CHAPTER 5

An Act to amend the Code of Virginia by adding thereto a new section
numbered § 14-184.1, relating to fees for services in civil cases in

the municipal courts of certain cities. H
3]

Approved February 13, 1954
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
§14-134.1, as follows:

_ § 14-134.1. Fees of judges and clerks of municipal courts and cer-
tain justices of the peace.—In cities containing more than two hundred
twenty-five thousand population the fees for services performed by the
judges or clerks of the municipal courts in civil cases, or by justices of
the peace in the event any such services are performed by such justices
in civil cases, shall be as follows:
(1) For issuing any civil warrant, attachment, summons in inter-
rogatory proceedings, summons in garnishment, or other process or sum-
mons for which no other specific fee is prescribed herein, when there is
only one defendant, one dollar, and when there are two or more defendants
or one or more defendants and one or more codefendants in the same
action, one dollar for the first defendant and twenty-five cents for each
additional defendant and each codefendant.

(2) For issuing a summons for a witness or witnesses, twenty-five
cents for each witness.

(3) For granting each continuance except the first of any warrant
or other proceeding pending before the court, twenty-five cents as pro-
vided in § 16-123, but if the continuance is at the instance and for the
convenience of the judge, the fee shall not be charged.

(4) For filing and indexing the papers in any case, twenty-five cents
as provided in § 16-123.1.

(5) For docketing, hearing, entering judgment on, continuing, or
otherwise disposing of on the return day thereof, any civil warrant, notice
of motion, attachment, garnishment, or other action or proceeding, fifty
cents; but if the action or proceeding is on a claim for money or is for
property of a stated value, then such fee shall be fifty cents for each
hundred dollars of value or fraction thereof claimed. If the action is for
the recovery of real estate and the plaintiff claims damages for forcible
or unlawful entry or unlawful detention of the premises, or for rent owing
at the time of the institution of the action, such fee shall be fifty cents on
the proceeding for recovery of the real estate, and fifty cents for each
hundred dollars or fraction thereof of damages or rent or both claimed.
If the action is for the recovery of personal property and the plaintiff
claims damages for the unlawful detention thereof, the amount of damages
claimed shall be added to the value of the property in determining the
amount of the fee. But the fee prescribed herein shall not be charged
if on the return day of the warrant or other proceeding the case is dis-
missed on motion of the plaintiff before any hearing is had or other action
taken in connection therewith. If the action is for the recovery of real
estate and also for damages or rent or both, either the claim for the
real estate or for money due may be dismissed by the plaintiff at any time
and the case retained on the docket as to the other claim; but if either
claim is dismissed on the return day on motion of the plaintiff before
any hearing is had or other action taken in connection therewith, the fee
prescribed herein for such claim shall not be charged.

(6) For issuing an order of seizure in detinue or in any other action
fifty cents.

(7) For issuing any writ or order for the attachment of the person
fifty cents.

(8) For issuing any writ for which no other specific fee is pre-
scribed herein, fifty cents, but no fee shall be charged for issuing any
notice or rule to show cause against the imposition of any fine or other
punishment.

(9) For preparing the bond upon issuing any order or writ,
administering necessary oaths and preparing affidavits in connection
therewith, seventy-five cents, and for taking and filing other bonds not
specified herein, fifty cents.

(10) For taking or filing or for both taking and filing the affidavit
in unlawful detainer actions prescribed in § 8-791, twenty-five cents.

(11) For issuing the first or any subsequent execution on any judg-
ment, fifty cents, and for filing the papers upon the return thereof, twenty
cents as provided in § 16-123.1.

(12) For issuing an abstract of judgment, twenty-five cents, but
if the abstract shows that the homestead is waived or cannot be demanded
as to such judgment the fee shall be fifty cents.

(13) For entering satisfaction of any judgment, twenty-five cents.

(14) For preparing an appeal bond and administering the neces-
ary oaths, or for receiving cash in lieu thereof as authorized by § 16-105,
seventy-five cents. :

(15) For making out and attesting a transcript of the papers and
proceedings in any case, and preparing the necessary certificates and
authenticating such proceedings for use in the courts of other states,
two dollars and fifty cents.

_ _ The fees prescribed in this section shall be the only fees charged in
civil cases by such judges and clerks, and when the services referred to
herein are performed by justices of the peace such fees shall be the only
fees charged by such justices for the prescribed services. Except where
the services are performed by a justice of the peace, the fees pre-
scribed herein shall be paid to the clerk of the court, and shall be accounted
for by him and paid into the city treasury at such times as the director
of finance or other chief financial officer of the city shall require. If the
services are performed by a justice of the peace, the prescribed fees shall
be paid to such justice and shall be accounted for by him as provided

y law.

CHAPTER 5

Miscellaneous Safety Provisions
§ 45-60.1. Ventilation; main fans. (a) Coal mines classified as gaseous
or gassy shall be ventilated by means of main fans installed as follows:

(1) On the surface;

(2) In fireproof housings;

(3) Offset not less than 15 feet from the nearest side of the mine
opening ; provided, however, that this shall not apply to fans that are
offset any distance from the mine opening if they otherwise comply
with subsection (a) of this section;

(4) Equipped with fireproof air ducts and ample means of pres-
sure relief;

(5) In lieu of requirements for the location of the fan and the
pressure relief facilities, the fan may be directly in front of, or over,
the mine opening; provided, however, the opening is not in direct
line with possible forces coming out of the mine if an explosion
occurs, and provided further that there is another opening having
a weak-wall stopping or explosion doors that would be in direct line
with the forces coming out of the mine if an explosion occurs, such
opening to be not less than 15 feet nor more than 100 feet from
the fan opening.

(6) On separate power circuits, independent of any mine circuit;

(7) To permit the reversal of air flow, and, unless the fan 1s at-
tended constantly, shall be provided with an automatic device to
give alarm when the fan slows down or stops. This device shall be
placed so that it will be seen or heard by a responsible person.
possible of combustible material for at least 100 feet in all directions,
where physical conditions permit.

(b) When the main fan of a gaseous or gassy mine fails or stops, the
power shall be cut off from the face regions and the men shall be withdrawn
from these regions. If ventilation 1s restored within a reasonable time, the
face regions and other places where methane is likely to accumulate shall
be examined by properly certified persons, and if found to be free of ezx-
plosive or harmful gas, power may be restored and work resumed. If ven-
tilation ts not restored within a reasonable time, all persons shall be removed
from the mine. The main fan shall be operated for a period of not less than
two hours, and the mine examined by properly certified persons before the
men are permitted again underground. The power wires in face regions
shall not be energized until the mine 1s reported safe following such exam-
nation.

(c) Main fans at gaseous or gassy mines shall be operated continuously,
day and night, unless written permission is granted by the Chief, or by one
of his deputies, to stop the fan. If the main fan of a gaseous or gassy mine
is stopped after all men are out of the mine, the fan shall be operated for
a period of at least two hours before any man is allowed underground.

(d) Coal mines classified as non-gaseous shall be ventilated by main
fans installed as follows:
(1) On the surface;
(2) In fireproof housings;
(3) When considered necessary by the Chief, offset not less than
15 feet from the nearest side of the mine opening.

(e) Main fans shall be inspected daily, and a record kept of the in-
spection. This inspection may be made by any competent person so desig-
nated.

(f) When the main fan of a non-gaseous mine fails or stops and can-
not be started within a reasonable time, the men shall be withdrawn from
the face regions. If ventilation is not restored within a reasonable time,
all persons shall be removed from the mine, and the mine shall be exam-
amined by properly certified persons before the men are permitted again
underground.

(g) Where electric power is available, main mine fans shall not be
powered by means of gasoline-powered engines; provided, however, that
where electric power is not available, or for emergency use, main mine
fans may be powered with internal combustion engines, but they shall be
surrounded with safeguards as follows:

(1) The exhaust system of ventilation must be used unless the
fan is housed in a separate fireproof structure and the fan powered
by electricity, steam or approved diesel engines.

(2) The engine operating the fan shall be offset at least ten feet
from the fan and housed in a separate fireproof structure.

(h) Main fans at non-gaseous coal mines shall be operated continu-
ously except when the mine is shut down with all men out of the mine.

(i) The ventilation in other mines for minerals, stone, sand, clay, tale,
salt, etc., shall be such that the air in all of its workings that are in use
or are to be used by workmen or others shall be free from dangerous
amounts of noxious impurities and shall contain sufficient oxygen to pre-
vent danger to the health of any one employed in any such mine. Where
such conditions cannot be obtained by natural ventilation, approved means
for mechanical ventilation shall be provided and kept in operation until
such workings have been abandoned or until satisfactory natural ventila-
tion shall have been brought about therein.
§ 45-60.2. Ventilation, booster, auxiliary, blower, other fans.—(a)
The use of booster, auxiliary, or blower fans with tubing in the ventilation
of mines in operation is discouraged, and is prohibited except in those
unusual instances when necessary for the safe operation and proper ven-
ttilation of a mine, and except in those mines where they are in use prior
to the effective date of this section. In such cases prior approval, in writ-
ing, for their use must be secured from the Chief.

(b) Auxiliary or blower fans with tubing may be used to ventilate
shaft and slope-sinking operations and their underground connections, and
in driving rock tunnels. ,

(c) The Chief is charged with responsibility to prescribe the safeguards
and conditions required for any approval for use of booster, auxiliary, or
blower fans with tubing, and to make acceptance and compliance with the
requirements a condition of the approval. Failure to comply with require-
ments set forth in the approval will be a violation of this section.

§ 45-60.38. Ventilation; classification of mines; general provisions.—
(a) Any mine in which the percentage of explosive gas exceeds one-fourth
of one per cent at the return of any one split shall be classified as gaseous.

(b) Any mine in which methane has been detected by a flame safety
lamp, or in which there is a record of methane having been ignited, shail
be classified as gassy.

(c) When a mine has been classified as gaseous or gassy, it may be
reclassified by the Chief on request by the operator and recommended by
two or more mine inspectors, provided the mine has met the standards for
another classification for two years continuously, and there is no reason for
the Chief to consider the mine potentially gaseous or gassy to any greater
extent than other mines operating in similar seam condition under lower
classification.

(d) Air in which men work or travel must be promptly improved if it
contains less than 19.5 per cent oxygen, more than 1.0 per cent carbon diox-
we, or 1s contaminated with noxious or poisonous gases.

(e) If the air immediately returning from a split that ventilates any
active workings contains more than 1.0 per cent methane, the ventilation
shall be improved; and if it contains 1.5 per cent or more of methane, the
power shall be cut off from the portion of the mine affected, and the employ-
ees required to withdraw until ventilation is improved.

(f) Face work must be stopped, power to face equipment cut off, and
the employees ordered and required to withdraw until ventilation 1s 1m-
proved whenever gas can be detected on a permissible flame safety lamp
at any point not less than twelve inches from the roof, face, or ribs. This
does not apply to other faces in the entry or slope in which work can be
safely continued.

(g) When because of gas accumulations entries or faces are stopped
waiting for ventilation to be improved, only employees designated to work
on improving the ventilation under competent direction may be permitted
mn the affected area. Power shall not be restored until ventilation ts wm-
proved.

(h) After the effective date of this act face equipment purchased for
use in gaseous mines shall be of the permissible type. After the effective
date of this act the Chief may, if he considers it necessary, require that
face equipment purchased for use in gassy mines or sections thereof be of
the permissible type.

§ 45-60.4. Ventilation; volume of air—(a) When a coal mine has
been classed as gaseous or gassy, the quantity of air passing through the
last open crosscut in any pair or set of active entries shall be not less than
6,000 cubic feet per minute; provided, however, that the quantity of air
reaching the last crosscut in any pair or set of entries in pillar recovery
sections may be less than 6,000 cubic feet per minute if at least 6,000 cubic
feet of air per minute is being delivered to the intake end of the pillar line.
The air current at working faces shall under any condition have a sufficient

volume and velocity to readily dilute and carry away smoke from blasting
and any flammable or harmful gases. Mines now operating without the
prescribed quantity of air in the last open crosscut of each pair or set of
entries may continue to operate in such manner, but prompt action shall
be taken to deliver the required minimum volume of air in the last open
crosscut of each pair or set of entries in the mine.

(b) When a coal mine has been classed as non-gaseous, sufficient air
must be circulated and conducted through all entries, slopes, travelways,
working places, aircourses, and open abandoned areas, to dilute, render
harmless, and carry off noxious and explosive gases emitted in the mine,
including smoke from blasting, and shall not be less than one hundred cubic
feet per man per minute. If mules or horses are used in a mine, five hun-
dred cubic feet per animal per minute must be provided in addition to the
minimum volume specified for men.

(c) At least once each week a properly qualified person shall measure
the volume of air entering the main intakes and leaving the main returns,
the volume passing through the last open crosscut in each active entry, the
volume being delivered to the intake end of each pillar line, and the volume
at the intake and return of each split, and the number of men and animals
regularly assigned on each split. A record of such measure shall be kept
an a book on the surface.

(d) Stations or rooms containing electrical transfomers, rectifiers,
motor generator sets, battery chargers, permanent pumps or air compres-
sors, control rooms, and such other stationary and semi-permanent equip-
ment as would endanger lives of employees in event of equipment fire, shall
be ventilated by a separate split of air, returning direct to the surface.
Where it is impractical to connect directly to return air courses, vents made
out of non-inflammable material may be used, provided the installation ts
approved in writing by the Chief.

(e) Changes in ventilation that may affect the safety of the men shall
be made when the mine is idle. Only those men and supervisors engaged in
major ventilation changes will be permitted in the mine during the change.

(f) In mines classed as gaseous or gassy, the doors for deflecting
and conducting the ventilation shall where practicable be installed in pairs
na manner approved by the Chief. They shall be so spaced as to prevent
interruption to the regular coursing of the air, and they shall be hung and
maintained so that they will be self-closing by gravity or by effective
mechanical means.

(g) In non-gaseous mines single doors may be installed. The method
of installation shall be subject to the approval of the Chief.

(h) Proper breakthroughs shall be made in all pillars at a distance
not exceeding eighty feet apart, and closer when required by the Chief. If
greater distance is required, line brattice shall be used to properly venti-
late the face.

(1) On entries other than room entries, stoppings in crosscuts between
antakes and returns shall be built solidly, substantially, and of incombustible
material.

(7) Crosscuts between rooms shall be closed when necessary to meet
ventilation requirements at working faces.

(k) Dead ending of rooms, slopes, or entries in mines classed as
gaseous or gassy is prohibited, ‘unless it is manifestly impracticable to
drive crosscuts at or close to the faces.

(l) Workings shall not be turned off slopes or entries in by the last
crosscut, except that places may be necked to a depth not exceeding twenty
feet during development of slopes and entries.

(m) Line brattice used to conduct air to the faces of working places
shall be substantially erected, and shall be of flame-resistive brattice cloth,
or a substitute material of equal or better properties.

(n) Overcasts shall be constructed tightly of incombustible materials
and of sufficient strength to withstand falls of roof, or protected against
falling roof, and shall be of ample area to pass the required volume of air.

(o) Not more than 80 persons may be assigned or permitted to work
on any split of air.

§ 45-60.5. Ventilation; abandoned workings.—(a) In gaseous and
gassy mines abandoned workings that cannot be ventilated adequately with
safety to employees must be sealed. The Chief will prescribe rules for
sealing and periodic testing of air and water behind seals. Failure to
comply with rules for sealing and periodic testing will be a violation of this
section.

(6b) Entrances to abandoned workings shall be posted to warn persons
against entering and shall be examined semi-monthly, or more often if
necessary. When posting is inadequate to warn persons against entering,
abandoned workings shall be properly fenced off at all such entrances.

§ 45-68.1. Roof support; testing.—(a) It shall be the duty of the mine
foreman and his subordinate supervisors to ascertain that all workmen
whose duties require them to do so are trained in proper methods of testing
roof, face, and ribs. The mine foreman shall designate the tool or tools
to be used for testing.

(b) Face workers and other employees whose work exposes them to
hazards of falls of rock and coal shall thoroughly test the roof, face, and
ribs, before starting work or before starting a machine, and frequently
thereafter. The required test may be made by any competent person for a
crew.

(c) If roof, face or rib conditions are found to be unsafe, they shall
be corrected by taking down loose material or securely supporting the same
before other work is started.

(ad) If roof, face or rib conditions are found to be unsafe which can-
not be corrected by normal taking down or supporting practices, the place
shall be guarded or a DANGER board put up to prevent unauthorized
entrance and the supervisor shall be promptly notified. The supervisor shall
take the necessary action to correct the dangerous condition, delegating
for this work only men who are capable.

(e) Precautions as outlined in the foregoing paragraphs of this section
shall be taken at any time during work that unsafe roof, face or rib condi-
tions are found to exist.

(f) At least once each shift the supervisor shall examine roof, faces,
ribs, and timbers or supports of all working places for unsafe conditions.
Unsafe conditions found shall be corrected promptly.

(g) The mine foreman or subordinate supervisor shall examine, or
cause to be examined by a competent person, the condition of roof and ribs
of passageways where men travel, at least once each 24 hours of operation.
Unsafe conditions found shall be corrected promptly.

§ 45-68.2. Roof support; system.—(a) Timbering or other adequate
roof support systems suitable to the roof conditions and mining system of
each mine or part of a mine shall be adopted, complied with and required.
Additional timbering or supporting shall be done where necessary.

(b) It shall be the duty of the mine foreman and his subordinate
supervisors to ascertain that all workmen whose duties require the setting
of timbers are trained in the proper methods of setting timbers or placing
supports.
§ 45-68.3. Roof support; timbers; supplies; roof bolting—(a) The
‘ator of each mine shall keep on hand at the mine a sufficient supply
mbers and cap pieces to be used as required in timbering underground
kings. Timbers and cap pieces in required quantities shall be delivered
he working places designated, or in cars to the point at which cars are
ted by the miners.

(b) In handloading mines the miner shall order timbers and cap
es at least one day in advance in order to have in his working place
ifficient supply for his needs. He shall place his order with the mine
man or subordinate supervisor, stating the number and approximate
ith of timbers needed. In mechanical mining the mine foreman shall
up a systematic procedure for ordering and supplying of timbers and
pieces. When timbers are needed in any working place and are not
ilable, no person shall work in that place.

(c) In mines using roof supports other than timbers it shall be the
onsibility of the operator to maintain an adequate supply of materials
wired and to insure their delivery in sufficient quantities to the working
es as needed.

(d) Before roof-bolting is adopted as a means of support, its effec-
mess shall be proved by experimental installations made in rooms or
k entries where there is likely to be little travel after completion. Such
erimental installations of bolts shall be accompanied by adequate con-
tional timbering. After such experimental area has been abandoned for
ular travel, the timbers may be removed and the effectiveness of the
8 observed over such period of time as the Chief shall designate. On the
is of these observations the minimum systematic support standards
ll be determined.

§ 45-68.4. Hoisting.—(a) Only competent engineers shall be placed
tharge of or permitted to operate any engine used for conveying into
hoisting out of any mine. When men are being lowered or hoisted, an
ational engineer competent to act in emergencies shall be present at the
st controls unless the hoist 1s equipped with overspeed, overwind, and
omatic stop controls, except that an additional hoist operator shall not
required on temporary jobs of shaft or slope sinking. At all times when
rare in the mine a competent hoist engineer shall be available to re-
Je notice or signals requiring his presence at the hoist engine controls,
ept that mines equipped with automatic hoists approved and accepted
the Chief shall not be required to have a hoist operator on duty during
-operating hours when it is necessary for experienced and authorized
n to enter the mine for short period inspections of water conditions,
nps, and other situations requiring inspections during non-operating
irs.

(1) Only authorized persons shall enter the hoist engine room,
and no person shall interfere with the hoist engineer in the dis-
charge of his duties. No person shall speak to the hoist engineer
while the engine is in motion, except to give signals to him. This
subsection shall be posted on the door of each hoist engine house.

(b) There shall be a dependable method of signaling, audible to the
st engineer, from all landings in shafts and slopes. Signal codes, ap-
wed by the Chief, shall be used and posted prominently in the engine
ise and at all places where signals are given.

(c) Cages used for lowering and hoisting men shall have the follow-
safety features:

(1) Approved safety catches which shall at all times be kept
in good working condition.

(2) Sufficient and substantial sheet iron or equivalent covers, at
least one-eight inch thick or its equivalent. When conditions permit,
cage roof should have one or two roof opening covers of equivalent
strength, hinged to open upward and toward hoist rope. Where
unusual hazards exist from falling rock, or ore, or other materials,
the Chief may require cage covers of material of greater thickness
and strength than ordinarily specified.

(3) Bridle chains attached to the main hoisting rope above the
socket, from the top cross-piece of the carriage or cage, so that no
single chain may be used for lowering or hoisting persons. Cages
which have approved wire rope thimble and clamps or socket con-
nection attachment to safety catch device are not required to have
these secondary bridle chains unless such connections are unsafe and
unless the Chief directs that secondary bridle chains be provided.

(4) Automatic self-detaching hooks, unless the hoisting engine
be equipped with automatic stopping device, effective to prevent
over-winding.

(5) Enclosed sides and gates, safety chains, or bars across the
end of the cage.

(6) A test of safety catches and inspection of rope, attachment
shall be made on each inspection by the Division, in a manner ap-
proved by the Chief, and results shall be noted in the report of
inspection.

) Hoist engines shall have the following safety features:

(1) Adequate brakes, capable of stopping and holding the fully
loaded unbalanced cage or trip at any point in the shaft, slope, or
on the incline.

(2) An accurate and reliable indicator, showing the position of
the cage or trip, shall be placed in clear view of the engineer.

(3) When men are being lowered or hoisted, the maximum
speed shall not exceed 900 feet a minute.

(4) One round trip shall be made not more than 30 minutes
before hoisting or lowering men. Chainer may ride this check trip
in slope hoisting.

(5) Inspected daily by a designated competent person, and a
record made of inspections.

) Hoist ropes shall have the following safety features:

(1) Adequate size to handle the load and a proper factor of
safety, as defined in the American Standards Association Wire Rope
Standards, and the rope shall be replaced when its use becomes
dangerous as determined by inspection.

(2) The rope shall have at least three full turns on the drum
when extended to its maximum working length, and shall make at
least one full turn on the drum shaft or around the spoke of the
drum (in case of a free drum) and be fastened securely by means
of clamps or other means approved by the Chief.

(3) The hoisting rope shall be fastened to its load by zinc-filled
socket, thimbles and clamps, or other means approved by the Chief.

(4) Ropes shall be examined each operating day by a competent
person and replaced when necessary. A record shall be made of all
inspections, showing condition of ropes and fastenings. Hoist ropes
in shafts shall be kept well lubricated.

) Hoist shafts shall have the following features:

(1) All landings shall be kept clear and free from loose materials
to prevent spillage into shaft, and shall be adequately guarded with
automatic or other gates, chains, or other suitable device to prevent
men from walking into open shaft.

(2) Positive stop blocks or derails shall be placed near all shaft
landings.
or at any cage station when and where men are being lowered or
hoisted at the beginning and end of each operating shift.

(g) No person shall ride upon a cage, skip, or bucket that is loaded
with tools, timber, powder, coal, rock, or other material, except as follows:

(1) When tools and supplies are required for repairs to the
shaft, or when a rider is required to assist in passing materials
through a shaft or incline. In these cases a special signal must be
used and extra care exercised by the hoist engineer.

(2) When hand tools or small amounts of supplies are carried
by workmen in one hand, leaving the other free to hold to bar or
ring provided.

(h) When tools, timber, or other materials are loaded so that their
ends project above, they shall be securely fastened to the hoisting rope or
to the upper part of the cage, skip, or bucket.

(1) No coal or rock shall be hoisted or lowered in one compartment
of a balanced hoisting system while men are being lowered or hoisted in the
other compartment of this balanced system.

(7) No person shall ride on a cage containing a loaded coal or ore car
or on a single deck cage with an empty coal or ore car.

(k) Workmen repairing shafts or tipples shall use safety belts when
they are exposed to hazards of falls.

Adequate illumination shall be provided at each shaft landing.

§ 45-69. Engineers and drum runners; riding in or on cages and cars.
—No operator, or his agent, of any mine worked by shaft, slope or incline
shall place in charge of any engine or drum, used for lowering or hoisting
persons employed in such mine, any but competent and sober engineers or
drum runners. No engineer in charge of such machinery shall allow any
person, except such as may be deputized for such purpose by the operator,
or his agent, to interfere with any part of the machinery, and no person
shall interfere with, or intimidate, the engineer or drum runner in the dis-
charge of his duties. In no case where the mine is operated or worked by
shaft or slope shall more than * twenty persons * be transported on the
slope or in the shaft at one time, without the approval of the * Chief first
having been obtained, and no person shall ride on a loaded cage or car in
any shaft or slope, or on any incline, except regular attendants.

§ 45-69.1. Safety devices and practices.—(a) Locomotives shall be
equipped with proper devices for the rerailing of locomotive cars.

(b) An audible warning device and headlights shall be provided on
each locomotive.

(c) Approved trip markers shall be‘used on the rear of trips pulled
or pushed and on the front of trips lowered into slopes. Markers are not
required to be used during gathering operations at working faces. Per-
missible trip lights, efficient reflectors, or closed non-permissible trip
lights are acceptable as trip markers.

(d) Other than the motorman and trip rider, no person shall ride on
a locomotive unless authorized by the mine foreman, and no person shall
ride on loaded cars or between cars of any trip, except that the trip rider
may ride on the part of the trip adjudged safest by the mine foreman and
concurred in by the mine inspector, preferably the first or the last car.
When officials or other persons authorized by the mine foreman, traffic-
man, haulage boss, or dispatcher, are transported on loaded trips, an empty
car will be placed between the locomotive and the first loaded car; or when
physical conditions of haulage require it as a safety measure, the mine
foreman may designate the rear of trips for the empty car. No brakeman
or driver shall ride on the front bumper of any car or trip.

(e) Motormen and trip riders shall not get on or off the cars, trips,
or locomotives while they are in motion, except that a trip rider may get on
or off the rear end of a slowly moving trip to throw a switch, or perform
other necessary haulage duties.

(f) Slides, skids, or other adequate means shall be used on descend-
ing trips on grades where the locomotive or car tugger hoists is not ade-
quate to control the trip.

(g) Onany slope or plane where the grade: 1s against the loaded trip,
a drag or other suitable device, adequate to derail cars or the trip of cars,
in case they break loose and run back, shall be used.

(h) Uniform haulage signals shall be adopted for each mine or mines
operated, and shall be complied with by all haulage crews.

(1) Flying or running switches are forbidden. Mine rules as to block
signals and other haulage practices not covered in these laws will be com-
plied with by all officials, haulage crews, and other workmen.

§ 45-69.2. Transportation of men.—(a) Mantrips shall be operated
at safe speeds consistent with the condition of roads and type of equipment
used, but not to exceed 12 miles an hour in mine cars or 15 miles an hour
when special substantially covered mantrip cars are used.

(b) Each mantrip shall be under the charge of a responsible person,
and at ie be operated independently of any loaded trip of coal or other
materia

(c) Cars on the mantrip shall not be overloaded, and sufficient cars
in good mechanical condition shall be provided.

(d) No person shall ride under the trolley wire unless suitable covered
mancars are used.

(e) No material or tools shall be transported in the same mine car
with men, and all persons shall ride inside of mantrip cars, except the
motorman and brakeman or trip rider. Where compartmented mancars
are used, tools or supplies (other than explosives) secured so that they
cannot cause injury to men in other compartments, may be transported in
a compartment designated for that purpose.

(f) Men shall not load or unload before the cars in which they are to
ride, or are riding, come to a full stop. Men shall proceed in an orderly
manner to and from mantrips.

(9g) A waiting station shall be provided where men are required to
wait for mantrips. It shall have sufficient room, ample clearance from
moving equipment and adequate seating facilites.

(h) Where hoists are used for handling men in underground slopes, in
mtching beds, or on slopes between two or more beds, the provisions as to
mantrips apply, and special care shall be exercised to insure against cars
breaking loose while being hoisted or lowered.

(1) Where belts are used for transporting men, a minimum clearance
of 18 inches shall be maintained between the belt and the roof or crossbars,
projecting equipment cap pieces, overhead cables, wiring, and other objects.
Where the height of the coal seam permits, the clearance shall not be less
than 24 inches.

(j) The belt speed shall not exceed 250 feet per minute while men are
loading, unloading, or being transported.

(k) The space between men riding on a belt line shall be not less
than five feet.

(l) Loading and unloading stations shall be illuminated properly.

(m) An official or some other person designated by the mine fore-
man shall supervise the loading and unloading of belts and mantrips.

§ 45-69.3. Haulage equipment.—(a) Mine locomotives must be matn-
tained so that brakes are adequate and in good order, sand riggings are
operative, and locomotives are in reasonably safe operating condition.

(b) Other rolling stock must be maintained so that its condition does
not entail undue hazards to transportation crews or to workmen whose
duties require them to work around the haulage.

(c) Cars must be kept reasonably tight to hold coal spillage within
practical limits.

(d) Motormen shall inspect locomotives before operating them and
report conditions found that make operation hazardous. They shall exer-
cise a degree of care of haulage equipment consistent with the type of
service and conditions of operation.

§ 45-69.4. Haulage roads.—(a) The roadbed, rails, joints, switches,
frogs, and other elements of the track of all haulage roads shall be con-
structed, installed, and maintained in a manner consistent with the speed
and type of haulage operations being conducted, to insure safe operation.

(b) Trackswitches, except room and entry development switches, shall
be provided with properly installed throws, bridle bars, and guard ratls.
Switch throws and stands, where possible, shall be placed on the clearance
side, and such switch throws shall operate parallel to the haulage road.

§ 45-69.5. Haulage roads; clearance; shelter holes.—(a) Haulage
roads on entries of coal mines developed after the effective date of this sec-
tion shall have on the clearance side a continuous unobstructed clearance
of at least 24 inches from the farthest projection of moving equipment.

(b) On haulage roads where trolley lines are used, the clearance
shall be on the side opposite the trolley lines.

(c) On the trolley-wire side there shall be sufficient clearance to pre-
vent the farthest projection of moving equipment from rubbing or coming
an contact with ribs or timber.

(d) After the effective date of this section all new sidetracks, part-
ings, or enteries equipped with more than one track, shall have a clearance
of at least 24 inches between the outermost projection of moving traffic.

(e) The clearance space on all haulage roads on entries driven before
or after the effective date of this section shall be kept free of loose rock,
coal, supplies, or other materials; provided that not more than 24 inches
need be kept free of such obstructions.

(f) In exceptional instances in extremely thin seams of coal, the pro-
visions of subsections (a) and (e) herein may be modified for room entries,
such modification to be by the Chief in writing; provided that all persons
shall be instructed to and required to use shelter holes when trips or cars
are passing.

(g) In those exceptional instances where extremely bad roof con-
ditions in thin seams require special timbering, unobstructed clearance in
subsections (a) and (e) may be regarded as measured from the rib or gob
line, collar legs notwithstanding.

(h) Ample clearance shall be provided at all points where supplies
are loaded or unloaded along haulage roads or conveyors.

(4) Shelter holes shall be provided along haulage entries driven in
coal mines after the effective date of this act where locomotive, rope, or
animal haulage 1s used. Such shelter holes shall be spaced not more than
80 feet apart. Except where the trolley wire is six feet six inches or more
above the rail, or guarded effectively at the shelter holes, they shall be on
the side of the entry opposite the trolley wire.

(j) Shelter holes made after the effective date of this Act shall be at
least five feet in depth not more than four feet wide, and six feet in height,
or ag high as the seam of coal if the traveling space is less than six feet

igh.

(k) Room necks and crosscuts may be used as shelter holes.

(l) Shelter holes shall be kept reasonably clear of refuse and other
obstructions.
(m) Shelter holes shall be provided at switch throws, except where
more than six feet of clearance is maintained, and at room switches.

(n) On every level of a non-coal mine on which mechanical or animal
haulage is employed, haulage entries driven after the effective date of this
act, shall have a clearance of at least eighteen inches between the sides of
the entry and the farthest projection of moving equipment, or there shall
be a clearance of twenty-four inches on one side, or shelter holes shall be
cut every one-hundred feet. Such shelter holes shall be plainly marked.

§ 45-69.6. First aid equipment; accidents.—(a) Each mine shall have
an adequate supply of first aid equipment to be used only in case of injury
to employees or sickness on the job. These supplies shall be kept at suitable
locations on the surface or underground so as to be readily accessible in
case of injury. A stretcher, a woolen and a waterproof blanket in good
condition, splints, bandages, and such other supplies as may be required for
rendering adequate first aid shall be maintained at the locations designated.
Small supplies, kept in a kit, may be under the control of designated per-
sons, provided they are promptly available to employees served by the first
aid supply point.

(6) No person shall tamper with or remove any first aid supplies
other than for use in caring for injured persons and those who become sick
while in the mine.

§ 45-69.7. Flame safety lamps.—(a) All flame safety lamps used for
examining coal mines or for working therein shall be permissible. When not
in use, they will be in the care of certified officials or other competent desig-
nated persons, who will disassemble, examine, clean, fill, and deliver them,
locked and in safe condition, to their users before they enter the mine.
Flame safety lamps shall not be unlocked or disassembled inside any coal
mine.

(b) At least one permissible flame safety lamp shall be kept in safe
working condition at each coal mine. Not less than twenty-five per cent of
those in use or one, whichever is greater, shall be kept in reserve at each
mine classed as gaseous or gassy for use in emergency.

(c) Permissible flame safety lamps shall be entrusted for use only to
certified persons or to approved competent persons who have been accredited
as users of flame safety lamps as required in this act.

(d) Every person who knows his flame safety lamp to be injured or
defective shall immediately extinguish it and promptly report its condition
to his supervisor, the mine foreman, or to the designated lamp attendant.
Defective lamps must be kept separate from others until repaired.

§ 45-70. * Checking systems. * Each mine shall have a check-in and
check-out system that will provide positive identification upon the person of
every individual underground. An accurate record of the men in the mine,
which shall consist of a written record, a check board, or a time clock record,
shall be kept on the surface in a place that will not be affected in the event
of an explosion. Said record shall bear a number identical to the identifi-
cation check carried by the person underground.

§ 45-71. * Mine outlets— * (a) Two available openings to the surface
are required from each seam or stratum of coal worked. In drift or slope
mines, these openings provided after the effective date of this act must be
separated by not less than 40 feet of natural strata, and all connections be-
tween them not used for the coursing of air, travel or haulage, shall be
closed with stoppings of fireproof material. In shaft mines these openings
provided after the effective date of this act must be separated by not less
than 200 feet of natural strata. The second opening may be made through
an adjoining mine. Until these provisions are met, not over twenty men
shall work in the mine at one time, and no additional development shall be
permitted until the connection is made to the second opening. In mines
wherein final pillar robbing operations necessitate closing the second open-
ing, the above limitations as to number of men permitted to work will apply
until the mine is worked out and abandoned.

(b) Both openings shall be kept in good condition, and shall at all times
be reasonably safe and convenient for entering and leaving the mine. At
all points where the passageway to the escapeway or escapement shaft
1s intercepted by roadways, entries, or other passageways, conspicuous
signboards shall be placed to indicate the direction to the place of exit.

§ 45-71.1. Mine openings; escapeways.—(a) New shafts and partt-
tions therein, made after the effective date of this act, shall be as nearly
fireproof as is practicable.

(b) Mine openings, where there is danger of fire entering the mine,
shall have adequate protection against surface fires or dangerous volumes
of smoke entering the mine.

(c) There shall be at least two travelable passageways out of each sec-
tion of each mine, one of which may be the haulage road.

(d) Escapeways shall be equipped with stairways, ladders, or cleated
walkways when needed, installed in such manner that men using them in
emergencies may do so quickly and without undue hazard. Direction signs
shall be posted conspicuously to indicate manways and designated escape-
ways.

§ 45-72. Prohibited acts by miners, workmen or other persons.—
(a) No miner, workman or other person shall knowingly damage any shaft,
lamp, instrument, air course or brattice, or obstruct airways, or carry
matches or open lights in the places worked by safety lamps, or carry there-
in any intoxicating liquors, or disturb any part of the machinery or ap-
pliances, or open a door used for directing ventilation and fail to close it
again, or deposit human excretion in airways, or enter any part of a mine
against caution; or disobey any order given in carrying out any of the pro-
visions of this chapter; or do any other act whereby the life or health of
any person employed in the mine, or the security of the mine is endangered.

* *

(b) Open lights, smoking, and smokers’ articles, including matches,
are prohibited in mines classed as gaseous or gassy. No person shall at
any time enter such mines with or carry therein any matches, pipes, cigars,
cigarettes, or any device for making lights or fire not authorized or ap-
proved. In all such mines the operator shall at frequent intervals search,
or cause to be searched, any person, including his clothing and material
belongings, entering or about to enter the mine, or inside the mine, to pre-
vent such person from taking or carrying therein any of the above-men-
tioned articles.

(c) No person shall at any time carry into any mine any intoxicants,
or enter any mine while under the influence of intoxicants.

§ 45-74. Notice to * Chief of unsafe mine; examination and closing.—
If such inspector deems it necessary for the protection of the lives and
health of the persons employed in any mine mentioned in § 45-73, or part
thereof, he shall, after giving one day’s notice in writing to the operator, or
his agent, notify immediately the * Chief, who shall forthwith examine the
mine, or part thereof, reported to be unsafe.

If, upon such examination, any mine, or any part thereof, is in fact
found to be in an unsafe condition, the * Chief shall forthwith order the
mine, or part of such mine, closed until it is placed in a safe and proper
condition for mining operations.

§ 45-75. Proceedings to open closed mine.—The owner or operator
of any mine, or part thereof, closed under the provisions of § 45-74 may
apply to the circuit court in whose jurisdiction such mine is located, or
the judge thereof in vacation, by petition, for an order directing such mine,
or part thereof, to be reopened. Such court, or judge, shall promptly hear
and determine the matters arising upon such petition and if, upon full
hearing thereof, the court, or the judge thereof in vacation, shall find that
the mine, or the part thereof, is in a reasonably safe condition, the prayer
of the petition shall be granted. At least three days’ notice of the hearing
shall be given to the mine inspector appointed for, and acting in, that dis-
trict and to the * Chief, before the hearing. In all such hearings the At-
torney General or the local Commonwealth’s attorney, upon request of the
* Chief, or his deputy, shall appear in behalf of the State.

§ 45-77. Rock dusting. * (a) All dry coal mines, or parts of mines, or
sections thereof, shall be rock dusted if conditions are found to be so dusty
as to constitute a hazard after proper inspection. Should such conditions
be found to exist, the Chief or his accredited representative shall require
the necessary rock dusting to make the mine, part of mine, or section safe.

(b) In all mines accumulations of fine dry coal dust shall, as far as
is practicable, be removed from the mine, and all dry and dusty operating
sections kept thoroughly watered or rock dusted, or the dust allayed by
other methods approved by the Chief; but in every dusty mine, or in any
part or section thereof rock dusting shall be applied to maintain at all
times a minimum percentage of 65 per cent of noncombustible matter to
within 40 feet of the faces, and under certain special conditions the Chief
may require that places be rock dusted to the faces. All open break-
throughs within the 40-foot zone shall be rock dusted. Samples taken to
determine noncombustible content shall be taken around the perimeter of
the place. The term “dusty mine” shall not include a wet or damp mine,
but the provisions hereof relating to rock dusting shall apply to any dusty
part or section of a wet or damp mine. The Chief may at his discretion ap-
prove rock dusting regulations consistent with advanced mining methods.

§ 45-77.1. Coal dust accumulation—(a) Coal dust shall not be
allowed to accumulate in dangerous quantities along conveyor lines, road-
ways, at loading points, or at underground tipples. Coal dust in dangerous
quantities in abandoned areas shall, where practicable, be rendered inert.

(b) Where mining operations raise a dangerous amount of dust into
the air currents, water or water with a wetting agent added to it, or other
effective methods, shall be used to allay such dust at its source.

§ 45-79. Directing foreman and employees to comply with law.—The
operator, or superintendent, shall cooperate with the mine foreman and
other officials in the discharge of their duties as required by this title, and
he shall direct * the mine foreman and all other employees under his em-
ployment to comply with the law in all of its provisions, especially when his
attention is called, by the * Chief or his deputies, to any violation of the

ws.

§ 45-81. Occurrences of which notice to be given * Chief.—The opera-
tor or superintendent of every mine shall, at least ten days preceding, send

the * Chief written notices of the following occurrences:

(1) When a mine is about to be abandoned;

(2) When the working of a mine is to be resumed after abandonment,
or after a discontinuance for a period exceeding thirty days, such mine
shall be inspected and meet the approval of the * Chief before operations

gin;

(3) When any change occurs in the name of a mine, or in the name of
the operator of a mine; and

(4) The opening of any new mine.

(5) The name of mine, location of mine, name of operator and post
office address must be given in all written notices.

Any owner, operator, or lessee violating any of the provisions of this
section, shall be guilty of a misdemeanor, and shall be fined not less than
twenty-five dollars nor more than two hundred dollars, at the discretion of
the court. Each day the mine is operated in violation of this provision
shall constitute a separate offense.

§ 45-82. * Electricity; trolley and * feeder wires.— * Trolley and
feeder wires shall be installed as follows:

(1) Aligned properly and, where installed after the effective date of
this act, at least six inches outside the track gauge line.

(2) Provided with cutout switches at intervals of not more than 2,000
feet, and near the beginning of all branch lines.

(3) Kept taut and not permitted to touch the roof, rib, or cross bars.
Particular care shall be taken where they pass through door openings to
preclude bare wires from coming in contact with combustible material.

(4) Trolley or bare feeder cables shall be guarded adequately where
it is necessary for men to pass or work under them regularly unless the
wires are more than six and one-half feet above the top of the rail. They
shall also be guarded adequately on both sides of doors, and at all stations
designated for the loading and unloading of mantrips, and at sand boxes.

(5) After the effective date of this act underground installations of
electric face equipment shall not exceed 300 volts direct current or 480 volts
alternating current. Hand held alternating current electric drills shall
not exceed 440 volts.

(6) All trolley and positive feed wires shall be placed on the opposite
side of the track from refuge holes or necks of rooms, when so ordered
by the * Chief, and wires may be placed across the necks of rooms when
protected as provided for in this section. - .

§ 45-82.1. Electricity; power circuits.—(a) All power wires, except
trailing cables, and portable power cables, ground and return wires,
whether bare or insulated, and except where adequately buried, shall be
supported on well-installed insulators and shall not touch combustible
material, roof or ribs. Power wires or cables installed prior to the effec-
tive date of this act, in locations inaccessible without prohibitive expense,
may be continued in use if approved by the Chief.

(b) Power wires shall be insulated properly when passing through
doors and stoppings, and where they cross other power circuits.

(c) Signal wires and telephone wires shall be run at a safe distance
from the power wires, and where possible placed on opposite side of slope
or heading.

(d) Where track is used as a power conductor:

(1) Tracks shall be bonded and cross-bonded in such manner as
to assure adequate return.
(2) Switches on entries shall be well bonded.

(e) Employees called upon to do work on energized electric circuits or
energized parts of electrical equipment shall use properly tested lineman’s
electric gloves and leather protector gloves.

§ 45-82.2. Electricity; transformer and conversion equipment sta-
tions.—(a) All surface transformers, unless of “dead front’ construction
or unless installed at least erght feet above ground, shall be enclosed in a
house or surrounded by a fence at least 6 feet high. If the enclosure its of
metal, it shall be grounded effectively. The gate or door to the enclosure
shall be kept locked at all times, unless authorized persons are present.

(b) Underground transformers purchased after the effective date of
this act shall be air cooled or non-inflammable liquid cooled.

(c) Underground stations containing transformers or circuit breakers
filled with inflammable oil shall be provided with door sills or their equiva-
lent, which will confine the oil if leakage or explosion occurs, and shall be of
fireproof construction. :
(d) Transformers shall be provided with adequate overload protection.

(e) All underground transformers or conversion equipment, whether
permanent or portable, shall be kept in housings of fireproof construction;
provided that equipment designed and constructed to be fireproof is ex-
empted from this requirement.

(f) The operator of every mine where transformers or conversion
equipment 1s installed underground shall designate or cause to be designated
on the map provided for by law the locations of transformer and conversion
equipment stations. |

(g) “Danger—High Voltage” signs shall be posted conspicuously on
all transformer enclosures, high-potential switchboards, and other high-
potential installations.

§ 45-82.8. Electricity; circuit breakers and switches.—(a) Circuit
s Seon or other overload devices shall be provided to protect power
circuits.

(ob) Insulating platforms of wood, rubber, or other suitable non-con-
ductive material shall be kept in place at each switchboard, underground
telephone station, and at stationary machinery where shock hazards exist.

§ 45-82.4. Electricity; telephones.—Telephone service or approved
equivalent means of communication shall be provided between the surface
and the bottom of each main shaft or slope. Adequate communication
systems shall be provided to other active sections of the mine.

§ 45-82.5. Electricity; hand-held drills; trailing cables.—(a) Electric
drills or other electrically operated rotating tools intended to be held in the
hands shall have the electric switch constructed so as to break the circuit
when the hand releases the switch, or shall be equipped with friction or
safety clutches.

(b) All new trailing cables installed after the effective date of this
section shall be safely and effectively insulated by flame resistive materials.

§ 45-82.6. Electricity; underground illumination. — Electric lights
shall be installed so that they cannot come in contact with combustible
materials, and the wires shall be supported by suitable insulators and
fastened securely to the power conductors.

§ 45-82.7. Welding and cutting; blowtorches.—(a) No person shall
build a fire or cause a fire to be built in any coal mine, except as provided
hereinafter.

(6) Blowtorches may be used by competent persons in mines, provided
suitable precautions are taken against ignition of methane, coal dust, or
combustible materials, that means are provided for prompt extinguishment
of fires accidentally started, and fuel 1s properly controlled. Blowtorches
must be maintained at all times in good operating conditions and leakproof.

(1) Fuel for blowtorches, in quantities not exceeding one day’s
supply, must be transported from the surface in approved safety
cans, leakproof and sturdy. In transferring to the torch, a funnel
or flexible nozzle must be used to avoid spillage, and neither the
supply can nor the torch shall be opened within 25 feet of any open
light or other thing containing or apt to contain fire, arcs, or sparks.

(c) Welding and cutting may be done in mines, provided that all
equipment and gauges are maintained in good order and not abused, suit-
able precautions are taken against ignition of methane, coal dust, or com-
bustible materials, that means are provided for prompt extinguishment of
fires accidentally started, and only persons who have demonstrated com-
petency in welding and cutting are entrusted to do this work. Adequate
eye protection shall be used by all persons doing welding or cutting, and
precautions taken to prevent other persons from exposure that might be
harmful to their eyes.

ee a es > pa | a , SO a US SS hlULelhUe - — 2 7 Fa th ea Tate ~~, £%°* ff Ff _ pee ¢ FF es a
approved competent persons shall examine for gas with permissible
flame safety lamps before welding or cutting in return atr at or near
working faces. Equipment and methods used in such cases shall be
subject to approval by the Chief.

§ 45-88. Machinery in gaseous mines. (a) In gaseous mines, the *
Chief may designate where flame-proof * machinery shall be used.

(b) No person shall be placed in charge of a coal cutting machine in
any gassy mine, or gassy portion of a mine, who is not a competent person,
capable of determining the safety of the roof and sides of the working
places and detecting the presence of explosive gas. Machine runners in
gassy mines, or gassy portions of a mine, shall be compelled to undergo
examination by the * Chief or Mine Inspector, to determine their fitness to
detect explosive gas before they are permitted to have charge of machines
in such mines, unless they are accompanied by a certified fire boss or a
machine runner or helper who has passed such an examination.

(c) In any gassy portion of a mine, a coal cutting machine shall not
be brought within the last break-through next to the working face until the
machine man shall have made an inspection for gas in the place where the
machine is to work, unless such examination is then made by some other
competent person authorized and appointed for that purpose by the mine
foreman. If explosive gas in dangerous quantities is found in the place,
the machine shall not be taken in until the danger is removed.

(d) In working places where explosive gas is likely to be encountered,
a safety lamp, or other suitable approved apparatus for the detection of fire
damp, shall be provided for use with each mining machine when working,
and should any indication of fire damp in dangerous quantities appear on
the flame of the safety lamp, or other apparatus used for the detection of
fire damp, the person in charge shall immediately stop the machine, cut off
the current at the nearest switch and report the condition to the mine
foreman or fire boss. The machine shall not again be started in such place
until the mine foreman, fire boss or a person duly authorized by one of them
has examined it and pronounced it safe.

(e) No coal cutting machine shall be operated in a gassy portion of a
mine for a longer period than thirty minutes without an examination as
above described being made for gas, and if gas is found in dangerous
quantities the current shall at once be switched off the machine, and the
trailing cable shall forthwith be disconnected from the power supply, until
the place is pronounced safe.

§ 45-85.1. Face equipment.—(a) The cutter chains of mining ma-
chines shall be locked securely by mechanical or other means at all times
except when the machine ts cutting, the chain is being oiled or tested after
repairs, or when the chain is moved to spot bits.

(1) When the chain is being oiled or tested after repairs, an
operator must be at the controls ready to stop movement of the
chain instantly. When the chain is being oiled, the bar must be free
of the kerf and of material that might cause it to deflect, the person
oiling must position himself before the chain is started, the chain
must run in reverse and slowly, and must be stopped and the lock
replaced immediately after the oiling is completed. Oiling devices or
other methods that do not expose a workman to hazard from the
moving chain may be used.

(2) When the chain is moved to spot bits, all persons must be in
the clear of the bar, and the lock must be replaced after the chain
1s moved and before the bits are spotted. ,

(3) When the chain 1s operated to test it after repairs, all persons
must bein the clear of the bar and the lock must be renlaced immedi.
(b) Care must be exercised at all times in the operation of mining and
loading machines. Shields must be kept in place. Timbers removed by
cutting or loading crews must be reset or the roof otherwise secured. Care
must be exercised to prevent persons not engaged in the operation of
machines from exposing themselves dangerously near the machines. Opera-
tors of machines that are self-tramming or machines that are loaded for
tramming shall be alert to clearances and will observe all applicable laws
and rules pertaining to haulage or the movement of traffic.

(c) Conveyors and duckbills shall be properly installed and operated
with care. Timbers removed in installing, moving, or slueing conveyor,
Shall be reset promptly or the roof otherwise adequately secured.

(d) Care must be exercised in the setting of and working around jack
pipes used in the operation of mining machines, conveyors, and loading
machines.

(e) Operators of shuttle cars will satisfy themselves that brakes are
adequate before and during operation, and will exercise care to prevent the
knocking out of timbers. They will promptly reset or report timbers
unavoidably knocked out, will keep cars under control during operations,
and give warning before making turns or passing through curtains or
other points of obstructed vision.

(f) Face Equipment must be stopped before being lubricated, wiped,
or repaired, except as provided t ain (a)- ( 1) above, and must not be restarted
until persons oiling, wiping, or repairing have given clear signal. This
does not apply to lubrication of equipment that is designed or modified so
that lubrication may be performed without exposure to moving parts.

(g) The mine foreman and his assistants are responsible that opera-
tors of face equipment are trained in the requirements of their work before
they are entrusted with the operation of face equipment, other than while
undergoing training by competent operators.

§ 45-85.2. Responsibility for Care and Matntenance.—The mine
operator and the mine officials are responsible that face equipment is

uately maintained as to safe operating condition. Equipment opera-
tors are responsible for exercising reasonable care in the operation of the
equipment entrusted to them, and for reporting defects known to them.

§ 45-85.8. Shop and other equipment. (a) Gears, sprockets, friction
devices, and couplings with protruding bolts or nuts; shafting and pro-
jecting shaft ends that are within seven feet of floors or platform level;
belt or rope drives that are within seven feet of floor or platform; fly-
wheels; circular and band saws and planers, shall be guarded adequately.

(b) Grinders shall be installed and maintained in such manner that
wheel speeds will not exceed rated speeds, and reasonable protection is
afforded against danger of flying particles and wheel disintegration.

(c) Repair pits shall be kept covered or guarded at all times when not
in use to prevent falls into them.

(d) Machinery must be stopped before being lubrciated, wiped, or
repaired, and reasonable precautions must be taken to prevent other per-
sons from restarting them while such work is in progress. This does not
apply to lubrication of machinery that 1s designed or modified so that
lubrication may be performed without exposure to danger from moving
parts.

§ 45-85.4. Repairmen operating machinery.—Repairmen shall not
operate machinery unless they are thoroughly familiar with requirements
for safe operation. No person shall order or require repairmen to operate
machinery for moving or testing without ascertaining that the repairmen
are thoroughly familiar with requirements for safe operation.

§ 45-85.5. Tipple and cleaning plant.—(a) In dangerously dusty loca-
tions electric motors, switches, and controls should be of dust-tight con-
struction, or enclosed with reasonably dust-tight housings or enclosures.
After the effective date of this section the Chief may require open-type
motors, switches, and controls, now in use in tipples and cleaning plants,
to be replaced by dust-tight equipment if he deems such replacements
necessary. ;

(bo) Structures shall be kept free of excessive coal dust accumulations.

(c) Where repairs are being made to the plant, proper scaffolding and
proper overhead protection shall be provided for workmen wherever neces-
sary.

(d) Welding and cutting shall not be done in dangerously dusty atmos-
pheres or locations. Firefighting apparatus shall be readily available dur-
ing welding and cutting operations.

§ 45-85.6. Lamp house—Naphtha or other flammable liquids in lamp
houses shall be kept in approved containers or other safe dispensers.

§ 45-85.7. Stairways; ladders; platforms.—(a) Where practicable,
stairways, ladders, elevated platforms and runways shall be equipped with
handrails.

(b) Elevated platforms and stairways shall be provided with toe-
boards where necessary, and they shall be kept clear of refuse and main-
tained in good repair.

§ 45-85.8. Housekeeping.—Good housekeeping shall be practiced in
and around mine buildings and yards. Such practices include cleanliness,
orderly storage of materials, and the removal of possible sources of injury,
such as stumbling hazards, protruding nails, and broken glass.

§ 45-85.9. Surface fire prevention. (a) Oil, grease, and similar
flammable materials shall be stored in closed containers, separate from
other materials, so as not to create a fire hazard to nearby buildings or
mines. If oil or grease is stored in a building, the building or the room in
which wt 1s stored shall be of fire-resistive material and well ventilated.
Tight metal receptacles shall be provided for oily waste.

(b) Smoking in or about surface structures shall be restricted to places
where it will not cause fire or an explosion.

§ 45-85.10. Damage or destruction.—No person shall maliciously or
willfully damage or destroy safety devices or appliances or shall do any act
maliciously or wilfully that 1s apt to result in exposure of any other person
to unnecessary hazards or to cause damage to equipment or property.

§ 45-86. Safety hats, shoes and goggles; protective clothing. (a)
All workers in and about mining operations shall, when it is deemed neces-
sary or advisable in the opinion of the * Chief, be required to wear adequate
safety hats, safety shoes and goggles.

(b) Welders and helpers shall use proper shields or goggles to protect
their eyes.

(c) Employees engaged in haulage operations and other persons em-
ployed around moving equipment on the surface and underground, shall
wear snug-fitting clothes.

(d) Protective gloves shall be worn when material which may injure
the hands is handled.

(e) Men exposed for short periods to gas, dust, fume, and mist-inhala-
tion hazards shall use permissible respiratory equipment. When the
exposure is for prolonged periods, other measures to protect workmen or
to reduce the hazard shall be taken.

CHAPTER 5
FINANCIAL ADMINISTRATION

§ 5.01. Department of Finance.—There may be a department of
finance which shall be under the supervision of a director of finance, who
may be the city manager or a person appointed by the city manager with
the approval of the council, and which shall include the city treasurer and
the city commissoner of the revenue and their respective offices.

§ 5.02. General Duties of Director.—The director of finance shall
be the administrative head of the department of finance and as such shall
have charge of the financial affairs of the city, including such powers and
duties as may be assigned to the director of finance, or department of
finance, by ordinance or resolution of the council not inconsistent with
the Constitution and general laws of this Commonwealth.

§ 5.08. Expenditures and Accounting.—No money shall be drawn
from the treasury of the city, nor shall any obligation for the expenditure
of money be incurred, except in pursuance of the annual appropriation
ordinance or legally enacted supplement thereto, or subsequent resolution
enacted by the council. Accounts shall be kept for each item of appropria-
tion made by the council. Each such account shall show in detail the ap-
propriations made thereto, the amount drawn thereon, the unpaid obli-
gations charged against it, and the unencumbered balance in the appropri-
ation account, properly chargeable, sufficient to meet the obligation en-
tailed by contract, ‘agreement, or order.

§ 5.04. Real Estate Reassessments.—Reassessments of real estate
taxable by the city shall be made at the time, in the manner, and by the
persons as provided by general laws affecting the city of Covington.

§ 5.05. Disposition of moneys.—All moneys received or collected for
the use of the city from any source shall be paid over, held, and disbursed
as the council may order or resolve, and in such depository or depositories
as may be prescribed by the council, either by ordinance or resolution.
Such depository or depositories may be required to furnish such security,
and under such conditions, as the council may prescribe, not inconsistent
with general laws of the Commonwealth.

§ 5.06. Claims.—The director of finance shall audit all claims
against the city for goods or services. It shall also be his duty to ascer-
tain that such claims are in accordance with the purchase orders or con-
tracts of employment from which the same arise, to present such claims
for approval to the council, or such person as the council may designate;
to keep a record of the revenues and expenditures of the city in a manner
which will permit reporting of those revenues and expenditures in such
form as the council may prescribe; and at the end of each month to pre-
pare and submit to the council and to the city manager statements show-
ing the progress and status of the affairs of the city in such form as the
council may prescribe.

§ 5.07. Director and Purchasing Agent.—The director of finance
shall act as purchasing agent for the city and all the departments, offices,
boards, commissions, and other agencies thereof, unless the city man-
ager shall designate some other officer or employee of the city for such
purpose. The director of finance or the person designated as purchasing
agent shall have such powers and duties relative to city purchasing ac-
tivities as shall be prescribed by the council, including if the council so
prescribes, the custody and distribution of city supplies, materials, and
equipment, the establishment and enforcement of specifications, and the
solicitation and acceptance of competitive bids for city purchases.

§ 5.08. Other Duties of Director.—The director of finance shall
perform such other duties as may be imposed upon him by the city man-
ager.

§ 5.09. Fiscal Year.—The fiscal year of the city shall begin on
the first day of July annually and end on the thirtieth day of June of
the succeeding year, provided however that the council may by ordinance
designate a different fiscal year.

§ 5.10. Submission and Adoption of Budget.—Annually, not later
than two months prior to the first day of the fiscal year, the city man-
ager shall prepare and submit to the council a budget presenting a financial
plan for conducting the affairs of the city for the ensuing fiscal year. Such
budget shall be set up in the manner provided by law, and shall include
such information as the council by ordinance or resolution may require.
Hearings on the budget shall be held and notice thereof given and the
budget adopted in accordance with general laws of the Commonwealth,
provided that the tax levy for each fiscal year shall be made, and the
budget for each fiscal year shall be adopted, prior to the first day of the
fiscal year for which made or adopted.
§ 5.11. Borrowing Powers—The council may, in the name and for
the use of the city, incur indebtedness by issuing its negotiable bonds
or notes for the purposes, in the manner, and to the extent provided for in
the following paragraphs of this chapter.

§ 5.12. Purpose for which Bonds or Notes may be Issued.—Bonds,
and notes in anticipation of bonds when the issuance of bonds has been
authorized as hereinafter provided, may be issued for any purpose for
which cities are authorized to issue bonds by the Constitution or general
laws of this State. All bonds shall be in serial form payable, as consecu-
tively numbered, in annual installments the first of which shall be pay-
uble not more than three years from the date of issue of such bonds.

Notes in anticipation of collection of revenue may be issued, when
authorized by the council, at any time during the fiscal year, provided
that said notes shall mature not later than twelve months after date of
issue, and the amount thereof shall not exceed the revenues anticipated.

§ 5.18. Manner of Issuing Bonds and Notes.—Bonds and notes of
the city may be issued in any manner provided by general law.

§ 5.14. Alternative Manner of Issuing Bonds and Notes.—In addi-
tion to the powers heretofore granted in this chapter the council of the
city of Covington, whenever a majority of all the members of the council
by a recorded vote decide that it is to the interest of the city so to do, may
borrow money for the uses and purposes of the city by issuing bonds or
notes, negotiable or nonnegotiable, of the city for the purpose of rais-
ing such money; provided however that no such bonds or notes shall be
issued under this section unless and until such issue shall be authorized
by a majority of the qualified voters of the city of Covington voting at
an election to be held for the purpose, which shall be called, held, and
conducted in accordance with an ordinance adopted by the council of the
city providing for such election and for giving due publicity to the same,
and also providing by whom and how the ballots shall be prepared and
return canvassed and the result certified.

_ Bonds or notes issued under this section shall conform to the provi-
sions of the Constitution and general laws of the Commonwealth and
the provisions of this charter.

§ 5.15. Limitation on Indebtedness.—In the issuance of bonds and
notes, the city shall be subject to the limitations as to amount which are
contained in § 127 of the Constitution of Virginia.

Chapter 5
Fire Prevention

§ 5.01. The town council shall have the power and authority to
establish and maintain a fire department for the town, and all powers
necessary for the government, management, maintenance, equipment and
direction of such fire department and the premises, property and equip-
ment thereof. The council may make ordinances as it may deem proper
for the prevention and extinguishment of fires, for the regulation of the
conduct of persons in attendance at fires, in relation to the powers and
duties of the officers and men of the fire department, to require citizens
to render assistance to the fire department in case of need, and in relation
to the acquisition, use, maintenance and preservation of real estate, per-
sonal property, fire apparatus and equipment necessary or proper for the
use of the fire department.

5 The town council shall have the power and authority to
regulate the keeping or storage of dynamite, gunpowder or other com-
bustibles within the town, and to provide magazines for the same, and
direct the location of all buildings for the storage thereof; to regulate the
sale and use of dynamite, gunpowder and other combustibles, and fire-
crackers or fireworks manufactured therefrom, gasoline, kerosene oil,
nitroglycerine, camphene, fuel oil, or other combustible material; to regu-
late the exhibition of fireworks and the discharge of firearms, and to
restrict the making of bonfires in streets, alleys and yards.
CHAPTER 5
Schools

5.01.—School District.

The City of Galax shall constitute a separate school district.

5.02.—Number and Qualifications.

The school board shall consist of three trustees who shall be qualified
voters of the City and not a member of the city council.

5.038.—Appointment.

At its first meeting after this charter becomes effective, the council
shall elect three trustees, one for a term expiring December 31, 1955,
another for a term expiring December 31, 1956 and the other for a term
expiring December 31, 1957. At its first regular meeting in September
1955, and every year thereafter, at its first regular September meeting,
the council shall appoint one trustee for a term of three years, whose term
shall begin January lst, following his election.

5.04.—Compensation.

The compensation to be paid to each trustee shall be fixed by a majority
vote of the council, provided however that the annual compensation to
be paid to any trustee shall not exceed the sum of $150.00 for his services
as such.

5.05.—Powers.

The establishment, maintenance, and operation of a system of free
public schools within the City of Galax shall be under the control of the
school board, appointed by the city council in accordance with the pro-
visions of this charter, the Constitution of Virginia, the laws of the
Commonwealth, the regulations of the State Board of Education; and said
board shall have all the rights, privileges, powers, and duties granted or
empowered by the said provisions, Constitution, laws, and regulations;
and nothing in this charter shall negate any rights, privileges, powers,
or duties granted or empowered to the school board by said provisions,
Constitution, laws, and regulations; and neither shall the school board
have any such rights, privileges, powers, and duties not provided by said
provisions, Constitution, laws and regulations.