CHAP. 62.—An ACT.to amend and re-enact chapter 14, of acts 1910, entitled
an act in relation to certain proper sanitary arrangements to be
provided in factories, workshops, merchantile establishments or offices,
and imposing penalties for failure to provide such arrangements, ap-
proved February 9, 1910.

Approved February 29, 1912. /

1. Be it enacted by the general assembly of Virginia, That
every factory in which five or more persons are employed, and
every factory, workshop, mercantile or other establishment or
office, in which two or more children, under eighteen years of
age, or women, are employed, shall be kept clean and free from
efluvia arising from any drain, privy or nuisance, and shall be
provided with a sufficient number of water-closets, earth-closets
or privies, and reasonable access shall be afforded thereto; and
whenever one or more males and one or more females are em-
ployed together, a sufficient number of separate water-closets,
earth-closets or privies shall be provided for the use of each sex,
and plainly designated; and no person shall be allowed to use a
closet or privy which is provided for persons of the other sex:
provided, in buildings used exclusively for offices the provisions
of this section shall not apply, if separate toilets are within
convenient access, in the buildings wherein the offices are located.

2. The owner, lessee or occupant of any premises which are
used as described in the preceding section shall make the changes
necessary to conform thereto. If such changes are made upon
the order of the commissioner of labor by the occupant or lessee
of the premises, he may within thirty days after the completion
thereof, bring an action against any other person who has an
interest in such premises, and may recover such proportion of the
expense of making such changes as the court may adjudge should
be equitably borne by such other interested party defendant.

3. If it appears to the commissioner of labor that any act,
neglect or fault in relation to any drain, water-closet, privy,
ash pit, water supply, nuisance or other matter in a factory or
workshop included under the provisions of section one is punish-
able or remediable under any law relative to the preservation
of the public health, but not under the provisions of this chapter,
he shall give notice in writing thereof to the board of health of
the city or county in which such factory or workshop is situated,
or to the State health commissioner, and such board of health or
State health commissioner shall thereupon inquire into the sub-
ject of the notice and enforce the laws relative thereto.

4. A criminal prosecution shall not be instituted against a
person for a violation of the provisions of sections one and two
until four weeks after notice in writing by the commissioner of
labor of the changes necessary to be made to comply with the
provisions of said sections has been sent by mail or delivered to
such person, nor if such changes shall have been made in ac-
cordance with such notice. A notice shall be sufficient under the
provisions of this section if given to one member of a firm, or
to the clerk, cashier, secretary, agent or any other officer who has
charge of the business of a corporation, or to its attorney; and
in case of a foreign corporation, to the officer who has charge of
such factory or workshop; and such officer shall be personally
liable for the amount of any fine, if a judgment against the
corporation is returned unsatisfied.

5. Any person, firm or corporation who shall violate the
provisions of this act, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, be subject to a fine of not less than
five nor more than twenty-five dollars, and each day of such
violation may constitute a separate offense.