Pennsylvania Act 1907-225 — REGULATION OF ELEVATORS - REPEALED

Act text

REGULATION OF ELEVATORS - REPEALED
                  Act of May 28, 1907, P.L. 297, No. 225              Cl. 11
                                  AN ACT

     Authorizing the creation of a bureau of elevator inspection and
        the powers thereof, in the cities of this Commonwealth, and
        providing remedies and penalties for violating the provisions
        of ordinances passed or orders made by said bureau in
        relation thereto.

        Compiler's Note:  This act was repealed by implication by the
            act of May 2, 1929 (P.L.1518, No.452), as reenacted and
            amended Apr. 8, 1937 (P.L.277, No.69). Sec. 336 Pa. 433
            (1940).
        Section 1.  Be it enacted, &c., That the several cities of
     this Commonwealth may provide for a bureau of elevator
     inspection, to be in charge of a chief inspector, and containing
     such and so many other inspectors and employes as may, from time
     to time, be needed for the proper management of said bureau. The
     salary of the chief inspector and other inspectors and employes
     shall be such as may, from time to time, be fixed by ordinance.
     In cities containing a Department of Public Safety, the said
     bureau shall form a bureau of said department. In all other
     cities it shall be an independent bureau, subject to such
     control as may be determined by ordinance.
        Section 2.  Such cities may, from time to time, provide that
     every elevator or hoist which may be used in said city, the kind
     and character of materials that may be used therein, or in any
     way of the appliances attached thereto or connected therewith,
     and the kind and character of safety devices required, shall be
     subject to the approval of the chief of said bureau; and may
     provide when and at what times inspection shall be made of said
     elevators or hoists, or of said appliances; what permits shall
     be required for their erection and use; when and what character
     of reports shall be made thereof and of said appliances, and of
     all accidents caused thereby or connected therewith; what charge
     shall be made for said inspection and permits, and where the
     inspection certificate shall be placed--in, upon, or near said
     elevator or hoists--what persons shall be permitted to operate
     them, and, generally, whatever in their judgment is necessary or
     convenient to the public, in the use of said elevators or
     hoists, in order to insure the safety of the passengers or
     property being carried upon the same: Provided, That before any
     particular manufacture of elevator or hoist, or appliances
     connected therewith, shall be finally rejected as dangerous or
     unsafe, the manufacturer thereof shall, if he requests it, be
     given a public hearing before the chief inspector and an
     opportunity to prove the safety and non-dangerous character of
     his make of elevator or hoist or appliance.
        Section 3.  Such cities may provide the penalties which shall
     be charged against and recoverable from those using elevators or
     hoists in violation of the provisions of the ordinances
     regarding the same, or the regulations the bureau adopted in
     accordance with the provisions of such ordinances; and may
     wholly forbid the use of any elevator or hoist not complying
     with the requirements thereof, and may also apply to the proper
     court of common pleas for an injunction whensoever, in the
     opinion of the said bureau, the exigency of the particular cause
     may require it.
        Section 4.  Any owner, lessee, agent, or other person,
     running or authorizing the running of an elevator or hoist in
     disregard of a notice from said bureau to cease so doing, shall
     be guilty of a misdemeanor, and, upon conviction thereof, shall,
     for that fact alone, be subject to a fine not exceeding five
     hundred dollars, or of imprisonment not exceeding three months,
     either or both, at the discretion of the court; and the fact of
     such notice, duly proved, shall be conclusive evidence of
     negligence against such person, in any action to recover for
     injuries to person or property caused by the use of such
     elevator or hoist during the period within which its use was
     forbidden by said bureau; but nothing in this section contained
     shall be so construed as to limit the criminal liability of such
     persons, in case of injury or death caused by the use of any
     such elevator or hoist, either with or without notice from said
     bureau of its dangerous or unsafe character or condition.