5 EDW. VII.] Factories and Shops. [No. 1975. 17 (2) Any person who lets or occupies or continues to let or knowingly suffers to be occupied any factory or work-room room or place contrary to the provisions of this section shall on conviction be liable to a penalty for the first offence of not more than Two pounds and for every subsequent offence of not less than One pound or more than Five pounds. (4) Remedying of defaults and nuisances. 29. (1) Where it appears to an inspector that any act neglect or default in relation to any drain watercloset earthcloset privy ashpit water supply nuisance or other matter in a factory or workroom is punishable or remediable under the law relating to public health but not under this Act such inspector shall give notice in writing of such act neglect or default to the council in whose district. the factory or work-room is situate. (2) Thereupon it shall be the duty of such council to make such Council to act. inquiry into the subject of the notice and take such action thereon as Ib. s. 20. to such council may seem proper for the purpose of enforcing the law; and the powers conferred by section two hundred and sixty-two of the Health Act 1890 upon councils with respect to factories or buildings in which more than twenty persons are gathered or employed or intended to be gathered or employed at one time may be exercised with respect to any factory or work-room under this Act by the Board as well as by any council in whose district any such factory or work-room is situate; and the provisions of the said lastmentioned Act for enforcing the requirements of any such council shall apply and extend to the enforcing of such requirements of such council and of the Board. (3) An inspector may for the purposes of this Act or any Act Power of inspector. relating to Public Health take with him into a factory or a work- Ib. room an officer of health inspector of nuisances or other officer of the Board or of the council; and any such officer of health inspector of nuisances or other officer of the Board or of the council may at all reasonable times enter and inspect any factory or work-room. (5) Limewashing. 30. (1) For the purpose of securing the observance of the requirements of this Act as to cleanliness in every factory or work-room, all the inside walls of the rooms of a factory or work-room and all the ceilings or tops of such rooms (whether such walls ceilings or tops be plastered or not) and all the passages and staircases of a factory or work-room if they have not been painted with oil or varnished once at least within seven years shall be limewashed or washed with some other wash liquid or material approved by the Chief Inspector once at least within every fourteen months, to date from the period when last limewashed or washed, and if they have been Limewashing or washing of the interior of factories and work-rooms. Ib. s. 21. 18 5 EDW. VII.] Except in certain cases. Minister may Factories and Shops. [No. 1975. been so painted or varnished shall be washed with hot water and soap once at least within every fourteen months, to date from the period when last so washed. (2) A factory or work-room in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. (3) Where it appears to the Minister that in any class of facgrant exemptions. tories or work-rooms or parts thereof the requirements of this section are not necessary for the purpose of securing therein the observance of the requirements of this Act as to cleanliness or are by reason of special circumstances inapplicable he may if he thinks fit on the recommendation of the Board by order made under this Act grant to such class of factories or work-rooms or parts thereof a special exception that the requirements of this section shall not apply thereto. Non-application to certain trades. Interval for No. 1091 S. 22. Meals not to be. taken in room where employés are working or in certain cases where employés have been working. Nc. 1091 s. 23. Nor in rooms where noxious employments carried on. (4) This section shall not apply to blacksmiths' agricultural implement makers' and wheelwrights' shops foundries flour mills saw mills bone mills tanneries rope-walks smelting works hay and corn chaff cutting corn crushing wool washing or boiler making establishments. (6) Meals of Employés. 31. (1) No person under eighteen years of age and no woman shall except on half holidays or when it appears to the Minister after due inquiry that the exigencies of trade require the suspension of the provisions of this section be employed continuously in any factory or work-room for more than five hours without an interval of at least half an hour for a meal. (2) When it appears to the Minister that the exigencies of trade require the suspension of the provisions of this section he may suspend the same, and such suspension shall be notified under his hand and such notification shall be published in the Government Gazette. (3) Nothing in this section contained shall refer to a factory or workshop in which the process of printing newspapers is carried on. 32. (1) No person employed in a factory or work-room shall be permitted to take his or her meals in any room therein in which any manufacturing process or handicraft is then being carried on or in which persons employed in such factory or work-room are then engaged in their employment, unless such factory or work-room or class of factories or work-rooms is of open construction and is certified to by the inspector as being properly exempted from this provision. (2) Where any manufacturing process handicraft or employment has been declared by the Governor in Council to be noxious for the purposes of this Act, no person employed in the factory or workroom in which any such manufacturing process handicraft or employment 5 EDW. VII.] Factories and Shops. [No. 1975. 19 employment is carried on shall be permitted to take his or her meals in any room therein in which such manufacturing process or handicraft or employment is then being carried on or in which persons employed in such factory or work-room are or have been in the course of the day engaged in their employment; and the occupier of every such factory or work-room shall cause a fit and proper room to be provided within which the persons employed may take their meals without the provisions of this Act being contravened. (3) If it be made to appear to the Minister that for any reason Exemption. it is unnecessary that such a room should be provided in any such factory or work-room he may by licence under his hand exempt for any period not exceeding one year the occupier of such factory or work-room from so much of the provisions of this section as require such a room to be provided. PART V.-SPECIAL PROVISIONS AS TO CERTAIN TRADES. (1) Bakehouses. 33. (1) Where a bakehouse is situate in any city town or borough, all the inside walls of the rooms of such bakehouse and all the ceilings or tops of such rooms (whether such walls ceilings. or tops be plastered or not) and all the passages and staircases of such bakehouse shall either be painted with oil or varnished or be washed with lime or some other wash material or liquid approved of by the Chief Inspector or be partly painted or varnished and partly so washed; where painted with oil or varnish there shall be three coats of paint or varnish and the paint or varnish shall be renewed at least once in every seven years, and shall be washed with hot water and soap once at least in every six months; where otherwise washed, such washing shall be renewed once at least in every six months. (2) A bakehouse in which there is a contravention of this section shall be deemed not to be kept in conformity with this Act. 34. (1) Where a bakehouse is situate in any city town or borough, a place on the same level with the bakehouse and forming part of the same building shall not be used as a sleeping place unless it is constructed as follows (that is to say) : unless such sleeping place is effectually separated from the unless there is an external glazed window of at least nine (2) Any Limewashing painting and interior of washing of the bakehouses. No. 1091 s. 24. Provision as to sleeping places Ib. s. 25. near bakehouses. Children not to be Ib. s. 28. 5 EDW. VII.] Factories and Shops. [No. 1975. (2) Any person who lets or occupies or continues to let or knowingly suffers to be occupied any place contrary to the provisions of this section shall on conviction be liable to a penalty not exceeding for the first offence Twenty shillings, and for every subsequent offence Five pounds. (2) Dust-generating factories. 35. If in a factory or work-room where grinding glazing or polishing on a wheel or any process is carried on by which dust is generated and by the workers inhaled to an injurious extent, and it appears to an inspector that such inhalation could be to a great extent prevented by the use of a fan or by other mechanical means the inspector may direct a fan or other mechanical means of a proper construction for preventing such inhalation to be provided within a reasonable time; and if the same is not provided maintained and used, the factory or workshop shall be deemed not to be kept in conformity with this Act. (3) Wet spinning rooms. 36. (1) No person under eighteen years of age and no woman shall be employed in any part of a factory or work-room in which wet spinning is carried on unless suflicient means be employed and continued for protecting the workers from being wetted and (where hot water is used) for preventing the escape of steam into the room occupied by the workers. (2) A factory or work-room in which there is a contravention of the provisions of this section shall be deemed not to be kept in conformity with this Act. PART VI.-RESTRICTIONS REGARDING EMPLOYÉS IN (1) Ages and Working Hours of Employés. 38. (1) A person under eighteen years of age or a woman who works in a factory or work-room whether for wages or not either in a working for hire. manufacturing process or handicraft or in cleaning any part of a factory or work-room used for any manufacturing process or handicraft or in cleaning or oiling any part of the machinery, or in any other kind of work whatsoever incidental to or connected with any manufacturing process or handicraft or connected with the article made or otherwise the subject of any manufacturing process or handicraft, shall save as is otherwise provided by this Act be deemed to be employed within the meaning of this Act. (2) For the purposes of this Act, an apprentice shall be deemed to work for hire. 39. (1) No 5 EDW. VII.] Factories and Shops. [No. 1975. 39. (1) No person shall contrary to any restrictions mentioned in the Third Schedule to this Act be employed in the factories or work-rooms or parts thereof named in that Schedule. (2) Notice of the prohibition in this section shall be affixed in all factories or work-rooms to which it applies. Prohibition of employment of persons under certain ages in certain factories or work-rooms. No. 1091 s. 29. Third Schedule. 21 females and boys. No. 1445 S. 21. 40. (1) Except as in this section provided no person shall Working hours for employ or authorize or permit to be employed in any factory or work-room any person under the age of sixteen years or any woman or girl for more than forty-eight hours in any one week or for more than ten hours in any one day or later than nine o'clock in the evening. Provision for unforeseen press of work. (2) In order to meet an unforeseen press of work any occupier of a factory or work-room may employ any boy under sixteen years of age or any girl over sixteen years of age or any woman for not more than fifty-one hours in one week subject to the following con- No. 1654 s. 29. ditions, namely: Ib. s. 21. (a) The ordinary daily hours of work shall not be exceeded Conditions. on more than one day in any one week; (b) The ordinary daily hours of work shall not be exceeded on The (c) Notice of having availed himself of the provisions of this (d) The occupier of the factory or work-room shall keep a (e) Payment for overtime and tea money shall be made for section at the rate prescribed in the Fifth Schedule Fifth Schedu (f) No such boy girl or woman shall be so employed without his or her consent; (g) If |