Scaffolding and Lifts (Amending) Act 1908 (NSW)

Act No. 8, 1908.

SCAKF01,IIIN(! AND All Act to amend tlie Scaftbldiiig and Lifts Act,

L i f t s ( A m k n d i n d ).

1902 ; and for purposes incidental thereto.

[2Ĝ /i Octobry, 1908.]

it enacted 1)V the Kind’s IMost Excelh'nt Majesty, by and with j A the advice and consent of the Leif-islative Council and Lej^islative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

Short title.

1. This Act may be cited as the “ Scaffolding and Lifts

(Amending) Act, 1908,” and shall be construed with the Scaffolding

and Lifts Act, 1902, hereinafter called the Principal Act.

Amendments of

I ’rincipal Act. 2. The Principal Act is lierehy amended as follows: —

(1) Section three, by—

(a)	the addition to the delinition of “ (uigine ” of the following words: “ and includes hand cranes, travelling cranes, and other similar appai’atus or contrivance u.sed in yards, quarries, or other places for the purposi^ of lifting or handling timber, iron, stone, or other materials ” ; and
(b)	in the definition of the word “gear” the addition after the
word “ fastening ” of the word “ hand and
(c)	in the definition of “lift,” the omission of the words “and
comprising a movable platform ” ; and (d)

Act No. 8, 1908.

Scaffolding and L ifts {Amending).

(d) tlie omission of the definition of “ scaffolding,” and the

substitution of tlie following definition :—

“ Scaffolding ” means—

(a)	any structure built up and fixed to a height exceeding eight feet from tlie horizontal base on which it is built up and fixed for erecting, demolishing, alter­ ing, repairing, cleaning, or painting buildings or structures or shijis in dock or on slips, or for the purpose of erecting or demolishing timber stacks; and
(b)	any derrick, shcarlcgs, or other contrivanci' of a like kind used or intended to be used for any of the aforesaid purposes; and
(c)	any projecting structuri' of a greater height from the ground than eight feet, used or intended to be used for any of the above purposes; and
(d)	any swinging stage used or intended to be used for any of the above purposes ; and

(e) the addition in appropriate alphabetical order of the

following definitions :—

“ Authorised attendant” means a person of sixteen years of ago or upwards, certified by an inspector as competent to be placed in charge of a lift.

“ Horizontal base” means ground level: Provided that, where any scaffolding is erected upon permanent floors, wdth w'alls on all sides not less than three feet higher than the scaffold boards, then such permanent floor w'ill be deemed the horizontal base.

“ Passenger l if t” means a lift used chiefly for the con­ veyance of passengers, or certified by an inspector to be a ])assengcr lift.

“ Automatically controlled l if t” means any lift that is certified by an inspector as being fully automatically and mechanically controlled.

“ Steam crane” means steam crane, electric crane, hydraulic crane, or any other power crane or hoist used in connection with building operations, or usc'd in any place for the purpose of lifting or handling timber, iron, stone, or other materials.

(2) Section five, by the insertion of the rvords “ engine or steam crane” after the w'ord “ scalfolding ” wdierever occurring in that section:

Provided that iione of tin* enactments in this or fln̂ Principal

Act relating to the giving of notice of intention to erect, or to set up,

Act No. 8, 1908.

ScaffuhUug ami L if ts {Arnendhuj).

or build scaffolding shall bo taken to apply to the case of ships in dock, or on slips, or to the cas(‘ of tlie erection or demolition of timber stacks.

(3) Section six, by omitting the ivord “ and” before the word “ engines,” and insm'ting after the word “ engines” the words “ and steam cranes.”

(1) Sections nine and ten, by the insertion of tlu' Avords “ or steam cranes” after the word “ engine” or “ engines” wherever occurring in those sections.

R!guiations. 3. (1) The following section is inserted next after section seven

of the Principal A c t:—

7a. The Governor may also make the following regulations

requiring or relating to—

(a)	the proper construction and use of scaffolding, lifts, engines, and steam cranes;
(b)	notice to be giv'en of intention to erect scaffolding, lifts, engines, and steam cranes, and also as to (i) permits to be

■

applied for by persons erecting or altering lifts, (ii) the

plans and descriptions to accompany such applications;

(c) notice to be given to the inspector by persons owning or using lifts existing before the commencement of this A c t;

(d) the certitication of drivers of steam-cranes;

(c) the certitication, qualiffeation, and duties of persons in charge

of lifts ;

tf) the qualifications, jiowers, and duties of inspectors ;

(g)	the matters referred to in the Schedules to the Principal Act;
(h)	the notice to be given to the inspector by owners, lessees, and others, in cases n here the oivnership or right of control of lift has been changed by sale, transfer, or otherwise ;

(i) notice to be given to the inspector by owners, lessees, and

managers of lifts in cases Avherc accidents have occurred ;

(j)	all such other matters as the Governor may deem necessary for carrying this and the Principal Act into ell'cct, and for the observance thereof;
(k)	the enforcement of such regulations by penalties not exceeding twemty pounds.

(2) Every such regulation shall be subject to the provisions

of section seven of the Principal Act.

4. The folloAving sections are inserted next after section eight of the Principal A c t: —

]?assc)iger UJls.

Adthorised 8a. I f any person other Ilian an authorised attendant works, c h a i " ' c o p e r a t e s , or interferes with the working of a passenger lift, lu' shall

be liable to a ]ienalty not excei'ding t<m pounds : Provided that this section shall not applv to the bona fide oAvner, lessee, or manager of

̂ the

Act No. 9, 1908.

(j rass-tree L i censes.

tlic building -wbcrein tlio lift is situated in case of emergency, nor to any workman engaged in inspecting, repairing, or erecting a lift, nor to any automatically controlhal lift.

Si5. The owner, h'ssee, or inanager oC any building containing a Name of a ttem im t

passenger lift shall cause the name of every authorised attendant working the lift to be legibly written or printed and placed and retained in a prominent })art ol' the car of the lift. Any such owner, manager, or lessee failing to comply with tlie provisions of this section shall be liable to a ])enalty not exceeding ten pounds.

6. The following section is inserted next after section nine of

the Principal A ct:—

9a . AVhere it appears to an inspector that any person working inspcftor may

a passenger or goods lift is careless, incompetent, or untrustworthy, the inspector may direct such person to, and he shall thereupon, cease to work, operate, or be in charge of such lif t; and if any ownt'r, lessee, or manager of any premises employs such person in connection Avith a lift Avithout the authority in Avriting of an inspector, he shall be liable to a penalty not exceeding ten pounds.