Within 48 hours after such examination and finding, the examining physician shall send a report thereof in duplicate, one copy to the (State department of factory inspection) and one to the (State board of health). The report shall be open or in conformity with blanks to be prepared and furnished by the (State board of health), free of cost, to every employer included in section 2, and shall state:

(a) Name, occupation, and address of employee.

(b) Name, business, and address of employer.

(e) Nature and probable extent of disease.

(d) Such other information as may be reasonably required by the (State board of health).

The examining physician shall also, within the said 48 hours, report such examination and finding to the employer, and after five days from such report the employer shall not continue the said employee in any work or process where he will be exposed to lead dusts, lead fumes, or lead solutions, nor return the said employee to such work or process without a written permit from a licensed physician.

SEC. 8. Enforcement. The (State department of factory inspection) shall enforce this act and prosecute all violations of the same. The officers, or their agents, of the said (department) shall be allowed at all reasonable times to inspect any place of employment included in this act.

SEC. 9. Penalties.-Every employer who either personally or through any agent violates or fails to comply with any provision of section 1 or section 3 shall be guilty of a misdemeanor, and on conviction for the first offense shall be fined not less than $100 nor more than $200, and on conviction for the second offense not less than $200 nor more than $500, and on conviction for each subsequent offense not less than $300 nor more than $1,000, and in each case he shall stand committed until such fine and the costs are paid, or until he is otherwise discharged by due process of law.

Every employee who violates or fails to comply with any provision of section 4 shall be guilty of a misdemeanor, and on conviction for the first offense shall be fined not less than $10 nor more than $25, and on conviction for the second offense not less than $20 nor more than $50, and on conviction for each subsequent offense not less than $30 nor more than $100, and in each case he shall stand committed until such fine and the costs are paid, or until he is otherwise discharged by due process of law. Every employer who, either personally or through any agent, violates or fails to comply with any provision of sections 5, 6, or 7, relating to him, and every employee who violates or fails to comply with the provision of section 6 relating to him shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than $10 nor more than $100.

SEC. 10. Definition. In this act, unless the context otherwise requires, "employer" includes persons, partnerships, and corporations.

SEC. 11. Constitutionality.-For the purpose of determining the constitutionality of any provision of this act, section 1 hereof is declared to be independent of and separable from the remaining sections.

SEC. 12. Time of taking effect.-This act shall take effect on the 1st day of October, 1913, except as to subdivisions (a), (b), (c), and (d) of section 3, which subdivisions shall take effect as follows:

Subdivisions (b), (c), and (d) of section 3 on the 1st day of October, 1914.

Subdivision (a) of section 3 on the 1st day of October, 1915.

MUNICIPAL ORDINANCES, RULES, AND REGULATIONS PERTAINING TO PUBLIC HEALTH.

KALAMAZOO, MICH.

Tenement and Dwelling Houses Construction and Sanitary Regulation of. (From Ord. No. 321, Mar. 28, 1912.)

CHAPTER 2, TITLE 2.

SEC. 19. Basement and cellar rooms.-In tenement houses and dwelling houses hereafter erected no room in the basement or cellar shall be constructed, altered, converted, or occupied for living purposes other than for cooking or laundry purposes.

SEC. 20. Cellars and spaces under floors.-When the first floor of any tenement house or dwelling house hereafter erected is occupied or intended to be occupied for living purposes, said floor shall be at least 2 feet above the grade of the adjacent ground, and the space beneath such floor shall be inclosed to prevent the accumulation of rubbish, but provided with ample ventilation and adequate drainings. All cellars and basements in such tenement house or dwelling house shall be properly lighted, ventilated, and drained in all their parts.

SEC. 21. Courts, areas, and yards.—In every tenement house and dwelling house hereafter erected all courts, areas, and yards shall be properly graded and drained so that all water may drain freely into the street or sewer. And when necessary to secure such drainage or to keep such premises in a sanitary condition, such courts, areas, or yards, or such portion thereof as the health department shall order, shall be properly concreted.

SEC. 22. Water and water-closets in tenement houses.-In every tenement house hereafter erected there shall be in each apartment a proper sink with running water. In every such house there shall be within each apartment a separate water-closet, located in the bathroom or a separate compartment. Each such water-closet shall be placed in a compartment completely separated from every other water-closet; such compartment shall be not less than 3 feet wide, and shall be inclosed with plastered partitions, which shall extend to the ceiling. Every such compartment shall have a window opening directly upon the street or upon a yard or court of the minimum size prescribed in this ordinance. Every water-closet compartment hereafter placed in any tenement house shall be provided with proper means of lighting the same at night. If fixtures for gas or electricity are not provided in said compartment, then the door of said compartment shall be provided with translucent glass panels, not less in area than 4 square feet. The floor of every such water-closet compartment, unless the same be placed in a bathroom, shall be made waterproof with asphalt, tile, stone, or some other nonabsorbing waterproof material, and such waterproofing shall extend at least 6 inches above the floor so that said floor can be washed or flushed out without leaking. No drip trays shall be permitted. No water-closet fixtures shall be inclosed with any woodwork. Where in such tenement houses where there are apartments consisting of but one room, it shall be sufficient to provide one water-closet for each two such compartments. In such case such water-closet shall not open into any apartment, but shall be accessible through a public hall, and the door thereof shall be provided with lock and keys; and such compartment and water-closet shall comply in all other respects with the provisions of this ordinance.

SEC. 23. Water and water-closets in dwelling houses.-In every dwelling house hereafter erected where public water mains are reasonably accessible such house shall be provided with a proper sink therein with running water inside the house; and when such water mains are not accessible, such house shall have other water suitable for all domestic purposes, supplied either within the house or within 12 feet thereof, and every such house which is also reasonably accessible to a public or private sewer shall be provided with a water-closet within the house. Such water-closet shall be in a compartment completely inclosed in plastered walls extending to the ceiling, with a window not less than 6 square feet in area opening directly upon the street or upon a yard or court of the minimum dimensions prescribed in this ordinance, and shall not be located in any basement: Provided, That where such house has two or more waterclosets one of them may be located in the basement or cellar, and when so located such water-closet and the compartment containing the same shall, in all other respects, comply with the provisions of this section. Where a sewer is not accessible the closet shall consist of a privy vault, located in the yard, and constructed in accordance with the ordinances of the city relating thereto, and the structure containing such privy shall be provided with adequate means of ventilation.

SEC. 24. Sewer connections.-No tenement house shall hereafter be erected on any street unless there is city water accessible thereto, nor unless there is a sewer accessible thereto. No cesspool or privy vault or similar means of sewage disposal shall be used in connection with any such tenement house, but every such house shall have its plumbing system connected with a sewer before such house is occupied.

SEC. 25. Plumbing. In all tenement houses hereafter erected where plumbing or other pipes pass through floors or partitions, the openings around such pipes shall be sealed or made air-tight with plaster or other incombustible material, so as to prevent the passage of air or the spread of fire from one floor to another or from room to room. All plumbing work, except as otherwise specified in this ordinance, shall be in accordance with the plumbing rules and regulations of said city as adopted by the board of health and board of plumbing inspectors.

CHAPTER 4.

SEC. 3. Water-closets in cellars.-No water-closet shall be maintained in the cellar or basement of any tenement house without a special permit in writing from the health department. Under no circumstances shall the general water-closet accommodations of a tenement house be permitted in the cellar or basement thereof.

SEC. 4. Water-closet accommodations.-In every tenement house existing prior to the passage of this ordinance there shall be provided at least one water-closet for every two families. Every dwelling house existing prior to the passage of this ordinance shall be provided with a water-closet; provided that two adjacent houses, owned by the same owner, and neither of which is occupied by more than one family, may have one water-closet in common.

Sec. 5. Water supply in tenement houses.-Every tenement house shall have water furnished in sufficient quantity at one or more places accessible to each family, on at least one of the floors occupied by or intended to be occupied by said family. But a failure in the general supply of water by the city authorities shall not be construed to be a failure on the part of such owner, provided that proper and suitable appliances to receive and distribute such water have been provided in said house.

SEC. 6. Water supply in dwelling houses.—Every dwelling house shall at all times be supplied with a sufficient quantity of water; in case of houses hereafter erected, such water shall be supplied as provided in section 22, chapter 2; in case of houses erected prior to the passage of this ordinance, such water shall be supplied within the house or on the lot and within 12 feet of the house; city water shall be supplied if reasonably accessible and if not reasonably accessible, then other water suitable for all domestic uses must be supplied.

SEC. 7. Catch basins.—In all tenement houses where sinks are not provided inside the house conveniently accessible to the tenants, one catch basin for every four families shall, where a sewer is accessible, be provided in the yard or court, level with the surface thereof and at a point easy of access to the tenants and such catch basin shall be connected with the sewer. In all dwelling houses where such sinks are not provided, similar catch basins shall be provided, at least one for every two adjacent houses.

SEC. 8. Water-closet and sinks.-In all tenement houses the floor or other surface beneath and around water-closets and sinks shall be maintained in good order and repair, and whenever used by more than one family, such floor or other surface, if of wood, shall be kept well painted with light-colored paint.

SEC. 9. Basement and cellar rooms.—Hereafter in tenement houses or dwelling houses erected prior to the passage of this ordinance, no room in the cellar shall be occupied for living purposes. No room in the basement of such houses shall be so occupied for any purpose, other than cooking or laundry, without a written permit from the health department, and such permit shall be kept readily accessible in the main living room of the apartment containing such room. And no such permit shall be issued unless all the following conditions are complied with:

(1) Such room shall be at least 7 feet high in every part from the floor to the ceiling. (2) There shall be appurtenant to such room the use of a water-closet.

(3) The lowest floor shall be waterproof and damp proof.

(4) Such room shall have sufficient light and ventilation, shall be well drained and dry, and shall be fit for human habitation.

SEC. 10. Cellar walls and ceilings.-The cellar walls and ceilings of every tenement house shall be thoroughly whitewashed or painted a light color by the owner, and shall be so maintained, and the owner of such temement house or dwelling house shall keep all cellars, halls, walls, and ceilings clean and sanitary.

SEC. 11. Repairs.-Every tenement house or dwelling house and all the parts thereof shall be kept in good repair, and the roof shall be kept so as not to leak, and all rainwater shall be so drained and conveyed therefrom as to prevent its dripping onto the ground or causing dampness in the walls, ceilings, yards, or areas.

SEC. 12. Cleanliness of buildings.-The occupant or tenant of every dwelling house and of every apartment in a tenement house, shall keep the same, and every part thereof, and the yards and courts exclusively belonging to the dwelling house or apartment occupied by him, free of all accumulations of dirt, filth, garbage, or other refuse matters. The owner of every such tenement house or dwelling house shall keep all cellars, halls, passages, areas, yards, courts, and spaces appurtenant thereto free from all accumulation of dirt, filth, garbage, or other refuse matters. Such owner, tenant and occupant shall thoroughly cleanse every portion of such tenement house or dwelling house, or the portion owned or occupied, as the case may be, by him, whenever ordered so to do by the board of health.

SEC. 14. Walls and ceilings of rooms.—In all tenement houses, the health department may require the walls and ceilings of every room that does not open directly on the street or yard to be kalsomined white, or painted with white paint when necessary to improve the lighting of such room and may require this to be renewed as often as may be necessary.

SEC. 15. Receptacles for ashes, garbage, and rubbish. The owner of every temement house or dwelling house shall provide for said building proper and suitable conveniences or receptacles for ashes, rubbish, garbage, and other refuse matter. No garbage nor ash chutes shall be constructed, maintained, or used.

SEC. 16. Prohibited uses.-No horse, cow, calf, swine, sheep, goat, or fowl shall be kept in a tenement house or dwelling house or on the same lot or premises thereof within 20 feet of such house, and no tenement house, or the lot or premises thereof, shall be used for a lodging house, nor as a place of public assemblage.

SEC. 18. Bakeries and fat boiling.—No bakery, meat market, and no place of business in which fat is boiled shall be maintained in any tenement house hereafter erected which is not fireproof throughout; and no bakery, meat market, and no place of business in which fat is boiled shall be maintained in any tenement house erected prior to the passage of this ordinance which is not fireproof throughout, unless the ceiling, side walls, and all exposed iron or wood girders or columns within the said bakery, meat market, or within said place of where fat boiling is done are made safe by fireproof materials around the same, and there shall be no openings, either by door or window or otherwise, between said bakery, meat market, or said place where fat is boiled in any tenement house and the other parts of the said building, except that a dumb-waiter communicating between the place where the baking is done or the fat is boiled and the store above may be maintained, if entirely inclosed in a brick shaft with walls not less than 8 inches thick, without any openings whatever, except one door opening into the bakeshop and one door opening into the bakery store. Such openings shall each be provided with a fireproof door so arranged that when one door is opened, or partly opened, the other door shall be entirely closed. SEC. 21. Overcrowding.—If a room in a tenement house or dwelling house is overcrowded, the health department may order the number of persons sleeping or living in said room to be so reduced that there shall not be less than 600 cubic feet of air to each person over 12 years of age and 400 cubic feet of air to each child under 12 years of age, occupying such room.

SEC. 22. Infected and uninhabitable houses to be vacated.-Whenever a tenement house or dwelling house, or any part thereof, is infected with contagious disease, or is unfit for human habitation, or dangerous to life or health by reason of want of repair or of defects in the drainage, plumbing, ventilation, or of the construction of the same, or by reason of the existence on the premises of a nuisance likely to cause sickness among the occupants of said house, the health department may issue an order requiring all persons therein to vacate such house, or part thereof, within not less than 24 hours nor more than 10 days, for the reason to be mentioned in said order. And it shall thereupon and thereafter be unlawful to occupy or permit the occupancy of such house or part thereof until such order has been complied with. The health department, whenever it is satisfied that the danger from said house or part thereof has ceased to exist, or that it is fit for human habitation, may revoke said order or may extend the time within which to comply with the same.

CHAPTER 5.

SECTION 1. Rooms, lighting and ventilation of.-No room in a tenement house erected prior to the passage of this ordinance shall hereafter be occupied for living purposes unless it shall have a window or windows with a total area of 8 square feet between the pulley stiles, opening directly upon a street or upon a yard not less than 10 feet deep, or above the roof of an adjoining building, or upon a court of not less than 25 square feet in area open to the sky without roof or skylight, or unless such room is located on the top floor and is adequately lighted and ventilated by a skylight opening directly to the outer air. Every room which does not comply with the above provisions shall be provided with a sash window opening into an adjoining room in the same apartment, which latter room opens directly on the street or on a yard of the above dimensions by means of a window or windows at least 15 feet in area between the pulley stiles. Said sash window shall be a vertically sliding pulley-hung sash not less than 15 square feet in area between the pulley stiles; both halves shall be glazed with translucent glass, and so far as possible it shall be in line with windows in the said outer room opening on the street or yard, so as to afford a maximum light and ventilation. Where such rooms are already provided either with windows, window open ings. glass sliding doors, or large alcove openings to adjoining rooms, but do not comply with all the provisions of this section, the health department, when satisfied that