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91_HB0210eng HB0210 Engrossed LRB9100948DJcd 1 AN ACT concerning structural work. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 ARTICLE 5 5 Section 5-0.01. Short title. This Article may be cited 6 as the Structural Work Act of 1999. References in this 7 Article to "this Act" means this Article. 8 Section 5-1. All scaffolds, hoists, cranes, stays, 9 ladders, supports, or other mechanical contrivances, erected 10 or constructed by any person, firm or corporation in this 11 State for the use in the erection, repairing, alteration, 12 removal or painting of any house, building, bridge, viaduct, 13 or other structure, shall be erected and constructed, in a 14 safe, suitable and proper manner, and shall be so erected and 15 constructed, placed and operated as to give proper and 16 adequate protection to the life and limb of any person or 17 persons employed or engaged thereon, or passing under or by 18 the same, and in such manner as to prevent the falling of any 19 material that may be used or deposited thereon. 20 Scaffold, or staging, swung or suspended from an overhead 21 support more than twenty (20) feet from the ground or floor 22 shall have, where practicable, a safety rail properly bolted, 23 secured and braced, rising at least thirty-four (34) inches 24 above the floor or main portion of such scaffolding or 25 staging, and extending along the entire length of the outside 26 and ends thereof, and properly attached thereto, and such 27 scaffolding or staging shall be so fastened as to prevent the 28 same from swaying from the building or structure. 29 Section 5-2. If in any house, building or structure in 30 process of erection or construction in this State (except a HB0210 Engrossed -2- LRB9100948DJcd 1 private house, used exclusively as a private residence), the 2 distance between the enclosing walls, is more than 3 twenty-four (24) feet, in the clear, there shall be built, 4 kept and maintained, proper intermediate supports for the 5 joists, which supports shall be either brick walls, or iron 6 or steel columns, beams, trusses or girders, and the floors 7 in all such houses, buildings or structures, in process of 8 erection and construction, shall be designed and constructed 9 in such manner as to be capable of bearing in all their 10 parts, in addition to the weight of the floor construction, 11 partitions and permanent fixtures and mechanisms that may be 12 set upon the same, a live load of fifty (50) pounds for every 13 square foot of surface in such floors, and it is hereby made 14 the duty of the owner, lessee, builder or contractor or 15 sub-contractor, of such house, building or structure, or the 16 superintendent or agent of either, to see that all the 17 provisions of this Section are complied with. 18 Section 5-3. It shall be the duty of the owner of every 19 house, building or structure (except a private house used 20 exclusively as a private residence) now under construction or 21 hereafter to be constructed, to affix and display 22 conspicuously, on each floor of such building during 23 construction, a placard stating the load per square foot of 24 floor surface, which may with safety be applied to that 25 particular floor during such construction; or if the strength 26 of different parts of any floor varies, then there shall be 27 such placards for each varying part of such floor. It shall 28 be unlawful to load any such floors or any part thereof to a 29 greater extent than the load indicated on such placards, and 30 all such placards shall be verified and approved by the 31 Director of Labor or by the local commissioner or inspector 32 of buildings or other proper authority in the city, town or 33 village charged with the enforcement of building laws. HB0210 Engrossed -3- LRB9100948DJcd 1 Section 5-4. Whenever it shall come to the notice of the 2 Director of Labor or the local authority in any city, town or 3 village in this State charged with the duty of enforcing the 4 building laws, that the scaffolding or the slings, hangers, 5 blocks, pulleys, stays, braces, ladders, irons or ropes of 6 any swinging or stationary scaffolding, platform or other 7 similar device used in the construction, alteration, 8 repairing, removing, cleaning or painting of buildings, 9 bridges or viaducts within this State are unsafe or liable to 10 prove dangerous to the life or limb of any person, the 11 Director of Labor or such local authority or authorities 12 shall immediately cause an inspection to be made of such 13 scaffolding, platform or device, or the slings, hangers, 14 blocks, pulleys, stays, braces, ladders, irons or other parts 15 connected therewith. If, after examination, such scaffolding, 16 platform or device or any of such parts is found to be 17 dangerous to the life or limb of any person, the Director of 18 Labor or such local authority shall at once notify the person 19 responsible for its erection or maintenance of such fact, and 20 warn him against the use, maintenance or operation thereof, 21 and prohibit the use thereof, and require the same to be 22 altered and reconstructed so as to avoid such danger. Such 23 notice may be served personally upon the person responsible 24 for its erection or maintenance, or by conspicuously affixing 25 it to the scaffolding, platform or other such device, or the 26 part thereof declared to be unsafe. After such notice has 27 been so served or affixed, the person responsible therefor 28 shall cease using and immediately remove such scaffolding, 29 platform or other device, or part thereof, and alter or 30 strengthen it in such manner as to render it safe. 31 The Director of Labor or such local authority, whose duty 32 it is under the terms of this Act to examine or test any 33 scaffolding, platform or other similar device, or part 34 thereof, required to be erected and maintained by this HB0210 Engrossed -4- LRB9100948DJcd 1 Section, shall have free access at all reasonable hours to 2 any building, structure or premises containing such 3 scaffolding, platform or other similar device, or parts 4 thereof, or where they may be in use. All swinging and 5 stationary scaffolding, platforms and other devices shall be 6 so constructed as to bear four times the maximum weight 7 required to be dependent therein, or placed thereon, when in 8 use, and such swinging scaffolding, platform or other device 9 shall not be so overloaded or overcrowded as to render the 10 same unsafe or dangerous. 11 Section 5-5. Any person, firm or corporation in this 12 State, hiring, employing or directing another to perform 13 labor of any kind, in the erecting, repairing, altering or 14 painting of any water pipe, stand pipe, tank, smoke stack, 15 chimney, tower, steeple, pole, staff, dome or cupola, when 16 the use of any scaffold, staging, swing, hammock, support, 17 temporary platform or other similar contrivance are required 18 or used, in the performance of such labor, shall keep and 19 maintain at all times, while such labor is being performed, 20 and such mechanical device is in use or operation, a safe and 21 proper scaffold, stay, support or other suitable device, not 22 less than sixteen (16) feet or more below such working 23 scaffold, staging, swing, hammock, support or temporary 24 platform, when such work is being performed, at a height of 25 thirty-two (32) feet, for the purpose of preventing the 26 person or persons performing such labor, from falling in case 27 of any accident to such working scaffold, staging, swing, 28 hammock, support or temporary platform. 29 Section 5-6. All contractors and owners, when 30 constructing buildings in cities, where the plans and 31 specifications require the floors to be arched between the 32 beams thereof, or where the floors or filling in between the HB0210 Engrossed -5- LRB9100948DJcd 1 floors are fire-proof material or brick work, shall complete 2 the flooring or filling in as the building progresses, to not 3 less than within three tiers or beams below that on which the 4 iron work is being erected. If the plans and specifications 5 of such buildings do not require filling in between the beams 6 or floors with brick or fire-proof material, all contractors 7 for carpenter work in the course of construction shall lay 8 the under flooring thereof or a safe temporary floor on each 9 story as the building progresses to not less than within two 10 stories or floors below the one to which such building has 11 been erected. Where double floors are not to be used, such 12 owner or contractor shall keep planked over the floor two 13 stories or floors below the story where the work is being 14 performed. If the floor beams are of iron or steel the 15 contractors for the iron or steel work of buildings in the 16 course of construction or the owners of such buildings, shall 17 thoroughly plank over the entire tier of iron or steel beams 18 on which the structural iron or steel work is being erected, 19 except such spaces as may be reasonably required for the 20 proper construction of such iron or steel work and for the 21 raising and lowering of materials, to be used in the 22 construction of such buildings, or such spaces as may be 23 designated by the plans and specifications for stairways and 24 elevator shafts. 25 Section 5-7. If elevating machines or hoisting apparatus 26 are used within a building in the course of construction for 27 the purpose of lifting materials to be used in such 28 construction, the contractors or owners shall cause the 29 shafts or openings in each floor to be enclosed or fenced in 30 on all sides by a substantial barrier or railing at least 31 eight feet in height. Any hoisting machine or engine used in 32 such building construction shall, where practicable, be set 33 up or placed on the ground, and where it is necessary in the HB0210 Engrossed -6- LRB9100948DJcd 1 construction of such building to place such hoisting machine 2 or engine on some floor above the ground floor, such machine 3 or engine must be properly and securely supported with a 4 foundation capable of safely sustaining twice the weight of 5 such machine or engine. If a building in course of 6 construction is five stories or more in height, no material 7 needed for such construction shall be hoisted or lifted over 8 public streets or alleys unless such street or alley shall be 9 barricaded from use by the public. The chief officer in any 10 city, town or village charged with the enforcement of local 11 building laws, and the Director of Labor are hereby charged 12 with enforcing the provisions of this Act. Provided, that in 13 all cities in this State where a local building commissioner 14 is provided for by law, such officer shall be charged with 15 the duty of enforcing the provisions of this Act, and in case 16 of his failure, neglect or refusal so to do, the Director of 17 Labor shall, pursuant to the terms of this Act, enforce the 18 provisions thereof. 19 Section 5-7a. If elevating machines or hoisting 20 apparatus, operated or controlled by other than hand power, 21 are used in the construction, alteration or removal of any 22 building or other structure, a complete and adequate system 23 of communication by means of signals shall be provided and 24 maintained by the owner, contractor or sub-contractor, during 25 the use and operation of such elevating machines or hoisting 26 apparatus, in order that prompt and effective communication 27 may be had at all times between the operator of engine or 28 motive power of such elevating machine and hoisting 29 apparatus, and the employes or persons engaged thereon, or in 30 using or operating the same. 31 Section 5-8. It shall be the duty of all architects or 32 draftsmen engaged in preparing plans, specifications or HB0210 Engrossed -7- LRB9100948DJcd 1 drawings to be used in the erection, repairing, altering or 2 removing of any building or structure within the terms and 3 provisions of this Act to provide in such plans, 4 specifications and drawings for all the permanent structural 5 features or requirements specified in this Act; and any 6 failure on the part of any such architect or draftsmen to 7 perform such duty, shall be a petty offense. 8 Section 5-9. Any owner, contractor, sub-contractor, 9 foreman or other person having charge of the erection, 10 construction, repairing, alteration, removal or painting of 11 any building, bridge, viaduct or other structure within the 12 provisions of this Act, shall comply with all the terms 13 thereof, and any such owner, contractor, sub-contractor, 14 foreman or other person violating any of the provisions of 15 this Act shall be guilty of a Class A misdemeanor. 16 And in case of any such failure to comply with any of the 17 provisions of this Act, the Director of Labor may, through 18 the State's Attorney, or any other attorney in case of his or 19 her failure to act promptly, take the necessary legal steps 20 to enforce compliance therewith. 21 If it becomes necessary, through the refusal or failure 22 of the State's Attorney to act, for any other attorney to 23 appear for the State in any suit involving the enforcement of 24 any provision of this Act, reasonable fees for the services 25 of such attorney shall be allowed by the county board in and 26 for the county in which such proceedings are instituted. 27 For any injury to person or property, occasioned by any 28 wilful violations of this Act, or wilful failure to comply 29 with any of its provisions, a right of action shall accrue to 30 the party injured, for any direct damages sustained thereby; 31 and in case of loss of life by reason of such wilful 32 violation or wilful failure as aforesaid, a right of action 33 shall accrue to the surviving spouse of the person so killed, HB0210 Engrossed -8- LRB9100948DJcd 1 the lineal heirs or adopted children of such person, or to 2 any other person or persons who were, before such loss of 3 life, dependent for support on the person or persons so 4 killed, for a like recovery of damages for the injuries 5 sustained by reason of such loss of life or lives. 6 ARTICLE 99 7 Section 99-1. Effective date. This Act takes effect 8 upon becoming law.