S$ 104, 105 Tenement-made Articles L. 1909, ch. 36 records as to the presence of infectious, contagious or communicable disease, or of unsanitary conditions in said houses; and shall furnish such other information as may be necessary to enable the commissioner of labor to carry out the provisions of this article. This section was derived from the Labor Law of 1897, § 103, as amended by L. 1899, ch. 191, and L. 1904, ch. 550, § 4. It was amended to read as above by L. 1913, ch. 260. § 104. Manufacturing of certain articles in tenements prohibited. No article of food, no dolls or dolls' clothing and no article of children's or infants' wearing apparel shall be manufactured, altered, repaired or finished, in whole or in part, for a factory, either directly or through the instrumentality of one or more contractors or other third person, in a tenement house, in any portion of an apartment, any part of which is used for living purposes. This section was derived from the Labor Law of 1897, § 104, as amended by L. 1899, ch. 199. It was amended to read as above by L. 1913, ch. 260. Manufactures in tenement houses and dwellings: see PUBLIC HEALth Law, § 33. Validity of statutes regulating manufacture of clothing in tenements: see 1 Ann. Cas. 747 note. § 105. Owners of tenement houses not to permit the unlawful use thereof. The owner or agent of a tenement house shall not permit the use thereof for the manufacture, repair, alteration or finishing of any article contrary to the provisions of this chapter. If a room or apartment in such tenement house be so unlawfully used, the commissioner of labor shall serve a notice thereof upon such owner or agent. Unless such owner or agent shall cause such unlawful manufacture to be discontinued within ten days after the service of such notice, or within fifteen days thereafter insti tutes and faithfully prosecutes proceedings for dispossession of the occupant of a tenement house, who unlawfully manufactures, repairs, alters or finishes any articles therein, he shall be deemed guilty of a violation of this chapter as if he, himself, was engaged in such unlawful manufacture, repair, alteration or finishing. The unlawful manufacture, repair, alteration or finishing of any articles by the occupant of a room or apartment of a tenement house shall be a cause for dispossessing such occupant by summary proceedings to recover possession of real property, as provided in the code of civil procedure. This section was derived from the Labor Law of 1897, § 105, as amended by L. 1899, ch. 191, and L. 1904, ch. 550, § 5. It was amended to read as above by L. 1913, ch. 260. L. 1909, ch. 36 Tenement-made Articles § 106 § 106. Factory permits. The owner of every factory for which any articles are manufactured in any tenement house shall secure a permit therefor from the commissioner of labor who shall issue such permit to any such owner applying therefor. Such permit may be revoked or suspended by the commissioner of labor whenever any provision of this article or of section seventy of this chapter is violated in connection with any work for such factory. Such permit may be reissued or reinstated in the discretion of the commissioner when such violation has ceased. No articles shall be manufactured in any tenement house for any factory for which no permit has been issued or for any factory whose permit is suspended or revoked. A complete list of all factories holding such permits, together with the name of the owner of each such factory, the address of the business and the name under which it is carried on, and of all tenement houses holding licenses, and a list of all permits and licenses revoked or suspended shall be published from time to time by the department of labor. New. Added by L. 1913, ch. 260. 113-a. Prohibited employment of diseased bakers. 115. Sanitary certificates. 116. Prohibition of future cellar bakeries. 117. Sanitary code for bakeries and confectioneries. § 110. Enforcement of article. In every city of the first class the health department of such city shall have exclusive jurisdiction to enforce the provisions of this article. In the application of any provision of this article to any city of the first class, the words "commissioner of labor" or "department of labor" shall be understood to mean the health department of such city. New. Added by L. 1913, ch. 463, which amended article 8" to read as follows." The New York city charter, § 1341, was amended by L. 1916, ch. 503, § 14, and the rights, powers and duties of the health department "with respect to the construction of and structural changes in bakeries and confectioneries in tenement houses," was transferred to the tenement house department. Section 110 of the Labor Law of 1897 was amended by L. 1911, ch. 637. The section syllabus of this article in the Labor Law of 1897 read as follows: Section 110. Hours of labor in bakeries and confectionery establishments. 111. Drainage and plumbing of buildings and rooms occupied by bakeries. 112. Requirements as to rooms, furniture, utensils and manu factured products. 113. Wash-rooms and closets; sleeping places. 114. Inspection of bakeries. 115. Notice requiring alterations. It was amended by L. 1911, ch. 637, to read as follows: Section 110. Hours of labor in bakeries and confectioneries. 111. Definitions. 112. General requirements. 113. Maintenance. 114. Inspection of bakeries. By L. 1913, ch. 463, the section syllabus was amended to read as given in the text. L. 1909, ch. 36. Bakeries and Confectioneries 8 111 Section 110 of the Labor Law is now included in the provisions of article 6. See last sentence in section 111, infra. Bake-shop Law.-The former section, limiting the hours of work of bakers, was held unconstitutional in Lochner v..New York, (1904) 198 U. S. 45, 25 S. Ct. 539, 49 U. S. (L. ed.) 937, 3 Ann. Cas. 1133, .reversing (1904) 177 N. Y. 145, 69 N. E. 373, 101 A. S. R. 773, which affirmed 73 App. Div. 120, 76 N. Y. S. 396, on the ground that it was an unlawful interference with the right to contract, not justified by the police power. Before the original section was declared unconstitutional it was held that its application was not confined to concerns manufacturing bread and biscuit made of flour and meal, but extended to the manufacture of food products from edible grains by baking, without regard to the previous preparation of such grain by grinding, rolling or other process. Op. Atty-Gen. (1904) 217. Cited. This section as it formerly read was cited in People v. Marcus, (1906) 185 N. Y. 257, 77 N. E. 1073, 113 A. S. R. 902, 7 Ann. Cas. 118, 7 L..R. A. (N. S.) 282, affirming 110 App. Div. 255. § III. Definitions. All buildings, rooms or places used or occupied for the purpose of making, preparing or baking bread, biscuits, pastry, cakes, doughnuts, crullers, noodles, macaroni or spaghetti to be sold or consumed on or off the premises, except kitchens in hotels, restaurants, boarding houses or private residences wherein such products are prepared to be used and are used exclusively on the premises, shall for the purpose of this article be deemed bakeries. The commissioner of labor shall have the same powers with respect to the machinery, safety devices and sanitary conditions in hotel bakeries that he has with respect thereto in bakeries as defined by this chapter. In cities of the first class the health department's jurisdiction over hotel bakeries shall not extend to the machinery safety devices and hours of labor of employees therein. The term cellar when used in this article shall mean a room or a part of a building which is more than one-half its height below the level of the curb or ground adjoining the building (excluding areaways). The term owner as used in this article shall be construed to mean the owner or owners of the freehold of the premises, or the lessee or joint lessees of the whole thereof, or his, her or their agent in charge of the property. The term occupier shall be construed to mean the person, firm or corporation in actual possession of the premises, who either himself makes, prepares or bakes any of the articles mentioned in this section, or hires or employs others to do it for him. Bakeries are factories within the meaning of this chapter, and subject to all the provisions of article six hereof. This section was derived from the Labor Law of 1897, § 111. It was amended by L. 1911, ch. 637. By L. 1913, ch. 463, the section was amended to read as given in the text. § 112 Bakeries and Confectioneries L. 1909, ch. 36 Bakeries in tenement houses: see TENEMENT HOUSE LAw, § 40. Liability for violation of section 81.-- The provision that bakeries shall be deemed to be factories renders the owner of a tenement factory used in part as a bakery subject to the provisions of section 81. People v. Pullman, (1915) 166 App. Div. 99, 151 N. Y. S. 741. Cited. This section as it formerly read was cited in People v. Lockner, (1904) 177 N. Y. 145, 69 N. E. 373, 101 A. S. R. 773, affirming 73 App. Div. 120, 76 N. Y. S. 396, reversed in 198 U. S. 45, 25 S. Ct. 539, 49 U. S. (L. ed.) 937. § 112. General requirements. All bakeries shall be provided with proper and sufficient drainage and with suitable sinks, sup plied with clean running water for the purpose of washing and keeping clean the utensils and apparatus used therein. All bakeries shall be provided with proper and adequate windows, and if required by the rules and regulations of the industrial board, with ventilating hoods and pipes over ovens and ashpits, or with other mechanical means, to so ventilate same as to render harmless to the persons working therein any steam, gases, vapors, dust, excessive heat or any impurities that may be generated or released by or in the process of making, preparing or baking in said bakeries. Every bakery shall be at least eight feet in height measured from the surface of the finished floor to the under side of the ceiling, and shall have a flooring of even, smooth cement, or of tiles laid in cement, or a wooden floor, so laid and constructed as to be free from cracks, holes and interstices, except that any cellar or basement less than eight feet in height which was used for a bakery on the second day of May, eighteen hundred and ninety-five, need not be altered to conform to this provision with respect to height; the side walls and ceilings shall be either plastered, ceiled or wainscoted. Every bakery shall be provided with a sufficient number of water-closets, and such water-closets shall be separate and apart from and unconnected with the bakeroom or rooms where food products are stored or sold. This section was derived from the Labor Law of 1897, § 112. It was amended by L. 1911, ch. 637 By L. 1913, ch. 463, it was amended to read as given in the text. Water closets in factories: see supra, § 88-a; in foundries: see supra, § 97; in mercantile establishments: see infra, § 168-e. Cited. This section as it formerly read was cited in People v. Lockner, (1904) 177 N. Y. 145, 69 N. E. 373, 101 A. S. R. 773, affirming 73 App. Div. 120, 76 N. Y. S. 396, reversed in 198 U. S. 45, 25 S. Ct. 539, 49 U. S. (L. ed.) 937. |