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3290i. Exits, doors.--2. Every theater, opera house, or other building accommodating three hundred persons shall have at least two exits. When accommodating five hundred persons, at least three exits shall be provided. Doorways of exits or entrance for the use of the public shall not be less than five feet in width, and for every additional one hundred persons, or portion thereof, to be accommodated in excess of five hundred, an aggregate of twenty inches additional exit width must be allowed. (These doorways of exit and of entrance may be in the front altogether, or in case of a theater or opera house having also an exit and an entrance directly to and from another street, through a way or passage covered or otherwise, the width of one-third of that of the widest part of the auditorium or assembly hall, some of the said doorways may be made therein, to such an extent as said entrance or passage will accommodate the same.) All doors of exits or entrances shall open outwardly, and be hung to swing in such a manner as not to become an obstruction in a passage or corridor, and no such doors shall be locked during any entertainment or when the building is open to the public. Distinct and separate places of exit and entrance shall be provided for each gallery above the first. A common place of exit and entrance may serve for the first floor of the auditorium and first gallery, provided its capacity be equal to the aggregate capacity of the outlets from the main floor and said gallery. No passage leading to any stairway, communicating with any entrance or exit, shall be less that five feet in width in any part thereof.

3290j. Stairways.-3. Stairways serving for the exit of the audience shall be one foot in width for each one hundred persons and in no case shall the width of such stairways be less than four feet. In no case shall the risers of any stairs exceed seven and one-half inches in height, nor shall the treads, exclusive of the nosings, be less than ten and onehalf inches wide. When stairs return directly on themselves, a landing of the full width of both flights, without any steps shall be provided. Stairs turning at an angle shall have a proper landing, without winders introduced at said turn. In stairs when two side flights connect with one main flight no winders shall be introduced, and the width of the main flight shall be at least equal to the aggregate width of said flights. All inclosed staircases shall have on both sides strong hand rails firmly secured in the wall about three inches therefrom, and about three feet above the stairs, but said hand rails need not run on level platform and landings where the same is more in length than the width of the stairs. All stair cases six feet and over in width shall be provided with a center hand rail of hardwood or metal not less than two inches in diameter, placed at a height of about three feet above the center of the treads, and supported on wrought iron or brass standards of sufficient strength, placed not farther than four feet apart and securely bolted to the treads or risers of stairs, or both, and at the head of each flight of stairs, on each landing, the post or standard shall be at least six feet in height to which the rail shall be secured.

3290k. Stage exits, seats, aisles.-4. In all theaters, opera houses, or places of public amusement, where stage scenery or apparatus is used, there shall be provided two direct exterior outlets from the stage. Where dressing rooms are under stage, more than one way of escape shall be provided for each room. All seats in the auditorium, except those contained in the boxes, shall be firmly secured to the floor and no seat in the auditorium shall have more than six seats between it and aisle on either side. All aisles on the respective floors in the auditorium, having seats on both sides of the same, shall be not less than three feet wide where they begin and shall be increased in width towards the exits in the ratio of one and one-half inch to five running feet. Aisles having seats on one side only shall be not less than two feet wide at their beginning and increase in width the same as aisles having seats on both sides, but the provisions of this act shall not apply to any building now in use for theatrical or operatic purposes, but is intended to include all buildings to be hereafter erected or remodeled for theatrical or operatic purposes.

32901. Stand pipes, nozzles, water pipes.-5. In every building used for theatrical, operatic or other purposes, where stage scenery or apparatus is used, stand pipes of at least two inches in diameter shall be provided, with hose attachments of not less than one and one-half inches in diameter or turret nozzles one on each side of the stage, and each level, and at least one in the property room, and one in the carpenter shop, if the same be contiguous to the building. All such stand pipes shall be kept clear from obstructions. Said stand pipes shall be separate and distinct, receiving their supply of water from the city mains, and also a siamese connection on main line, and shall be fitted with the regulation couplings of the fire department, and shall be kept constantly filled with water ready for immediate use at all times during a performance in said building or buildings. Turret nozzles, or a proper and sufficient quantity of at least one and one-half inch hose, with nozzles attached thereto, fitted with the regulation couplings of the fire department, and with hose spanners at each outlet, shall always be kept attached to each hose attachment. There shall also be provided a line of water pipe, of suitable size, across the proscenium arch, to which shall be attached devices that will operate so as to make a water curtain in front or rear of the regular drop curtain. A controlling valve to turn on the water for this water curtain shall be placed on the stage at each side of the proscenium arch. There shall also be kept in readiness for immediate use on the stage, at least two (2) casks full of water, and two (2) buckets to each cask. Such casks and buckets shall be painted red. There shall be provided one (1) fire hook and one (1) fire ax for each side of stage, and for each level. Hooks to be fifteen (15) feet in length, and, together with axes, to be hung on wall in a conspicuous place.

3290m. Exit signs.-6. In every building used for theatrical, operatic or other purposes, where stage scenery or apparatus is used, the word “exit” shall be painted in plain, English letters, not less than eight inches in length over each door or place of egress. Every exit shall have over the same a red light. All lights over exits in the halls, corridors, lobby or any other part of said buildings, used by the audience, except the auditorium, must be independent and controlled by a separate circuit. The switch or shut-off shall be located in the box office or manager's office and controlled only in that particular place, which lights shall remain lighted until the entire audience has left the theater.

3290n. Gradients—Fire-Proof Paint.-7. Gradients or inclined planes shall be employed instead of steps, where the rise is not more than one foot in ten. All woodwork, including the under side of all floor boards, and all scenery used on or about the stage, shall be coated with fireproof paint. The fire resisting qualities shall be tested and approved by the department of inspection.

32900. Stage flues or ducts.—8. There shall be over the stage of every building, where stage scenery or apparatus is used, accommodating more than five hundred people, fiues or ducts extending above the highest roof which forms a part of such building, which flues and ducts shall have an area of at least one-thirtieth of the total area of such stage. The dampers for opening and closing such ducts shall be constructed so as to open instantly on the loosening, cutting or burning of a hempen cord, which shall be arranged to hold said dampers closed, or some other equally simple, approved device for opening them may be provided. These dampers shall be made of sheet metal and the ducts of incombustible material, and shall be properly insulated as regards transmission of heat to adjacent combustible substances.

3290p. Chief inspector-Duty-Prosecutor.-9. It shall be the duty of the chief inspector to cause this act to be enforced and to cause all violators of the same to be prosecuted, and for that purpose he is empowered to inspect all such buildings, in person or by deputy, at all reasonable hours. The prosecuting attorney of any county of this state is hereby required upon request of the chief inspector to commence and prosecute to a termination before any court of competent jurisdiction, in the name of the state, actions or proceedings against any person or persons reported to him to have violated the provisions of this act.

3290q. Construction-Architect—Penalties.—10. Any person erecting or constructing a building, or an architect or other person who shall draw plans or specifications or superintend the erection or construction of a building, in violation of the provisions of this act, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000). And if any building is constructed in violation of this act, each day that such building remains so constructed in violation thereof shall constitute a separate and distinct offense.

3290r. Violations—Penalty.–11. Every person, firm or corporation owning or controlling any theater, opera house or place of amusement, erected or remodeled after the passage of this act where stage scenery or apparatus is used, who fails to comply with any of the provisions of sections 3, 4, 5, 6, 7, or 8 of this act shall, on conviction thereof, be fined in any sum not exceeding fifty dollars ($50.00), and each day of such violation shall constitute a separate and distinct offense.

[Acts 1903, p. 151. In force April 23, 1903.] 3290s. Construction, temporary floors.—1. That it shall be unlawful for any person, firm or corporation engaged in the erection of any building, three stories in height or more, to begin in the erecting of the third story, or any story above the third story, until a floor or protection has been put down on the second story, and a floor or protection shall likewise be put down for the third story before the fourth story is commenced, and so on successively. A floor or protection shall be put down on the last story erected before beginning work on the walls or materials for the next story above. Such floor or floors shall be made of material fitted together sufficiently close to prevent persons, materials or substances of any kind, falling from above, from going through the same, and such floor or floors shall be sufficiently secure as to prevent their tipping up or giving away under a person or persons walking over same. The floors above referred to shall be embodied in the specifications and fully described by the architect or owner.

3290t. Elevating shafts enclosed.—2. If any firm, person or corporation use or cause to be used any elevating machines or hoisting apparatus in the construction or building of any building or other structure for the purpose of lifting or elevating materials to be used in such construction, such firm, person or corporation engaged in constructing such building, shall cause the shafts or openings in each floor to be enclosed or fenced in on all sides by a barrier of suitable material at least four feet high. 3290u. Penalties.-3.

Any person or corporation violating any of the provisions of this act shall be fined not less than twenty-five dollars nor more than one hundred dollars.

3290v. Duty of inspector.-4. The Bureau of Factory Inspection is hereby required to enforce the provisions of this law.

CHAPTER 18.

COMMON CARRIERS.

Section numbers to notes refer to Revised Statutes of 1901.

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[Acts 1905, p. 58. In force April 15, 1905.] 3297a. Actions, allegations, proof.–1. That in all actions against common carriers on account of the failure by such carriers to safely transport and deliver property received by them, it shall be sufficient for the shipper or person entitled to maintain such action to aver and prove, in the first instance, the delivery to and receipt by the carrier of such property for transportation to a point named, together with the failure of the carrier to so transport or deliver and the resulting damage.

3297b. Contract-Defense-Answer.—2. Any limitation by contract of the common law liability of such carrier is hereby made matter of defense which shall be specifically set up by answer and which shall not be provable under a general denial. Such affirmative answer shall state facts showing that the contract counted upon is based upon a sufficient consideration, that it is reasonable, that it was fairly entered into by the shipper after he had been given a bona fide and full opportunity to ship at a fair and reasonable rate without limitation of liability.

3297c. Issue, trial.-3. A reply of a general denial shall be sufficient to close the issue. And the issue thus formed shall be tried as other issues of fact are tried.

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