reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7321.

7321. (a) The division may assess a civil penalty not to exceed seventy thousand dollars ($70,000) against any person owning or having custody, management, or control of the operation of a conveyance, who operates or permits the operation of the conveyance in a condition that is dangerous to the life or safety of any person, or who operates or permits the operation of the conveyance in violation of an order prohibiting use issued pursuant to Section 7301, 7305, or 7314.
(b) The division shall issue an order prohibiting use and may assess a civil penalty not to exceed seventy thousand dollars ($70,000) against any person who constructs, installs, or materially alters a conveyance without a permit issued pursuant to Section 7301.1 that is dangerous to the life or safety of any person.
(Amended by Stats. 2002, Ch. 1149, Sec. 36. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7321.5.

7321.5. The division shall enforce Sections 7320 and 7321 by issuance of a citation and notice of civil penalty in a manner consistent with Sections 6317 and 6319. Any person owning or having custody, management, or control of the operation of a conveyance who receives a citation and notice of civil penalty may appeal to the Occupational Safety and Health Appeals Board in a manner consistent with Section 6319.
(Amended by Stats. 2002, Ch. 1149, Sec. 37. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7322.

7322. (a) Once an authorized representative of the division has issued an order prohibiting the use of a conveyance as specified in Sections 7301, 7305, 7314, or subdivision (b) of Section 7321, the person owning or having custody, management, or operation of the conveyance may contest the order and shall be granted, upon request, a hearing to review the validity of the order. The hearing shall be held no later than 10 working days following receipt of the request for hearing.
(b) After a notice is attached as provided in Section 7305 or subdivision (b) of Section 7321, every person who enters or uses, or directs or causes another to enter or use, any conveyance before it is made safe, or who defaces, destroys, or removes the notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of not more than seventy thousand dollars ($70,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
(c) After a notice is attached for failure to comply with the requirements of Section 7301 or 7314, every person who enters or uses, or directs or causes another to enter or use, any conveyance before it is made safe, or who defaces, destroys, or removes the notice without the authority of the division, is guilty of a misdemeanor punishable by a fine of not more than seven thousand dollars ($7,000), imprisonment in the county jail for not more than six months, or by both that fine and imprisonment.
(Amended by Stats. 2002, Ch. 1149, Sec. 38. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7323.

7323. The division shall propose to the standards board for review, and the standards board shall adopt, regulations for the equipment covered by this chapter. Not later than December 31, 2003, the division shall propose final rulemaking proposals to the standards board for review and adoption, which shall include provisions at least as effective as ASME A17.1, ASME A17.3, ASME A18.1, and ASCE 21, as in effect prior to September 30, 2002. Not later than nine months after the effective date of any revision or any substantive revision to any addendum to these codes, the division shall propose additional final rulemaking proposals to the standards board for review and adoption at least as effective as those in the revised code or addendum. The standards board shall notice the division’s final rulemaking proposals for public hearing within three months of their receipt and shall adopt the proposed regulations promptly and in accordance with subdivision (b) of Section 11346.4 of the Government Code.
(Added by Stats. 2002, Ch. 1149, Sec. 39. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7324.

7324. Individuals, firms, or companies certified as described in this chapter shall ensure that installation, service, and maintenance of conveyances are performed in compliance with the provisions contained in the State Fire Prevention and Building Code and with generally accepted standards referenced in that code.
(Amended by Stats. 2004, Ch. 503, Sec. 16. Effective January 1, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7324.1.

7324.1. This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, testing, or repairing any conveyance or other related mechanisms covered by this chapter for damages to any person or property caused by any defect therein.
(Added by Stats. 2002, Ch. 1149, Sec. 41. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 2 - Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances › Section 7324.2.

7324.2. The provisions of this chapter added or amended by the act enacting this section shall not be applied retroactively. Equipment subject to this chapter shall be required to comply with the applicable standards in effect on the date of its installation or within the period determined by the board for compliance with ASME A17.3, whichever is more stringent.
(Added by Stats. 2002, Ch. 1149, Sec. 42. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7325.

7325. “Building,” as used in this chapter, means any building three stories or more in height, and whether heretofore constructed or hereafter to be constructed, including commercial buildings of all types, office buildings, apartment houses, hotels and buildings used for manufacturing purposes, but excluding dwelling houses occupied by not more than three families, and excluding all buildings constructed with windows that may be, and are, entirely washed and cleaned from inside the building or from a sitting position on the window sill in the manner provided by safety orders issued, or which may be issued from time to time, by the division.
(Amended by Stats. 1945, Ch. 1431.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7326.

7326. There shall be securely attached to the outside window sills or frames of the window of any building, rings, bolts, lugs, fittings, or other devices to which may be fastened safety belts or other devices to be used, or which may hereafter be used by persons engaged in cleaning windows. The division shall, prior to the installation of any such bolts, lugs, rings, fittings, or other devices, approve such bolts, lugs, rings, fittings, or other devices as to their design, durability, and safety. Except as provided in Section 18930 of the Health and Safety Code, the division shall by appropriate rules and orders designate the manner in which said safety devices are to be attached, installed, and used.
(Amended by Stats. 1979, Ch. 1152.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7327.

7327. In lieu of the safety devices enumerated in Section 7326, the division may approve the installation or use of any other devices or means which will effectively safeguard persons engaged in cleaning windows.
(Amended by Stats. 1945, Ch. 1431.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7328.

7328. Any person employing, directing or permitting another to do or perform any labor upon any windows which have not the safety devices as provided for in Sections 7326 and 7327 shall be guilty of a misdemeanor.
(Added by Stats. 1941, Ch. 544.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7329.

7329. Every person owning or entitled to possession, under any lease, sublease, or agreement for a longer period than one year, or under any renewal lease, sublease, or agreement for a period of less than one year, of any building heretofore constructed shall, within six months following the effective date of this chapter, install and provide the safety devices as provided for in this chapter, and thereafter maintain such safety devices in good condition. Any person failing to install or provide and maintain said safety devices as provided for in this chapter shall be guilty of a misdemeanor.
(Added by Stats. 1941, Ch. 544.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7330.

7330. Every person who fails to provide the safety devices as set forth in this chapter upon any building hereafter to be constructed, and who thereafter fails to maintain such devices in good condition, shall be guilty of a misdemeanor.
(Added by Stats. 1941, Ch. 544.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 3 - Safety Devices Upon Buildings to Safeguard Window Cleaners › Section 7331.

7331. The division may make and enforce such safety orders and rules as it considers necessary and proper to carry into effect the purposes and provisions of this chapter.
The division shall give notice to the owner or person entitled to possession of any building that is existing in violation of this chapter or of any rules issued under this chapter. Failure of the person so notified to comply with this chapter and rules issued under it, within 15 days, shall be authority for the division to proceed against such person as authorized in this chapter.
(Amended by Stats. 1945, Ch. 1431.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7340.

7340. As used in this chapter:
(a) “Passenger tramway” includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures.
(b) “Permit” means a permit issued by the division to operate a passenger tramway in any place.
(Amended by Stats. 2016, Ch. 31, Sec. 200. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7341.

7341. A passenger tramway shall not be operated in any place in this state unless a permit for the operation of the tramway is issued by the division, and unless the permit remains in effect and is kept posted conspicuously in the main operating terminal of the tramway.
(Amended by Stats. 2016, Ch. 31, Sec. 201. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7342.

7342. The operation of a passenger tramway by any person owning or having the custody, management, or operation thereof without a permit is a misdemeanor, and each day of operation without a permit is a separate offense. No prosecution shall be maintained where the issuance or renewal of a permit has been requested and remains unacted upon.
(Amended by Stats. 2016, Ch. 31, Sec. 202. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7343.

7343. Whenever a passenger tramway in any place is being operated without the permit herein required, and is in such condition that its use is dangerous to the life or safety of any person, the division, or any person affected thereby, may apply to the superior court of the county in which the passenger tramway is located for an injunction restraining the operation of the passenger tramway until the condition is corrected. Proof by certification of the division that a permit has not been issued, together with the affidavit of any safety engineer of the division that the operation of the passenger tramway is dangerous to the life or safety of any person, is sufficient ground, in the discretion of the court, for the immediate granting of a temporary restraining order.
(Amended by Stats. 2016, Ch. 31, Sec. 203. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7344.

7344. (a) The division shall cause all passenger tramways to be inspected at least two times each year.
(b) At least one of the inspections required by subdivision (a) shall take place between November 15 of each year and March 15 of the succeeding year.
(c) If a passenger tramway is found upon inspection to be in a safe condition for operation, a permit for operation for not longer than one year shall be issued by the division.
(Amended by Stats. 2016, Ch. 31, Sec. 204. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7345.

7345. If inspection shows a passenger tramway to be in an unsafe condition, the division may issue a preliminary order requiring repairs or alterations to be made to the passenger tramway that are necessary to render it safe, and may order the operation or use thereof discontinued until the repairs or alterations are made or the unsafe conditions are removed.
(Amended by Stats. 2016, Ch. 31, Sec. 205. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7346.

7346. Unless the preliminary order is complied with, a hearing before the division shall be allowed, upon request, at which the owner, operator, or other person in charge of the passenger tramway may appear and show cause why he should not comply with the order.
(Amended by Stats. 2016, Ch. 31, Sec. 206. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7347.

7347. If it thereafter appears to the division that the passenger tramway is unsafe and that the requirements contained in the preliminary order should be complied with, or that other things should be done to make the passenger tramway safe, the division may order or confirm the withholding of the permit and may make requirements as it determines to be proper for its repair or alteration or for the correction of the unsafe condition. The order may thereafter be reheard by the division or reviewed by the courts only in the manner specified for safety orders by Part 1 (commencing with Section 6300).
(Amended by Stats. 2016, Ch. 31, Sec. 207. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7348.

7348. If the operation of a passenger tramway during the making of repairs or alterations is not immediately dangerous to the safety of employees or others, the division may issue a temporary permit for the operation of the tramway for a term not to exceed 30 days during the making of repairs or alterations.
(Amended by Stats. 2016, Ch. 31, Sec. 208. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7349.

7349. The inspection herein provided for shall be made by a division safety engineer or, on ski lifts, by a certified tramway inspector qualified under Section 7354.5 and employed by a licensed insurance company. A temporary permit for operation may be issued by a division engineer or by the qualified insurance inspector, on a form furnished by the division, under conditions of Sections 7348 and 7351.
(Amended by Stats. 1974, Ch. 863.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7350.

7350. (a) The division shall fix and collect fees for the inspection of passenger tramways as it deems necessary to cover the costs of the division in administering this chapter. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this chapter. The division shall not charge an inspection fee for inspections performed by certified insurance inspectors, but may charge a fee for processing the permit when issued by the division as a result of the inspection. Notwithstanding Section 6103 of the Government Code, the division may collect the fees authorized by this section from the state or any county, city, district, or other political subdivision.
(b) Whenever a person owning or having custody, management, or operation of a passenger tramway fails to pay any fee required under this chapter within 60 days after the date of notification by the division, the division shall assess a penalty fee equal to 100 percent of the initial fee. For purposes of this section, the date of the invoice fixing the fee shall be considered the date of notification.
(Amended by Stats. 2016, Ch. 31, Sec. 209. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7351.

7351. Fees shall be paid before issuance of a permit to operate a passenger tramway, except that the division, at its own discretion, may issue a temporary operating permit not to exceed 30 days, pending receipt of payment of fees.
(Amended by Stats. 2016, Ch. 31, Sec. 210. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7352.

7352. (a) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund to support the division’s passenger tramway inspection program.
(b) On the effective date of the statute adding this subdivision, any moneys in the Elevator Safety Account that, before that date, were deposited pursuant to this section, subdivision (a) of Section 7904, or subdivision (b) of Section 7929 shall be transferred to the Occupational Safety and Health Fund, together with any assets, liabilities, revenues, expenditures, and encumbrances of that fund that are attributable to the division’s passenger tramway inspection program under this chapter, the portable amusement ride inspection program under Part 8 (commencing with Section 7900), and the Permanent Amusement Ride Safety Inspection Program (Part 8.1 (commencing with Section 7920)).
(Amended by Stats. 2016, Ch. 31, Sec. 211. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7353.

7353. (a) A passenger tramway shall not be constructed or altered until the plans and design information have been properly certified to the division by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code).
(b) Any person who owns, has custody of, manages, or operates a passenger tramway shall notify the division prior to any major repair of the tramway.
(Amended by Stats. 2016, Ch. 31, Sec. 212. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7354.

7354. The division shall not issue an operating permit to operate a passenger tramway until it receives certification in writing by an engineer qualified under the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) that the erection work on the tramway has been completed in accordance with the design and erection plans for the tramway.
(Amended by Stats. 2016, Ch. 31, Sec. 213. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7354.5.

7354.5. (a) Notwithstanding any other provision of this chapter, in any case in which an insurer admitted to transact insurance in this state has inspected or caused to be inspected, by a qualified, licensed professional engineer registered in California pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, any passenger tramway used as a ski lift, the division may, if it finds those inspections were made according to subdivisions (a) and (b) of Section 7344, accept the inspections in lieu of any other inspections for that year, except that the initial inspection of a new ski lift or of a major alteration to an existing ski lift shall be performed by a division safety engineer. A private inspector shall, before commencing his or her duties therein, secure from the division a certificate of competency to make inspections. The division may determine the competency of any applicant for a certificate, either by examination or by other satisfactory proof of qualification.
(b) The division may rescind at any time, upon good cause being shown therefor, and after hearing, if requested, any certificate of competency issued by it to a ski lift inspector. The inspection reports made to the division shall be in a form and content as the division finds necessary for acceptance as a proper inspection made by a private inspector.
(Amended by Stats. 2016, Ch. 31, Sec. 214. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7356.

7356. The division shall, under the authority of Section 7355, promulgate and cause to be published safety orders directing each owner or operator of a passenger tramway to report to the division each known incident where the maintenance, operation, or use of the tramway results in injury to any person, unless the injury does not require medical service other than ordinary first aid treatment.
(Amended by Stats. 2016, Ch. 31, Sec. 215. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7357.

7357. The division shall establish standards for the qualification of persons engaged in the operation of passenger tramways, whether as employees or otherwise. The standards shall be consistent with the general objective of this chapter in providing for the safety of members of the public who use passenger tramways and those engaged in their operation.
(Amended by Stats. 2016, Ch. 31, Sec. 216. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 4 - Passenger Tramways › Section 7358.

7358. (a) The division shall formulate and propose rules and regulations for adoption by the Occupational Safety and Health Standards Board for the safe design, manufacture, installation, repair, maintenance, use, operation, and inspection of all passenger tramways as the division finds necessary for the protection of the general public using passenger tramways.
(b) The division shall adopt all other rules and regulations necessary for the administration and enforcement of this chapter.
(c) Nothing in this section shall affect the validity of existing regulations applicable to passenger tramways or shall limit the authority of the division or the Occupational Safety and Health Standards Board to prescribe or enforce general or special safety orders.
(Added by Stats. 2023, Ch. 133, Sec. 2. (AB 1766) Effective January 1, 2024.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 1 - Permits for Tower Cranes › Section 7370.

7370. (a) The Legislature finds and declares that recent statewide spot inspections of cranes have uncovered a pattern of numerous safety violations so serious and pervasive that safety inspections shall be a continuing priority with regard to all tower cranes in the state.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 1 - Permits for Tower Cranes › Section 7371.

7371. As used in this chapter, the following definitions shall apply:
(a) “Crane” means a machine for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. It may be driven manually or by power and may be a fixed or a mobile machine, but does not include stackers, lift trucks, power shovels, backhoes, excavators, concrete pumping equipment, or straddle type mobile boat hoists.
(b) “Straddle type mobile boat hoist” means a straddle type carrier supported by four wheels with pneumatic tires capable of straddling and carrying boats with high masts and superstructure.
(c) “Tower crane” means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower.
(d) “Mobile tower crane” means a tower crane which is mounted on a crawler, truck, or similar carrier for travel or transit.
(e) “Crane employer” means an employer who is responsible for the maintenance and operation of a tower crane.
(f) “Certificating agency” shall have the same definition as in Section 4885 of Title 8 of the California Code of Regulations.
(Amended by Stats. 1992, Ch. 254, Sec. 1. Effective January 1, 1993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 1 - Permits for Tower Cranes › Section 7372.

7372. (a) The division shall employ safety engineers trained to inspect tower cranes.
(b) The division shall establish a safety inspection program for all tower cranes operated in the state. This safety program shall include:
(1)  Safety inspection of tower cranes twice a year.
(2) Increased penalties for the violation of tower crane safety orders and standards.
(3) Permit fees as described in Section 7373.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 1 - Permits for Tower Cranes › Section 7373.

7373. (a) A tower crane shall not be operated at any worksite unless an employer obtains a permit from the division. The division shall conduct an investigation for purposes of issuing a permit in an expeditious manner. If the division does not issue a permit within 10 days after being requested to do so by a crane employer, the crane employer may operate the crane without a permit.
(b) The division shall set fees to be charged for these permits in an amount sufficient to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article.
(c) The permit for a fixed tower crane shall be valid for the period of time that the tower crane is fixed to the site.
(d) The permit for a mobile tower crane shall be valid for one calendar year.
(Amended by Stats. 2016, Ch. 31, Sec. 217. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 1 - Permits for Tower Cranes › Section 7374.

7374. (a) The division may suspend or revoke the permit of a crane where the employer engages in gross negligence, gross incompetence, or willful or repeated disregard of any occupational safety standard or order involving the crane.
(b) The permit of the crane shall be suspended or revoked for a six-month period for first-time suspensions or revocations, and for a one-year period for each subsequent suspension or revocation. The division shall establish a suspension and revocation hearing procedure and appeal process.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7375.

7375. (a) The division shall adopt regulations for the certification of all cranes and derricks used in lifting service, exceeding three tons rated capacity. Tower cranes shall be certified annually and whenever they are erected on a new site.
(b) These regulations shall specify the procedure for licensing the certificating agencies or agents to conduct certification inspections, and shall establish specific criteria for licensure as a certifier, including a written examination.
(c) No individual may certify a crane in which the individual or his or her employer has a direct or indirect financial interest, nor may an individual certify equipment that belongs to his or her employer. An individual may not certify equipment or devices that he or she has manufactured or helped to manufacture, if the equipment is owned by his or her employer. However, this subdivision shall not prohibit any of the following:
(1) The licensure of certifiers who are employed by insurance carriers that insure the specific crane.
(2) Except with respect to certification of tower cranes, the licensure of certifiers who are employed by an electrical, gas, or telephone corporation, as defined in Sections 218, 222, and 234, respectively, of the Public Utilities Code, or a municipal utility serving a city having a population of 3,000,000 or more, that is issued a certificate of self-insurance pursuant to Article 3 (commencing with Section 16050) of Chapter 1 of Division 7 of the Vehicle Code and that is a self-insured employer under Article 1 (commencing with Section 3700) of Chapter 4 of Division 4 of this code.
(d) The certificating agency shall attest that it tested or examined the device or equipment and found it to meet the requirements of the division.
(e) The certificating agency shall notify the division of any deficiencies found during the crane certification inspection. A certificate shall not be issued until all deficiencies are corrected.
(Amended by Stats. 1994, Ch. 604, Sec. 1. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7376.

7376. (a) The division shall suspend or revoke a license to certify for the following reasons:
(1) Gross negligence, gross incompetency, a pattern of incompetence, or fraud in the certification of a crane.
(2) Willful or deliberate disregard of any occupational safety standard while certifying a crane.
(3) Misrepresentation of a material fact in applying for, or obtaining, a license to certify under this chapter.
(4) Upon a showing of good cause.
(b) The period of suspension or revocation shall be for six months for a first suspension or revocation, and one year for each subsequent suspension or revocation. The certificating agency shall obtain a new license from the division following a suspension or revocation. The division shall establish a hearing procedure and an appeal process for license suspensions and revocations.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7377.

7377. Revocation of a license to certify may be appealed to the Director of Industrial Relations.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7378.

7378. A licensed certifier who fraudulently certifies that a crane is in compliance with the criteria established by the division under subdivision (a) of Section 7375 is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7379.

7379. It shall be a misdemeanor for an individual to engage in the certification of a crane as specified in this chapter if that individual is not licensed pursuant to this chapter. Any violation of this section shall be punishable by imprisonment in the county jail for a period not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or both.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7380.

7380. (a) The division shall set fees for the examination and licensing of crane certifiers as necessary to cover the costs of administering this article. In fixing the amount of these fees, the division may include direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this article.
(b) All fees collected by the division under this chapter shall be deposited into the Occupational Safety and Health Fund.
(Repealed and added by Stats. 2016, Ch. 31, Sec. 219. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7381.

7381. (a) Notwithstanding Sections 6319 and 6425, if serious injury or death is caused by any serious or willful repeated violation of a crane standard, order, or special order, or by any failure to correct a serious violation of a crane standard, order, or special order within the time specified for its correction, the employer shall be assessed a civil penalty in an amount equal to double the maximum penalty allowable for each violation contributing to the injury or death.
(b) Notwithstanding any provision of this division, any employer who violates any tower crane standard, order, or special order, if that violation is a serious violation, shall be assessed a civil penalty of not less than one thousand dollars ($1,000) for each serious violation. The penalty shall not be reduced for any of the reasons listed in Section 6319.
(Amended by Stats. 2017, Ch. 28, Sec. 34. (SB 96) Effective June 27, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7382.

7382. No person shall install or dismantle a tower crane, or increase the height of a crane, known in the construction trade as “jumping or climbing a crane,” without a safety representative of the crane manufacturer, distributor, or a representative of a licensed crane certifier being present on site for consultation during the procedure. The standards board shall adopt a regulation making failure to provide the designated safety representative a serious violation of a safety order. Local governmental entities may restrict the hours during which these procedures may be performed.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7383.

7383. (a) The division shall require all crane employers to disclose all of their previous business identities within the previous 10 years. The disclosure shall be made to the division on forms provided by the division. The division shall maintain the confidentiality of this information.
(b) The division shall consider the violations of safety and health orders and standards of the previous business identities when assessing penalties against a crane employer for current violations.
(c) For purposes of this section “business identities” means current and previous business affiliations in the construction industry which involve the use of cranes. These shall include, but not be limited to, fictitious business names and corporate names.
(d) The purpose of this section is to enable the division to get a complete safety record of crane employers when assessing penalties for the violation of safety orders.
(Added by Stats. 1990, Ch. 1033, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 3 - SAFETY ON BUILDINGS › CHAPTER 5 - Cranes › ARTICLE 2 - Certification › Section 7384.

7384. The division shall prepare an annual report concerning revenues obtained from all funding sources and expenditures. The division shall file the report with the Legislative Analyst, the Joint Legislative Audit Committee, the Department of Finance, and the appropriate policy committees of the Legislature.
(Amended by Stats. 2006, Ch. 538, Sec. 494. Effective January 1, 2007.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 4 - MINING INDUSTRIES › CHAPTER 3 - Underground Telephones › Section 7500.

7500. In all mines operated in the State where a depth of more than five hundred feet underground has been reached, a telephone system shall be established, equipped and maintained by the owners or lessees of the mine with stations at each working level below the depth aforesaid, communicating with a station on the surface of the mine.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 5 - SHIPS AND VESSELS › Section 7600.

7600. Every person who is engaged in the business of loading or unloading ships or vessels, or who is authorized or contracts to load or unload a ship or vessel, or who is in charge of a ship or vessel while it is being loaded or unloaded, and such ship or vessel has a carrying capacity of 50 tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of 18 years to act as signalman or hatch-tender whose sole duty it shall be to observe the operations of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of injury to any of the articles of which the cargo is composed, or of danger to any person in or about the ship or vessel while it is being loaded or unloaded.
(Amended by Stats. 1971, Ch. 1748.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 5 - SHIPS AND VESSELS › Section 7603.

7603. The maximum weight of materials stored on building floors or load-carrying platforms, except those built directly on the ground, shall not exceed their safe carrying capacity.
Material, when stored, shall be piled, stacked, or racked in a manner designed to prevent it from tipping, falling, collapsing, rolling or spreading. Racks, bins, planks, sleepers, bars, strips, blocks, sheets, shall be used when necessary to make the piles stable.
(Repealed and added by Stats. 1967, Ch. 398.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 5 - SHIPS AND VESSELS › Section 7604.

7604. Adequate and substantial bull rails, stringer rails or curbs shall be installed at the waterside of all flush aprons on such wharves, docks or piers as are in active service for movement of cargo therefrom to vessels. This section shall not apply to any pier designed with depressed spur tracks on at least one side, on which cargo is worked between rail cars and ships but not in the narrow wharf area between depressed tracks and pier edge.
(Repealed and added by Stats. 1967, Ch. 398.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 5 - SHIPS AND VESSELS › Section 7605.

7605. The employer shall require that tools, machinery, gear and other equipment subject to wear be inspected at adequate intervals and unsafe conditions corrected. If tools, machinery, gear or equipment are found to be defective or otherwise unsafe, employees shall report the same to the person in charge of work who shall have it discarded, marked and so placed that it cannot be used again until made safe.
(Repealed and added by Stats. 1967, Ch. 398.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 5 - SHIPS AND VESSELS › Section 7606.

7606. Every dock plate shall be constructed and maintained with strength sufficient to support the load carried thereon.
Dock plates shall be secured in position when spanning the space between the dock or the unloading platform and the vehicle. The dock plate, together with its securing devices, where used over spans of different lengths, shall be of such construction as will readily obtain rigid security over such spans.
The dock plates shall be so constructed and maintained that when they are secured in position the end edges of the plate shall be in substantial contact with dock or loading platform, and with the vehicle bed in such manner as to prevent rocking or sliding.
(Repealed and added by Stats. 1967, Ch. 398.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 5 - SHIPS AND VESSELS › Section 7607.

7607. Internal combustion engine-driven equipment shall be operated inside of buildings or enclosed structures only when such operation does not result in harmful exposure to concentration of dangerous gases or fumes in excess of maximum acceptable concentrations. Exhaust pipes shall be installed in such a manner that the exhaust products shall be discharged so as not to be a hazard to the operators.
(Repealed and added by Stats. 1967, Ch. 398.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 1 - Scope of Chapter and General Provisions › Section 7621.

7621. “Boiler” as used in this part means any fired or unfired pressure vessel used to generate steam pressure by the application of heat subject to this part.
(Amended by Stats. 1949, Ch. 1530.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 1 - Scope of Chapter and General Provisions › Section 7622.

7622. “Tank” as used in this part, means any unfired pressure vessel, subject to this part, used for the storage of air pressure or liquefied petroleum gases; provided, however, that for the purpose of shop inspection, “tank” shall mean any unfired pressure vessel built according to the rules of any nationally recognized pressure vessel code.
(Amended by Stats. 1949, Ch. 1530.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 1 - Scope of Chapter and General Provisions › Section 7623.

7623. This part applies to all boilers and tanks which are not specifically exempted in this chapter, or by the general safety orders of the division now in effect or which may be hereafter adopted.
(Amended by Stats. 1949, Ch. 1530.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 1 - Scope of Chapter and General Provisions › Section 7624.

7624. The following tanks are not subject to this part:
(a) Tanks under the jurisdiction or inspection of the United States government.
(b) Air pressure tanks used in household domestic services.
(c) Tanks of 1
1
/
2
cubic feet or less which are not subject to a pressure of more than 150 pounds per square inch.
(d) Air pressure tanks supplied with air by the same air compressor which supplies air for the brakes of any motor vehicle or streetcar, which units of transportation are operated by any person, firm, or corporation subject to the jurisdiction of the United States Department of Transportation or the California Highway Patrol.
(e) Tanks not subject to an internal or external pressure or more than 15 pounds per square inch, irrespective of size.
(Amended by Stats. 1970, Ch. 518.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 1 - Scope of Chapter and General Provisions › Section 7625.

7625. The following steam boilers are not subject to this part:
(a) Boilers under the jurisdiction or inspection of the United States Government, and all other boilers operated by employers not subject to Division 4 of this code.
(b) Boilers on which the pressure does not exceed 15 pounds per square inch.
(c) Automobile boilers and boilers on road motor vehicles.
(Added by Stats. 1945, Ch. 1142.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 6 - TANKS AND BOILERS › CHAPTER 2 - Administration › Section 7650.

7650. Inspections required by this part shall be made either by qualified safety engineers employed by the division or by certified inspectors; provided, however, that shop inspections shall be made by the division, acting through its qualified safety engineers when request therefor is made by any manufacturer of tanks or boilers.
(a) As used in this chapter a “certified inspector” is one who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed, who has an unrevoked certificate of competency issued pursuant to this part, and who is employed by any one of the following:
(1) A county.
(2) A city.
(3) An insurer.
(4) An employer, for the purpose of inspecting only tanks and boilers under his jurisdiction.
(b) As used in this chapter a “qualified safety engineer” is one who is qualified to make inspections or examinations of boilers or tanks according to the rules under which the vessel is constructed. Such qualification is to be determined by a written examination prescribed by the division.
(Amended by Stats. 1949, Ch. 1530.)