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90_HB3696ham001
LRB9010923DJcdam
1 AMENDMENT TO HOUSE BILL 3696
2 AMENDMENT NO. . Amend House Bill 3696 as follows:
3 by replacing the title with the following:
4 "AN ACT concerning structural work."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "ARTICLE 5
8 Section 5-0.01. Short title. This Article may be cited
9 as the Structural Work Act of 1998. References in this
10 Article to "this Act" means this Article.
11 Section 5-1. All scaffolds, hoists, cranes, stays,
12 ladders, supports, or other mechanical contrivances, erected
13 or constructed by any person, firm or corporation in this
14 State for the use in the erection, repairing, alteration,
15 removal or painting of any house, building, bridge, viaduct,
16 or other structure, shall be erected and constructed, in a
17 safe, suitable and proper manner, and shall be so erected and
18 constructed, placed and operated as to give proper and
19 adequate protection to the life and limb of any person or
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1 persons employed or engaged thereon, or passing under or by
2 the same, and in such manner as to prevent the falling of any
3 material that may be used or deposited thereon.
4 Scaffold, or staging, swung or suspended from an overhead
5 support more than twenty (20) feet from the ground or floor
6 shall have, where practicable, a safety rail properly bolted,
7 secured and braced, rising at least thirty-four (34) inches
8 above the floor or main portion of such scaffolding or
9 staging, and extending along the entire length of the outside
10 and ends thereof, and properly attached thereto, and such
11 scaffolding or staging shall be so fastened as to prevent the
12 same from swaying from the building or structure.
13 Section 5-2. If in any house, building or structure in
14 process of erection or construction in this State (except a
15 private house, used exclusively as a private residence), the
16 distance between the enclosing walls, is more than
17 twenty-four (24) feet, in the clear, there shall be built,
18 kept and maintained, proper intermediate supports for the
19 joists, which supports shall be either brick walls, or iron
20 or steel columns, beams, trusses or girders, and the floors
21 in all such houses, buildings or structures, in process of
22 erection and construction, shall be designed and constructed
23 in such manner as to be capable of bearing in all their
24 parts, in addition to the weight of the floor construction,
25 partitions and permanent fixtures and mechanisms that may be
26 set upon the same, a live load of fifty (50) pounds for every
27 square foot of surface in such floors, and it is hereby made
28 the duty of the owner, lessee, builder or contractor or
29 sub-contractor, of such house, building or structure, or the
30 superintendent or agent of either, to see that all the
31 provisions of this section are complied with.
32 Section 5-3. It shall be the duty of the owner of every
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1 house, building or structure (except a private house used
2 exclusively as a private residence) now under construction or
3 hereafter to be constructed, to affix and display
4 conspicuously, on each floor of such building during
5 construction, a placard stating the load per square foot of
6 floor surface, which may with safety be applied to that
7 particular floor during such construction; or if the strength
8 of different parts of any floor varies, then there shall be
9 such placards for each varying part of such floor. It shall
10 be unlawful to load any such floors or any part thereof to a
11 greater extent than the load indicated on such placards, and
12 all such placards shall be verified and approved by the
13 Director of Labor or by the local commissioner or inspector
14 of buildings or other proper authority in the city, town or
15 village charged with the enforcement of building laws.
16 Section 5-4. Whenever it shall come to the notice of the
17 Director of Labor or the local authority in any city, town or
18 village in this State charged with the duty of enforcing the
19 building laws, that the scaffolding or the slings, hangers,
20 blocks, pulleys, stays, braces, ladders, irons or ropes of
21 any swinging or stationary scaffolding, platform or other
22 similar device used in the construction, alteration,
23 repairing, removing, cleaning or painting of buildings,
24 bridges or viaducts within this State are unsafe or liable to
25 prove dangerous to the life or limb of any person, the
26 Director of Labor or such local authority or authorities
27 shall immediately cause an inspection to be made of such
28 scaffolding, platform or device, or the slings, hangers,
29 blocks, pulleys, stays, braces, ladders, irons or other parts
30 connected therewith. If, after examination, such scaffolding,
31 platform or device or any of such parts is found to be
32 dangerous to the life or limb of any person, the Director of
33 Labor or such local authority shall at once notify the person
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1 responsible for its erection or maintenance of such fact, and
2 warn him against the use, maintenance or operation thereof,
3 and prohibit the use thereof, and require the same to be
4 altered and reconstructed so as to avoid such danger. Such
5 notice may be served personally upon the person responsible
6 for its erection or maintenance, or by conspicuously affixing
7 it to the scaffolding, platform or other such device, or the
8 part thereof declared to be unsafe. After such notice has
9 been so served or affixed, the person responsible therefor
10 shall cease using and immediately remove such scaffolding,
11 platform or other device, or part thereof, and alter or
12 strengthen it in such manner as to render it safe.
13 The Director of Labor or such local authority, whose duty
14 it is under the terms of this Act to examine or test any
15 scaffolding, platform or other similar device, or part
16 thereof, required to be erected and maintained by this
17 Section, shall have free access at all reasonable hours to
18 any building, structure or premises containing such
19 scaffolding, platform or other similar device, or parts
20 thereof, or where they may be in use. All swinging and
21 stationary scaffolding, platforms and other devices shall be
22 so constructed as to bear four times the maximum weight
23 required to be dependent therein, or placed thereon, when in
24 use, and such swinging scaffolding, platform or other device
25 shall not be so overloaded or overcrowded as to render the
26 same unsafe or dangerous.
27 Section 5-5. Any person, firm or corporation in this
28 State, hiring, employing or directing another to perform
29 labor of any kind, in the erecting, repairing, altering or
30 painting of any water pipe, stand pipe, tank, smoke stack,
31 chimney, tower, steeple, pole, staff, dome or cupola, when
32 the use of any scaffold, staging, swing, hammock, support,
33 temporary platform or other similar contrivance are required
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1 or used, in the performance of such labor, shall keep and
2 maintain at all times, while such labor is being performed,
3 and such mechanical device is in use or operation, a safe and
4 proper scaffold, stay, support or other suitable device, not
5 less than sixteen (16) feet or more below such working
6 scaffold, staging, swing, hammock, support or temporary
7 platform, when such work is being performed, at a height of
8 thirty-two (32) feet, for the purpose of preventing the
9 person or persons performing such labor, from falling in case
10 of any accident to such working scaffold, staging, swing,
11 hammock, support or temporary platform.
12 Section 5-6. All contractors and owners, when
13 constructing buildings in cities, where the plans and
14 specifications require the floors to be arched between the
15 beams thereof, or where the floors or filling in between the
16 floors are fire-proof material or brick work, shall complete
17 the flooring or filling in as the building progresses, to not
18 less than within three tiers or beams below that on which the
19 iron work is being erected. If the plans and specifications
20 of such buildings do not require filling in between the beams
21 or floors with brick or fire-proof material, all contractors
22 for carpenter work in the course of construction shall lay
23 the under flooring thereof or a safe temporary floor on each
24 story as the building progresses to not less than within two
25 stories or floors below the one to which such building has
26 been erected. Where double floors are not to be used, such
27 owner or contractor shall keep planked over the floor two
28 stories or floors below the story where the work is being
29 performed. If the floor beams are of iron or steel the
30 contractors for the iron or steel work of buildings in the
31 course of construction or the owners of such buildings, shall
32 thoroughly plank over the entire tier of iron or steel beams
33 on which the structural iron or steel work is being erected,
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1 except such spaces as may be reasonably required for the
2 proper construction of such iron or steel work and for the
3 raising and lowering of materials, to be used in the
4 construction of such buildings, or such spaces as may be
5 designated by the plans and specifications for stairways and
6 elevator shafts.
7 Section 5-7. If elevating machines or hoisting apparatus
8 are used within a building in the course of construction for
9 the purpose of lifting materials to be used in such
10 construction, the contractors or owners shall cause the
11 shafts or openings in each floor to be enclosed or fenced in
12 on all sides by a substantial barrier or railing at least
13 eight feet in height. Any hoisting machine or engine used in
14 such building construction shall, where practicable, be set
15 up or placed on the ground, and where it is necessary in the
16 construction of such building to place such hoisting machine
17 or engine on some floor above the ground floor, such machine
18 or engine must be properly and securely supported with a
19 foundation capable of safely sustaining twice the weight of
20 such machine or engine. If a building in course of
21 construction is five stories or more in height, no material
22 needed for such construction shall be hoisted or lifted over
23 public streets or alleys unless such street or alley shall be
24 barricaded from use by the public. The chief officer in any
25 city, town or village charged with the enforcement of local
26 building laws, and the Director of Labor are hereby charged
27 with enforcing the provisions of this Act. Provided, that in
28 all cities in this State where a local building commissioner
29 is provided for by law, such officer shall be charged with
30 the duty of enforcing the provisions of this Act, and in case
31 of his failure, neglect or refusal so to do, the Director of
32 Labor shall, pursuant to the terms of this Act, enforce the
33 provisions thereof.
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1 Section 5-7a. If elevating machines or hoisting
2 apparatus, operated or controlled by other than hand power,
3 are used in the construction, alteration or removal of any
4 building or other structure, a complete and adequate system
5 of communication by means of signals shall be provided and
6 maintained by the owner, contractor or sub-contractor, during
7 the use and operation of such elevating machines or hoisting
8 apparatus, in order that prompt and effective communication
9 may be had at all times between the operator of engine or
10 motive power of such elevating machine and hoisting
11 apparatus, and the employes or persons engaged thereon, or in
12 using or operating the same.
13 Section 5-8. It shall be the duty of all architects or
14 draftsmen engaged in preparing plans, specifications or
15 drawings to be used in the erection, repairing, altering or
16 removing of any building or structure within the terms and
17 provisions of this Act to provide in such plans,
18 specifications and drawings for all the permanent structural
19 features or requirements specified in this Act; and any
20 failure on the part of any such architect or draftsmen to
21 perform such duty, shall be a petty offense.
22 Section 5-9. Any owner, contractor, sub-contractor,
23 foreman or other person having charge of the erection,
24 construction, repairing, alteration, removal or painting of
25 any building, bridge, viaduct or other structure within the
26 provisions of this Act, shall comply with all the terms
27 thereof, and any such owner, contractor, sub-contractor,
28 foreman or other person violating any of the provisions of
29 this Act shall be guilty of a Class A misdemeanor.
30 And in case of any such failure to comply with any of the
31 provisions of this Act, the Director of Labor may, through
32 the State's Attorney, or any other attorney in case of his or
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1 her failure to act promptly, take the necessary legal steps
2 to enforce compliance therewith.
3 If it becomes necessary, through the refusal or failure
4 of the State's Attorney to act, for any other attorney to
5 appear for the State in any suit involving the enforcement of
6 any provision of this Act, reasonable fees for the services
7 of such attorney shall be allowed by the county board in and
8 for the county in which such proceedings are instituted.
9 For any injury to person or property, occasioned by any
10 wilful violations of this Act, or wilful failure to comply
11 with any of its provisions, a right of action shall accrue to
12 the party injured, for any direct damages sustained thereby;
13 and in case of loss of life by reason of such wilful
14 violation or wilful failure as aforesaid, a right of action
15 shall accrue to the surviving spouse of the person so killed,
16 the lineal heirs or adopted children of such person, or to
17 any other person or persons who were, before such loss of
18 life, dependent for support on the person or persons so
19 killed, for a like recovery of damages for the injuries
20 sustained by reason of such loss of life or lives.
21 ARTICLE 99
22 Section 99-1. Effective date. This Act takes effect
23 upon becoming law.".