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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 40.1-79.1 and 40.1-100 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-79.1. Exemptions from chapter generally; local ordinance authorizing participation in volunteer fire company activities.
A. Any county, city or town may authorize by ordinance
any person sixteen years of age residing anywhere in the
Commonwealth, aged 16 years or older, who is a member of a volunteer
fire company within such county, city, or town with parental or guardian
approval, (i) to seek certification under National Fire Protection
Association 1001, level one, firefighter standards, as administered by the
Department of Fire Programs; and (ii) to work with or participate fully in
all activities of a such volunteer fire company, provided such
person has attained certification under National Fire Protection Association
1001, level one, fire fighter firefighter standards, as
administered by the Department of Fire Programs.
B. Any trainer or instructor of such persons mentioned in subsection A of this section and any member of a paid or volunteer fire company who supervises any such persons shall be exempt from the provisions of § 40.1-103, provided that the provisions of § 40.1-100 have not been violated, when engaged in activities of a volunteer fire company, and provided that the volunteer fire company or the governing body of such county, city or town has purchased insurance which provides coverage for injuries to or the death of such persons in their performance of activities under this section.
§ 40.1-100. Certain employment prohibited or limited.
A. No child under eighteen 18 years of age shall
be employed, permitted or suffered to work:
1. In any mine, quarry, tunnel, underground scaffolding work; in or about any plant or establishment manufacturing or storing explosives or articles containing explosive components; in any occupation involving exposure to radioactive substances or to ionizing radiations including X-ray equipment;
2. At operating or assisting to operate any grinding, abrasive, polishing or buffing machine, any power-driven metal forming, punching or shearing machine, power-driven bakery machine, power-driven paper products machine, any circular saw, band saw or guillotine shear, or any power-driven woodworking machine;
3. In oiling or assisting in oiling, wiping and cleaning any such machinery;
4. In any capacity in preparing any composition in which dangerous or poisonous chemicals are used;
5. In any capacity in the manufacturing of paints, colors, white lead, or brick tile or kindred products, or in any place where goods of alcoholic content are manufactured, bottled, or sold for consumption on the premises except in places where the sale of alcoholic beverages is merely incidental to the main business actually conducted, or to deliver alcoholic goods;
6. In any capacity in or about excavation, demolition, roofing, wrecking or shipbreaking operations;
7. As a driver or a helper on a truck or commercial vehicle of more than two axles. The provisions of this paragraph shall not apply to the drivers of school buses;
8. In logging or sawmilling, or in any lath mill, shingle mill or cooperage-stock mill, or in any occupation involving slaughtering, meatpacking, processing or rendering;
9. In any occupation determined and declared hazardous by rules and regulations promulgated by the Commissioner of Labor and Industry, except as otherwise provided in subsection D.
Notwithstanding the provisions of this section, children
sixteen 16 years of age or older who are serving a voluntary
apprenticeship as provided in Chapter 6 (§ 40.1-117 et seq.) of this title may
be employed in any occupation in accordance with rules and regulations
promulgated by the Commissioner.
B. Except as part of a regular work-training program in
accordance with §§ 40.1-88 and 40.1-89, no child under sixteen 16
years of age shall be employed, permitted or suffered to work:
1. In any manufacturing or mechanical establishment, in any
commercial cannery; in the operation of any automatic passenger or freight
elevator; in any dance studio; or in any hospital, nursing home, clinic, or
other establishment providing care for resident patients as a laboratory
helper, therapist, orderly, or nurse's aide; in the service of any veterinarian
while treating farm animals or horses; in any warehouse; in processing work in
any laundry or dry cleaning establishment; in any undertaking establishment or
funeral home; in any curb service restaurant, in hotel and motel room service;
in any brick, coal or lumber yard or ice plant or in ushering in theaters.
Children fourteen 14 years of age or more may be engaged in
office work of a clerical nature in bona fide office rooms in the above types
of establishments.
2. In any scaffolding work or construction trade; or in any outdoor theater, cabaret, carnival, fair, floor show, pool hall, club, or roadhouse; or as a lifeguard at a beach.
C. Children fourteen 14 years of age or more may
be employed by dry cleaning or laundry establishments in branch stores where no
processing is done on the premises, and in hospitals, nursing homes, and
clinics where they may be engaged in kitchen work, tray service or room and
hall cleaning. Children fourteen 14 years of age or more may be
employed in bowling alleys completely equipped with automatic pin setters, but
not in or about such machines, and in soda fountains, restaurants and hotel and
motel food service departments. Children fourteen 14 years of age
or more may work as gatekeepers and in concessions at swimming pools and may be
employed by concessionaires operating on beaches where their duties and work
pertain to the handling and distribution of beach chairs, umbrellas, floats and
other similar or related beach equipment.
D. Notwithstanding any other provision of this chapter:
1. Children sixteen years of age or more aged 16
years or older employed on farms, in gardens or in orchards may operate,
assist in operating, or otherwise perform work involving a truck, excluding a
tractor trailer, or farm vehicle as defined in § 46.2-1099, in their
employment;
2. Children fourteen years of age or more aged 14
years or older employed on farms, in gardens or in orchards may perform
work as a helper on a truck or commercial vehicle in their employment, while
engaged in such work exclusively on a farm, in a garden or in an orchard;
3. Children aged 16 years or older may participate in all activities of a volunteer fire company; however, any such child shall not enter a burning structure or a structure which contains burning materials prior to obtaining certification under National Fire Protection Association 1001, level one, fire fighter standards, pursuant to the provisions of clause (i) of subsection A of § 40.1-79.1, except where entry into a structure that contains burning materials is during training necessary to attain certification under National Fire Protection Association 1001, level one, firefighter standards, as administered by the Department of Fire Programs.
2. That an emergency exists and this act is in force from its passage.