REPORT of the New York State Factory Investigating Commission Appendix I BILLS SUBMITTED TO THE LEGISLATURE ROBERT F. WAGNER, Chairman ABRAM I. ELKUS, Chief Counsel JANUARY 15, 1913 Compliments of Hon. Robert f. Wagner, Senator, 16th District LIST OF BILLS SUBMITTED TO THE LEGIS- LATURE BY THE NEW YORK STATE FACTORY INVESTIGATING COMMISSION : * INDEX. PAGE. 1. 2. A- 3. t / g A 5 <; g 4. 5. 6. l 7. 8. 9. -a r. 10. <0 6\ 11. <3° 5* 12 * 5 in 13. 14. Industrial board Changes in organization of department of labor and its bureaus Extension of jurisdiction of department of labor over mercantile establish- ments in cities of the second class. . . . Division of mercantile inspection Posting abstracts of labor law Penalties for violation labor law Fire-proof receptacles, gas jets, smoking Fire alarm signal systems and fire drills Automatic sprinklers Fire-escapes and exits ; limitation of number of occupants ; construction of future factory buildings Amendment to Fire Prevention Law (Board of Survey) Prohibition of employment of children under fourteen in cannery sheds or tenement houses ; definition of fac- tory building ; definition of tenement house Manufacturing in tenement houses Hours of labor of women in canneries. . 1 6 17 22 25 26 28 29 31 33 54 57 59 71 58E i * The recommendations of the Commission are submitted in separate ^ bills, for convenient reference. They will later be combined so as to con- stitute one or two bills containing definite enforcement provisions. 232388 11 PAGE. 15. Housing conditions in labor camps main- tained in connection with a factory . . 83 16. Physical examination of children between fourteen and sixteen years in factories . 7 4 17. Amendments to Child Labor Law; physi- cal examination before issuance of em- ployment certificate ; school record ; supervision over issuance of employ- ment certificates 77 18. Amendment to Compulsory Education Law ; school record 82 19. Night work of women in factories 83 20. Seats for females in factories 84 21. Bakeries 85 22. Cleanliness of work rooms 94 23. Cleanliness of factory buildings 95 24. Ventilation; general; special 96 25. Washing facilities; dressing rooms; water closets 98 26. Accident prevention; lighting of factories and workrooms 103 27. Elevators ... 108 28. Dangerous trades Ill 29. Foundries 112 30. Employment of children in dangerous oc- cupations; employment of women in core rooms 115 31. Labeling of containers of wood alcohol. . 118 32. Extension of jurisdiction of Commission. 119 BILL NO. 1* An Act to amend the labor law, by providing for an industrial board. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . Chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act re- lating to labor, constituting chapter thirty- one of the consolidated laws,” is hereby amended by inserting therein, after Article III, a new art- icle to be Article Ill-a thereof, to read as follows : ARTICLE III— A. INDUSTRIAL BOARD. § 50. Industrial board : organization. § 51. Jurisdiction of board. § 52. Rules and regulations ; industrial code. § 50. Industrial board ; organization. 1. There shall be an industrial board, to consist of the commissioner of labor, who shall be chair- man of the board, and four associate members. The associate members shall be appointed by the gov- ernor by and with the advice and consent of the senate. Of the associate members first appointed, one shall hold office until January first, 1915, one until January first, 1916, one until January first, ♦Explanation. — In all bills matter in italics is new ; matter in brackets [ ] is old law to be omitted. 1917, and one until January first, 1918. Upon the expiration of each of said terms, the term of office of each associate member thereafter appointed shall be four years from the first day of January. Vacancies shall be filled by appointment for the un- expired term. The associate members shall each receive a salary of three thousand dollars a year and each of said associate members shall be paid his reasonable and necessary traveling and other ex- penses while engaged in the performance of his duties in the manner provided in section forty-four of this chapter. 2. The board shall appoint and may remove a secretary who shall receive a salary to be fixed by the board. The commissioner of labor shall detail, from time to time, to the assistance of the board, such employees of the department of labor as the board may require. In aid of its work, the board is empowered to employ experts for special and oc- casional services. The counsel to the department of labor shall be counsel to the board without addi- tional compensation. 3. The board shall hold stated meetings, at least once a month during the year at its office in the city of Albany or in the City of New York and shall hold other meetings at such times and places as the needs of the public service may require. Such meetings shall be called by the chairman or by a majority of the board. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon every question and records of its examinations and other official action. § 51. Jurisdiction of board. The board shall have power: (1) To make investigations concern- ing and report upon all matters touching the en- forcement and effect of the provisions of this chap- ter and the rules and regulations made by the board thereunder, and in the course of such investiga- tions, each member of the board and the secretary shall have power to administer oaths. Each mem- ber of the board shall have power to make personal inspection of all factories, factory buildings, mer- cantile establishments and premises to which this chapter is applicable. (2) To subpoena and require the attendance in this state of witnesses and the production of books and papers pertinent to the investigations and inquiries hereby authorized and to examine them in relation to any matter which it has power to investigate. For the purposes of any such investigation, the board pos- sesses all the powers conferred by the legislative law upon a committee of the legislature or by the code of civil procedure upon a board or committee and may invoke the power of any court of record in the state to compel the attendance and testimony of witnesses and the production of books and papers. (3) To make, alter, amend and repeal rules and regulations for carrying into effect the provisions of this chapter, applying such provisions to specific conditions and prescribing specific means, methods or practices to effectuate such provisions. (4) To make, alter, amend or repeal rules and regulations for guarding against and minimizing fire hazards, personal injuries and disease, with respect to (a) The construction, alteration, equipment and maintenance of factories, factory buildings and mercantile establishments, including the conversion of structures into factories and factory buildings ; (b) factory buildings and mercantile establishments and the limitation of the number of persons who may occupy the same or any part thereof ; (c) the 4 arrangement and guarding of machinery and the keeping of property and articles in factories, factory buildings and mercantile establishments; (d) the places where and the methods and operations by which trades and occupations may be conducted and the conduct of employers, employees and other persons in and about factories, factory build- ings and mercantile establishments : It being the policy and intention of this chapter that all fac- tories, factory buildings and mercantile establish- ments shall be so constructed, equipped, arranged, operated and conducted in all respects as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein and that the said board shall from time to time make such rules and regulations as will effectuate the said policy and intention. § 52. Rules and regulations ; industrial code. 1. The rules and regulations adopted by the board pursuant to the provisions of this chapter shall have the force and effect of law and may be en- forced in the same manner as the provisions of this chapter. They may be applicable throughout the state or may be limited to specific localities. Such rules and regulations may apply in whole or in part to particular kinds of factories or work- shops, or to particular machines, apparatus or articles ; or to particular processes, industries, trades or occupations ; and they may be limited in their application to factories or workshops to be established, or to machines, apparatus or other articles to be installed or provided in the future. 2. At least three affirmative votes shall be necessary to the adoption of any rule or regulation by the board. Before any rule or regulation is adopted, altered, amended or repealed by the board there 5 shall be a public hearing thereon, notice of which shall be published not less than ten days, in such daily newspapers as the board may prescribe. Every rule or regulation and every act of the board shall be promptly published in bulletins of the de- partment of labor or in such daily newspapers as the board may prescribe. 3. The rules and regulations which shall be in force on the first day of October, nineteen hundred and thirteen, and the amendments and alterations thereof, and the additions thereto, shall constitute the industrial code. The industrial code may em- brace all matters and subjects to which and so far as the power and authority of the department of labor extends and its application need not be limited to subjects enumerated in this section. The in- dustrial code and all amendments and alterations thereof and additions thereto shall be certified by the secretary of the board and filed with the sec- retary of state. Section 2. Such chapter is hereby amended by inserting therein after section twenty-a a new sec- tion to be section twenty-b, to read as follows : § 20-b. Protection of employees in factories and mercantile establishments. All factories, factory buildings and mercantile establishments shall be so constructed, equipped, arranged, operated and con- ducted in all respects as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein. The industrial board shall, from time to time, make such rules and regulations as will carry into effect the provisions of this section. Section 3. This act shall take effect immedi- ately. 6 BILL NO. 2. An Act to amend the labor law in relation to the organization of the department of labor and its various bureaus. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Sections forty and forty-one of chap- ter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constitut- ing chapter thirty-one of the consolidated laws,” as amended by chapter seven hundred and twenty- nine of the laws of nineteen hundred and eleven, are hereby amended to read as follows : § 40. Commissioner of labor. There shall con- tinue to be a department of labor, the head of which shall be the commissioner of labor, who shall be appointed by the governor by and with the consent of the senate, and who shall hold office for a term of four years beginning on the first day of January of the year in which he is appointed. He shall receive an annual salary of [five thousand five hundred] eight thousand dollars. He shall appoint all officers, clerks and other employees in the department of labor except as in this chapter othemoise provided. § 41 . Deputy commissioners. The commissioner of labor shall forthwith upon entering upon the duties of his office, appoint and may at pleasure remove two deputy commissioners of labor [, who shall receive such annual salaries, not to exceed four thousand dollars and three thousand five hundred dollars, respectively, as may be appropri- ated therefor. The powers hereinafter conferred upon the first and second deputy commissioners 7 shall not include the appointment of officers, clerks or other employees in any of the bureaus of the department of labor]. The first deputy commis- sioner shall receive a salary of five thousand dollars a year; the second deputy commissioner shall receive a salary of three thousand five hun- dred dollars a year. The first deputy commissioner shall , during the absence or disability of the commissioner of labor , possess all the powers and perform all the duties of the commissioner except the power of making appoint- ments. During the absence or disability of both the commissioner of labor and the first deputy commis- sioner , the second deputy commissioner shall pos- sess all the powers and perform all the duties of the commissioner except the power of making ap- pointments. In addition to their duties and pow- ers as prescribed by the provisions of this chapter , the deputy commissioners of labor shall perform such other duties and possess such other powers as the commissioner of labor may prescribe. Section 2. Section forty-two of such chapter as amended by chapter five hundred and fourteen of the laws of nineteen hundred and ten, is hereby amended to read as follows : §42. Bureaus. The department of labor shall [be divided into five] have four bureaus as follows: [Fac- tory] inspection ; [labor] statistics and information ; mediation and arbitration and industries and immi- gration [, and mercantile inspection]. There shall be such other bureaus in the department of labor as the commissioner of labor may deem necessary. Section 3. Section forty-five of such chapter as amended by chapter seven hundred and twenty- nine of the laws of nineteen hundred and eleven, is hereby amended to read as follows : 8 § 45. [Sub] Branch offices. [The commissioner of labor may establish and maintain a sub-office in any city if in his opinion it be necessary. He may designate any one or more of his subordinates to take charge of and manage any such office, subject to his direction.] The commissioner of labor shall establish and maintain branch offices of the de- partment in the city of New York and in such other cities of the state as he may deem advisable. Such branch offices shall , subject to the supervision and direction of the commissioner of labor , be in immediate charge of such officials or employees as the commissioner of labor may designate. The reasonable and necessary expenses of such offices shall be paid as are other expenses of the commis- sioner of labor. Section 4. Section forty-eight of such chapter is hereby amended to read as follows: §48. Counsel. [The commissioner of labor may employ counsel in the department of labor to repre- sent the department or to assist in the prosecution of actions or proceedings brought under the provi- sions of this chapter. Such counsel shall receive such compensation as may otherwise be provided by law.] The commissioner of labor shall appoint and may at pleasure remove counsel who shall be an attorney and counsellor at lata of the state of New York to represent the de- partment of labor and to take charge of and assist in the prosecution of actions and proceedings brought by or on behalf of the commissioner of labor or the department of labor and generally to act as legal adviser to the commissioner. Such counsel shall receive a salary of four thousand dollars a year. The commissioner of labor shall have power to appoint and at pleasure remove attorneys and 9 counsellors at law to assist the counsel in the per- formance of his duties , who shall receive such com- pensation as may he provided by law. Section 5. Sections fifty-five and fifty-six of such chapter are hereby amended to read as follows : § 55. Bureau of [labor], statistics and informa- tion. [There shall continue to be a] The bureau of [labor] statistics and information , [which] shall be under the immediate charge of a chief statis- tician, but subject to the direction and supervision of the commissioner of labor. §56. Divisions ; [D] duties and powers. 1. The bureau of statistics and information shall have five divisions as follows : general labor sta- tistics ; industrial directory; industrial accidents and diseases ; investigations; and printing and publication. There shall be such other divisions in such bureau as the commissioner of labor may deem advisable. Each of the said divisions shall , subject to the supervision and direction of the com- missioner of labor and of the chief statistician, be in charge of an officer or employee of the depart- ment of labor designated by the commissioner of labor ; and each of the said divisions , in addition to the duties prescribed in this chapter , shall per- form such other duties as may be assigned to it by the commissioner of labor. The [commissioner of labor.] division of general labor statistics shall collect, assort and systematize [and present in annual reports to the Legislature,] statistical details and general infor- mation in relation to all departments of labor in the state, especially in relation to the commercial, in- dustrial, social and sanitary condition of working- men and to the productive industries of the state. 10 3. The division of industrial directory shall pre- pare the industrial directory provided for in section forty-nine of this chapter. Ji. The division of industrial accidents and di- seases shall collect , assort and systematize statistical details and general information regarding indus- trial accidents and occupational diseases , their causes and effects , and methods of preventing, cur- ing and remedy ing them , and of providing compen- sation therefor. 5. The division of investigations shall have charge of all investigations and research work con- ducted by such bureau. 6. The division of printing and publication shall print , publish and disseminate in such manner and to such extent as the commissioner of labor shall direct , such information and statistics as the com- missioner of labor may direct for the purpose of promoting the health , safety and well being of per- sons employed at labor. 7. The commissioner of labor [He] may sub- poena witnesses, take and hear testimony, take or cause to be taken depositions and administer oaths. Section 6 . Section sixty of such chapter as amended by chapter seven hundred and twenty-nine of the laws of nineteen hundred and eleven is hereby amended to read as follows : §60. [Chief factory inspector] Bureau of Inspec- tion ; inspector general. [There shall continue to be a bureau of factory inspection.] The bureau of inspection , subject to the supervision and direction of the commissioner of labor , shall have charge of all inspections made pursuant to the provisions of this chapter , and shall perform such other duties as may be assigned to it by the commissioner of 11 labor. The first deputy commissioner of labor shall be the [chief factory] inspector general of the state, and in charge of this bureau subject to the di- rection and supervision of the commissioner of labor, except that the division of industrial hygiene shall be under the immediate direction and supervision of the commissioner of labor. Such bureau shall have four divisions as follows: factory inspection , homework inspection , mercantile in- spection and industrial hygiene. There shall be such other divisions in such bureau as the com- missioner of labor may deem necessary. In ad- dition to their duties as prescribed by the provi- sions of this chapter , such divisions shall perform such other duties as may be assigned to them by the commissioner of labor. Section 7. Such chapter is hereby amended by inserting therein, after section sixty, two new sec- tions, to be sections sixty- a and sixty- b, to read as follows : §60-a. Division of factory inspection; inspection districts; chief factory inspectors. For the inspec- tion of factories, there shall be two inspection dis- tricts to be known as the first factory inspection district and the second factory inspection dis- trict. The first factory inspection district shall include the counties of New York, Bronx, Kings, Queens, Richmond, Nassau and Suffolk. The second factory inspection district shall include all the other counties of the state. There shall be two chief factory inspectors who shall be appointed by the commissioner of labor and who may be removed by him at any time and each of whom shall re- ceive a salary of four thousand dollars a year. The inspection of factories in each factory inspection dis- trict shall, subject to the supervision and direction 12 of the commissioner of labor, be in charge of a chief factory inspector assigned to such district by the commissioner of labor. § 60 -b. Division of homework inspection. The division of homework inspection shall be in charge of an officer or employee of the department of labor designated by the commissioner of labor and shall, subject to the supervision and direction of the com- missioner of labor, have charge of all inspections of tenement-houses and of labor therein and of all work done for factories at places other than such factories. Section 8. Section sixty-one of such chapter, as amended by chapter one hundred and fifty-eight of the laws of nineteen hundred and twelve, is hereby amended to read as follows: § 61 . Factory inspectors. — [The commissioner of labor may appoint from time to time not more than one hundred and twenty -five persons, as fac- tory inspectors, not more than twenty of whom shall be women, and who may be removed by him at any time. The factory inspectors may be di- vided into five grades, but not more than thirty shall be of the third grade, and not more than eight shall be of the fourth grade and not more than one shall be of the fifth grade. Each inspector of the first grade shall receive an annual salary of one thousand dollars, each of the second grade an an- nual salary of one thousand two hundred dollars and each of the third grade an annual salary of one thousand five hundred dollars. There shall be after October first, nineteen hundred and eleven, no fur- ther appointments in the first grade and no vacan- cies in the first grade shall be filled. There may be at any time not to exceed ninety persons in the second grade. Each inspector of the fourth grade shall receive an annual salary of two thou* sand five hundred dollars. Each inspector of the fifth grade shall receive an annual salary of three thousand five hundred dollars. Each in- spector of the fifth grade shall be a mechanical en- gineer.] There shall he not less than one hundred and twenty-five factory inspectors, not more than thirty of whom shall he women. Such inspectors shall he appointed hy the commissioner of labor and may he removed hy him at any time. The in- spectors shall he divided, into seven grades. In- spectors of the first grade, of whom there shall he not more than ninety-five, shall each receive an an- nual salary of one thousand two hundred dollars ; inspectors of the second, grade, of whom there shall he not more than fifty, shall each receive an annual salary of one thousand five hundred dollars ; in- spectors of the third grade, of whom there shall he not more than tiventy-five, shall each receive an annual salary of one thousand eight hundred dollars ; . inspectors of the fourth grade, of whom there shall he not more than ten, shall each receive an annual salary of two thousand dollars and shall act as investigators ; inspectors of the fifth grade , of whom there shall he not more than nine , one of whom shall be able to speak and write five European languages in addition to English , shall each receive an annual salary of two thousand five hundred dollars and shall act as supervising inspectors ; inspectors of the sixth grade, of whom there shall he not less than three and one of whom shall he a woman ■ shall act as medical inspectors and shall each receive an an- nual salary of two thousand five hundred dollars; inspectors of the seventh grade, of whom there shall he not less than four, shall each receive an an- nual salary of three thousand five hundred dot- 14 lars; all of the inspectors of the sixth grade shall he physicians duly licensed to practice medicine in the state of Netv York. Of the in- spectors of the seventh grade one shall he a physi- cian duly licensed to practice medicine in the state of Netv York , and he shall he the chief medical in- spector; one shall he a chemical engineer; one shall he a, mechanical engineer , and an expert in ventilation and accident prevention; and one shall he a civil engineer , and an expert in fire prevention and building construction. Section 9. Such chapter is hereby amended by inserting therein, after section sixty-one, a new section, to be section sixty-one-a, to read as follows : § 61-a. Division of industrial hygiene ; -section of medical inspection. The inspectors of the seventh grade shall constitute the division of in- dustrial hygiene, which shall be under the im- mediate charge of the commissioner of labor. The commissioner of labor may select one of the in- spectors of the seventh grade to act as the di- rector of such division, and such director while acting in that capacity shall receive an ad- ditional compensation of five hundred dollars a year. The members of the division of indus- trial hygiene shall make special inspections of factories, mercantile establishments and other places subject to the provisions of this chapter, throughout the state, and shall conduct special in- vestigations of industrial processes and conditions. The commissioner of labor shall submit to the industrial board the recommendations of the divi- sion regarding proposed rules and regulations and standards to be adopted to carry into effect the pro- visions of this chapter and shall advise said board concerning the operation of such rules and standards 15 and as to any changes or modifications to be made therein. The members of such division shall prepare material for leaflets and bulletins calling attention to dangers in particular in- dustries and the precautions to be taken to avoid them ; and shall perform such other duties and render such other services as may be required by the commissioner of labor. The director of such division shall make an annual report to the commissioner of labor of the operation of the division, to which may be attached the individual reports of each member of the division as above specified, and same shall be transmitted to the legislature as part of the annual report of the commissioner of labor. The inspectors of the sixth grade shall constitute the section of medical inspection which shall, sub- ject to the supervision and direction of the director of the division of industrial hygiene, be under the immediate charge of the chief medical in- spector. The section of medical inspection shall inspect factories, mercantile establishments and other places subject to the provisions of this chap- ter throughout the state with respect to conditions of work affecting the health of persons employed therein and shall have charge of the physical ex- amination and medical supervision of all children employed therein and shall perform such other duties and render such other services as the com- missioner of labor may direct. Section 10. Section sixty-two of such chapter, as amended by chapter seven hundred and twenty- nine of the laws of nineteen hundred and eleven, is hereby amended to read as follows : § 62. General powers and duties. 1. The com- missioner of labor shall, from time to time, divide 16 the state into sub- districts, assign one factory in- spector of the [fourth] fifth grade to each sub- dis- trict as supervising inspector, and may in his dis- cretion transfer [them] such supervising inspector from one sitfr-district to another ; he shall from time to time assign and transfer factory inspectors to each factory inspection district and to any of the divisions of the bureau of inspect ion ; he may assign any factory inspector to inspect any special class or classes of factories or to enforce any special provi- sions of this chapter ; and he may assign any one or more of them to act as clerks in any office of the department. 2. The commissioner of labor may authorize any deputy commissioner or assistant and any [special] agent or inspector in the department of labor to act as a [deputy] factory inspector with the full power and authority thereof. 3. The commissioner of labor, the first deputy commissioner of labor and his assistant or assist- ants, and every factory inspector and every person duly authorized pursuant to sub-division two of this section may, in the discharge of his duties enter any place, building or room [where and when any labor is being performed] which is affected by the provisions of this chapter and may enter any factory whenever he may have reasonable cause to believe that any such labor is being performed therein. 4. The commissioner of labor shall visit and in- spect or cause to be visited and inspected the fac- tories, during reasonable hours, as often as prac- ticable, and shall cause the provisions of this chap- ter and the rules and regulations of the industrial board to be enforced therein. 17 5. Any lawful municipal ordinance, by-law or regulation relating to factories, in addition to the provisions of this chapter and not in conflict there- with, may be observed and enforced by the com- missioner of labor. Section 11. This act shall take effect imme- diately. bill no. 3 An Act to amend the labor law in relation to the extension of the jurisdiction of the department of labor over mercantile establishments in cities of the second class. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Sections one hundred and sixty-seven, one hundred and sixty-eight, one hundred and sixty-nine, one hundred and seventy-one, and one hundred and seventy-two of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty- one of the consolidated laws,” are hereby amended to read as follows : §167. Registry of children employed. — The owner, manager or agent of a mercantile or other estab- lishment specified in section one hundred and sixty - one, employing children, shall keep or cause to be kept in the office of such establishment, a register, in which shall be recorded the name, birthplace, age and place of residence of all children so em- ployed under the age of sixteen years. Such regis- ter and the certificate filed in such office shall be produced for inspection, upon the demand of an 18 officer of the board, department or commissioner of health of the town, village or city where such es- tablishment is situated, or if such establishment is situated in a city of the first or second class, upon the demand of the commissioner of labor. On termination of the employment of the child so registered and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent or guardian or custodian. An officer of the board, department or commissioner of health of the town, village or city where a mercantile or other establishment men- tioned in this article is situated, or if such estab- lishment is situated in a city of the first or second class the commissioner of labor may make demand on an employer in whose establishment a child ap- parently under the age of sixteen years is employed or permitted or suffered to work, and whose em- ployment certificate is not then filed as required by this chapter, that such employer shall either fur- nish him, within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such establishment. The officer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate ; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such demand may be served on such employer personally or may be sent by mail addressed to him at said establish- ment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of the post. When the em- ployer is a corporation such notice may be 19 served either personally upon an officer of such corporation or by sending it by post addressed to the office or the principal place of busi- ness of such corporation. The papers constituting such evidence of age furnished by the employer in response to such demand shall, except in cities of the first and second class, be filed with the board, department or commissioner of health, and in cities of the first and second class with the commissioner of labor, and a material false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employer shall fail to produce and deliver to the officer of the board, department or commissioner of health, or in cities of the first and second class to the commissioner of labor, within ten days after such demand such evidence of age herein required by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mer- cantile or other establishment, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this article that such child is under sixteen years of age and is unlawfully employed. § 168. Wash-rooms and water-closets. — Suit- able and proper wash-rooms and water- closets shall be provided in, adjacent to or connected with mercantile establishments. Such rooms and closets shall be so located and arranged as to be easily accessible to the employees of such establishments. Such water-closets shall be properly screened and ventilated, and, at all times, kept in a clean condi- tion. The water-closets assigned to the female employees of such establishments shall be separate from those assigned to the male employees. 20 If a mercantile establishment has not pro- vided wash-rooms and water-closets, as re- quired by this section, the board or depart- ment of health or health commissioners ot the town, village or city where such establishment is situated, unless such establishment is situated in a city of the first or second class, in which case the commissioner of labor shall cause to be served upon the owner, agent or lessee of the building occupied by such establishment a written notice of the omis- sion and directing such owner, agent or lessee to comply with the provisions of this section respect- ing such wash-rooms and water-closets. Such owner shall, within fifteen days after the receipt of such notice, cause such wash-rooms and water-closets to be provided. § 169. Lunch-rooms. — If a lunch-room is pro- vided in a mercantile establishment where females are employed, such lunch-room shall not be next to or adjoining the water-closets, unless permission is first obtained from the board or department of health or health commissioners of the town, village or city where such mercantile establishment is situated, un- less such establishment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that proper sanitary conditions do not exist, and it may be revoked at any time by the board or department of health or health commissioners; if it appears that such lunch room is kept in a manner or in a part of a building injurious to the health of the em- ployees, unless such establishment is situated in a city of the first or second class, in which case said permission may be so revoked by the commissioner of labor. §171. Employment of women and children in 21 basements. — Women or children shall not be employed or permitted to work in the base- ment of a mercantile establishment, unless permitted by the board or department of health, or health commissioner of the town, village or city where such mercantile establishment is situated, unless such establishment is situated in a city of the first or second class in which case such permission must be obtained from the commissioner of labor. Such permission shall be granted unless it appears that such basement is not sufficiently lighted and ventilated, and is not in good sanitary condition. §172. Enforcement of article. — Except in cities of the first and second class the board or depart- ment of health or health commissioners of a town, village or city affected by this article shall enforce the same and prosecute all violations thereof. Pro- ceedings to prosecute such violations must be begun within sixty days after the alleged offense was com- mitted. All officers and members of such boards or department, all health commissioners, inspectors and other persons appointed or designated by such boards, departments or commissioners may visit and inspect, at reasonable hours and when practicable and necessary, all mercantile or other establishments herein specified within the town, village or city for which they are appointed. No person shall interfere with or prevent any such officer from making such visitations and in- spections, nor shall he be obstructed or injured by force or otherwise while in the performance of his duties. All persons connected with any such mercantile or other establishment herein specified shall properly answer all questions asked by such officer or inspector in reference to any of the provisions of this article. In cities of the first and second class the commissioner of labor shall 22 enforce the provisions of this article, and for that purpose he and his subordinates shall pos- sess all powers herein conferred upon town, village, or city boards and departments of health and their commissioners, inspectors, and other officers, except that the board or depart- ment of health of said cities of the first and second class shall continue to issue employment certificates as provided in section one hundred and sixty-three of this chapter. Section 2. — This act shall take effect October first, nineteen hundred and thirteen. bill no. 4. An Act to amend the labor law, in relation to the division of mercantile inspection and the ex- tension of the jurisdiction of the commissioner of labor to mercantile establishments in cities of the second class. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section one hundred and eighty of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An Act relating to labor, con- stituting chapter thirty-one of the consolidated laws,” as amended by chapter five hundred and sixteen of the laws* of nineteen hundred and ten, is hereby amended to read as follows : §180. Chief mercantile inspector. [There shall be a bureau] The division of mercantile inspection [which] shall be under the immediate charge of [a] the chief mercantile inspector, but subject to the direction and supervision of the commissioner of 23 labor. The chief mercantile inspector shall be ap- pointed and be at pleasure removed by the commis- sioner of labor, and shall receive such annual salary not to exceed three thousand dollars as may be ap- propriated therefor. Section 2. Sections one hundred and eighty-one, one hundred and eighty-two and one hundred and eighty-four of such chapter are hereby amended to read as follows: §181. [Deputies.] Mercantile Inspectors. The commissioner of labor may appoint from time to time not more than [ten deputy] twenty mercan- tile inspectors, not less than [two] four of whom shall be women, and who may be removed by him at any time. The [deputy] mercantile in- spectors may be divided into three grades, but not more than [two] five shall be of the third grade. Each [deputy] mercantile inspector of the first grade shall receive an annual salary of one thousand dol- lars, each of the second grade an annual salary of one thousand two hundred dollars, and each of the third grade an annual salary of one thousand five hundred dollars. §182. General powers and duties. 1. The com- missioner of labor may divide the cities of the first and second class of the state into mercantile in- spection districts, assign one or more [deputy] mercantile inspectors to each such district, and may in his discretion transfer them from one such dis- trict to another ; he may assign any of them to in- spect any special class or classes of mercantile or other establishments specified in article eleven of this chapter, situated in cities of the first and second class , or to enforce in cities of the first or second class any special provisions of such article. 2. The commissioner of labor may authorize any 24 deputy commissioner or assistant and any [special] agent or inspector in the department of labor to act as a [deputy] mercantile inspector with the full power and authority thereof. 3. The commissioner of labor, the chief mercan- tile inspector and his assistant or assistants and every [deputy] mercantile inspector or acting [deputy] mercantile inspector may in the discharge of his duties enter any place, building or room in cities of the first or second class where any labor is performed which is affected by the provisions of article eleven of this chapter, and may enter any mercantile or other establishment specified in said article, situated in cities of the first or second class, whenever he may have reasonable cause to believe that any such labor is performed therein. 4. The commissioner of labor shall visit and in- spect or cause to be visited and inspected the mer- cantile and other establishments specified in article eleven of this chapter situated in cities of the first and second class, as often as practicable, and shall cause the provisions of said article to be enforced therein. 5. Any lawful municipal ordinance, by-law or regulation relating to mercantile and other estab- lishments specified in article eleven of this chapter, in addition to the provisions of this chapter and not in conflict therewith, may be enforced by the com- missioner of labor in cities of the first and second class. § 184. Laws to be posted. A copy or abstract of the applicable provisions of this chapter, and of the rules and regulations of the industrial board, to be prepared and furnished by the commissioner of labor, shall be kept posted by the employer in a conspicu- 25 ous place on each floor of every mercantile or other establishment specified in article eleven of this chapter, situated in a city of the first or second class, wherein three or more persons are employed who are affected by such provisions. Section 3. This act shall take effect October first, nineteen hundred and thirteen. bill no. 5. An Act to amend the labor law, in relation to posting copies of abstracts of the provisions thereof : The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . Section sixty-eight of article five of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, con- stituting chapter thirty-one of the consolidated laws,” is hereby amended to read as follows: § 68. Laws to be posted. [A copy or abstract] Copies or digests of the provisions of this chapter and of the rules and regulations of the industrial hoard , applicable thereto, in English and in such other languages as the commissioner of labor may require, to be prepared and furnished by the commis- sioner of labor, shall be kept posted by the employer in [a] such conspicuous place or places as the com- missioner of labor may direct on each floor of every factory where persons are employed who are affected by the provisions thereof. Section 2. This act shall take effect October first, nineteen hundred and thirteen. 26 BILL NO. 6. An Act to amend the penal law in relation to viola- tions of provisions of the labor law, the industrial code, the rules and regulations of the industrial board of the department of labor and the orders of the commissioner of labor. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section twelve hundred and seven- ty-five of chapter eighty-eight of the laws of nine- teen hundred and nine, entitled “ An act to provide for the punishment of crime, constituting chapter forty of the consolidated, as amended by chapter seven hundred and forty- nine of the laws of nine- teen hundred and eleven, is hereby amended to read as follows: § 1275. Violations of provisions of labor law ; the industrial code ; the rules and regulations of the industrial board of the department of labor ; or- ders of the commissioner of labor. Any person who violates or does not comply with any provi- sion of the labor law , any provision of the indus- trial code , any rule or regulation of the industrial board of the department of labor , or any lawful order of the commission of labor ; [1. The provisions of article three of the labor law, relating to the department of labor ; 2. The provisions of article four of the labor law relating to the bureau of labor statistics; 3. The provisions of article five of the labor law, relating to the bureau of factory inspection; 4. The provisions of article six of the labor law, relating to factories; 27 5. The provisions of article seven of the labor law relating to the manufacture of articles in tene- ments; 6. The provisions of article eight of the labor law, relating to bakeries and confectionery establish- ments; 7. The provisions of article eleven of the labor law, relating to mercantile establishments, and the employment of women and children therein ; 8 A.] and any person who knowingly makes a false statement in or in relation to any application made for an employment certificate as to any matter re- quired by articles six and eleven of the labor law to appear in any affidavit, record, transcript or certi- ficate therein provided for, and any person who knowingly makes or permits or suffers to he made , a false entry in any time hook required to he kept hy article six of the labor law , is guilty of a misde- meanor and upon conviction shall be punished for a first offense by a fine of not less than twenty nor more than fifty dollars; for a second offense by a fine of not less than fifty nor more than two hun- dred and fifty dollars, or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a third offense by a fine of not less than two hundred and fifty dollars, or by im- prisonment for not more than sixty days, or by both such fine and imprisonment. Section 2. Sections twelve hundred and seventy- one, twelve hundred and seventy-two and twelve hundred and seventy-three of such chapter are hereby repealed. Section 3. This act shall take effect October first, nineteen hundred and thirteen. 28 BILL NO. 7. An Act to amend the labor law, in relation to fire prevention in factories. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section eighty-three-c of chapter thirty-six of the laws of nineteen hundred and nine, entitled 6 ‘An Act relating to labor, constituting chapter thirty-one of the consolidated laws,” as amended by chapter three hundred and twenty-nine of the laws of nineteen hundred and twelve, is hereby amended to read as follows : §83-c. Fireproof receptacles ; gas jets ; smoking. 1. Every factory shall be provided with properly covered fireproof receptacles, the number, style and location of which shall be approved in the city of New York by the fire commissioner, and elsewhere, by the commissioner of labor. There shall be de- posited in such receptacles all inflammable waste materials, cuttings and rubbish. No waste ma- terials, cuttings or [and] rubbish shall be per- mitted to accumulate on the floors of any factory but shall be removed therefrom not less than twice each day. All such waste materials, cut- tings and rubbish shall be entirely removed from a factory building at least once in each day [.], ex- cept that haled waste material may he stored in fireproof enclosures provided that all such haled waste material shall he removed from such hu tid- ing at least once in each month. 2. All gas jets or lights in factories shall be properly enclosed by globes, wire cages or other- wise properly protected in a manner approved in 29 the city of New York by the fire commissioner of such city, and elsewhere, by the commissioner of labor. 3. [Smoking in a] No person shall smoke in any factory [is prohibited]. A notice of such prohibition stating the penalty for violation thereof shall be posted in every entrance hall and in every elevator car, stairhall and room on every floor of such fac- tory in English and also in such other language or languages as the fire commissioner of the city of New York in such city, and elsewhere, the state fire marshal, shall direct. The fire commissioner of the city of New York in such city, and else- where, the state fire marshal shall enforce the pro- visions of this sub-division. Section 2. This act shall take effect immediately. bill no. 8 An Act to amend the Labor Law, in relation to fire alarm signal systems and fire drills. The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol- lows : Section 1 . Section eighty- three- a of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty-one of the consolidated laws,” as amended by chapter three hundred and thirty of the laws of nineteen hundred and twelve, is hereby amended to read as follows : §83-a. Fire alarm signal systems and fire drills. 1. Every factory building over two stories in 30 height in which more than twenty -five persons are employed shall he equipped with a fire alarm signal system ivith a sufficient number of signals clearly audible to all occupants thereof. The industrial board may make rides and regulations prescrib- ing the number , kind and location of such signals. Such system shall be installed by the owner or lessee of the building and shall per- mit the sounding of all the alarms within the building whenever the alarm is sounded in any portion thereof. Such system shall be main- tained in good working order. Such system shall not be used for any purpose except in case of fire or a fire drill. It shall be the duty of whoever dis- covers a fire to cause an alarm to be sounded imme- diately. 2. In every factory buildAng over tivo stories in height in which more than twenty-five persons are [regularly] employed above the ground [or first] floor, a fire drill which will conduct all the occu- pants of such building to a place of safety and in which all [of] the occupants of such building shall participate simultaneously shall be conducted at least once a month [every three months under the supervision of the local fire department or one of its officers]. In the city of New York the fire commissioner of such city , and in all other parts of the state , the state fire marshal shall inaugurate , supervise and regulate such fire drills, and shall make rules, regu- lations and special orders necessary or suitable to each situation and in the case of buildings contain- ing more than one tenant, necessary or suitable to the adequate co-operation of all the tenants of such building in a fire drill of all the occupants thereof. Such rules, regulations and orders may prescribe upon whom shall rest the duty of carrying out the 31 same , and where such duties are imposed upon employees , shall so specify. Such special orders may require posting of the same or an abstract thereof. A demonstration of such fire drill shall be given upon the request of an authorized representa- tive of the fire department of the city , village or town in which the factory is located, and , except in the city of New York, upon the request of the state fire marshal or any of his deputies. [Appropriate rules and regulations to make effective this pro- vision shall be prepared for the city of New York by the fire commissioner of such city, and for other parts of the state, by the state fire marshal. Such rules and regulations shall be posted on each floor of every factory to which they apply. In the city of New York the fire commissioner of such city, and elsewhere, the state fire marshal is charged with the duty of enforcing this section.] Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 9. An Act to amend the labor law, in relation to au- tomatic sprinklers. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section eighty- three b of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constitut- ing chapter thirty-one of the consolidated laws,” as amended by chapter three hundred and thirty-two of the laws of nineteen hundred and twelve, is hereby amended to read as follows : 32 § 83-b. Automatic Sprinklers. In every factory building heretofore erected over seven stories or over ninety feet in height in which wooden floor- ing or wooden trim is used and more than two hundred people are [regularly] employed above the seventh floor or more than ninety feet above the ground level of such building, and in every factory building hereafter erected over seven stories or over ninety feet in height in which wooden flooring or wooden trim is used and in which any manufacturing is carried on above the seventh floor , the owner of the building shall install a prop- erly constructed and effective automatic sprinkler system throughout the same. The sprinkler system shall have at least one automatic supply capable of furnishing water at a pressure of not less than fifteen pounds on the highest line of sprinklers. The ca- pacity of the automatic supply shall be ample to fur- nish water to at least twenty -five per centum of the sprinklers on any one floor for at least twenty min- utes at the average rate of twenty gallons per head per minute. Automatic sprinkler systems shall also be installed in all other factory buildings where the safety of the occupants requires them. The in- dustrialboard shall adopt rules and regulations for the installation of automatic sprinkler systems in such cases. The industrial board shall also have power to adopt rules and regulations establishing re- quirements and standards for automatic sprinkler systems in addition to the foregoing requirements and not inconsistent therewith. [The owner of the building shall install an automatic sprinkler system approved as to form and manner in the city of New York by the fire commissioner of such city, and elsewhere, by the state fire marshal. Such installation shall be made within one year after this section takes effect, but the fire commis- 33 sioner of the city of New York in such city and the state fire marshal elsewhere may, for good cause shown, extend such time for an additional year. A failure to comply with this section shall be a misdemeanor as provided by section twelve hun- dred and seventy-five of the penal law and the pro- visions hereof shall also be enforced in the city of New York by the fire commissioner of such city in the manner provided by title three of chapter fifteen of the Greater New York charter, and else- where by the state fire marshal, in the manner pro- vided by article ten-a of the insurance law.] Section 2. This act shall take effect October first, nineteen hundred and thirteen. BILL NO. 10 An Act to amend the labor law in relation to fire- escapes and exits in existing factories ; the future construction of factory buildings ; and the limitation of the number of occupants in factories. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . Article six of chapter thirty-six of the laws of nineteen hundred and nine, entitled 4 ‘An act relating to labor, constituting chapter thirty- one of the consolidated laws,” is hereby amended by inserting therein, after section seventy-nine, six new sections, to be sections seventy- nine-a, seventy-nine-b, seventy-nine-c, seventy-nine-d, seventy-nine-e and seventy-nine-f, to read as fol- lows: § 7 9 -a. Construction of factory buildings hereafter 34 erected. No factory shall be conducted in any building hereafter erected more than one story in height unless such building shall conform to the following requirements : 1. All buildings more than four stories in height shall be of fireproof construction. The roofs of all buildings shall be covered with incombustible ma- terial and the cornices shall be constructed of in- combustible material. All exterior walls within twenty-five feet of any other non-fireproof build- ing shall be not less than eight inches thick and shall extend three feet above the roof. 2. Floor area and required exits. The term floor area as used in this section signifies the entire space between fire walls, or between a fire wall and an ex- terior wall of a building, or between the exterior walls of the building where there is no intervening fire wall. From every floor area there shall be not less than two means of exit remote from each other, one of which shall be an interior enclosed fireproof stairway or an exterior enclosed fireproof stairway, and the other shall be such a stairway or a hori- zontal exit. No point in any floor area shall be more than one hundred feet distant from the entrance to one such means of exit. Whenever any floor area exceeds five thousand square feet there shall be provided at least one additional means of exit as hereinbefore described for each five thousand square feet or part thereof in excess of five thousand square feet. In every building over one hundred feet in height there shall be at least one exterior enclosed fireproof stairway which shall easily be accessible from any point in the building. 3. Stairways. All stairways shall be constructed of incombustible material and shall have an un- obstructed width of at least forty- four inches 35 throughout their length. There shall be not more than twelve feet six inches in height between land- ings. The treads shall be not less than ten inches wide exclusive of nosing, and the rise shall be not more than seven and three-fourths inches and the sum of the rise and tread shall be not less than seventeen and three-fourths inches. No stairway with “ winders” shall be allowed except as a connection from one floor to another. Every stairway shall have proper and substantial hand-rails. The treads shall be constructed and maintained in such manner as to prevent per- sons from slipping thereon. Every stairway and elevator shaft shall be enclosed on all sides by fireproof partitions extending continuously from the basement to three feet above the roof and the roof of the enclosure shall be constructed of fireproof material at least four inches thick with a skylight at least three-fourths the area of the shaft. All stairways serving as required meaus of exit shall extend to the roof and shall lead continuously to the street or to a fireproof passageway in- dependent of other means of exit from the build- ing, opening on a road or street, or to an open area affording unobstructed passage to a road or street. All stairways that extend to the top story shall be continued to the roof. Provision shall be made for the adequate lighting of all stairways by artificial light. 4. Doors and doorways. All doors shall open outwardly. The width of the hallways and exit doors leading to the street, at the street level, shall be not less than the aggregate width of all stairways leading to them. Every door leading to or opening on a stairway shall be of at least the same width as such stairway. 36 5. Partitions. All partitions in the interior of buildings of fireproof construction shall be of in- combustible material. 6. Openings to be enclosed. All elevator and dumb-waiter shafts, vent and light shafts, pipe and duct shafts, hoistways and all other vertical open- ings leading from one floor to another shall be en- closed throughout their height on all sides by en- closures of fireproof material. Every such enclosure shall have a roof of fireproof material and if the en- closure extends to the top story it shall be continued to three feet above the roof of the building and shall have a skylight at least three-fourths of the area of the opening. The bottom of the enclosure shall be of fireproof material unless the opening extends to the cellar bottom. All openings in such enclosures shall be provided with fireproof doors, except that openings in the enclosures of vent and light shafts shall be provided either with fireproof doors or with windows having metal frames and sash and wired glass where glass is used. 79-6. Requirements for existing buildings. No factory shall be conducted in any building hereto- fore erected unless such building shall conform to the following requirements : 1. Required exits. Every building over two stories in height shall be provided on each floor with at least two means of exit or escape from fire, remote from each other, one of which shall lead to or open on an interior stairway which in buildings over four stories in height shall be en- closed as hereinafter provided, or to an exterior en- closed fireproof stairway. The other shall lead to such a stairway; or to a horizontal exit ; or to an exterior screened stairway; or when, in the opin- ion of the industrial board the safety of the occu- 37 pants of the building would not be endangered thereby, to fire-escapes on the outside of the build- ing. No point on of any floor of such factory shall be more than one hundred feet distant from the entrance to one such means of exit. Whenever egress may be had from the roof to an adjoining or near-by structure, every stair- way serving as a required means of exit shall be extended to the roof. All such stairways shall extend to the first story and lead to the street, or to an unobstructed passageway leading to a street or road or to an open area affording safe passage to a street or road. 2. Stairway enclosures. All interior stairways serving as required means of exit in buildings more than four stories in height and the landings, plat- forms and passageways connected therewith shall be enclosed on all sides by fireproof partitions ex- tending continuously from the basement. Where a stairway extends to the top floor of a build- ing the fireproof partitions shall extend to three feet above the roof. The provisions of this sub- division shall not apply where, at the time this act takes effect, stairways are enclosed by partitions constructed in such manner and of such fire resist- ing material as may be approved by the commis- sioner of labor and the local authorities exercising supervision over the construction and alteration of buildings. In such cases, however, every opening- in the enclosing partitions shall be provided with fire doors. 3. Doors. Where five or more persons are em- ployed on any floor of a factory building every door on such floor leading to or opening on any means of exit shall open outwardly or slide freely. All exit doors in the first story, including the doors of the vestibule, shall open outwardly. 38 4. Fire-escapes. All outside fire-escapes shall be constructed of wrought iron or steel and shall be so designed, constructed and erected as to safely sus- tain on all platforms, balconies and stairways a live load of not less than ninety pounds per square foot with a factor of safety of four. Wherever practi- cable, a continuous run or straight run stairway shall be used. On every floor above the first there shall be balconies or landings embracing one or more easily accessible and unobstructed openings at each floor evel, connected with each other and with the ground by means of a stairway constructed as hereinafter provided and well fast- ened and secured. All openings leading to outside fire escapes shall have an unobstructed width of at least two feet and an unobstructed height of at least six feet and shall extend to the floor level or within six inches thereof, and shall be not more than seven inches above the floor of the fire-escape bal- cony. Such openings shall have metal frames and be provided with doors constructed of fireproof mate- rial with wired glass where glass is used. All win- dows opening upon the course of the fire-escape shall be fireproof windows. The balconies shall have an unobstructed width of at least four feet through- out their length and shall have a landing not less than twenty-four inches square at the head of every stairway. Except where the stairways reach and leave the balconies at the ends there shall be a pas- sageway between the stairway opening and the side of the building at least eighteen inches wide throughout. The stairway opening of the balconies shall be of a size sufficient to provide clear headway and shall be guarded on the long side by an iron railing not less than three feet in height. Each balcony shall be surrounded by an iron railing not less than three feet in height thoroughly and prop- 39 erly braced. The balconies shall be connected by- stairways not less than twenty-two inches wide placed at an incline of not more than forty-five de- grees, with steps of not less than eight-inch tread and not over eight-inch rise and provided with a hand-rail not less than three feet in height. The treads of such stairways shall be so constructed as to sus- tain a live load of four hundred pounds per step with a factor of safety of four. There shall be a similar stairway from the top floor balcony to the roof, except where the fire-escape is erected on the front of the building. A similar stairway shall also be provided from the lowest bal- cony to a safe landing place beneath, which stair- way shall remain down permanently or be arranged to swing up and down automatically by counter- balancing weights. When not erected on the front of the building, safe and unobstructed egress shall be provided from the foot of the fire-escape by means of an open court or courts or a fireproof passageway having an unobstructed width of at least three feet throughout leading to the street, or by means of an open area having communi- cation with the street ; such fireproof passageway shall be adequately lighted at all times and the lights shall be so arranged as to ensure their re- liable operation when through accident or other cause, the regular factory lighting is extinguished. 5. The provisions of subdivision four shall not apply where at the time this act takes effect there are outside fire-escapes with balconies on each floor of the building connected with stairways placed at an angle of not more than sixty degrees, provided that such existing outside fire-escapes have or shall be provided with the following : 40 A stairway leading from the top floor balcony to the roof, except where the fire-escapes are erected on the front of the building ; a stairway not less than twenty-two inches wide from the lowest bal- cony to a safe landing place beneath, which stair- way remains down permanently or is arranged to swing up and down by counter-balancing weights ; a safe and unobstructed exit to the street from the foot of such fire-escapes as provided in subdivision four hereof ; steps connecting the sill of every opening leading to the fire-escapes with the floor wherever such sill is more than three feet above the floor level ; and all openings leading to the fire-escapes provided with windows having metal frames and sash and with wired glass where glass is used, or with doors constructed in accordance with the requirements of subdivision four. § 79-c. Additional requirements common to build- ings heretofore and hereafter erected. No factory shall be conducted in any building unless such build- ing shall be so constructed, equipped and maintained in all respects as to afford adequate protection against fire to all persons employed therein, nor unless, in addition to the requirements of section seventy-nine-a in the case of a building hereafter erected or of section seventy-nine-b in the case of a building heretofore erected, such building shall con- form to the following requirements : 1. Stairways. Stairways shall be provided with proper and substantial hand-rails. Where the stairway is enclosed by fireproof partitions the bot- tom of the enclosure shall be of fireproof material at least four inches thick unless the fireproof parti- tions extend to the cellar bottom. All stairways that extend to the top story shall be continued to the roof. 41 2. Doors and windows. No door, window or other opening on any floor of a factory building shall be obstructed by stationary metal bars, grat- ing or wire mesh. Metal bars, grating or wire mesh provided for any such door, window or other opening shall be so constructed as to be readily movable or removable from both sides in such manner as to afford the free and unobstructed use of such door, window or other opening as a means of egress in case of need and they shall be left un- locked during working hours. Every door opening on a stairway or other means of exit shall so open as not to obstruct the passageway. A clearly painted sign marked “ exit ” in letters not less than eight inches in height shall be placed over all exits leading to stairways, elevators and other means of egress and in addition a red light shall be placed over all such exits for use in time of darkness. 3. Access to exits. There shall at all times be maintained continuous, safe, unobstructed passage- ways on each floor of the building, with an unob- structed width of at least three feet throughout their length leading directly to every means of egress, including outside fire-escapes and passenger elevators. All means of egress shall be maintained in an unobstructed condition. No door leading in to or out of any factory or any floor thereof shall be locked, bolted or fastened during working hours. 4. Regulation by industrial board. The industrial board shall have power to adopt rules and regu- lations and establish requirements and standards for construction, equipment and maintenance of factory buildings or of particular classes of factory buildings and the means and adequacy of exit therefrom in order to carry out the purposes of this 42 chapter in addition to the requirements of this sec- tion and of sections seventy-nine-a and seventy- nine-b, and not inconsistent therewith. § 79 d. Effect of foregoing provisions; inspection of buildings and approval of plans. 1. Effect of fore- going provisions. The requirements of sections seventy-nine-a, seventy-nine-b and seventy-nine-c are additional to and not in substitution for the re- quirements of any general or special law or local ordinance relating to the construction, equipment or maintenance of buildings. The provisions of sections seventy-nine-a, seventy-nine-b and seventy- nine-c shall supersede all provisions inconsistent therewith in any special law or local ordinance, and any provision of law or ordinance which gives power to any local officer to establish requirements inconsistent with the provisions of such sections and the rules and regulations adopted by the in- dustrial board under the provisions of this article. 2. Inspection of buildings. The officer of any city, village or town having power to inspect build- ings therein for the purpose of determining their conformity to the requirements of law or ordinance governing the construction thereof, shall, whenever requested by the commissioner of labor inspect any factory building therein and certify to the commis- sioner of labor in detail whether or not such build- ing conforms to the requirements of this chapter and the rules and regulations of the industrial board, and such certificate shall be filed in the office of the commissioner of labor and shall be presumptive evidence of the truth of the matters therein stated. 3. Approval of plans. Before construction or al- teration of a building in which it is intended to con- duct one or more factories, the plans and speeifica- 43 tions for such construction or alteration may be sub- mitted to the commissioner of labor and filed in his office in such form and with such information as may be required by him or by the rules and regula- tions of the industrial board, and if such plans and specifications comply with the requirements of this chapter and the rules and regulations of the indus- trial board, he shall issue his certificate approving the same, which certificate shall bear the date when issued. Whenever any certificate shall be issued by the commissioner of labor under this section the particulars of such certificate shall be recorded and indexed in the records of his office. Before issuing any such certificate the commissioner of labor may request the officer of the city, village or town in which such building is located having power to examine and pass upon plans for construc- tion of buildings with reference to their conformity to the requirements of law or ordinance governing the construction thereof, to examine such plans and specifications and to certify to the commissioner of labor whether or not such plans and specifications conform to the requirements of this chapter and the rules and regulations of the industrial board, and such officer shall thereupon make such examination and so certify in detail to the commissioner of labor and such certificate shall be filed in the office of the commissioner of labor and shall be presump- tive evidence of the truth of the matters therein stated. 4. Certificate of compliance. After such con- struction or alteration shall be completed, the com- missioner of labor shall, when requested by the owner or person filing such plans, ascertain by in- spection or in the manner provided in subdivision two of this section, whether such building conforms 44 to the requirements of this chapter and the rules and regulations of the industrial hoard ; and if he finds that it does conform thereto, shall issue his certificate to that effect, which shall bear the date when issued. § 79- e. Limitation of number of occupants. The number of persons who may occupy any factory building or portion thereof above the ground floor shall be limited to such a number as can safely escape from such building by the means of exit provided in the building. 1. In buildings hereafter erected no more than fourteen persons shall be employed or permitted or suffered to work on any one floor for every full twenty-two inches in width of stairway conforming to the requirements for a required means of exit except as to extension to the roof, provided for such floor. No allowance shall be made for any excess in width of less than twenty-two inches. 2. In buildings heretofore erected no more than fourteen persons shall be employed or permitted or suffered to work on any one floor for every eighteen inches in width of stairway provided for such floor and conforming to the requirements for a required means of exit except as to extension to the roof, and for any excess in width of less than eighteen inches, a proportionate increase in the num- ber of occupants shall be allowed. Where the in- dustrial board shall find that the safety of the occu- pants of any such building will not be endangered thereby, it may allow an increase in the number of occupants of any floor in such building to a number not greater than at the rate of twenty persons for every eighteen inches in width of such stairway pro- vided for such floor, with a proportionate increase 45 in the number of occupants for any excess in width of less than eighteen inches. 3. In any building for every additional sixteen inches over ten feet in height of any floor, one ad- ditional person may be employed thereon for every eighteen inches in width of stairway provided for such floor. 4. In any building, if any stairway is of the type known as “ winders,” the capacity of such stair- way shall be reckoned as ten per cent, less than the capacity of a straight stairway of the same width. 5. In any building where the stairways and stair- halls are enclosed in fireproof partitions or where, at the time this act takes effect, the stairways and stairhalls are enclosed in partitions of brick, terra-cotta blocks or reinforced concrete constructed in a manner approved by the fire commissioner and by the superintendent of buildings of the city of New York if in such city, or elsewhere in the state by the commissioner of labor and by the local authority, if any, having supervision over the construction and alteration of buildings, all open- ings in which enclosing partitions are or shall here- after be provided with fireproof doors, in either of such cases so many additional persons may be em- ployed on any floor as can occupy the enclosed stair- hall or halls on that floor, allowing three square feet of unobstructed floor space per person. 6. In any building where a horizontal exit is pro- vided on any floor such number of ipersons may be employed on such floor as can occupy the smaller of the two spaces on such floor on either side of the fire- proof partitions or fire walls, or as can occupy the floor of an adjoining or near-by building which is connected with such floor by openings in the wall 46 or walls between the buildings or by exterior bal- conies or bridges in addition to the occupants for such connected floor in such adjoining or near-by building, allowing three square feet of unobstructed floor space per person, provided that the partitions or walls or balconies through which the horizontal exit is provided to such other portion of the same building or to such adjoining or near-by building shall have doorways of sufficient width to allow eighteen inches in width of opening for each fifty persons or fraction thereof so permitted to be em- ployed on such floor. 7. In any building heretofore erected of fireproof construction, where any floor is subdivided by partitions of brick, terra cotta or concrete not less than four inches thick extending continuously from the fireproofing of the floor to the underside of the fireproofing of the floor above, with all open- ings protected by fireproof doors not less than forty inches nor more than sixty-six inches in width, and in which all the windows on such floor and on the two floors directly underneath are fireproof windows, such number of persons may be employed on such floor as can occupy the smaller of the two spaces on either side of such partitions, allowing three square feet of unobstructed floor space per person, provided there shall be on each side of said parti- tions at least one stairway conforming to the re- quirements for a required means of exit ; and provided further that such partitions have doorways of sufficient width to allow eighteen inches in width of openings for each fifty persons or fraction thereof so permitted to occupy such floor, and that such doorways shall be kept open and unobstructed dur- ing working hours. The provisions of this subdi- vision shall apply to any fireproof building hereto- 47 fore erected which may hereafter be made to con- form to the requirements of this section. 8. In any building the number of persons per- mitted to be employed on any one floor under the provisions of subdivisions one, two and three of this section may be increased fifty per centum where there is constructed, installed and maintained throughout the building an automatic sprinkler system conforming to the requirements of section eighty -three-b of this chapter and to the rules and regulations of the industrial board. 9. In any building, the number of persons who may be employed on any one floor shall in no event exceed such number as can occupy such floor, allow- ing thirty- six square feet of floor space per person if the building is not of fireproof construction, and thirty- two square feet of floor space per person if the building is of fireproof construction. 10. Posting. In every factory, two stories or over in height, the commissioner of labor shall cause to be posted notices specifying the number of persons that may occupy each floor thereof in ac- cordance with the provisions of this section. Every such notice shall be posted in a conspicuous place in every stairhall and workroom. If any one floor is occupied by more than one tenant, such notices shall be posted in the space occupied by each tenant. Every such notice shall bear the date when posted. § 79-f. Meaning of terms. The following terms when used in this article shall have the following meaning : 1. Fireproof construction. A building shall be deemed to be of fireproof construction if it conforms to the following requirements: All walls constructed of brick, stone, concrete or terra-cotta; all floors and 48 roofs of brick, terra-cotta or reinforced concrete placed between steel or reinforced concrete beams and girders; all the steel entering into the structural parts encased in at least two inches of fireproof ma- terial, excepting the wall columns, which must be en- cased in at least eight inches of masonry on the out- side and four inches on the inside; all stair- wells, ele- vator wells, public hallways and corridors enclosed by fireproof partitions with metal -covered doors, trim and sash; all stairways, landings, hall- ways and other floor surfaces of incombustible material; no woodwork or other combustible ma- terial used in any partition, furring, ceiling or floor ; and all window frames, doors and sash, trim and other interior finish of incombustible material ; all windows shall be fireproof windows except that in buildings under seventy feet in height fireproof windows are required only when within thirty feet of another building or opening on a court or space less than thirty feet wide ; ex- cept that in buildings under one hundred feet in height there may be wooden sleepers and floor finish and wooden trim, and except that in build- ings under one hundred and fifty feet in height heretofore constructed there may be wooden sleepers, floor finish and trim and the windows need not be fireproof windows, excepting when such windows are within thirty feet of another building. 2. Fireproof material is material which is incom- bustible and is capable of resisting the effect of fire in such manner and to such extent as to insure the safety of the occupants of the building. The in- dustrial board shall determine and in its rules and regulations shall specify what materials are fire- proof materials within the meaning hereof. 8. Incombustible material is material which will not burn or support combustion. 49 4. A fire wall is a wall constructed of brick, con- crete, porous terra-cotta blocks or reinforced stone concrete, and having at each floor level one or more openings each protected by fire doors so constructed as to prevent the spread of fire or smoke through the openings. In buildings of non-fireproof constru- tion fire walls shall be at least twelve inches in thickness and shall extend continuously from the the cellar floor through the entire building and at least three feet over the roof and be coped; except that walls heretofore erected not less than eight in- chess in thickness, but otherwise conforming to the requirements of this subdivision shall be considered fire walls within the meaning of this subdivision. No opening in such wall shall exceed sixty-six inches in width or sixty square feet in area, except that where openings not exceeding eight feet in width exist in fire walls heretofore erected, such walls may be considered fire walls within the meaning of this subdivision, and in the case of fire walls hereafter constructed no two openings in the same wall and at the same floor level shall be nearer than forty feet from the center of one opening to the center of another. Every opening in a fire wall shall be protected by a fire door closing auto- matically on each side of the wall. At every open- ing in the fire wall there shall be an incombustible floor finish extending over the floor for the full thick- ness of the wall so as to completely separate the woodwork of the floors on each side of the fire wall. In fireproof buildings the fire walls shall comply with the foregoing requirements in all respects ex- cepting that they may be of the thickness required by the provisions of this section with respect to fire- proof partitions; such fire walls and fireproof parti- tions shall be continuous, from the cellar floor to the under side of the fireproof roof. 50 5. Fireproof partitions shall be built of brick, concrete, reinforced concrete or porous terra-cotta blocks. When built of brick or concrete they shall be not less than eight inches in thickness for the uppermost forty feet, and shall increase four inches in thickness for each additional lower forty feet or part thereof ; or, when wholly supported by suitable steel framing at vertical intervals of not over forty feet, they may be eight inches in thickness throughout their entire height. When wholly supported at vertical inter- vals of not over twenty-five feet, and built of porous terra-cotta blocks, they shall be not less than six inches in thickness and when so supported and built of reinforced stone concrete, they shall be not less than four inches in thickness. The supporting steel framework shall be properly encased on all sides by not less than two inches of fireproof material, securely fastened to the steel work. All openings in such partitions shall be provided with fire doors. 6. Fire doors. Fire doors shall be metal cov- ered doors, or doors of such other material as shall be specified in the rules and regulations of the industrial board. They shall be provided with self-closing devices and have incombustible sills. The industrial board shall determine, and in its rules and regulations shall specify, the material and mode and manner of construction and erection of such doors. 7. Fireproof windows shall be windows constructed of metal frames and sash and provided with wired glass and of the automatic, self-closing type. 8. Exterior enclosed fireproof stairways shall consist of a stairway completely enclosed from top to bottom by walls of fireproof material not less than eight inches thick extending from the side- 51 walk, court or yard level to the roof, and with walls extending above the roof so as to form a bulkhead. The stairway shall in all other respects conform to the requirements of this article in regard to enclosed stairways. There shall be no opening in any wall separating the exterior enclosed fireproof stairway from the building. Access shall be provided to the stairway from every floor of the building by means of an outside balcony or vestibule of steel, iron or masonry. Every such bal- cony or vestibule shall have an unobstructed width of at least forty-four inches and shall be provided with a fireproof floor and a railing of incombustible material not less than three feet high. Access to such balconies from the building and to the stairway from the balconies, shall be by means of fire doors. The level of the balcony floor shall be not more than seven inches below the level of the door sill of the building. The doors shall be not less than forty- four inches wide and shall swing outward onto the balcony and inward from the balcony to the stairway, and shall be pro- vided with locks or latches with visible fasten- ings requiring no key to open them in leaving the building. The landings in such stairway shall be of such width that the doors in opening into the stairway shall not reduce the free passageway of the landings to a width less than the width of the stairs. Every such stairway shall be provided with a proper lighting system which shall furnish ade- quate light and shall be so arranged as to ensure its reliable operation when, through accident or other cause, the regular factory lighting is extin- guished. The balconies giving access to such stair- ways shall be open on at least one side upon an open space not less than one hundred square feet in area. 9. Horizontal exit. A horizontal exit shall 52 by an opening not less than forty-four inches wide, protected by fire doors, through a fire wall in any building, or through a wall or walls be- tween two buildings, or a fireproof partition in the case of a building of fireproof construction, which doors shall continuously be unlocked and the open- ing unobstructed whenever any person is em- ployed on either side of the opening. Exterior bal- conies and bridges not less than forty-four inches in width connecting two buildings and not having a gradient of more than one foot fall in six, may also be counted as horizontal exits when the doors opening out uponsaid balconies or bridges are fire- proof doors and are level with the floors of the building, and when all doors of both buildings opening on such balconies or bridges are conti- nuously kept unlocked and unobstructed when- ever any person is employed on either side of the exit, and when such balconies or bridges are built of incombustible material and are capable of sustaining a live load of not less than ninety pounds per square foot with a factor of safety of four ; and when such balconies or bridges are enclosed on all sides to a height of not less than six feet and on top and bottom by fireproof material, unless all windows or openings within thirty feet of such balconies in the connected buildings shall be encased in metal frames and sash and shall have wired glass where glass is used. In any case there shall be on each side of the wall or partition containing the hori- zontal exit and independent of said horizontal exit, at least one stairway conforming to the requirements for a required means of exit. 10. Exterior screened stairways used as one of the required means of exit in existing buildings shall 53 be built of incombustible material. The risers of the stairs shall be not more than seven and three- quarters inches in height and the treads not less than ten inches wide. On each floor there shall be a balcony connecting with the stairs. Ac- cess to the balconies shall be by means of fire doors that shall open outwardly, so as not to obstruct the passageway, or slide freely and shall extend to the floor level. All windows or other openings opening upon the course of such stairs shall be fireproof. The level of the balcony floor shall not be more than seven inches below the level of the door sill. The stairs shall continue from the roof to the ground level, and there shall be independent means of exit from the bottom of such stairs to the street or to an open court or to a fireproof enclosed passageway leading to the street or to an open area having communication with the street or road. The bal- conies and stairs shall be enclosed in a screen of incombustible material. 11. The provisions of subdivisions four to ten in- clusive of this section shall apply to all buildings hereafter erected and to all construction hereafter made in buildings heretofore erected. The indus- trial board shall adopt rules and regulations regu- lating construction heretofore made in buildings heretofore erected requiring compliance with such of the requirements of the said subdivisions or with such other or different requirements as said board may find to be reasonable and adequate to protect persons employed in such buildings against fire. Section 2. Sections eighty, eighty-two and eighty- three of such chapter are hereby repealed. Section 3. This act shall take effect October first, nineteen hundred and thirteen. 51 BILL NO. 11. An Act to amend the Greater New York Charter, in relation to the better prevention of fires. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . Section seven hundred and seventy- four of the Greater New York Charter, as added by chapter eight hundred and ninety-nine of the laws of nineteen hundred and eleven, is hereby amended to read as follows: §774. The Commissioner shall enforce all laws and ordinances and the rules and regulations of the industrial hoard of the department of labor in respect of 1. The prevention of fires; 2. The storage, sale, transportation or use of combustibles, chemicals and explosives; 3. The installation and maintenance of auto- matic or other fire-alarm systems and fire ex- tinguishing equipment; 4. The means and adequacy of exit, in case of fire, from all buildings, structures, enclosures, ves- sels, places and premises in which numbers of per- sons work, live, or congregate from time to time for any purpose except tenement houses ; and except factories as defined by the labor law. 5. The investigation of the cause, circumstances and origin of fires and the suppression of arson. Section 2. Subdivisions two and three of section seven hundred and seventy-five of the Greater New York Charter, as added by chapter eight hundred and ninety-nine of the laws of nineteen 55 hundred and eleven, are hereby amended to read as follows : 2. Order, in writing, the remedying of any con- dition found to exist in, on or about any building, structure, enclosure, vessel, place or premises, ex- cept tenement houses, and except factories as de- fined by the labor law , in violation of any law or ordinance in respect to fires or to the prevention of fires, except the tenement-house law. 3. Require, in writing, the installation, as pre- scribed by any law or ordinance or by the rules and regulations of the industrial board of the depart- ment of labor , in any building, structure or en- closure of automatic or other fire-alarm system or fire extinguishing equipment and the maintenance and repair thereof, or the construction, as pre- scribed by any law or ordinance, of adequate and safe means of exit from all buildings and struc- tures except tenement houses and except factories as defined by the labor law. Section 3. Section seven hundred and seventy- seven of the Greater New York Charter as added by chapter eight hundred and ninety-nine of the laws of nineteen hundred and eleven is hereby amended to read as follows : §777. The owner, lessee or occupant of any build- ing, structure, vessel, enclosure, place or prem- ises affected by any order of the department, or his agent, may make written demand upon the com- missioner for a survey of such building, struc- ture, vessel, enclosure, place or premises to deter- mine whether or not such order is valid and reason- able, which demand for survey must be served upon the commissioner or one of his deputies, or a mem- ber of the uniformed force of the department, if per- 5(> sonal service cannot be made upon the commissioner or one of his deputies, within forty-eight hours, Sun- days and holidays excluded, after the service of the order referred to in such demand. A demand for survey served upon a deputy commissioner or a member of the uniformed force of the department shall be forthwith transmitted to the commis- sioner. Upon receipt of a demand for a survey the commissioner shall immediately issue an order for the same, naming therein three persons to act as surveyors, one of whom shall be an officer or an employee of the bureau of fire prevention or a member of the municipal explosives commission ; another shall be an architect or builder of at least ten years’ experience, nominated by the person demanding the survey , and the third person to be chosen by the fire commissioner from a list to be furnished by the [board of fire underwriters] New York Chapter of the American Institute of Architects , if the premises be in the borough of Manhattan , the Bronx or Richmond , or by the Brooklyn Chapter of the American Institute of Architects , if the premises be in the borough of Brooklyn or Queens , or by the American Society of Civil Engineers , or provided by the commis- sioner, with the approval of the mayor, in the event [of the board of fire underwriters] that such chapter or such society shall not furnish such list. If the person demanding the survey neglects or refuses to appoint such surveyor , the other two surveyors may make such survey ; and in case of disagreement of the latter they may ap- point a third person to take part in such survey who shall also be an architect or builder of at least ten years' experience. Section 4. Section seven hundred and seventy- 57 five-aof the Greater New York Charter as added by chapter four hundred and fifty-eight of the laws of nineteen hundred and twelve is hereby repealed. Section 5. This act shall take effect immediately. bill no. 12. An Act to amend the labor law, in relation to the employment of children under fourteen years in or for a factory, the definition of factory building and the definition of tenement house. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section two of chapter thirty- six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty- one of the consolidated laws,” is hereby amended to read as follows : § 2. Definitions. Employee. The term “ em- ployee,” when used in this chapter, means a mechanic, workingman, or laborer who works for another for hire. Employer. The term “ employer,” when used in this chapter, means the person employing any such mechanic, workingman or laborer, whether the owner, proprietor, agent, superintendent, fore- man or other subordinate. Factory ; work for a factory. The term ‘ ‘ fac- tory,” when used in this chapter, shall be construed to include [also] any mill, workshop, or other manu- facturing or business establishment and all build- ings , sheds , structures or other places used for or in connection therewith, where one or more per- 58 sons are employed at labor. Work shall he deemed to he done for a factory within the meaning of this chapter whenever it is done for the use of a fac- tory , whether under contract or arrangement with any person in charge of or connected with such factory directly or indirectly through the instru- mentality of one or more contractors or other third persons. Factory building. The term ‘ ‘ factory building when used in this chapter , means any building , shed or structure ivhich , or any part of ivhich , is occupied by or used for a factory. Mercantile establishment. The term “ mercan- tile establishment, ” when used in this chapter, means any place where goods, wares or merchan- dise are offered for sale. Tenement house. The term “ tenement house,” when used in this chapter, means any house or building, or portion thereof, which is either rented, leased, let or hired out, to be occupied, or is occu- pied in whole or in part as the home or residence of three families or more living independently of each other, and doing their cooking upon the premises, and [having a common right in the halls, stairways, yards, water closets or privies, or some of them,] includes apartment houses , flat houses and all other houses so occupied , and for the purposes of this chapter shall be construed to include any build- ing on the same lot with any [dwelling] such tene- ment house and which is used for any of the purposes specified in section one hundred of this chapter. Whenever, in this chapter, authority is conferred upon the commissioner of labor, it shall also be deemed to include his deputies or a deputy acting under his direction. Section 2. Section seventy of such chapter is hereby amended to read as follows : 59 Section 70. Employment of minors. No child under the age of fourteen years shall be employed, permitted or suffered to work in or in connection with any factory in this stat e[.], or/or any factory at any place in this state . No child between the ages of fourteen and sixteen years shall be so em- ployed, permitted or suffered to work unless an em- ployment certificate, issued as provided in this article, shall have been theretofore filed in the office of the employer at the place of employment of such child. Nothing herein contained shall prevent a person engaged in farming from permitting his children to work for him upon his farm in gath- ering the produce thereof. Section 3. This act shall take effect immediately. bill no. 13. An Act to amend the labor law, in relation to the manufacture of articles in tenement houses. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Article seven of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty-one of the consolidated laws,” is hereby amended to read as follows: <>o ARTICLE 7. Tenement-made Articles. Sec. 100. Manufacturing, altering, repairing or fin- ishing articles in tenements. 101. Register of persons to whom work is given; identification label. 102. Goods unlawfully manufactured to be labelled. 103. Powers and duties of boards of health relative to tenement made articles. 104. [Inspection of articles manufactured in other states.] Manufacture of certain articles in tenements prohibited. 105. Owners of tenement [and dwelling] houses not to permit the unlawful use thereof. 106. Factory permits. Sec. 100. Manufacturing, Altering, Repair- ing or Finishing Articles in Tenements. 1. No tenement house nor any part thereof shall be used for the purpose of manufacturing, altering, repairing or finishing therein, any [coats, vests, knee-pants, trousers, overalls, cloaks, hats, caps, suspenders, jerseys, blouses, dresses, waists, waist- bands, underwear, neckwear, furs, fur trimmings, fur garments, skirts, shirts, aprons, purses, pocket- books, slippers, paper boxes, paper bags, feathers, artificial flowers, cigarettes, cigars, umbrellas, or articles of rubber, nor for the purpose of manufac- turing, preparing or packing macaroni, spaghetti, ice-cream, ices, candy, confectionery, nuts or pre- serves] articles whatsoever without a license there- 61 for as provided in this article. But nothing herein contained shall apply to collars, cuffs, shirts or shirt waists made of cotton or linen fabrics that are subjected to the laundrying process before being offered for sale for sale. 2. Application for such a license shall be made to the commissioner of labor by the owner of such tenement house, or by his duly authorized agent. Such application shall describe the house by street number or otherwise, as the case may be, in such manner as will enable the commissioner of labor easily to find the same ; it shall also state the num- ber of apartments in such house ; it shall contain the full name and address of the owner of the said house, and shall be in such form as the commis- sioner of labor may determine. Blank applications shall be prepared and furnished by the commissioner of labor. 3. Upon receipt of such application the commis- sioner of labor shall consult the records of the local health department or board, or other appropriate local authority charged with the duty of sanitary inspection of such houses ; if such records show the presence of any infectious, contagious or communi- cable disease, or the existence of any uncomplied- with order or violations which indicate the presence of unsanitary conditions in such house, the com- missioner of labor may, without making an inspection of the building, deny such appli- cation for a license, and may continue to deny such application until such time as the records of said department, board or other local authority show that the said tenement- house is free from the presence of infectious, con- tagious or communicable disease, and from all un- sanitary conditions. Before, however, any such 62 license is granted, an inspection of the building sought to be licensed must be made by the commis- sioner of labor, and a statement must be filed by him as a matter of public record, to the effect that the records of the local health department or board or other appropriate authority charged with the duty of sanitary inspection of such houses show the existence of no infectious, contagious or communi- cable disease nor of any unsanitary conditions in the said house; such statement must be dated and signed in ink with the full name of the employee responsible therefor. A similar statement simi- larly signed, showing the results of the inspec- tion of the said building, must also be filed in the office of the commissioner of labor before any license is granted. If the commissioner of labor ascertain that such building is free from infectious, contagious or communicable disease, that there are no defects of plumbing that will permit the [free] entrance of sewer air, that such building is in a clean and proper sanitary condition and that [the] articles [specified in this section] may be manufac- tured therein under clean and healthful conditions, he shall grant a [license permitting the use of such building, for the purpose of manufacturing^ alter- ing, repairing or finishing such articles]. 4. Such license may be revoked by the commis- sioner of labor if the health of the community or of the employees requires it, or if the owner of the said tenement-house, or his duly authorized agent, fails to comply with the orders of the commis- sioner of labor within ten days after the receipt of such orders, or if it appears that the building to which such license relates is not in a healthy and proper sanitary condition, or if children are employed therein in violation of section seventy of this chap- ter. In every case where a license is revoked or denied by the commissioner of labor the reasons therefor shall be stated in writing, and the records of such revocation or denial shall be deemed public records. Where a license is revoked, before such tenement- house can again be used for the purposes specified in this section, a new license must be obtained, as if no license had previously existed. 5. Every tenement-house and all the parts thereof in which any [of the] articles [named in this section] are manufactured, altered, repaired or finished shall be kept in a clean and sanitary condition and shall be subject to inspection and examination by the commissioner of labor, for the purpose of ascertain- ing whether said garments or articles, or part or parts thereof, are clean and free from vermin and every matter of an infectious or contagious nature. An inspection shall be made by the commissioner of labor of each licensed tenement-house not less than once in every six months, to determine its sani- tary condition, and shall include all parts of such house and the plumbing thereof. Be- fore making such inspection the commissioner of labor may consult the records of the local department or board charged with the duty of sanitary inspection of tenement-houses, to determine the frequency of orders issued by such department or board in relation to the said tenement-house, since the last inspection of such building was made by the commissioner of labor. Whenever the commissioner of labor finds any unsanitary condition in a tenement house for which a license has been issued as provided in this section, he shall at once issue an order to the owner thereof direct- ing him to remedy such condition forthwith. When- ever the commissioner of labor finds any [of the] articles [specified in this section] manufactured, altered, repaired or finished, or in process thereof, in a room or apartment of a tenement house, and such room or apartment is in a filthy condi- tion, he shall notify the tenants thereof to immedi- ately clean the same, and to maintain it in a cleanly condition at all times ; where the commissioner of labor finds such room or apartment to be habitually kept in a filthy condition, he may in his discretion cause to be affixed to the entrance door of such apartment a placard calling attention to such facts and prohibiting the manufacture, alteration, repair or finishing of [said] any articles therein. No per- son, except the commissioner of labor, shall remove or deface any such placard so affixed. 6. [None of the] No articles [specified in this sec- tion] shall be manufactured, altered, repaired or finished in any room or apartment of a tenement- house where there is or has been a case of infec- tious, contagious or communicable disease in such room or apartment, until such time as the local de- partment or board of health shall certify to the commissioner of labor that such disease has ter- minated, and that said room or apartment has been properly disinfected, if disinfection after such disease is required by the local ordinances, or by the rules or regulations of such department or board. [None of the] No articles [specified in this section] shall be manufactured, altered, repaired or finished in a part of a cellar or basement of a tenement-house, which is more than one-half of its height below the level of the curb or ground outside of or adjoining the same; but this prohibi- tion shall not apply to the use for a bakery of a cellar for which a certificate of exemption is issued under Sec. 116 of this chapter. No person shall hire, employ or contract with any person to manu- facture, alter, repair or finish any [of the] articles [named in this section] in any room or apartment in any tenement-house not having a license there- for issued as aforesaid. [None of the] No articles 65 [specified in this section] shall be manufactured, altered, repaired or finished in any room or apart- ment of a tenement-house unless said room or apart- ment shall be well lighted and ventilated and shall contain at least five hundred cubic feet of air space for every person working therein, or by any person other than the members of the family living therein ; except that in licensed tenement-houses persons not members of the family may be em- ployed in apartments on the ground floor or second floor, used only for shops of dressmakers who deal solely in the custom trade direct to the consumer, provided that such apartments shall be in the opin- ion of the commissioner of labor in the highest de- gree sanitary, well lighted, well ventilated and plumbed, and provided further that the whole number of persons therein shall not exceed one to each one thousand cubic feet of air space, and that there shall be no children under fourteen years of age living or working therein ; before any such room or apartment can be so used a special permit therefor shall be issued by the commissioner of labor, a copy of which shall be entered in his public records with a statement of the reasons therefor. Nothing in this section contained shall prevent the employment of a tailor or seamstress by any person or family for the purpose of making, altering, repairing or finishing any article of wearing ap- parel for the use of such person or family. Nor shall this section apply to a house if the only [work] manufacturing therein [on the articles herein speci- fied] be carried on in a shop on the main or ground floor thereof with a separate entrance to the street, unconnected with living rooms and entirely separate from the rest of the building by closed partitions without any openings whatsoever and not used for sleeping or cooking. GG §101. Register of persons to whom work is given; identification label. — [Persons] Every employer in any factory contracting for the manufacturing, altering repairing or fin- ishing of any [of the] articles [mentioned in section one hundred of this article] in a tenement- house or giving out material from which they or any part of them are to be manufactured, altered, repaired or finished, in a tenement-house, shall keep a register of the names and addresses plainly writ- ten in English of the persons to whom such articles or materials are given to be so manufactured, altered, repaired or finished or with whom they have con- tracted to do the same, and shall issue with all such articles or materials a label bearing the name of such factory. It shall be incumbent upon [all persons con- tracting for the manufacturing, altering, repairing or finishing of any of the articles speciried in section one hundred of this article or giving out material from which they or any part of them are to be manu- factured, altered, repaired or finished,] every such employer before giving out [the same] any such articles or materials to ascertain from the office of the commissioner of labor whether the tenement- house in which such articles or materials are to be manufactured, altered, repaired or finished, is licensed as provided in this article, and also to ascertain from the local department or board of health the names and addresses of all persons then sick of any infectious, contagious or communicable disease, and residing in tenement-houses ; and none of the said articles nor any material from which they or any part of them are to be manufactured, altered, repaired or finished shall be given out or sent to any person residing in a tenement-house that is not licensed as provided in this article, or to any person residing in a room or apartment in 67 whicli there exists any infectious, contagious or communicable disease. The register mentioned in this section shall be subject to inspection by the commissioner of labor, and a copy thereof shall be furnished on his demand as well as such other in- formation as he may require. The label mentioned in this section shall be exhibited on the demand of the commissioner of labor at any time while said articles or materials remain in the tenement -house. §102. Goods unlawfully manufactured to be la- beled. — Articles manufactured, altered, repaired or finished in a tenement house contrary to the provi- sions [of section one hundred] of this chapter shall not be sold or exposed for sale by any person. The commissioner of labor may conspicuously affix to any such article found to be unlawfully manufac- tured, altered, repaired or finished, a label containing the words “ tenement made [clothes],” printed in small pica capital letters on a tag not less than four inches in length, or may seize and hold such article until the same shall be disinfected or cleaned at the owner’s expense, or until all provisions of this chap- ter are complied with. The commissioner of labor shall notify the person stated by the person in pos- session of said article to be the owner thereof, that he has so labeled or seized it. No person except the commissioner of labor, or a local board of health in a case provided for in section one hun- dred and three , shall remove or deface any tag or label so affixed. Unless the owner or person en- titled to the possession of an article so seized shall provide for the disinfection or cleaning thereof within one month thereafter it may be destroyed. § 103. Powers and duties of boards of health rela- tive to tenement-made articles . — If the commissioner of labor finds evidence of disease present in [a work- 68 shop or in] a room or apartment in a tenement- house [or dwelling house] in which any [of the] articles [named in section one hundred of this chap- ter] are manufactured, altered, repaired or finished or in process thereof, he shall affix to such articles the label prescribed in the preceding section, and immediately report to the local board of health, who shall disinfect such articles, if necessary, and there- upon remove such label. If the commissioner of labor finds that infectious or contagious diseases exist in a [workshop,] room or apartment of a tene- ment [or dwelling] house in which any [of the] articles [specified in section one hundred of this chapter] are being manufactured, altered, re- paired or finished, or that articles manufac- tured or in process of manufacture therein are infected or that goods used therein are unfit for use, he shall report to the local board of health. The local health department or board in every city, town and village whenever there is any infectious, contagious or communicable disease in a tenement- house shall cause an inspection of such tenement- house to be made within forty-eight hours. If any [of the] articles [specified in section one hun- dred of this chapter] are found to be manufac- tured, altered, repaired or finished, or in process thereof in an apartment in which such disease ex- ists, such board shall issue such order as the public health may require, and shall at once report such facts to the commissioner of labor, furnishing such further information as he may require. Such board may condemn and destroy all such infected article or articles manufactured or in the process of manu- facture under unclean or unhealthful conditions. The local health department or board or other appropriate authority charged with the duty of sanitary inspection of such houses in every city, 69 town and village shall, when so requested by the commissioner of labor, furnish copies of its records as to the presence of infectious, contagious or com- municable disease, or of unsanitary conditions in said houses ; and shall furnish such other informa- tion as may he necessary to enable the commis- sioner of labor to carry out the provisions of this article. § 104. [Inspection of articles manufactured in other states.] Manufacturing of certain articles in tenements prohibited. [Whenever it is reported to the commissioner of labor that any of the articles named in section one hundred of this chapter are being shipped into this state, having previously been manufactured in whole or in part under un- clean, unsanitary or unhealthy conditions, said commissioner shall examine said articles and the conditions of their manufacture, and if upon such examination said goods or any part of them are found to contain vermin or to have been manu- factured in improper places or under unhealthy con- ditions, he shall forthwith affix to them the tax or label hereinbefore described and report to the local board of health, which board shall thereupon make such order or orders as the public safety may re- quire.] No article of food , no dolls or dolls' clothing and no article of children's or infants' wearing ap- parel shall be manufactured, altered, repaired or finished , in whole or in part , for a factory, either directly or through the instrumentality of one or more contractors or other third person, in a tene- ment house , in any portion of an apartment , any part of which is used for living purposes. § 105. Owners of tenement [and dwelling] houses not to permit the unlawful use thereof. The owner or agent of a tenement-house [or dwelling 70 house] shall not permit the use thereof for the manu- facture, repair, alteration or finishing of any [of the] articles [mentioned in this article] contrary to [its] the provisions of this chapter. If a room or apart- ment in such tenement-house [or dwelling house] be so unlawfully used, the commissioner of labor shall serve a notice thereof upon such owner or agent. Unless such owner or agent shall cause such unlawful manufacture to be discontinued within ten days after the service of such notice, or within fifteen days thereafter institutes and faith- fully prosecutes proceedings for dispossession of the occupant of a tenement-house, [or dwelling house,] who unlawfully manufactures, repairs, alters or finishes [such] any articles therein, he shall be deemed guilty of a violation of this [article, ] chapter as if he, himself, was engaged in such unlawful manufacture, repair, alteration or finishing. The unlawful manufacture, repair, alteration or finish- ing of any [of such] articles by the occupant of a room or apartment of a tenement-house [or dwell- ing] shall be a cause for dispossessing such occupant by summary proceedings to recover possession of real property, as provided in the code of civil pro- cedure. § 106. Factory permits. The owner of every fac- tory for which any articles are manufactured in any tenement house shall secure a permit there- for from the commissioner of labor who shall issue such permit to any such owner applying therefor. Such permit may be revoked or suspended by the commissioner of labor whenever any provision of this article or of section seventy of this chapter is violated in connection with any work for such fac- tory. Such permit may be reissued or reinstated in the discretion of the commissioner when such violation has ceased. No articles shall be manu- 71 factured in any tenement house for any factory for which no permit has been issued or for any fac- tory whose permit is suspended or revoked. A complete list of all factories holding such permits , together with the name of the owner of each such factory , the address of the busi- ness and the name under which it is carried on, and of all tenement houses holding licenses , and a list of all permits and licenses revoked or suspended shall be published from time to time by the depart- ment of labor. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 14. An Act to amend the labor law, in relation to the employment of women in canning establish- ments. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Subdivision three of section seventy * seven of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty-one of the con- solidated laws,” as amended by chapter five hun- dred and thirty-nine of the laws of nineteen hun- dred and twelve, is hereby amended to read as follows : 3. No female minor under the age of twenty- one years and no woman shall be employed or per- mitted to work in any factory in this state [before six o’clock in the morning, or after nine o’clock in the evening of any day, or] more than six days or fifty-four hours in any one week; nor for more than 72 nine hours in any one day except as hereinafter provided. No female minor under the age of twenty- one years shall he employed or permitted to work in any factory in this state before six o’clock in the morning or after nine o’clock in the evening of any day. Section 2. Subdivisions two and three of section seventy-eight of such chapter, as amended by chapter five hundred and thirty-nine of the laws of nineteen hundred and twelve, are hereby amended to read as follows : 2. The provisions of subdivision [s] two [and three] of section seventy-seven relating to maximum hours shall not apply to the employment of [women and] male minors sixteen years of age and upwards in canning or preserving perishable products in fruit and canning establishments between the fifteenth day of June and the fifteenth day of October each year. 3. A female eighteen years of age or upwards may , notwithstanding the provisions of subdivi- sion three of section seventy-seven of this chapter , be employed in canning or preserving perishable products in fruit and canning establishments be- tween the fifteenth day of June and the fifteenth day of October in each year nor more than six days or sixty hours in any one week nor more than ten hours in any one day ; and the industrial board shall have power to adopt rules and regulations permitting the employment of women eighteen years of age and upwards on such work in such establishments be- tween the twenty-fifth day of June and the fifth day of August in each year not more than six days nor more than sixty-six hours in any one week nor more than twelve hours in any one day , if said board shall find that such employment is required 73 by the needs of such industry and can be per- mitted without serious injury to the health of women so employed . The provisions of this subdivision shall have no application unless the daily hours of labor shall be posted for the information of employees and a time book in a form approved by the commissioner of labor , giving the names and addresses of all female employees and the hours of work by each of them in each day shall be prop- erly and correctly kept and shall be exhibited to him or any of his subordinates promptly upon de- mand. Section 3. Subdivision three of said section seventy-eight is hereby renumbered subdivision four. Section 4. This act shall take effect immediately. bill no. 15. An Act to amend the labor law, in relation to the housing of factory employees. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Chapter thirty-six of the laws of nine- teen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty-one of the con- solidated laws,” is hereby amended by inserting therein after section ninety-seven, a new section to be known as section ninety-eight, to read as follows: §98. Housing of factory employees. It shall be the duty of every employer in any such factory to maintain such living quarters and every part thereof in a thoroughly sanitary condition. The industrial board shall have power to make rules and regula- tions to provide for the sanitation of such living quarters. The commissioner of labor may enter 74 and inspect any living quarters provided for its em- ployees by any factory either directly or through any third person by contract or otherwise. Section 2. This act shall take effect immediately. BILL NO. 16 An Act to amend the Labor Law in relation to the physical examination of children employed in factories and cancellation of their employment certificates because of physical unfitness. The People of the State of New York, repre- sented in Senate an 1 Assembly, do enact as fol- lows : Section 1 . Chapter thirty-six of the laws of nineteen hundred and nine, entitled ‘‘An act re- lating to labor, constituting chapter thirty-one of the consolidated laws,” is hereby amended by inserting therein, after section seventy-six, a new section, to be section seventy-six-a, and to read as follows : §76a. Physical examination of children in fac- tories; cancellation of employment certificates. 1. All children between fourteen and sixteen years of age employed in factories shall submit to a physical examination whenever required by a medical in- spector of the state department of labor. The result of all such physical examinations shall be recorded on blanks furnished for that purpose by the com- missioner of labor, and shall be kept on file in such office or offices of the department as the commis- sioner of labor may designate. 2. If any such child shall fail to submit to such physical examination, the commissioner of labor may issue an order cancelling such child’s 75 employment certificate. Such order shall be served upon the employer of such child who shall forthwith deliver to an authorized representative of the department of labor the child’s employment certifi- cate. A certified copy of the order of cancellation shall be served on the board of health or other local authority that issued the said certificate. No such child whose employment certificate has been can- celled, as aforesaid, shall, while said cancellation remains unrevoked, be permitted or suffered to work in any factory of the state before it at- tains the age of sixteen years. If thereafter such child shall submit to the physical exam- ination required, the commissioner of labor may issue an order revoking the cancellation of the employment certificate and may return the em- ployment certificate to such child. Copies of the order of revocation shall be served upon the former employer of the child and the local board of health as aforesaid. 3. If as a result of the physical examination made by a medical inspector it appears that the child is physically unfit to be employed in a fac- tory, such medical inspector shall forthwith sub- mit a report to that effect to the commissioner of labor which shall be kept on file in the office of the commissioner of labor, setting forth in detail his rea- sons therefor, and the commissioner of labor may issue an order canceling the employment certificate of such child. Such order of cancellation shall be served, and the child’s employment certificate de- livered up, as provided in subdivision two hereof, and no such child while the said order of cancellation re- mains unrevoked shall be permitted or suffered to work in any factory of the state before it attains the age of sixteen years. If upon a subsequent physical examination of the child by a medical inspector of 76 the department of labor it appears that the physical infirmities have been removed, such medical in- spector shall certify to that effect to the commis- sioner of labor, and the commissioner of labor may thereupon make an order revoking the cancellation of the employment certificate and may return the certificate to such child. The order of revocation shall be served in the manner provided in subdi- vision two hereof. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 17. An Act to amend the labor law, in relation to employment certificates: The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Subdivision (e) of section one hun- dred and sixty-three of chapter thirty- six of the laws of nineteen hundred and nine, entitled “An Act relating to labor, constituting chapter thirty- one of the consolidated laws,” is hereby amended to read as follows : (e) Physicians’ certificates. In cities of the first class only, in case application for the issuance of an employment certificate shall be made to such officer by a child’s parent, guardian or custodian who alleges his inability to produce any of the evidence of age specified in the preceding subdivisions of this section, and if the child is apparently at least fourteen years of age, such officer may receive and file an application signed by the parent, guardian or custodian of such child for physicians’ certifi- cates. Such application shall contain the alleged 77 age, place and date of birth, and present residence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed for not less than ninety days after date of such application for such physicians’ certificates, for an examination to be made of the statements contained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any material statement of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before two physicians officially designated by the board of health, and in case such physicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least fourteen years of age such officer shall accept such certificates as suffi- cient proof of the age of such child for the purposes of this section. In case the opinions of such physicians do not concur, the child shall be examined by a third physician and the concurring opinions shall be conclusive for the purpose of this section as to the age of such child. Such officer shall require the evidence of age spe- cified in subdivision (a) in preference to that spe- cified in any subsequent subdivision and shall not accept the evidence of age permitted by any subse- quent subdivision unless he shall receive and file in addition thereto an affidavit of the parent showing that no evidence of age specified in any preceding subdivision or subdivisions of this section can be produced. Such affidavit shall contain the age, place and date of birth and present residence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to adminster such oath, and who shall not demand or receive a fee 78 therefor. Such employment certilicate shall not be issued until such child shall fur- ther have personally appeared before and been examined by the officer issuing the certificate, and until such officer shall, after making such ex- amination, sign and file in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is fourteen years of age or up- wards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it in- tends to do. [In doubtful cases such physical fit- ness shall be determined by a medical officer of the board or department of health.] In every case , before an employment certificate is issued , such physical fitness shall be determined by a medical officer of the department or board of health , who shall make a thorough physical examination of the child and record the result thereof on a blank to be furnished for the purpose by the commissioner of labor and shall set forth thereon such facts con- cerning the physical condition and historyfif the child as the commissioner of labor may require. Every such employment certificate shall be signed in the presence of the officer issuing the same, by the child in whose name it is issued. Section 2. Sections seventy- three and one hun- dred and sixty-five of such chapter are hereby amended to read as follows : §73. School record, what to contain . The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be fur- nished, on demand, to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days durin g the twelve months next preceding his fourteenth birthday, or during the twelve months next preced- ing his application for such school record and si able to read and write simple sentences in the Eng- lish language, and has received during such period instruction in reading, spelling, writing, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and in- cluding fractions [.] and has completed the work prescribed for the first six years of the public ele- mentary school or school equivalent thereto or parochial school from which such school record is issued. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parent or guardian or custodian. §165. School record, what to contain. The school record required by this article shall be signed by the principal or chief executive officer of the school which such child has attended and shall be fur- nished on demand to a child entitled thereto or to the board, department or commissioner of health. It shall contain a statement certifying that the child has regularly attended the public schools or schools equivalent thereto or parochial schools for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday, or during the twelve months next preced- ing his application for such school record, and is able to read and write simple sentences in the English language, has received during such period instruction in reading, spelling, writing, English grammar and geography, and is familiar with the 80 fundamental operations of arithmetic up to and in- cluding fractions [.] and lias completed the ivork prescribed for the first six years of the public ele- mentary school or school equivalent thereto or parochial school , from which such school record is issued. Such school record shall also give the date of birth and residence of the child as shown on the records of the school and the name of its parent or guardian or custodian. Section 3. Section seventy-five ofsuch chapter is amended by chapter three hundred and thirty- three of the laws of nineteen hundred and twelve is hereby amended to read as follows : §75, [Eeport of certificates issued.] Supervision over issuance of certificates. The board or depart- ment of health or health commissioner of a cit village or town shall transmit between the first and tenth day of each month, to the [office of the] com- missioner of labor, a list of the names of [the) cdl children to whom certificates have been issued dur- ing the preceding month together with a duplicate of the record of [the physical examination of all such children made as hereinbefore provided] every examination as to physical fitness , includ- ing examinations resulting in rejection. In cities of the first and second class all employ- ment certificates and school records required under the provisions of this chapter shall be in such form as shall be approved by the commissioner of labor. In towns , villages or cities other than cities of the first or second class , the commissioner of labor shall prepare and furnish blank forms for such em- ployment certificates and school records. No school record or employment certificate required by this article , other than those approved or furnished by the commissioner of labor as above provided, shall 81 be used. The commissioner of labor shall inquire into the administration and enforcement of the provisions of this article by all public officers charged with the duty of issuing employment certi- ficates, and for that purpose the commissioner of labor shall have access to all papers and records required to be kept by all such officers. Section 4. Such chapter is hereby amended by inserting therein, after section one hundred and sixty-five, a new section to be known as section one hundred and sixty-six and to read as follows : § 166. Supervision over issuance of certificates. The board or department of^health or health com- missioner of a city, village or town shall transmit between the first and tenth day of each month to the commissioner of labor a list of the names of all children to whom certificates have been issued during the preceding month, together with a dupli- cate record of all examinations as to physical fitness, including those resulting in rejection. In cities of the first and second class all employ- ment certificates and school records required under the provisions of this chapter shall be in such form as shall be approved by the commissioner of labor. In towns, villages or cities other than cities of the first or second class, the commissioner of labor shall prepare and furnish blank forms for such employ- ment certificates and school records. No school rec- ord or employment certificate required by this article other than those approved or furnished by the com- missioner of labor as above provided shall be used. The commissioner of labor shall inquire into the administration and enforcement of the provisions of this article by all public officers charged with the duty of issuing employment certificates, and for that purpose the commissioner of labor shall have 82 access to all papers and records required to be kept by all such officers. Section 5. This act shall take effect October first, nineteen hundred and thirteen. BILL NO. 18. An Act to amend the educational law in relation to school-record certificates. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Subdivision one of section six hun- dred and thirty of chapter twenty-one of the laws of nineteen hundred and nine, entitled “ An act relat- ing to education, constituting chapter sixteen of the consolidated laws,” as amended by chapter one hundred and forty of the laws of nineteen hundred and ten, is hereby amended to read as follows : 1. A school-record certificate shall contain a statement certifying that a child has regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his fourteenth birthday or during the twelve months next preceding his application for such school record, and that he is able to read and write simple sentences in the English language and has received during such period instruction in reading, writing, spelling, English grammar and geography and is familiar with the fundamental operations of arithmetic up to and in- cluding fractions, and has completed the work pre- scribed for the first six years of the public ele- mentary school , or school equivalent thereto , or 83 parochial school , from which such school record is issued. Such record shall also give the date of birth and residence of the child, as shown on the school records, and the name of the child’s parents, guardian or custodian. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 19. An Act to amend the labor law, in relation to pro- tecting the health and morals of females em- ployed in factories by providing an adequate period of rest at night. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Chapter thirty- six of the laws of nine- teen hundred and nine, entitled “ An Act relating to labor, being chapter thirty-one of the consoli- dated laws”, is hereby amended by inserting therein, after section ninety- three-a, a new section, to be section ninety- three-b, to read as follows : § 93-b. Period of rest at night for women. In order to protect the health and morals of females employed in factories by providing an adequate period of rest at night no woman shall be em- ployed or permitted to work in any factory in this state before six o’clock in the morning or after ten o’clock in the evening of any day. Section 2. This act shall take effect July first, nineteen hundred and thirteen. 84 BILL NO. 20. An Act to amend the labor law, in relation to seats in factories and other establishments for female employees. The People of the State of New York, represented in Senate and Assembly, do enact as follows ; Section 1 . Section seventeen of chapter thirty- six of the laws of nineteen hundred and nine, en- titled “ An act relating to labor, constituting chap- ter thirty -one of the consolidated laws,” is hereby amended to read as follows : § IT. Seats for female employees. Every person employing females in a factory or as waitresses in a hotel or restaurant shall provide and maintain suit- able seats, with proper hacks where practicable , for the use of such female employees, and permit the use thereof by such employees to such an extent as may be reasonable for the preservation of their health. Where females are engaged in work which can he properly performed in a sitting posture, suit- able seats , with hacks where practicable , shall he supplied in every factory for the use of all such female employees and permitted to he used at such work. The industrial hoard may make rules and regulations prescribing the number and kind of seats that shall he provided and the use thereof. Section 2. This act shall take effect October first, nineteen hundred and thirteen. 85 BILL NO. 21. An Act to amend the labor law in relation to bakeries. The People of the State of New York, repre- sented in Senate and Assembly, do enact as fol- lows : Section 1 . Article eight of chapter thirty-six of the laws of nineteen hundred and nine, entitled u An act relating to labor, constituting chapter thirty-one of the consolidated laws,” as amended by chapter six hundred and thirty-seven of the laws of nineteen hundred and eleven, is hereby amended to read as follows : ARTICLE 8. Bakeries and Confectioneries. Section 1 110. [Hours of labor in bakeries and confectioneries.] Enforcement of article . 111. Definitions. 112. General requirements. 113. Maintenance. 113a . Prohibited employment of dis- eased bakers. 114. Inspection of bakeries. 115. Sanitary certificates. 116. Prohibition of future cellar bakeries. 117. Sanitary code for bakeries and confectioneries. 1 Lochner vs. People of N. Y., entire section held unconstitu- tional (198 U. S., 45; 177 N. Y., 145). 86 § 110. [Hours of labor in bakeries and confection- eries. No employee shall be required or permitted to work in a biscuit, bread or cake bakery or con- fectionery establishment more than sixty hours in any one week, or more than ten hours in any one day, unless for the purpose of making a shorter work day on the last day of the week ; nor more hours in any one week than will make an average of ten hours per day for the number of days during such week in which such employee shall work.] Enforcement of article. In every city of the first class the health department of such city shall have exclusive jurisdiction to enforce the provisions of this article. In the application of any pro- vision of this article to any city of the first class , the words “ commissioner of labor” or “ depart- ment of labor ” shall be understood to mean the health department of such city. § 111. Definitions All buildings [or] rooms [,] or places [except kitchens in hotels and private residences,] used or occupied for the purpose of making, preparing or baking bread, biscuits, pastry, cakes, doughnuts, crullers, noodles, maca- roni or spaghetti to be sold or consumed on or off the premises, except kitchens in hotels , restaurants , boarding houses or private residences wherein such products are prepared to be used and are used exclusively on the premises , shall for the pur- pose of this [act] article be deemed bakeries. The commissioner of labor shall have the same powers with respect to the machinery, safety devices and sanitary conditions in hotel bakeries that he has with respect thereto in bakeries as defined by this chapter. The term cellar when used in this article shall mean a room or a part of a building which is more than one-half its height below the level of the 87 curb or ground adjoining the building (excluding areaway s). The term owner as used in this article shall be construed to mean the owner or owners of the freehold of the premises, or the lessee or joint lessees of the whole thereof, or his, her or their agent in charge of the property. The term occupier shall be construed to mean the person, firm or cor- poration in actual possession of the premises, who either himself makes, prepares or bakes any of the articles mentioned in this section, or hires or em- ploys others to do it for him. Bakeries are factories within the meaning of this chapter, and subject to all the provisions of article six hereof. § 112. General requirements. All bakeries shall be provided with proper and sufficient drainage and with suitable sinks, supplied with clean running water for the purpose of washing and keeping clean the utensils and apparatus used therein. All bakeries shall be provided withproper and adequate windows, [or] and if [deemed necessary by the commissioner of labor,] required by the rules and regulations of the industrial board , with ventilating hoods and pipes over ovens and ashpits, or with other me- chanical means, to so ventilate same as to render harmless to the persons working therein any steam, gases, vapors, dust, excessive heat or any impuri- ties that may be generated or released by or in the process of making, preparing or baking in said bakeries. Every bakery shall be at least eight feet in height measured from the surface of the finished floor to the under side of the ceiling, and shall have a flooring of even, smooth cement, or of tiles laid in cement, or a wooden floor, so laid and constructed as to be free from cracks, holes and in- terstices, except that any cellar or basement less than eight feet in height which was used for a 88 bakery on the second day of May, eighteen hundred and ninety-five, need not be altered to conform to this provision with respect to height ; the side walls and ceilings shall be either plastered, ceiled or wainscoted. The furniture, troughs and utensils shall be so arranged and constructed as not to pre- vent their cleaning or the cleaning of every part of the bakery. Every bakery shall be provided with a sufficient number of water-closets, and such water-closets shall be separate and apart from and unconnected with the bakeroom or rooms where food products are stored or sold. § 118 . Maintenance. All floors, walls, stairs, shelves, furniture, utensils, yards, areaways, plumb- ing, drains and sewers, in or in connection with bak- eries, or in bakery water-closets and washrooms, or rooms where raw materials are stored, [and] or in rooms where the manufactured product is stored, shall at all times be kept in good repair, and main- tained in a clean and sanitary condition, free from all kinds of vermin. All interior woodwork, walls and ceilings shall be painted or limewashed once every three months, where so required by the commis- sioner of labor. Proper sanitary receptacles shall be provided and used for storing coal, ashes, refuse and garbage. Receptacles for refuse and garbage shall have their contents removed from bakeries daily and shall be maintained in a clean and sanitary condition at all times; the use of tobacco in any form in a bakery or room where raw ma- terials] or manufactured product of such bakery is stored is prohibited. No person shall sleep, or be permitted, allowed or suffered to sleep in a bakery, or in [a] any room where raw materials are stored,] or [in rooms where] the manufactured product of such bakery is stored or sold, and no domestic 89 animals or birds, except cats shall be allowed to re- main in any such rooms. Mechanical means of ventilation , when provided , shall at all times be effectively used and operated. Windows , doors and other openings shall be provided with proper screens. All employees , while engaged in the manufacture and handling of bread shall wear slippers or shoes and suits of washable material which shall be used for that purpose only and such garments shall be kept clean at all times. Lockers shall be provided for the street clothes of the em- ployees. § 113-a. Prohibited employment of diseased bakers. No person who has any communicable disease shall work or be permitted to work in a bakery. Whenever required by a medical in- spector of the department of labor , any person em- ployed in a bakery shall submit to a physical ex- amination by such inspector. No person who re- fuses to submit to such examination shall work or be permitted to work in any bakery. §114. Inspection of bakeries. It shall be the duty of the owner of a building wherein a bakery is located to comply with all the provisions of sec- tion one hundred and twelve of this article, and of the occupier to comply with all the provisions of section one hundred and thirteen of this article, unless by the terms of a valid lease the responsi- bility for compliance therewith has been under- taken by the other party to the lease, and a duplicate original lease, containing such obligation, shall have been previously filed in the office of the commissioner of labor, in which event the party assuming the responsibility shall be responsible for such compliance. [The commissioner of labor may, in his discretion, apply any or all of the provisions 90 of this article to a factory located in a cellar wherein any food product is manufactured, pro- vided that basements or cellars used as confec- tionery or ice-cream manufacturing shops shall not be required to conform to the requirement as to height of rooms. Such establishments shall be not less than seven feet in height, except that any cellar or basement so used before October first, nineteen hundred and six, which is more than six feet in height need not be altered to conform to this provi- sion.] If on inspection the commissioner of labor find a bakery or any part thereof to be so un- clean, ill-drained or ill -ventilated as to be unsani- tary, he may, after not less than forty-eight hours’ notice in writing, to be served by affixing the notice on the inside of the main entrance door of said bakery, order the person found in charge thereof immediately to cease operating it until it shall be properly cleaned, drained or ventilated. If such bakery be thereupon continued in operation or be thereafter operated before it be properly cleaned, drained or ventilated, the commissioner of labor may, after first making and filing in the public records of his office a written order stating the rea- sons therefor, at once and without further notice fasten up and seal the oven or other cooking ap- paratus of said bakery, and affix to all materials, receptacles, tools and instruments found therein, labels or conspicuous signs bearing the word 1 ‘ un- clean.” No one but the commissioner of labor shall remove any such seal, label or sign, and he may refuse to remove it until such bakery be prop- erly cleaned, drained or ventilated. § 115. Sanitary certificates. 1. No person , firm or corporation shall establish , maintain or operate 91 a bakery without obtaining a sanitary certificate from the department of labor. Application for such certificate shall be made to the commissioner of labor by the occupier of the bakery or by the person , firm or corporation desiring to establish or conduct such bakery. The application for a sani- tary certificate shall be made in such form and shall contain such information as the commissioner of labor may require. Blank applications for such certificate shall be prepared and furnished by the commissioner of labor. 2. Upon the receipt of such application for a sanitary certificate , the commissioner of labor shall cause an inspection to be made of the building , room or place described in the application. If the bakery conforms to the provisions of articles six and eight of this chapter and the rules and regulations of the industrial board , the commis- sioner of labor shall issue a sanitary certifi- cate for such bakery. Such certificate shall be for a period of one year and shall be renewed an- nually by the commissioner of labor if upon a re- inspection of the bakery it is found to comply with the provisions of articles six and eight of this chapter and the rules and regulations of the industrial board. Every certificate granted under the provisions of this chapter shall be posted in a conspicuous place in the bakery for ivhich such certificate is issued. 3. Such certificate may be revoked at any time by the commissioner of labor if the health of the community or of the employees of the bakery re- quire such action, or if an order of the depart- ment issued under the provisions of this chapter be not complied with within fifteen days after the service thereof upon the person, firm or corporation 92 charged with the duty of complying with such order. The time for such compliance may be ex- tended by the commissioner of labor for good cause shown , but a statement of the reasons for such ex- tension shall be filed in the office of the department of labor as part of the public records thereof. Nothing contained in this subdivision shall be construed to limit in any way the power of the commissioner of labor to seal up an unsanitary bakery as provided in section one hundred and fourteen of this chapter. J*. If an application for a sanitary certificate be denied or if such certificate be revoked by the com- missioner of labor , he shall file in the office of the department of labor as part of the public records thereof , a statement in writing setting forth in detail the reasons for such denial or revocation. 5. Applications for sanitary certificates for exist- ing bakeries shall be made within sixty days after this act takes effect , and no such bakery shall be conducted or operated without a sanitary certificate from the department of labor after the first day of October , nineteen hundred and thirteen. In the case of bakeries hereafter established , the applica- tion for a sanitary certificate shall be made within ten days after such bakery shall commence busi- ness ?, and no such bakery shall be conducted or operated without a sanitary certificate for more than thirty days after commencing business. 6. If a bakery has no sanitary certificate as herein required or if such certificate has been re- voked, the commissioner of labor shall , after first making and filing in the public records of his office a written order stating the reasons therefor , at once and without further notice fasten up and seal the oven or other cooking apparatus of said 93 bakery. No one but the commissioner of labor shall remove any such seal , and he shall not remove same until a sanitary certificate has been issued to such bakery. $116. Prohibition of future cellar bakeries. No bakery shall hereafter be located in a cellar , and a sanitary certificate shall not be issued for any bak- ery so located. This prohibition shall not apply to a cellar used and operated as a bakery on the fif- teenth day of January , nineteen hundred and thir- teen , or that was so used or operated at any time within one year prior thereto , provided that satis- factory proof of its use as a bakery as herein spe- cified be furnished to the commissioner of labor in such form as he may require within six months af- ter this act shall take effect . Upon receipt of such proof the commissioner of labor shall issue to the owner of the building in which such cellar is located, a certificate of exemption. This section shall not prevent the local health authorities in any city of the first class from exercising any power of regula- tion now vested in them. $117. Sanitary code for bakeries and confec- tioneries. All factories wherein any food prod- uct is manufactured shall be kept in a thoroughly sanitary condition and shall be properly lighted and ventilated, and all necessary methods shall be employed to protect the food product prepared therein from contamination. The industrial board may adopt rules and regulations for carrying into effect the provisions of this article. Such rules and regulations shall be known as the sanitary code for bakeries and confectioneries and shall not apply to cities of the first class. Section %. This act shall take effect October first , nineteen hundred and thirteen. 94 BILL NO. 22. An Act to amend the Labor Law, in relation to cleanliness of workrooms in factories. The People of the State of New Nork, repre- sented in Senate and Assembly, do enact as follows : Section 1 . Section eighty-four of chapter thirty- six of the laws of nineteen hundred and nine, en- titled ‘ £ An act relating to labor, constituting chap- ter thirty-one of the consolidated laws,” as amended by chapter one hundred and fourteen of the laws of nineteen hundred and ten, is hereby amended to read as follows: §84. [Walls, ceilings, floors and freceptacles. ] Cleanliness of rooms. Every room in a factory and the floors , walls , ceilings , windows and every other part thereof and all fixtures therein shall at all times be kept in a clean and sanitary condition. The walls and ceilings in each [work] room [in a factory] shall be lime washed or painted, except when properly tiled or covered with slate or mar- ble with a finished surface [when in the opinion of the commissioner of labor, it will be conducive to the health or cleanliness of the persons working therein]. Such lime wash or paint shall be re- newed whenever necessary as may be required by the commissioner of labor. Floors shall, at all times , be maintained in a safe condition [and shall be kept clean and sanitary at all times]. No person shall spit or expectorate upon the walls, floors or stairs of any building used in whole or in part for factory purposes. Sanitary cuspidors shall be pro- vided [in the discretion of the commissioner of labor], in every workroom in a factory in [such] sufficient numbers [as the commissioner of labor 95 may determine]. Such cuspidors shall be thor- oughly cleaned daily. Suitable receptacles shall be provided and used for the storage of waste and refuse; such receptacles shall be maintained in a sanitary condition. Section 2. This act shall take effect October first, nineteen hundred and thirteen. BILL no. 23. An Act to amend the labor law, in relation to the clean, sanitary and safe condition of factory buildings. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Article six of chapter thirty-six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty- one of the consolidated laws,” is hereby amended by inserting after section eighty- four, a new sec- tion, to be section eighty-four-a, to read as follows: § 84-a. Cleanliness of factory buildings. Every part of a factory building and of the premises thereof and the yards, courts, passages, areas or alleys connected with or belonging to the same, shall be kept clean, and shall be kept free from any accumulation of dirt, filth, rubbish or garbage in or on the same. The roof, passages, stairs, halls, basements, cellars, privies, waterclosets, cesspools, drains and all other parts of such building and the premises thereof shall at all times be kept in a clean, sanitary and safe con- dition. The entire building and premises shall be 96 well drained and the plumbing thereof at all times kept in a clean and sanitary condition. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 24. An Act to amend the labor law in relation to ven- tilation in factories and the removal of impuri- ties and of excessive heat therein. The People of the State of New York, rep- presented in Senate and Assembly, do enact as follows: Section 1 . Section eighty-six of chapter thirty- six of the laws of nineteen hundred and nine, entitled ‘ ‘ An act relating to labor, constituting chapter thirty-one of the consolidated laws,” is hereby amended to read as follows: §86. Ventilation. 1. The owner, agent or lessee of [a] every factory shall provide, in each work-room thereof, proper and sufficient means of ventilation by natural or mechanical means or both , as may be necessary , and shall maintain proper and sufficient ventilation and proper degrees of temperature and humidity in every workroom thereof at all times during working hours , [ ; if excessive heat be created or if steam, gases, vapors, dust or other impurities that may be injurious to health be gen- erated in the course of the manufacturing process carried on therein the room must be ventilated in such a manner as to render them harmless, so far as is practicable ; in case of failure the commis- sioner of labor shall order such ventilation to be 97 provided. Such owner, agent or lessee shall pro- vide such ventilation within twenty days after the service upon him of such order, and in case of failure, shall forfeit to the people of the state, ten dollars for each day after the expiration of such twenty days, to be recovered by the commissioner of labor.] 2. If dust , gases , fumes , vapors , fibers or other impurities are generated or released in the course of the business carried on in any workroom of a fac- tory, in quantities tending to injure the health of the operatives , the person operating the factory , whether as owner or lessee of the whole or of apart of the build- ing in which the same is situated , or otherwise , shall provide suction devices that shall remove said im- purities from the workroom , at their point of origin where practicable, by means of proper hoods con- nected to conduits and exhaust fans of sufficient capacity to remove such impurities , and such fans shall be kept running constantly while such impuri- ties are being generated or released. If, owing to the nature of the manufacturing process carried on in a factory workroom, excessive heat be created therein the person or persons operating the factory as aforesaid shall provide, maintain, use and operate such special means or appliances as may be required to reduce such excessive heat. 3. The industrial board shall have power to make rules and regulations not inconsistent with the provisions of this chapter regulating ventila- tion, temperature and humidity in factories and the special means , if any, required for removing impurities or for reducing excessive heat, and the machinery, apparatus or appliances to be used for any of said purposes, and the construction, equip- ment, maintenance and operation thereof, in order to effectuate the purposes of this section. 4. If any requirement of this section or any rule or regulation of the industrial board made under the provisions thereof shall not be complied with , the commissioner of labor shall issue or cause to be issued an order directing compliance therewith by the person, whose duty it is to comply therewith within thirty days after the service of such order. Such person shall , in case of failure to comply with the require- ments of such order , forfeit to the people of the state fifteen dollars for each day during which such failure shall continue after the expiration of such thirty days , to be recovered by the commissioner of labor. The liability to such penalty shall be in addition to the liability of such person to prosecution for a mis- demeanor as provided by section twelve hundred and seventy-five of the penal law. 5. Before providing any machinery or apparatus for any of the purposes specified in this section the person providing the same shall file with the commis- sioner of labor plans and specifications and shall obtain the approval of such plans and specifications by the commissioner of labor before providing the same. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 25. An Act to amend the labor law, in relation to washrooms, dressing rooms and water closets in factories. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section eighty-eight of chapter thirty- 90 six of the laws of nineteen hundred and nine, en- titled ‘‘An Act relating to labor, constituting chapter thirty-one of the consolidated laws,” as amended by chapter three hundred and thirty- six of the laws of nineteen hundred and twelve, is hereby amended to read as follows : § 88. Drinking water, washrooms and dressing rooms [and water closets]. 1. In every factory there shall be provided at all times for the use of employees, a sufficient supply of clean and pure drinking water. Such water shall be supplied through proper pipe connections with water mains through which is conveyed the water used for domestic purposes, or, from a spring or well or body of pure water ; if such drinking water be placed in receptacles in the factory, such recep- tacles shall be properly covered to prevent contami- nation and shall be thoroughly cleaned at frequent intervals. 0. In every factory there shall be provided and maintained for the use of employees suitable and convenient washrooms, separate for each sex , ade- quately equipped with [sinks and proper water service ; and] washing facilities consisting of sinks or stationary basins provided with running ivater or ivitli tanks holding an adequate supply of clean water. Every ivashroom shall be provided with means for artificial illumination and with adequate means of ventilation. All washrooms and ivashing facilities shall be constructed , lighted , ventilated , arranged and maintained according to rules and regidations adopted with reference thereto by the industrial board, [i] In all factories where lead, arsenic or other poisonous substances or injurious or noxious fumes, dust or gases are present as an incident or 100 result of the business or processes conducted by such factory there shall be provided washing facili- ties which shall include hot water and soap and individual towels. 3. Where females are employed, dressing or emergency rooms shall be provided for their use; each such room shall have at least one window opening to the outer air and shall be enclosed by means of solid partitions or walls. [In brass and iron foundries suitable provisions shall be made and maintained for drying the working clothes of per- sons employed therein. In every factory there shall be provided suitable and convenient water closets for each sex, in such number as the commissioner of labor may determine. Such water closets shall be properly screened, lighted, ventilated and kept clean and sanitary; the enclosure of each closet shall be kept clean and sanitary and free from all obscene writing or marking. The water closets used by females shall be entirely separated from those used by males and the entrances thereto shall be effectively screened. The water closets shall be maintained inside the factory whenever practicable and in all cases, when required by the commissioner of labor]. In every factory in which more than ten women are employed , there shall be provided one or more sep- arate dressing rooms in such numbers as required by the rules and regulations of the industrial board and located in such place or places as required by such rides and regulations , having an adequate floor space in proportion to the number of employees , to be fixed by the rules and regulations of the indus- trial board , but the floor space of every such dress- ing room shall in no event be less than sixty square feet ; each dressing room shall be completely separated from any water closet compartment 101 and shall he provided with adequate means for artificial illumination; each dressing room shall he provided with suitable means for hanging clothes and with a suitable number of seats. All dressing rooms shall be enclosed by means of solid parti- tions or walls , and shall be constructed , ventilated , lighted and maintained in accordance with such rules and regulations as may be adopted by the industrial board ivith reference thereto. Section 2. Such chapter is hereby amended by inserting after section eighty-eight a new section, to be section eighty-eight-a, to read as follows: § 88-a Water closets. 1. In every factory there shall be provided suitable and convenient water closets separate for each sex, located in such place or places as required by the rules and regulations of the industrial board, and at least one water- closet shall be provided for every twenty-five per- sons or fraction thereof employed in such factory. All water closets shall be maintained inside the factory except where, in the opinion of the com- missioner of labor, it is impracticable to do so. 2. There shall be separate water closet compart- ments for females, to be used by them exclusively, and notice to that effect shall be painted on the outside of such compartments. The entrance to every water closet used by females shall be effec- tively screened by a partition or vestibule. Where water closets for males and females are in adjoining compartments, there shall be solid plastered parti- tions between the compartments extending from the floor to the ceiling. Whenever any water closet compartments open directly into the workroom ex- posing the interior, they shall be screened from view by a partition or a vestibule. The use of cur- tains for screening purposes is prohibited. 102 3. The use of any form of trough water closet, latrine or school sink within any factory is prohibited. All such trough water closets, latrines or school sinks shall, before the first of October, nineteen hundred and fourteen, be completely removed and the place where they were located properly disin- fected under the direction of the department of labor. Such appliances shall be replaced by proper individual water closets, placed in water closet com- partments, all of which shall be constructed and in- stalled in accordance with rules and regulations to be adopted by the industrial board. 4. Every existing water closet and urinal inside any factory shall have a basin of enamelled iron or earthenware, and shall be flushed from a separate water-supplied cistern or through a flushometer valve connected in such manner as to keep the water supply of the factory free from contamination. All woodwork enclosing water closet fixtures shall be removed from the front of the closet and the space underneath the seat shall be left open. The floor or other surface beneath and around the closet shall be maintained in good order and repair and all the woodwork shall be kept well painted with a light color paint. All existing water closet compartments shall have windows leading to the outer air and shall be other- wise ventilated in accordance with rules and regulations adopted for that purpose by the in- dustrial board. Such compartments shall be pro- vided with means for artificial illumination and the enclosure of each compartment shall be kept free from all obscene writing or marking. 5. All water closets, urinals and water closet compartments hereafter installed in a factory, in- cluding those provided to replace existing fixtures, 103 shall be properly constructed, installed, ventilated, lighted and maintained in accordance with such rules and regulations as may be adopted by the in- dustrial board. 6. All water closet compartments, and the floors, walls, ceilings and surface thereof, and all fixtures therein, and all water closets and urinals shall at all times he kept and maintained in a clean and sanitary condition. Where the water supply to water closets or urinals is liable to freeze, the water closet compartment shall be properly heated so as to prevent freezing, or the supply and flush pipes, cisterns and traps and valves shall be effect- ively covered with wool felt or hair felt, or other ade- quate covering. 7. All water closets shall be constructed, lighted, ventilated, arranged and maintained according to rules and regulations adopted with reference thereto by the industrial board. § 3. This act shall take effect October first, nine- teen hundred and thirteen. BILL NO. 26. An Act to amend the labor law, in relation to the protection of employees operating machinery, dust creating machinery, and the lighting of factories and workrooms. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . Section eighty-one of chapter thirty- six of the laws of nineteen hundred and nine, entitled “An Act relating to labor, constituting chapter 104 thirty-one of the consolidated laws,” as amended by chapter one hundred and six of the laws of nineteen hundred and ten, is hereby amended to read as follows: §81. Protection of employees operating machinery ; dust creating machinery ; lighting of factories and workrooms. 1. The owner or person in charge of a factory where machinery is used shall provide, [in the discretion of the commissioner of labor) as may he required by the rules and regulations of the industrial hoard , belt shifters or other mechanical contrivances for the purpose of throwing on or off belts on pulleys. Whenever practicable, all machi- nery shall be provided with loose pulleys. [All vats, pans, saws, planers, cogs, gearing, belting, shafting, set-screws and machi- nery, of every description, shall be properly guarded.] Every vat and pan wherever set so that the opening or top thereof is at a lower level than the elboiv of the operator or operators at work about the same shall he protected hy a cover which shall he maintained over the same while in use in such manner as effectually to prevent such opera- tors or other persons falling therein or coming in contact with the contents thereof, except that where it is necessary to remove such cover while any such vat or pan is in use , such vat or pan shall he protected hy an ade- quate railing around the same. Every hydro- extractor shall he covered or otherwise properly guarded, while in motion. Every saw shall he pro- vided with a proper and effective guard. Every planer shall he protected hy a substantial hood or covering. Every hand-plane or jointer shall he provided toith a proper and effective guard. All cogs and gearing shall he boxed or cased either 105 with metal or tvood. All belting within seven feet of the floors shall be properly guarded. All re- volving shafting within seven feet of the floors shall be protected on its exposed surface by being encased in such a manner as to effectively pre- vent any part of the body , hair or clothing of the operators or other persons from coming in contact ivith such shafting. All set-screws , keys, bolts and all parts projecting beyond the sur- face of revolving shafting shall be countersunk or provided with suitable covering, and machinery of every description shall be properly guarded and provided with proper safety appliances or devices. All machines , machinery, apparatus, furniture and fixtures shall be so placed and guarded in relation to one another as to be safe for all persons. Whenever any danger exists which requires any special care as to the charac- ter and condition of the clothing of the persons employed thereabouts , or which requires the use of special clothing or guards, the in- dustrial board may make rules and regulations prescribing what shall be used or worn for the pur- pose of guarding against such danger and regulat- ing the provision, maintenance and use thereof No person shall remove or make ineffective any safeguard or safety appliance or device around or attached to machinery, vats or pans, [while the same are in use] unless for the purpose of im- mediately making repairs thereto or adjustment thereof, [and all such safeguards so removed shall be promptly replaced] and any person who re- moves or makes ineffective any such safeguard, safety appliance or device for a permitted purpose shall immediately replace the same when such purpose is accomplished. It shall be the duty 106 of the employer and of every person exercising direction or control over the person who re- moves such safeguard, safety appliance or device, or over any person for whose protection it is designed to see that a safeguard or safety appliance or device that has been removed is promptly and properly replaced. All fencing, safeguards, safety appliances and devices must be constantly main- tained in proper condition. [If] When in the opinion of the commissioner of labor a machine or any part thereof is in a dangerous condition or is not properly guarded or is dangerously placed , the use thereof [may] shall be prohibited by the com- missioner of labor and a notice to that effect shall be attached thereto. Such notice shall not be re- moved except by an authorized representative of the department of labor , nor until the ma- chinery is made safe and the required safe- guards or safety appliances or devices are pro- vided, and in the meantime such unsafe or dan- gerous machinery shall not be used. The indus- trial board may make rules and regidations regulat- ing the installation , position , operation , guarding and use of machines and machinery in operation in factories , the furnishing and use of safety devices and safety appliances for machines and machinery and of guards to be worn upon the person , and other cognate matters , whenever it finds such reg- ulations necessary in order to provide for the prevention of accidents in factories. 2. All grinding, polishing or buffing wheels [used in the course of the manufacture of articles of the baser metals] shall be equipped with proper hoods and pipes and such pipes shall be connected to an exhaust fan of sufficient capacity and power to remove all matter thrown off such wheels in the course of their 107 use. Such fan shall be kept running constantly while such grinding, polishing or buffing wheels are in operation ; except that in the case of wet grinding it is unnecessary to comply with this pro- vision unless required by the rides and regulations of the industrial board. All machinery creating dust or impurities shall be equipped with proper hoods and pipes and such pipes shall be connected to an exhaust fan of sufficient capacity and power to re- move such dust or impurities ; such fan shall be kept running constantly while such machinery is in use ; except where, in case of wood-working ma- chinery, the [commissioner of labor, after first making and filing in the public records of his office a written statement of the reasons therefor], indus- trial board shall decide that itis unnecessary for the health and welfare of the operatives. 3. All passageways and other portions of a fac- tory, and all moving parts of machinery which are not so guarded as to prevent accidents , where , on or about which persons work or pass or may have to work or pass in emergencies , shall be kept properly and sufficiently lighted during working hours. [When, in the opinion of the commissioner of labor, it is necessary] The [workrooms] halls and stairs leading to the workrooms shall be properly and adequately lighted, and [in cities of the first class, if deemed necessary by the commissioner of labor,] a proper and adequate light shall be kept burning by the owner or lessee in the public hallways near the stairs, upon the entrance door and upon the other floors on every work day in the year, from the time when the building is open for use in the morning until the time it is closed in the evening, except at times when the influx of natural light shall make arti- 108 ficial light unnecessary. Such lights shall be [in- dependent of the motive power of such factory] so arranged as to insure their reliable operation when through accident or other cause the regular factory lighting is extinguished. Jf. All workrooms shall be properly and ade- quately lighted during working hours. Artificial illuminants in every workroom shall be installed , arranged and used so that the light furnished will at all times be sufficient and adequate for work carried on therein , and so as to prevent unnecessary strain on the vision or glare in the eyes of the workers . The industrial board may make rules and regula- tions to provide for adequate and sufficient natural and artificial lighting facilities in all factories. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 27. An Act to amend the labor law, in relation to ele- vators and hoisting shafts in factory buildings. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section seventy-nine of chapter thirty-six of the laws of nineteen hundred and nine, entitled “An act relating to labor, constitut- ing chapter thirty-one of the consolidated laws,” as as amended by chapter two hundred and ninety- nine of the laws of nineteen hundred and nine is hereby amended to read as follows : §79. [Inclosure and operation of eJjEdevators and hoistways [hoisting shafts ; inspection. If, in the 109 opinion of the commissioner of labor, it is necessary to protect the life or limbs of factory employees, the owner, agent or lessee of such factory where an ele- vator, hoisting shafts or well-hole is used, such cause, upon written notice from the commissioner of labor, the same to be properly and substantially inclosed, secured or guarded, and shall provide such proper traps or automatic doors so fastened in or at all elevator ways, except passenger elevators in- closed on all sides, as to form a substantial surface when closed and so constructed as to open and close by action of the elevator in its passage either ascending or descending. The commissioner of labor may inspect the cable, gearing or other appa- ratus of elevators in factories and require them to be kept in a safe condition.] 1. Inclosure of shafts. Eve7*y hoistway , hatch- way or well-hole used for carrying passengers or employees , or for freight elevators , hoist- ing or other purpose , shall be protected on all sides at each floor including the basement by substantial vertical inclosures. All open- ings in such inclosures shall be provided with self- closing gales not less than six feet high or with properly constructed, sliding doors. In the case of elevators used for carrying passengers or em- ployees, such inclosures shall be flush with the hatchway and shall extend from floor to ceiling on every open side of the car and on every other side shall be at least six feet high, and such enclosures shall be free from fixed obstructions on every open side of the car. In the case of freight elevators the inclosures shall be flush with the hoistway on every open side of the car. In place of the inclosures herein required for freight ele- vators, every hatchway used for freight elevator purposes may be provided with trap doors so con- 110 sir acted as to form a substantial floor surface when closed and so arranged as to open and close by the action of the car in its passage both ascending and descending ; provided that in addition to such trap doors, the hatchway shall be adequately protected on all sides at all floors, including the basement, by a substantial railing or other vertical inclosure at least three feet in height. 2. Guarding of elevators and hoistioays. All counter-weights of every elevator shall be ade- quately protected by proper inclosures at the top and bottom of the run. The car of all elevators used for carrying passengers or employees shall be substantially enclosed on all sides, including the top, and such cars shall at all times be properly lighted, artificial illuminants to be provided and used when necessary. The entire top of every freight elevator car or platform shall be provided with a substantial grating or covering for the pro- tection of the operator thereof. 3. Elevators and hoistways in factory buildings hereafter erected. The provisions of subdivisions one and two of this section shall apply only to fac- tory buildings heretofore erected, hi all factory buildings hereafter erected every elevator and every part thereof and all machinery connected therewith and every hoistway, hatchway and toell- hole shall be so constructed, guarded, equipped maintained and operated as to be safe for all per- sons using the same . If. Maintenance of elevators and hoistways in all factory buildings. In every factory building heretofore erected or hereafter erected, all in- closures, doors and gates of hoistioays, hatchways or well-holes, and all elevators therein used for the Ill carrying of passengers or employees or freight and the gates and doors thereof shall at all times he kept in good repair and in a safe condition. All openings leading to elevators shall he kept well lighted at all times daring working hours, with artificial illumination when necessary. The cable gearing and other apparatus of elevators used for carrying passengers or employees or freight shall he kept in a safe condition. 5. Powers of industrial hoard. The industrial hoard shall have power to make rides and regula- tions not inconsistent with the provisions of this chapter regulating the construction, guarding, equipment, maintenance and operation of elevators and all parts thereof and all machinery connected, therewith and hoistways, hatchways and well-holes in order to carry out the purpose and intention of this section. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 28 . An Act to amend the labor law in relation to pro- tecting the lives, health and safety of em- ployees in dangerous trades. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows: Section 1 . Chapter thirty-six of the laws of nine- teen hundred and nine, entitled “ An Act relating to labor, constituting chapter thirty-one of the consolidated laws,” is hereby amended by inserting 112 therein, after section ninety-eight, a new section to be section ninety-nine, to read as follows: § 99. Dangerous trades. Whenever the indus- trial board shall find as a result of its investigations that any industry, trade or occupation by reason of the nature of the materials used therein or the products thereof or by reason of the methods or processes or machinery or apparatus employed therein or by reason of any other matter or thing connected with such industry, trade or occupation, contains such elements of danger to the lives, health or safety of persons employed therein as to require special regulation for the protection of such persons, said board shall have power to make such special rules and regulations as it may deem neces- sary to guard against such elements of danger by establishing requirements as to temperature, hu- midity, the removal of dusts, gases or fumes and requiring licenses to be applied for and issued by the commissioner of labor as a condition of carrying on any such industry, trade or occupation and re- quiring medical inspection and supervision of per- sons employed and applying for employment and by other appropriate means. Section 2. This act shall take effect immediately. bill no. 29 An Act to amend the labor law in relation to foundries. The People of the State of New York, repre- sented in Senate and Assembly, do enact as follows : Section 1. Chapter thirty-six of the laws of 113 nineteen hundred and nine, entitled “ An act re- lating to labor, constituting chapter thirty-one of the consolidated laws,” is hereby amended by in- serting therein after section ninety-six, a new section, to be section nine ty-se veil, to read as follows : §97. Brass, iron and steel foundries. 1. Foun- dries shall be subject to all the provisions of this chapter relating to factories. 2. All entrances to foundries shall be so con- structed and maintained as to minimize drafts, and all windows therein shall be maintained in proper condition and repair. 3. All passageways in foundries shall be con- structed and maintained of sufficient width to make the use thereof by employees reasonably safe; dur- ing the progress of casting such passageways shall not be obstructed in any manner. 4. Smoke, steam and gases generated in foundries shall be promptly and effectively removed there- from, and whenever it is necessary, exhaust fans of sufficient capacity and power, properly equipped with ducts and hoods, shall be provided and operated to remove such smoke, steam and gases. The milling and cleaning of castings, and milling of cupola cinders, shall be done under such conditions to be prescribed by the rules and regulations of the industrial board as will adequately protect the per- sons employed in foundries from the dust arising during the process. 5. All foundries shall be properly and thoroughly lighted during working hours and in cold weather proper and sufficient heat shall be provided and maintained therein. The use of heaters discharg- ing smoke or gas into workrooms is prohibited. In 114 all foundries suitable provision shall be made and maintained for drying the working clothes of per- sons employed therein. 6. In every foundry in which ten or more per- sons are employed or engaged at labor, there shall be provided and maintained for the use of em- ployees therein suitable and convenient washrooms of sufficient capacity adequately equipped with hot and cold water service ; such washrooms shall be kept clean and sanitary and shall be properly heated during cold weather. In every such foundry lockers shall be provided for the safe-keeping of employees’ clothing. In every foundry in which more than ten persons are employed or engaged at labor where water closets or privy accom- modations are permitted by the commissioner of labor to remain outside of the factory under the provisions of section eighty-eight-a of this chapter, the passageway leading from the foundry to the said water closets or privy accommodations shall be so protected and constructed that the employees in passing thereto or therefrom shall not be exposed to outdoor atmosphere and such water closets or privy accommodations shall be properly heated dur- ing cold weather. 7. The flasks, molding machines, ladles, cranes and apparatus for transporting molten metal in foundries shall be maintained in proper condition and repair, and any such tools or implements that are defective shall not be used until properly repaired. There shall be in every foundry, available for immediate use, an ample supply of lime water, olive oil, vaseline, bandages and absorbent cotton, to meet the needs of em- ployees in case of burns or other accidents; and any 115 other equally efficacious remedy for burns may be substituted for those herein prescribed. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 30. An Act to amend the labor law, in relation to the prohibition of the employment of children in the operation of dangerous machinery and in trades, occupations or processes of manufac- ture dangerous or injurious to their health and in relation to the prohibition of the em- ployment of women in the core- rooms of foundries. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Section ninety-three of chapter thirty- six of the laws of nineteen hundred and nine, entitled “ An act relating to labor, constituting chapter thirty-one of the consolidated laws,” as amended by chapter one hundred and seven of the laws of nineteen hundred and ten, is hereby amended to read as follows: § 93. Prohibited employment of women and children, i. No child under the age of sixteen years shall be employed or permitted to work in operating or assisting in operating any of the following machines: Circular or band saws, wood- shapers, wood jointers, planers, sandpaper or wood polishing machinery; picker machines or machines used in picking wool, cotton, hair or any upholstery material ; paper lace machines ; 116 burnishing machines in any tannery or leather manufactory ; job or cylinder printing presses hav- ing motive power other than foot ; wood-turning or boring machinery ; drill presses ; metal or paper cutting machines ; corner staying machines in paper box factories ; stamping machines used in sheet metal and tinware manufacturing or in washer and nut factories ; machines used in making corrugat- ing rolls ; steam boilers ; dough brakes or cracker machinery of any description ; wire or iron straight- ening machinery ; rolling mill machinery ; power punches or shears ; washing, grinding or mixing machinery ; calendar rolls in rubber manufactur- ing ; or laundering machinery ; or in operating or assisting in operating any other machines or ma- chinery which may be found by the industrial board to be dangerous and specified as such from time to time in rules and regulations adopted by such board. No child under the age of sixteen years shall be employed or permitted to work at adjusting or assisting in adjusting any belt to any machinery; oiling or assisting in oiling, wiping or cleaning machinery; or in any capacity in preparing any composition in which dangerous or poisonous acids are used; or in the manufacture or packing of paints, dry colors, or red or white lead; or dipping, dyeing or packing matches ; or in the manufacture, packing or storing of powder, dynamite, nitroglycerine, compounds, fuses, or other explosives; or in or about any distillery, brewery, or any other establishment where malt or alcholic liquors are manufactured, packed, wrapped, or bottled; and no female under the age of sixteen shall be employed or permitted to work in any capacity where such employment compels 117 her to remain standing constantly. No child under the age of sixteen years shall be employed or per- mitted to have the care, custody or management of or to operate an elevator either for freight or pas- sengers. No person under the age of eighteen years shall be employed or permitted to have the care, custody or management of or to operate an elevator either for freight or passengers running at a speed of over two hundred feet a minute. No male persons under eighteen years or woman under twenty-one years of age shall be permitted or directed to clean machinery while in motion. No male child under the age of eighteen years, nor any female, shall be employed in any factory in this state in operating or using any emery, tripoli, rouge, corundum, stone, carborundum or any abrasive, or emery polishing or buffing wheel, where articles of [the baser] metal [s or of iridium] are manufactured. 3. In addition to the cases provided for in the foregoing subdivisions , the industrial board , when as a result of its investigations it finds that any particular trade , process of manufacture , or occu- pation , or particular method of carrying on any trade , process of manufacture, or occupation , is dangerous or injurious to the health of minors under eighteen years of age employed therein , shall have power to adopt rules and regulations prohibiting the employment of such minors therein. b. No female shall be employed or permitted to ivork in any brass , iron or steel foundry , at or in connection with the making of cores ivliere the oven in which the cores are baked is located in the same room or space in ivhich the cores are made. The erection of a partition separating the oven from 118 the space where the cores are made shall not he suffi- cient unless the said partition extends from the floor to the ceiling , and the partition is so constructed and arranged , and any openings therein so pro- tected that the gases and fumes from the core oven ' will not enter the room or space in which the women are employed . The industrial hoard shall have power to adopt rules and regulations regulating the construction, equipment, maintenance and operation of core rooms and the size and weight of cores that may he handled by women , so as to pro- tect the health and safety of women employed in core rooms. Section 2. This act shall take effect October first, nineteen hundred and thirteen. bill no. 31. An Act to amend the public health law in relation to the sale of wood alcohol. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1 . Chapter forty-nine of the laws of nineteen hundred and nine, entitled “An Act in relation to the public health, constituting chapter forty-five of the Consolidated Laws,” is hereby amended by inserting therein, after section three hundred and eighteen -a, a new section, to be sec- tion three hundred and eighteen-b, to read as fol- lows : § 318b. Sale of wood alcohol. — No person shall sell any wood alcohol nor any fluid containing wood 119 alcohol unless the bottle, vessel or other container in which the same is sold or transported shall bear a label containing the following words conspicuously printed in red ink : “ Poison WOOD ALCOHOL Do not use except where there is sufficient ventilation.” Section 2. This act shall take effect October first, nineteen hundred and thirteen. BILL NO. 32. An Act to continue the commission created by chapter five hundred and sixty- one of the laws of nineteen hundred and eleven, entitled “ An Act to create a commission to investigate the conditions under which manufacture is carried on in cities of the first and second class in this State, and making appropriation therefor,” and to enlarge the scope of the investigation of the commission and making an appropriation therefor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1 . The commission created by chapter five hundred and sixty-one of the laws of nineteen hundred and eleven, entitled “ An Act to create a commission to investigate the conditions under which manufacture is carried on in cities of the first and second class in this State, and making an appro- priation therefor,” is hereby continued with all the powers conferred by said chapter, as amended by 120 chapter twenty-one of the laws of nineteen hundred and twelve. Section 2. In addition to the powers hereto- fore conferred upon it by such chapter, as amended, the said commission shall have power to inquire into the wages of labor in all industries and employ- ments and the conditions under which labor is car- ried on throughout the state, and into the advisa- bility of fixing minimum rates of wages or of other legislation relating to the wages or conditions of labor in general or in any industry. Said commis- sion shall also have power to subpoena and require the attendauce of witnesses and the production of books and papers pertaining to the investigations and inquiries hereby authorized and to take the tes- timony of all such witnesses and to examine all such books and papers in relatiou to any matter which it has power to investigate. Section 3. The said commission shall make a report of its proceedings, together with its recom- mendations, including a revision of the Labor Law, to be prepared by the said commission if deemed advisable by it, to the legislature on or before the fifteenth day of February, nineteen hundred and fourteen. Section 4. The sum of fifty thousand ($50,- 000) dollars, or so much thereof as may be needed, is hereby appropriated for the actual and necessary expenses of the commission in carrying out the pro- visions of chapter five hundred and sixty-one of the laws of nineteen hundred and eleven, as amended, and of this act, payable by the treasurer on the warrant of the comptroller on the order of the chairman of said commission. Section 5. This act shall take effect imme- diately.