Chap. 286.—An ACT to amend and re-enact chapter 14, of acts 1910, en-
titled an act in relation to certain proper sanitary arrangements to be
provided in factories, workshops, mercantile establishments or offices,
and imposing penalties for failure to provide such arrangements, ap-
proved February 9, 1910; approved February 29. 1912, so as to Biwe
the commissioner of labor discretion in office buildings and stores in
cities of five thousand inhabitants or less. (S. B. 139. .\

Approved March 25, 1914.

1. Be it enacted by the general assembly of Virginia, Tha
every factory in which five or more persons are employed, and ever.
factory, workshop, mercantile or other establishment, or office, i:
which two or more children, under eighteen years of age, or women,
are employed, shall be kept clean and free from effluvia arising
from any drain, privy or nuisance, and shall be provided with a
sufficient number of water closets, earth closets or privies, and reas-
onable access shall be afforded thereto; and whenever one or more
males and one or more females are employed 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, neg-
lect 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 punishable or reme-
diable 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 commis-
sioner shall thereupon inquire into the subject of the notice and en-
force the laws relative thereto.

4. A criminal prosecution shall not be instituted against a per-
son for the violation of the provisions of section 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 section has been sent by mail or has been delivered to such per-
son, nor if such changes shall have been made in accordance 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 corpora-
tion, 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.

The application of this law to stores and office buildings in cities
of five thousand inhabitants or less and in towns of five thousand
ania or less shall be left to the discretion of the commissioner
of labor.

6. Any person, firm or corporation who shall violate the pro-
visions ot 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.