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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| about construction, repairing, alteration, or
removal of |
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| buildings, bridges, viaducts, and other structures. This |
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| liberal
interpretation exists so as to provide workers with a |
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| safe place to work and to
afford relief to injured workers.
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| Section 1. All scaffolds, hoists, cranes, stays,
ladders, |
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| supports, or other mechanical contrivances, erected or |
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| constructed
by any person, firm or corporation in this State |
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| for the use in the
erection, repairing, alteration, removal or |
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| painting of any house,
building, bridge, viaduct, or other |
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| structure, shall be erected and
constructed, in a safe, |
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| suitable and proper manner, and shall be so erected
and |
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| constructed, placed and operated as to give proper and adequate
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| protection to the life and limb of any person or persons |
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| employed or
engaged thereon, or passing under or by the same, |
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| and in such manner as to
prevent the falling of any material |
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| that may be used or deposited thereon.
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| Scaffold or staging
ten (10) or more feet above the ground |
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| or floor shall have, where
practicable, a safety rail properly |
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| bolted, secured and braced, rising at
least forty-two (42) |
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| inches above the floor or main portion of such
scaffolding or |
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| staging, and extending along the entire length of the
outside |
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| and ends thereof, and properly attached thereto, and such
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| scaffolding or staging shall be so fastened as to prevent the |
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| same from
swaying from the building or structure.
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| Section 2. If in any house, building or structure in |
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| process of erection
or
construction in this State (except a |
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| private house, used exclusively as a
private residence), the |
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| distance between the enclosing walls, is more than
twenty-four |
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| (24) feet, in the clear, there shall be built, kept and
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| maintained, proper intermediate supports for the joists, which |
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| supports
shall be either brick walls, or iron or steel columns, |
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| beams, trusses
or girders, and the floors in all such houses, |
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| buildings or
structures, in process of erection and |
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| construction, shall be designed and
constructed in such manner |
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| as to be capable of bearing in all their parts,
in addition to |
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| the weight of the floor construction, partitions and
permanent |
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| fixtures and mechanisms that may be set upon the same, a live
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| load of fifty (50) pounds for every square foot of surface in |
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| such floors,
and it is hereby made the duty of the owner, |
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| lessee, builder or contractor
or sub-contractor, of such house, |
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| building or structure, or the
superintendent or agent of |
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| either, to see that all the provisions of this
Section are |
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| complied with.
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| Section 3. It shall be the duty of the owner of every |
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| house, building or
structure (except a private house used |
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| exclusively as a private residence)
now under construction or |
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| hereafter to be constructed, to affix and display
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| conspicuously, on each floor of such building during |
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| construction, a
placard stating the load per square foot of |
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| floor surface, which may with
safety be applied to that |
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| particular floor during such construction; or if
the strength |
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| of different parts of any floor varies, then there shall be
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| such placards for each varying part of such floor. It shall be |
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| unlawful to
load any such floors or any part thereof to a |
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| greater extent than the load
indicated on such placards, and |
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| all such placards shall be verified and
approved by the |
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| Director of Labor or by the local commissioner or inspector
of |
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| buildings or other proper authority in the city, town or |
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| village charged
with the enforcement of building laws.
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| Section 4. Whenever it shall come to the notice of the |
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| Director of Labor or
the local authority in any city, town or |
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| village in this State charged with
the duty of enforcing the |
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| building laws, that the scaffolding or the
slings, hangers, |
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| blocks, pulleys, stays, braces, ladders, irons or ropes of
any |
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| swinging or stationary scaffolding, platform or other similar |
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| device
used in the construction, alteration, repairing, |
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| removing, cleaning or
painting of buildings, bridges or |
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| viaducts within this State are unsafe or
liable to prove |
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| dangerous to the life or limb of any person, the Director
of |
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| Labor or such local authority or authorities shall immediately |
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| cause an
inspection to be made of such scaffolding, platform or |
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| device, or the
slings, hangers, blocks, pulleys, stays, braces, |
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| ladders, irons or other
parts connected therewith. If, after |
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| examination, such scaffolding,
platform or device or any of |
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| such parts is found to be dangerous to the
life or limb of any |
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| person, the Director of Labor or such local authority
shall at |
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| once notify the person responsible for its erection or |
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| maintenance
of such fact, and warn him against the use, |
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| maintenance or operation
thereof, and prohibit the use thereof, |
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| and require the same to be altered
and reconstructed so as to |
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| avoid such danger. Such notice may be served
personally upon |
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| the person responsible for its erection or maintenance, or
by |
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| conspicuously affixing it to the scaffolding, platform or other |
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| such
device, or the part thereof declared to be unsafe. After |
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| such notice has
been so served or affixed, the person |
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| responsible therefor shall cease
using and immediately remove |
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| such scaffolding, platform or other device, or
part thereof, |
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| and alter or strengthen it in such manner as to render it
safe.
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| The Director of Labor or such local authority, whose duty |
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| it is under
the terms of this Act to examine or test any |
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| scaffolding, platform or other
similar device, or part thereof, |
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| required to be erected and maintained by
this Section, shall |
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| have free access at all reasonable hours to any
building, |
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| structure or premises containing such scaffolding, platform or
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| other similar device, or parts thereof, or where they may be in |
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| use. All
swinging and stationary scaffolding, platforms and |
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| other devices shall be
so constructed as to bear four times the |
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| maximum weight required to be
dependent therein, or placed |
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| thereon, when in use, and such swinging
scaffolding, platform |
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| or other device shall not be so overloaded or
overcrowded as to |
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| render the same unsafe or dangerous.
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| Section 5. Any person, firm or corporation in this State, |
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| hiring,
employing or directing another to perform labor of any |
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| kind, in the
erecting, repairing, altering or painting of any |
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| water pipe, stand pipe,
tank, smoke stack, chimney, tower, |
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| steeple, pole, staff, dome or cupola,
when the use of any |
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| scaffold, staging, swing, hammock, support, temporary
platform |
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| or other similar contrivance are required or used, in the
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| performance of such labor, shall keep and maintain at all |
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| times, while such
labor is being performed, and such mechanical |
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| device is in use or
operation, a safe and proper scaffold, |
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| stay, support or other suitable
device, not less than sixteen |
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| (16) feet or more below such working
scaffold, staging, swing, |
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| hammock, support or temporary platform, when such
work is being |
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| performed, at a height of thirty-two (32) feet, for the
purpose |
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| of preventing the person or persons performing such labor, from
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| falling in case of any accident to such working scaffold, |
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| staging, swing,
hammock, support or temporary platform.
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| Section 6. All contractors and owners, when constructing |
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| buildings in
cities,
where the plans and specifications require |
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| the floors to be arched between
the beams thereof, or where the |
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| floors or filling in between the
floors are fire-proof material |
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| or brick work, shall complete the flooring
or filling in as the |
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| building progresses, to not less than within three
tiers or |
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| beams below that on which the iron work is being erected. If |
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| the
plans and specifications of such buildings do not require |
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| filling in
between the beams or floors with brick or fire-proof |
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| material, all
contractors for carpenter work in the course of |
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| construction shall lay the
under flooring thereof or a safe |
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| temporary floor on each story as the
building progresses to not |
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| less than within two stories or floors below the
one to which |
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| such building has been erected. Where double floors are not to
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| be used, such owner or contractor shall keep planked over the |
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| floor two
stories or floors below the story where the work is |
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| being performed. If the
floor beams are of iron or steel the |
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| contractors for the iron or steel work
of buildings in the |
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| course of construction or the owners of such buildings,
shall |
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| thoroughly plank over the entire tier of iron or steel beams on |
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| which
the structural iron or steel work is being erected, |
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| except such spaces as
may be reasonably required for the proper |
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| construction of such iron or
steel work and for the raising and |
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| lowering of materials, to be used in the
construction of such |
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| buildings, or such spaces as may be designated by the
plans and |
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| specifications for stairways and elevator shafts.
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| Section 7. If elevating machines or hoisting apparatus are |
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| used within a
building in the course of construction for the |
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| purpose of lifting materials
to be used in such construction, |
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| the contractors or owners shall cause the
shafts or openings in |
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| each floor to be enclosed or fenced in on all sides
by a |
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| substantial barrier or railing at least eight feet in height. |
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| Any
hoisting machine or engine used in such building |
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| construction shall, where
practicable, be set up or placed on |
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| the ground, and where it is necessary
in the construction of |
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| such building to place such hoisting machine or
engine on some |
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| floor above the ground floor, such machine or engine must be
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| properly and securely supported with a foundation capable of |
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| safely
sustaining twice the weight of such machine or engine. |
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| If a building in
course of construction is five stories or more |
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| in height, no material
needed for such construction shall be |
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| hoisted or lifted over public streets
or alleys unless such |
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| street or alley shall be barricaded from use by the
public. The |
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| chief officer in any city, town or village charged with the
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| enforcement of local building laws, and the Director of Labor |
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| are hereby
charged with enforcing the provisions of this Act. |
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| Provided, that in all
cities in this State where a local |
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| building commissioner is provided for by
law, such officer |
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| shall be charged with the duty of enforcing the
provisions of |
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| this Act, and in case of his failure, neglect or refusal so
to |
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| do, the Director of Labor shall, pursuant to the terms of this |
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| Act,
enforce the provisions thereof.
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| Section 7a. If elevating machines or hoisting apparatus, |
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| operated or
controlled by other than hand power, are used in |
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| the construction,
alteration or removal of any building or |
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| other structure, a complete and
adequate system of |
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| communication by means of signals shall be provided and
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| maintained by the owner, contractor or sub-contractor, during |
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| the use and
operation of such elevating machines or hoisting |
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| apparatus, in order that
prompt and effective communication may |
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| be had at all times between the
operator of engine or motive |
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| power of such elevating machine and hoisting
apparatus, and the |
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| employees or persons engaged thereon, or in using or
operating |
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| the same.
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| Section 9. Any owner, contractor, sub-contractor, foreman |
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| or other
person having charge of the erection, construction, |
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| repairing,
alteration, removal or painting of any building, |
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| bridge, viaduct or
other structure within the provisions of |
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| this Act, shall comply with all
the terms thereof.
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| For any injury to person or property, occasioned by any |
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| wilful
violations of this Act, or wilful failure to comply with |
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| any of its
provisions, a right of action shall accrue to the |
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| party injured, for any
direct damages sustained thereby; and in |
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| case of loss of life by reason
of such wilful violation or |
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| wilful failure as aforesaid, a right of
action shall accrue to |
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| the surviving spouse of the person so killed, the
lineal heirs |
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| or adopted children of such person, or to any other person
or |
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| persons who were, before such loss of life, dependent for |
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| support on
the person or persons so killed, for a like recovery |
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| of damages for the
injuries sustained by reason of such loss of |
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| life or lives.
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09500HB2094ham002 |
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LRB095 08083 AJO 49890 a |
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| Section 10. Any party to an action brought under this Act |
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| is entitled to a
trial by jury.
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| Section 11. Illinois licensed design professionals. |
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| Notwithstanding the provisions of Section 9 of this Act, no |
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| right of action shall accrue under this act against an Illinois |
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| licensed design professional who does not have any |
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| responsibility for work-site safety and whose involvement, |
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| role, and activity is solely and exclusively limited to |
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| architectural, engineering, or land surveying services. For |
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| purposes of this Section, "Illinois licensed design |
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| professional" means a person or entity who, at the time the |
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| services in question were performed, was registered as an |
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| Illinois Professional Design Firm or held an active license as |
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| an architect under the Illinois Architecture Practice Act of |
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| 1989, a structural engineer under the Structural Engineering |
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| Practice Act of 1989, a professional engineer under the |
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| Professional Engineering Practice Act of 1989, or a land |
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| surveyor under the Illinois Professional Land Surveyor Act of |
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| 1989.
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| Section 97. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes. |
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| Section 99. Effective date. This Act takes effect upon |