Chapter 1 Buildings Under Construction or Repair
Chapter 2 Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People Movers, and Other Conveyances
Chapter 3 Safety Devices Upon Buildings to Safeguard Window Cleaners
Chapter 4 Passenger Tramways
Chapter 5 Cranes

Terms Used In California Codes > Labor Code > Division 5 > Part 3

  • Action: includes an action commenced by cross-complaint or other pleading that asserts a cause of action or claim for relief. See California Education Code 8347.1
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency: means the Labor and Workforce Development Agency. See California Education Code 32290
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appeals board: means the Occupational Safety and Health Appeals Board, within the department. See California Public Utilities Code 99234.1
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • apprentice: as used in this chapter , means a person at least 16 years of age who has entered into a written agreement, in this chapter called an "apprentice agreement" with an employer or program sponsor. See California Public Utilities Code 26242
  • Arrest: Taking physical custody of a person by lawful authority.
  • Article: as used in this chapter means and includes any article of wearing apparel, cloth, drapery or other fabric or material made from or containing any natural or synthetic fiber. See California Labor Code 7100
  • Building: as used in this chapter , means any building three stories or more in height, and whether heretofore constructed or hereafter to be constructed, including commercial buildings of all types, office buildings, apartment houses, hotels and buildings used for manufacturing purposes, but excluding dwelling houses occupied by not more than three families, and excluding all buildings constructed with windows that may be, and are, entirely washed and cleaned from inside the building or from a sitting position on the window sill in the manner provided by safety orders issued, or which may be issued from time to time, by the division. See California Public Utilities Code 100163
  • building: means any multifloor building, other than structural steel framed building, more than two stories high in the course of construction. See California Labor Code 7100
  • Building: includes structures of all kinds during the course of construction, regardless of the purposes for which they are intended and whether such construction be below or above the level of the ground. See California Labor Code 7200
  • building: means any multifloor structural steel framed building more than two stories high in the course of construction. See California Labor Code 7250
  • business: includes a proprietorship, partnership, corporation, and any other form of commercial enterprise. See California Education Code 8265.1
  • California state preschool program: means part-day and full-day educational programs for low-income or otherwise disadvantaged three- and four-year-old children. See California Education Code 8208
  • Campus: shall include any campus or other installation maintained under the jurisdiction of the Regents of the University of California. See California Public Utilities Code 98003
  • Certified competent conveyance mechanic: means any person who has been determined by the division to have the qualifications and ability of a competent journey-level conveyance mechanic and is so certified by the division in accordance with this chapter. See California Public Utilities Code 100060.2
  • Certified qualified conveyance company: means any person, firm, or corporation that (1) possesses a valid contractor's license if required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and (2) is certified as a qualified conveyance company by the division in accordance with this chapter. See California Public Utilities Code 100060.2
  • Child care and development services: means those services designed to meet a wide variety of needs of children and their families, while their parents or guardians are working, in training, seeking employment, incapacitated, or in need of respite. See California Education Code 8208
  • Children with exceptional needs: means either of the following:

    California Education Code 8208

  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Education Code 5092
  • clinic: means an organized outpatient health facility that provides direct medical, surgical, dental, optometric, or podiatric advice, services, or treatment to patients who remain less than 24 hours, and that may also provide diagnostic or therapeutic services to patients in the home as an incident to care provided at the clinic facility. See California Labor Code 7374
  • Commission: means the Public Utilities Commission created by Section 1 of Article XII of the California Constitution, and "commissioner" means a member of the commission. See California Education Code 5093
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction elevator: includes any means used to hoist persons or material of any kind on a building under course of construction, when operated by any power other than muscular power. See California Labor Code 7200
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conveyance: means any elevator, dumbwaiter, escalator, moving platform lift, stairway chairlift, material lift or dumbwaiter with automatic transfer device, automated people mover, or other equipment subject to this chapter. See California Public Utilities Code 100060.2
  • Conveyance inspector: means any conveyance safety inspector of the division or other conveyance inspector determined by the division to be qualified pursuant to this chapter. See California Public Utilities Code 100060.2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cost: includes , but is not limited to, expenditures that are related to the operation of child care and development programs. See California Education Code 8208
  • County: includes "city and county. See California Education Code 32284
  • county: includes "city and county". See California Education Code 1012
  • County: includes city and county. See California Education Code 5091
  • County: includes city and county. See California Education Code 24937
  • County: includes every county and city and county within this State. See California Education Code 8275
  • Court: means the court in which the action is pending. See California Education Code 8347.1
  • Crane: means a machine for lifting or lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. See California Labor Code 7371
  • Crane employer: means an employer who is responsible for the maintenance and operation of a tower crane. See California Labor Code 7371
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • Department: means the Licensing and Certification Division of the State Department of Public Health, or its successor. See California Labor Code 7374
  • Department: means Department of Industrial Relations. See California Education Code 32295.5
  • Department: means the Department of Industrial Relations. See California Public Utilities Code 99234.1
  • Department: means the Department of Motor Vehicles except, when used in Chapter 2 (commencing with Section 2100) of Division 2 and in Divisions 11 (commencing with Section 21000), 12 (commencing with Section 24000), 13 (commencing with Section 29000), 14 (commencing with Section 31600), 14. See California Education Code 8277.2
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Director: means Director of Industrial Relations. See California Education Code 32390
  • Director: means the Director of Industrial Relations. See California Public Utilities Code 99234.1
  • Director: means "State Director of Health Services. See California Education Code 24944
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the Division of Occupational Safety and Health. See California Public Utilities Code 99234.1
  • Division: means the Division of Occupational Safety and Health. See California Public Utilities Code 100060.2
  • drawbar: is a rigid structure forming a connection between a trailer and a towing vehicle, securely attached to both vehicles by nonrigid means and carrying no part of the load of either vehicle. See California Education Code 8277.7
  • driver: is a person who drives or is in actual physical control of a vehicle. See California Education Code 8278.3
  • Elevator: means an installation defined as an "elevator" in ASME A17. See California Public Utilities Code 100060.2
  • employer: means :

    California Labor Code 3300

  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Ex officio: Literally, by virtue of one's office.
  • for hire: means that the entity providing transportation services is compensated for the transportation under contract or agreement. See California Education Code 8370
  • Four-year-old children: means children who will have their fourth birthday on or before the date specified of the fiscal year in which they are enrolled in a California state preschool program, as follows:

    California Education Code 8208

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • golf cart: is a motor vehicle having not less than three wheels in contact with the ground, having an unladen weight less than 1,300 pounds, which is designed to be and is operated at not more than 15 miles per hour and designed to carry golf equipment and not more than two persons, including the driver. See California Education Code 8332.4
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Highway: is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. See California Education Code 8332.7
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Inflammable article: as used in this chapter is any article made from or containing natural or synthetic fiber and determined by the Fire Marshal to be so highly inflammable as to constitute a dangerous risk of fire and hazard of injury to persons and property, taking into consideration the use or uses for which the article is made and designed to serve. See California Labor Code 7100
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Public Utilities Code 27013
  • instruction: includes classroom driver education, in-vehicle driver training, and correspondence study. See California Education Code 8279.2
  • Insurer: includes the State Compensation Insurance Fund and any private company, corporation, mutual association, and reciprocal or interinsurance exchange, authorized under the laws of this state to insure employers against liability for compensation under this part and under Division 4 (commencing with Section 3201), and any employer to whom a certificate of consent to self-insure has been issued. See California Public Utilities Code 99234.1
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Juror: A person who is on the jury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Material alteration: means an alteration as defined in ASME A17. See California Public Utilities Code 100060.2
  • Members of a fire department: includes , but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following:

    California Public Utilities Code 27091

  • Mobile tower crane: means a tower crane which is mounted on a crawler, truck, or similar carrier for travel or transit. See California Labor Code 7371
  • motor vehicle: includes a recreational vehicle as that term is defined in subdivision (a) of Section 18010 of the Health and Safety Code, but does not include a truck camper. See California Education Code 8360
  • motorcycle: is a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. See California Education Code 8356
  • motorized quadricycle: is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device, designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. See California Education Code 8358
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Oath: includes affirmation. See California Education Code 5031
  • Oath: A promise to tell the truth.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Passenger tramway: includes any method or device used primarily for the purpose of transporting persons by means of cables or ropes suspended between two or more points or structures. See California Public Utilities Code 100171
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Education Code 1012
  • Permit: means a document issued by the division that indicates that the conveyance has had the required safety inspection and tests and fees have been paid as set forth in this chapter. See California Public Utilities Code 100060.2
  • Permit: means a permit issued by the division to operate a passenger tramway in any place. See California Public Utilities Code 100171
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 32289
  • Person: includes a corporation as well as a natural person. See California Education Code 17389
  • person: includes a corporation as well as a natural person. See California Education Code 1012
  • Person: includes a natural person, firm, copartnership, association, limited liability company, or corporation. See California Education Code 8404
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal property: All property that is not real property.
  • Plaintiff: includes a cross-complainant or other person by whom an action is commenced. See California Education Code 8347.1
  • Primary care clinics: means all the types of clinics specified in subdivision (a) of Section 1204, including community clinics and free clinics. See California Labor Code 7374
  • Property: includes both personal and real property. See California Education Code 17389
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • required number: means :

    California Revenue and Taxation Code 212

  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • scaffolding: includes scaffolding and staging. See California Labor Code 7150
  • Secretary: means the Secretary of Labor and Workforce Development. See California Education Code 32300
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: includes "marshal. See California Education Code 32425
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Specialty clinics: means all the types of clinics specified in subdivision (b) of Section 1204, including surgical clinics, chronic dialysis clinics, and rehabilitation clinics. See California Labor Code 7374
  • Standard reimbursement rate: means that rate established by the Superintendent pursuant to Section 8265. See California Education Code 8208
  • Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Public Utilities Code 99234.1
  • standards board: means the Occupational Safety and Health Standards Board. See California Public Utilities Code 100060.2
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Education Code 1012
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 5090
  • Statute: A law passed by a legislature.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Education Code 5028
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary permit: means a document issued by the division which permits the use of a noncompliant conveyance by the general public for a limited time while minor repairs are being completed or until permit fees are paid. See California Public Utilities Code 100060.2
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Tower crane: means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower. See California Labor Code 7371
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • True bill: Another word for indictment.
  • vehicle: is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. See California Education Code 8486
  • Vendor: as used in this chapter means any individual, firm or corporation engaged in the manufacture for sale or the sale of articles as herein defined. See California Labor Code 7100
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Violation: includes a failure to comply with any requirement of the code. See California Education Code 32400 v2
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Education Code 1012