State of Illinois
91st General Assembly
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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.

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