 452.-Factories and workshops—Provisions for female employees-New Castle County. Dressing SECTION 1 (as amended by chapter 453, Acts of 1897). It shall be rooms, etc., for the duty of every person or corporation employing female labor to the number of ten or upwards in New Castle County to provide, within three months after the passage of this act, a room or rooms, plainly and appropriately furnished, for such female employees to dress, wash and lunch in, separate and apart from the male employees of such person or corporation, allowing in said separate room or rooms [sic]; and further, to provide washing sinks for such female employees, separate and apart from such male employees, allowing one such washing sink to each fifteen of such female employees employed by such person or corporation; and further, to provide water-closets for such female employees, separate from those used by such male employees: Provided, That nothing in this section shall apply to canning establishments doing business in the rural districts of said county. Seats. Workrooms to be warm. Abusive, etc., language forbidden. Penalty. SEC. 2. It shall be the duty of every storekeeper in New Castle County to provide seats for his or her clerks and employees, so that when unemployed such clerks and employees may be seated. SEC. 3. It shall be the duty of every person or corporation employing female labor to provide such places for such female employees to work in during cold weather as shall be reasonably and comfortably warm. SEC. 4. It shall be unlawful for any employer of female labor, or any overseer, superintendent, foreman or boss of any such employer of female labor to use toward female employees any abusive, indecent or profane language, or to in any manner abuse, misuse, unnecessarily expose to hardship, or maltreat any such female employee. SEC. 5. Any person violating any provision of section 4 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten and not exceeding one hundred dollars for each offense; any person or corporation violating any provision of the first, second and third sections of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined the sum of ten dollars, and shall be subject to the further penalty of ten dollars for each day thereafter during which such corporation or person shall refuse or neglect to provide the furnished rooms, seats, appliances or furnish the heat therein mentioned. CHAPTER 452.—Inspection of factories—Female inspector. SECTION 7. The chief justice of the State of Delaware is hereby Female inspecauthorized and required within sixty days after the passage of this act tor. to appoint a female inspector, whose duty it shall be to visit from time to time all stores, mills, factories and other places of business where female labor is employed and to duly enforce the provisions of this act. Whenever said inspector shall ascertain that the provisions of this act or any of them are being violated by any employer in New Castle County, it shall be the duty of said inspector to serve upon such violator of the provisions of this act written notice that unless such employer shall conform to the requirements of this act, and wholly cease any violation thereof within ten days from the services of such notice, such employer will be prosecuted under the provisions of this act. And it shall further be the duty of said inspector in case of the neglect or failure of such employer, who has received such notice, to conform to the provisions of this act, and to cease all violations thereof within ten days from the said service of said notice, to institute the prosecution of such recalcitrant employer or employers under the provisions of this act, by swearing out before any justice of the peace in New Castle County resident in the hundred where said employer may have his, her or its place of business, or in an adjacent hundred, the necessary warrant or complaint and thereupon to assist and enforce the prosecution of the person or corporation so complained of to the full extent of her power, and it shall further be the duty of such inspector in case any prosecutions under the provisions of this act shall be begun or instituted by any other person than such inspector, to aid, further and assist such independent prosecution of such employer to the best of her power, and whenever such independent prosecution of any such employer shall be begun by any person other than said inspector it shall be the duty of the justice of the peace before whom such complaint shall be made to straightway notify by due course of mail the inspector appointed under this act, informing such inspector of the name of the complainant and defendant, of the names of the witnesses indorsed upon said complaint and of the day, hour and place fixed for the hearing of said cause. workrooms. SEC. 8. It shall be the duty of every employer of female labor in New Inspector Castle County, whether to the number of ten or upward or less, to to have access to permit said inspector to have full and free access at any time during the working noon hours of said employees to the place of business of such employer where such employees are employed, and in case any such employer shall refuse such inspector full and free access to his place of business as aforesaid, or shall in any way hinder or prevent the full performance of her duties of inspection under the provisions of this act, such employer shall be deemed guilty of a misdemeanor, and upon every conviction of such interference with said inspector in the performance of her duties, shall pay a fine to New Castle County of ten dollars, which fine shall be collected in the same manner as the other fines and penalties heretofore provided for in this act. SEC. 9 (as amended by chapter 453, Acts of 1897). The inspector Term, etc. appointed under this act shall hold her said office for the term of two years, or until her successor is appointed, and shall receive an annual salary of three hundred dollars, payable quarterly, by warrants upon the county treasury; it shall further be her duty on the first day of August in each year subsequent to the year of her appointment, to make a written report to the chief justice of her acts and of all trans- Report. |